Court : Allahabad
Reported in : 2002(4)AWC2823; I(2003)BC296; [2004]54SCL249(All); (2002)3UPLBEC2782
..... down as a principle of universal application that even though the proceedings initiated for recovery of the loan as arrears of land revenue are without jurisdiction as , the loan does not fall within the purview of the act, yet the court would shut its eyes and decline to exercise jurisdiction under article 226 of the constitution only on the ground that the borrower owes money to the bank. ..... the proceedings for recovery of such loan could be taken only in accordance with the provisions of the recovery of debts due to banks and financial institutions act, 1993, and it was not open to the u. p. ..... the discussion made above, we are clearly of the opinion that a banking company can recover its dues by taking recourse to section 3 of the act only where the loan or advance or grant or credit has been given by it to a borrower under a state sponsored scheme and not otherwise. ..... regard, it is noteworthy that the petitioners have not laid proper factual foundation in the writ petition for consideration of plea of limitation. ..... proceed against the petitioners either under the provisions of sections 29, 31 and 32g of the state financial corporations act, 1951, or under the provisions of recovery of debts due to the banks and financial institutions act, 1993. ..... in the absence of proper factual foundation, this plea raised on behalf of the petitioners cannot ..... in the absence of relevant factual foundation and relevant documents, it is not possible to consider the plea of limitation raised on behalf of .....
Tag this Judgment!Court : Allahabad
Reported in : 2005(1)ESC354
..... and that this court set aside the entire selections on 21.3.2002 on the ground that the course was not recognised by the national council of teachers' education established under the national council of teachers' education act, 1993, and was not the qualification provided under the u.p. ..... he further submits that section 17(1) of national council of teachers' education act, 1993, provides for consequences of violation of terms and conditions of the course and that the court must direct exclusion of teaching qualifications other than ..... to him section 12(e) of the national council of teachers' education act, 1993 authorises the council to lay down the conditions of eligibility. ..... section 12 of the national council of teachers' education act, 1993 provides for the functions of the national council of teachers' ..... 16 of the national council of teachers' education act, 1993 provides for recognition of new course and training. ..... he has relied upon the persons with disabilities (equal opportunities, protection of right and full participation) act, 1995, which enables the state government to give three per cent reservation to physically handicapped candidates ..... grants commission and national council of teachers' education, the award of high percentage of marks in practical examinations of teaching qualifications by some of the institutions cannot be a ground to challenge the selections, until and unless any factual foundation has laid down. ..... all the writ petitions lack foundations of fact. .....
Tag this Judgment!Court : Gujarat
Reported in : (2006)2GLR1069
..... in that view of matter, i find no reason to interfere in these petitions and they deserve to be dismissed.5.6 the course in question being of teachers training, the same requires serious consideration inasmuch as if the foundation of the students who pass out as teachers are weak, it will affect the educational system of the next generation. ..... section 14 of the national council for teacher education act, 1993 provides for the grant of recognition to an institution.2.1 as per the provisions of the said section, the petitioners submitted their applications to the respondent university for the grant of affiliation, no objection certificate from the state government ..... the completion of a course in lesser time than the time prescribed, may affect the foundation of the students pursuing the said course. ..... the state government and further to quash and set aside the report / decision of the university dated 14.09.2005.2.0 the petitioners are public charitable trusts registered under the provisions of the bombay public trusts act, 1950. .....
Tag this Judgment!Court : Allahabad
Reported in : 2005(1)ESC481; (2005)1UPLBEC554
..... reservation under this clause shall not apply to the category of other backward classes of citizens specified in schedule-ii to the uttar pradesh public services (reservation for scheduled castes, scheduled tribes and other backward classes) act, 1994--(b) admission to medical and engineering colleges and ,to courses of instruction for degrees in education and ayurvedic or unani systems of medicine (including the number of students to be admitted), shall subject to clause ..... the provisions of the regulations framed by the national council for teachers education regulating admissions of the students to b.ed, course referred to above and the provisions of section 28 (5) (b) of the state universities act it is established that power to determine the number of students to be admitted and the manner of admission of such students is to be regulated by such orders/decisions as the state government may make ..... and 15 read with section 32 of the act 73 of 1993 the national council for teachers education has framed norms and standards for carrying out the purposes of the act known as teachers education institution regulations (secondary), ..... pai foundation case, we are of the view that the suggestion on behalf of the colleges that the management quota sets shall be allowed to be filled on the basis of marks obtained ..... pai foundation of karnataka, 2002 (8) scc 481: (2002) 3 uplbec 2817 (sc), and farther the said order of 1987 and amendments made thereafter do not in any way contemplate or provide .....
Tag this Judgment!Court : Gujarat
Reported in : (2003)3GLR2054
..... down-trodden community and to deny the benefit to this community is nothing but the violation of the fundamental rights conferred under the constitution of india, and since the procedure prescribed under the act has not been followed by the respondent-authorities, the said action is also in violation of the principles of natural justice, and hence, the action of the respondent-authorities excluding the ..... it is pertinent to note here that the parliament had enacted the national council for teacher education act, 1993, to provide for the establishment of a national council for teacher education with a view to achieving planned and co-ordinated development of the teacher education system throughout the country, the regulation ..... persons likely to be affected thereby till 31-5-1984 and after considering the said objections and suggestions on the draft rules, the government, while exercising powers under section 13(1) of the act, had made the said rules, the said rules were amended subsequently from time to time, by notifications dated 12-7-1985, 10-12-1986, 8-12-1988, 28-8-1990, 28-12-1990, 2-9-1991, 12-8-1994, 28-10-1994 and ..... the recourse to section 13 of the state law is not permissible, and hence, the very foundation of the arguments canvassed by the petitioner is erroneous and cannot be tenable at law. ..... their respective parties, on the other hand, in rejoinder, have submitted that the respondent-authorities have made out altogether a new case for which there was no foundation at all. .....
Tag this Judgment!Court : Karnataka
Reported in : [1998]92CompCas782(Kar); ILR1998KAR1151; 1998(6)KarLJ57
..... facility to a specified limit to a borrower governed by a single set of loan documents (which may include a bill discounting agreement, an on-demand promissory note for the bill discounting limit and a guarantee) the acts or transactions of discounting several bills under the said facility and the claim for the amount due on dishonour of several of such discounted bills will form a 'single cause of action', as they relate to a ..... even though each transaction in the account furnished a proximate cause, the real cause or the foundation is the agreement between the parties under which the bank agrees to lend or extend a certain ..... causes of action) are secured by two or more mortgages of the same property, section 67a of the transfer of property act compels the mortgagee to sue on all the mortgages in respect of which the mortgage money has become due, by bringing a ..... tribunal against the first and second petitioners herein (borrower and guarantor respectively) under section 19 of the recovery of debts due to banks and financial institutions act, 1993 ('act' for short). ..... the application is thus for enforcement of the mortgage.6(2) reliance is placed by the bank on section 67a of the transfer of property act, 1882, which mandates the mortgagee to bring a single suit on several mortgages to contend that a single application could be filed, if the amounts advanced under two different accounts are ..... the infringement of the right and is thus the cause which is the foundation of the suit. .....
Tag this Judgment!Court : Karnataka
Reported in : ILR2009KAR3656
..... category or no two women to hold the post of adyaksha and upadyaksha at the same time as envisaged by the rules of 2005; ande) substantial compliance without repetition.8. elaborating on the submission, learned advocate general contends that on the act coming into force in the year 1995, the reservation was 4 sc, 1 st, 6 bca, 1 bcb and 8 unreserved and the rotation of sc & st to the offices of the zilla panchayat were based on census of ..... to the tables annexure-r1 & r2 relating to rotation of reservation to the adhyaksha and upadhyaksha of the zilla panchayats, from the very first election, on the coming into force of the act, contends that the reservation is rotated ensuring least possible repetitions, while in respect of the previous term, that is the 8th term, and the present 9th term, there is no ..... annexures - r1 & r2 indicating rotation by way of reservation to the office of adyaksha and upadyaksha respectively for scheduled tribe, from the commencement of the act and rules of 1995 disclose that, there has been no repetition in any of the zilla panchayath, since reservation is two in number of which ..... providing reservation by way of rotation to the posts of adhyaksha and upadhyaksha in the 29 zilla panchayaths, under the karnataka panchayath raj act, 1993, for short 'act', have preferred these petitions.3. ..... the fact that census of backward classes, is unavailable and hence there is neither criteria, or foundation for rotating the reservations to the chairpersons, for the said class .....
Tag this Judgment!Court : Delhi
Reported in : 2003IVAD(Delhi)477; 106(2003)DLT235; 2003(71)DRJ747
..... and traninnginterviews of candidates for admission to ete course(session 2002-2004) guidelines distinguished members i welcome you all at the diet moti bagh new delhi & express my sincere gratitude to you for accepting our request to act a chairmen/members of interview board, i am sure that with the help of your expertise scert will be able to complete the process of selecting trainees for 8 ntts teacher training institutes. ..... ncte came into existence as a consequence of the passing of the national council for teacher education act, 1993 (act 73 of 1993). ..... i also find no foundation for the extraordinary argument that the interview board shall only scrutinise the candidates eligibility documents. ..... . pai foundation & others v ..... , ncte, to make regulations not inconsistent with the provisions of the act, inter alia, section 12(e), which contemplates and enjoins the council to 'lay down norms for any specified category of courses or training in teacher education, including the minimum eligibility criteria for admission thereof, and the ..... . the burden of proving that it has acted in a fair and non-arbitrary manner will lie on the authorities concerned .....
Tag this Judgment!Court : Mumbai
Reported in : 2009(111)BomLR4251
..... the amenity on the surrendered land at his cost, as the final development control regulations prepared in this behalf provide, or(c) by making an application to the state government for acquiring such land under the land acquisition act, 1894, and the land together with the amenity, if any, so developed or constructed so acquired by agreement or by grant of floor space index or additional floor space index or transferable development rights under ..... to the lessor, an amount equivalent to the value of the lessor's interest to be determined by any of the said authorities concerned on the basis of the principles laid down in the land acquisition act, 1894 floor space index (fsi) or transferable development rights (tdr) against the area of land surrendered free of cost and free from all encumbrances, and also further additional floor space index or transferable ..... been held by us, the vesting of the suit plot in favour of the municipal corporation, purportedly on the basis of the arbitrator's award, does not arise and, therefore, the basic foundation of the impugned notice of possession dated 2/12/1997 and the alleged paper possession of 13/5/1999 stands demolished.18. ..... (3), if a declaration is not made within the period referred to in sub-section (2) or having been made, the aforesaid period expired at the commencement of the maharashtra regional town planning (amendment) act, 1993, (mah. ..... the foundation of these contentions is based on two factors, namely, (a) the arbitrator has .....
Tag this Judgment!Court : Karnataka
Reported in : ILR2008KAR2282; 2008(5)KarLJ392; 2008(2)KCCRSN118; 2008(3)AIRKarR409
..... , by ensuring good health of lactating mothers, providing food not only to the child, but also to pregnant women and nursing mothers during the tender year's of child, to lay a strong foundation for the healthy development of the body and the mind of the child, providing proper social conditions and atmosphere for the informed development of the personality of the child, and to take all incidental ..... particularly for the issue of various notifications to constitute and reconstitute the selection committees was on the face of it totally at variance with the central government scheme and the state government being required to act merely as an agent of the central government to implement the scheme and there being a large number of applicants complaining before this court indicating that the functioning of the selection committees which are also ..... also challenged on the ground that it is clearly contrary to the central government's scheme for implementation of the icds programme; that the state government which has no role to play in this programme, but only acts as an agent [of the central government] for implementation of the programme, has assumed to itself such powers which are not within the contemplation of the scheme for issue of such notification and it is therefore ..... state of karnataka also fell in line with this constitutional provisions by enacting the karnataka panchayat raj act, 1993 [for short, the act] and in terms of section 318 of the act, repealed the earlier act i.e. .....
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