Judgment Search Results Home > Cases Phrase: kalakshetra foundation act 1993 Page 5 of about 20,760 results (0.072 seconds)

Sarvoday Charitable Trust Vs. Gujarat University and anr.

Court : Gujarat

Reported in : (2008)2GLR1760

..... the point as to operation of the provisions of national council for teachers education act, 1993 (hereinafter referred to sncte act for short) over the state legislature in the field of higher education is by ..... that such contention from the mouth of the university who itself has not obeyed the law as per section 14(6) of the act should not be entertained and if entertained, it would not only result into chaotic situation, but it would result into nullifying the effect of section 14(6) of the act so far as it creates the obligation upon the examining body, which is university in the present case, to grant affiliation ..... the another mode can be that the university may grant affiliation upon a certificate of recognition produced in view of the provisions of section 14(6) of the act and thereafter, may report to the ncte if as per the university there is any non-compliance to the regulations or the orders made thereunder or any conditions of ..... such contention even if considered for the sake of examination can be said as without foundation inasmuch as until the affiliation is granted, there will not be any constitution of the selection committee ..... of non-compliance to the norms and the conditions of the recognition is to be made before the ncte and the university cannot be permitted to nullify the mandatory provisions of section 14(6) of ncte act, more particularly when the apex court has already upheld its applicability in case of sant dnyaneshwar shikshan shastra mahavidyalaya and ors. .....

Lakshmi Balaraman Vs. Punjab National Bank, Mount Road Branch, 163, An ...

Court : Chennai

Reported in : [2000]102CompCas33(Mad); 1998(2)CTC754; (1999)IMLJ481

..... restricted sense, it includes facts, constituting infringement of the right and is thus the cause which is the foundation of the suit whereas in the wider sense it includes the facts constituting the right itself jaharial pagolia v. ..... when the recovery of debts due to banks and financial institutions act, 1993 came into force, the suit was transferred before the debts recovery tribunal, and was numbered as transferred application no.100 of ..... transfer of pending cases:-(1) every suit or other proceeding pending before any court immediately before the date of establishment of a tribunal under this act, being a suit or proceeding the cause of action whereon it is based is such that it would have been, if it had arisen after such establishment, within the jurisdiction of such tribunal shall stand transferred on the date to ..... the said contention, learned counsel for respondent submitted that rule 10 has to be read along with section 31 of the recovery of debts due to banks and financial institutions act, 1993, which deals with 'transfer of pending cases'. ..... under rule 10 of the debt recovery tribunal (procedure) rules, 1993, an application must be confined to one cause of action, and if so made, the claim will be ..... judge further said that the third category of cases is,where the debts claimed on the basis of different transactions individually arefor amounts less than the one prescribed under section 1(4) of the act, butcumulatively go beyond the amount prescribed by the said provision. .....

Umakanth Mallikarjunaswamy and ors. Vs. the State of Karnataka by Its ...

Court : Karnataka

Reported in : ILR2007(1)Kar573; 2007(2)KarLJ172; 2007(2)KCCR1239; 2007(2)AIRKarR92

..... the central government policy of sarva shikshana abhiyana scheme in a much more vibrant manner had constituted a committee of representatives from the state of karnataka, the national law school, bangalore and azim premji foundation to study the functioning of the sdm committees and to advise the state for further improvement in the educational system of the state government. ..... not circulated the model bye-laws to the gram panchayaths and consequently, the panchayats have not adopted the model bye-laws as contemplated under section 316 of the 'kpr act; that the terms of the existing committees shall be allowed to continue till completion of their terms of three years, in order to develop and maintain the healthy democratic conventions.6. ..... of the karnataka panchayath raj act, 1993 (karnataka act 14 of 1993) hereinafter referred to as ..... and argued contending that the source of power to issue the impugned notification dated 14.6.2006 by which, the model bye-laws are framed by the statement government is traceable to the provisions of 'kpr act; that the notification dated 14-6-2006 supercedes all other earlier government order i.e. ..... thus, the procedure as prescribed under the provisions of 316(3)(4) of the 'kpr act' need not be gone into in these matters, inasmuch as, the gram panchayats have voluntarily adopted the ..... the provisions of section 316 of the 'kpr act' empowers the state government to make model bye-laws for the gram panchayats after previous publication of the draft for not .....

Viral Filaments Limited Vs. Indusind Bank Limited

Court : Mumbai

Reported in : 2001(3)ALLMR737; [2003]113CompCas85(Bom)

..... in that case, a winding up petition was filed by a creditor before the high court and the company moved an application under section 8 of the arbitration and conciliation act, 1996, contending, inter alia, that the high court should refer the matter to arbitration- this contention failed before the learned single judge of the high court and before the division bench of the ..... act, 1993 are to the above extent inconsistent with the provisions of the companies act, 1956 and the latter act has to yield to the provisions of the former ..... act, 1993 confer exclusive jurisdiction on the tribunal and the recovery officer in respect of debts payable to banks and financial institutions and there can be no interference by the company court under section 442 read with section 537 or under section 446 of the companies act, 1956 ..... constituted under the recovery of debts due to banks and financial institutions act, 1993 (hereinafter referred to as 'r.d.b. ..... the learned company judge made an order under sections 442 and 537 of the companies act staying any further sales of the debtor company's assets and also restraining the disbursement of the moneys already realised in other ..... on first principles we are unable to agree with the learned counsel that a petition presented under section 433(e) of the companies act, 1956 for winding up of a company is or equivalent to an application seeking recovery of a debt due to the petitioning ..... one would have expected the argument to be based on surer foundation. .....

Kunhambu K. and anr. Vs. the Presiding Officer, Debt Recovery Tribunal ...

Court : Karnataka

Reported in : (2003)185CTR(Kar)289; 2002(6)KarLJ350

..... ponnappa who had appeared on behalf of their counsel submits that the sale of the property in question is in contravention of the provisions of the act of 1993 and rule 52(2) as tribunal has proceeded to pass ex parte proceedings in the execution case for attachment of the property and the sale of the same in public auction ..... conformity with the market value and also by another memo dated 17-12-2000 the proclamation of sale in form 13 as required under rule 38 and rule 52(2) of ii schedule to the income-tax act, 1961 produced to show that the proclamation of the sale of the property dated 18-12-1999 in question has been made in accordance with the rules. ..... vamshi krishna submits that the second respondent-officer after following the mandatory procedure as contemplated under the ii schedule to income-tax act, 1961, after issuing the proclamation of sale notice giving wide publicity in the district as per annexure-c to e the sale of the property has been made in the public auction ..... debts due to the banks and financial institutions act, 1993 (in short, 'act') came into force. ..... as contemplated under the rule 52(2) in part iii of the second schedule regarding procedure for recovery of tax framed under sections 222 and 276 of the income-tax act, 1961 (hereinafter called as 'rules' in short), which rules are required to be applied for recovery of the money due to the banks and corporations and pursuant to the recovery certificate issued under section 29 of the act of 1993 by the tribunal. .....

Rajasthan Financial Corporation and anr. Vs. the Official Liquidator a ...

Court : Supreme Court of India

Reported in : AIR2006SC755; IV(2005)BC551(SC); 2006(1)BomCR531; [2005]128CompCas387(SC); (2005)6CompLJ129(SC); JT2005(12)SC156; (2005)4MLJ184(SC); (2006)142PLR404; 2005(8)SCALE255; (2005)8SCC190

..... price, confirmation of the sale, holding of the sale proceeds and the distribution thereof among the creditors in terms of section 529a and section 529 of the companies act.iv) in a case where proceedings under the recovery of debts due to banks and financial institutions act, 1993 or the sfc act are not set in motion, the concerned creditor is to approach the company court for appropriate directions regarding the realization of its securities consistent with the relevant ..... in the light of the discussion as above, we think it proper to sum up the legal position thus:-i) a debt recovery tribunal acting under the recovery of debts due to banks and financial institutions act, 1993 would be entitled to order the sale and to sell the properties of the debtor, even if a company-in- liquidation, through its recovery officer but only after notice to the official liquidator or the liquidator appointed by the company ..... court and after hearing him.ii) a district court entertaining an application under section 31 of the sfc act will have the power to order sale of the assets of a borrower .....

M/S. Unified Agro Ind. (India) Ltd. and ors Vs. Debts Recovery Tribuna ...

Court : Delhi

Reported in : [2003]115CompCas708(Delhi)

..... parliament enacted the recovery of debts due to banks and financial institutions act, 1993 (hereinafter referred to as 'the act') to provide for establishment of tribunals for expeditious adjudication and recovery of debts due to banks and financial institutions ..... statutory remedies, is not affected, specially in a case where the authority against whom the writ is filed is shown to have had no jurisdiction or had purported to usurp jurisdiction without any legal foundation.'25. ..... fundamental right has been infringed; (b) where some mandatory provisions of the constitution have been violated; (c) where the alternative remedy is too dilatory or difficult to give quick relief; (d) where the act, which provides the remedy is itself unconstitutional or ultra vires; (e) where the statutory rule under which the order has been passed is itself ultra virus the statute under which the order has ..... upon number of decisions where various high courts in the country, while considering the nature of alternate remedy prescribed under section 20 of the act came to the conclusion that the writ petitions filed against the order of tribunal are not maintainable as remedy provided under section 20 is adequate ..... passed by the tribunal holding:- 'it is not the case of the petitioners that there is no statutory appeal provided but they contend that the appellate authority is also bound by the act and rules and cannot ask the first respondent-tribunal to vary the amount in the demand notice dated 98-11-1998. .....

National Council for Teacher Education Vs. Edara Al-nishat Muslemeen E ...

Court : Patna

..... respondents on the other hand supported the judgment of the learned single judge and submitted that the council has to consider the matter in terms of the act and the state has no role to play and accordingly the insistence to procure no objection certificate from the state government is not a valid ground.9. ..... the learned single judge has allowed the claim of the writ petitioner-respondents on the ground that once the central act has been enacted the state act with regard to the recognition being inconsistent becomes void and as such the recognition by the state government was not a valid requirement and without that the council has ..... in the meantime, in 1993 the parliament enacted the national council for teachers education act, 1993 (hereinafter referred to as the act) with an object to achieve planned and coordinated development of the teacher education system throughout the country, the regulations and proper maintenance of norms and standards in the teacher ..... thus, the very foundation given by the learned single judge for issuance of a direction is ..... it has made regulation in exercise of power under section 32 of the act on 29.12.1995, which requires in clause 5(e) to submit an application for recognition with a no-objection certificate from the state or union ..... 1 is a registered society registered under the societies registration act with an object inter alia to develop, uplift and promote the educational standard of rural areas so that they may be well equipped to serve their .....

Keshrimal Jivji Shah and anr. Vs. Bank of Maharashtra and ors.

Court : Mumbai

Reported in : IV(2004)BC6; 2004(4)BomCR842; [2004]122CompCas831(Bom); (2005)193CTR(Bom)229; [2005]273ITR451(Bom); 2004(3)MhLj893

..... questions are :--i) is transfer of an immovable property in contravention of a prohibitory or injunction order of a court illegal or void;ii) whether and to what extent, the procedure under rule 11 of second schedule to income tax act, 1961 is applicable in execution of a recovery certificate issued under section 19(7) of the recovery of debts due to banks and financial institutions act, 1993 (for short rdb act)4. ..... the court exercises its powers on the foundation of respect and regard for its authority by litigating ..... act, 1993 after noticing the abovementioned ..... act, 1993 state that locking up huge amount of public money in litigation prevents proper utilisation and re-cycling of funds for the development of ..... inviting our attention to rule 11 of the rules set out in second schedule to income tax act, 1961, it is contended by shri naphade that claim preferred or objection is raised to attachment or sale of any property in execution of certificate on the ground that such property is not liable to such attachment or sale, then the recovery officer is obliged ..... our opinion, in view of the special procedure for recovery prescribed in chapter v of the act, and section 34, execution of the certificate is also within the exclusive jurisdiction of recovery officer.25 ..... it reversed the decision of delhi high court striking down provisions of this act and more particularly the conclusion therein that establishment of such tribunals is ultra vires articles 323-a and 323-b of constitution of .....

M.K. Ramesh Kumar Vs. Asset. Reconstruction Company (India) Limited Re ...

Court : Andhra Pradesh

Reported in : AIR2008AP45; III(2008)BC258

..... maruthi rao (supra), the supreme court interpreted section 58(f) and highlighted the distinction between equitable mortgage as under in english law and mortgage by deposit of title deeds recognized under the transfer of property act in india and held:in england an equitable mortgage can be created either (1) by actual deposit of title-deeds, in which case parol evidence is admissible to show the meaning of the deposit and the extent of the ..... in order that the house may be regarded as watan property it must satisfy the test laid down by the definition of the word 'watam property'' in section 4 of the act and that if the word 'held'' was construed in the way in which the learned judges of the division bench thought it should be, it would be difficult to accept the view that a house subsequently built ..... repay the amount due, the bank filed an application under section 19 of the recovery of debts due to banks and financial institutions act, 1993 (for short, 'the 1993 act') for recovery of rs. ..... in either case it does not operate as an actual conveyance though it is enforceable in equity; whereas under the transfer of property act a mortgage by deposit of title deeds is one of the modes of creating a legal mortgage whereunder there will be transfer of interest ..... right to recover the mortgage debt by sale of the limited right of the mortgagor in such bakasht lands....identity of interest in the mortgaged property and the accreted lands is not the foundation of the principle of accession. .....