Court : Andhra Pradesh
Reported in : 1994(1)ALT123
..... grants commission in the selection proceedings makes the constitution of the selection committee constituted for the purpose is invalid, consequently making the entire selections void, it is necessary to refer to section 34-a of the act which reads as follows:'34-a: constitution of selection committee:(1) there shall be constituted a selection committee in regard to the appointment of professors, readers and lecturers which shall consist of the following namely:-(1) the vice-chancellor ..... decision reasonably without being guided by extraneous or irrelevant consideration.when there is nothing to show that the selection was arbitrary or whimsical or the selection committee did not act fairly towards a particular candidate and on the contrary he was placed second in the panel, that by itself indicates that there was proper consideration of his case ..... objectively, is the essential foundation of any useful and efficient ..... therefore, that the selection committee was not duly constituted in compliance with section 34-a of the act which provides, in mandatory terms, that such committee shall be constituted so as to consist of ..... the learned judge held that in the present case, section 34-a of the andhra university act contemplates of selection committee consisting of vice chancellor, nominee of the university grants commission, three experts from outside the university to be nominated by the vice-chancellor, of whom, atleast ..... court by order dated 3-2-1993 directed impleadment of respondents 3 .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR2010AP35; 2010(1)ALT321
..... the said aspect of classification of the account as npa, therefore, assumes any amount of importance and is the first step that is necessary to be satisfied by the creditor bank for invoking the provisions of the sarfaesi act.it would, therefore, be open for the borrower to invoke the jurisdiction of this court seeking judicial review of such decision of a creditor declaring his account as npa, in view of the fact that such classification by itself leads to serious ..... the supreme court in mardia chemicals's case (2004) 4 scc 311 (supra) in relevant paragraphs 45 and 46 has laid down as follows:45...the purpose of serving a notice upon the borrower under sub-section (2) of section 13 of the act is, that a reply may be submitted by the borrower explaining the reasons as to why measures may or may not be taken under sub-section (4) of section 13 in case of noncompliance of notice within 60 days. ..... he submits that the said payments are made after the notice by the bank under section 13(2) of the sarfaesi act dated 14.06.2006 and thereby it cannot be said that the initial classification of the account as npa itself is not justified based on the subsequent payments in the year 2007. ..... the foundation of the writ petition and the basic contention of the petitioner, therefore, is that the declaration of the petitioner's account as npa is not justifiable and consequently the jurisdictional fact necessary for invocation of section 13 of the sarfaesi act is non-existent in this case. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2002(4)ALD256; 2002(3)ALT728
..... the preceding discussion would make it clear that neither the societyregistered under the provisions of the act nor the registrar nor the government exercising the power under section 131 of the act can direct any society to spend or waste its valuable financial resources and compel the societies to run its affairs only to provide employment or cater the needs of its employees.26. ..... the power of the society and even that of the registrar in this regard itself is restricted by section 116-c of the act to the effect that under no circumstances, the expenditure towards pay and allowances of the employees shall exceed 2% of the working capital or 30% of the gross profit in terms of actuals in a year whichever is less. ..... in our considered opinion, even the government in purported exercise of the power under section 131 of the act cannot issue any directions to individual societies interfering in its day-today management of the affairs of the society ..... at any rate, there is no foundation as such laid in the affidavit filed in support of the writ petition in order to make any further probeof allegations of mala fides made against the managements of the banks. ..... no.52i agriculture and co-operation (co-op.iii) department, dated 28.9.1993 issued by the 1st respondent-government whereunder the government changed the existing recruitment policy with regard to category-v posts in the co-operative central banks in the state by altering the ratio of recruitment from 9:1 to 5:4:1 in respect of all .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2001(6)ALD741; 2001(6)ALT233
..... decisions of the apex court therefore clearly lay down a distinction as to co-operative societies which are merely registered under co-operative societies act on the one hand and those cooperative societies although registered under the co-operative societies act are fully funded and controlled by the state and conditions of service of its employee are governed by the statutory rules. 23. ..... in the instant case, no foundational fact is pleaded and proved to show that the first respondent herein is a state within the meaning of article 12 of the ..... the petitioner has not pleaded that the act of removal is an outcome of the act of the statutory committee constituted thereunder.the order of dismissal passed against the writ petitioner shows that the same has been done in terms of rule 17(1)(e) of the service rules of ..... however, no common cadre regulations had been produced to show as to whether any qualifications, method of recruitment, conditions of service, pay and allowances, discipline and conduct of the officers specified in sub-section (2) of section 116-a of the act have been provided by reason of regulations framed by the registrar. 9. ..... common cadre has been constituted under the provisions of the act, the services of the concerned officials would be protected thereunder ..... managing director or a chairman of the federation would be the chief executive within the meaning of section 116-c of the act and rule 70-aa of the rules. 17. ..... 1071 of 1993, dated 21.4.1997 a contrary view has .....
Tag this Judgment!Court : Jharkhand
Reported in : 2008(56)BLJR2126; [2008(3)JCR698(Jhr)]; (2009)24VST233(Jharkh)
..... 2006 for the period, 1999-2000, the petitioner also challenged the vires of rule 13a of the bihar sales tax rules, 1983 as amended by notification dated 01.2.2000 and also section 21(1)(a)(1) of the bihar finance act, 1981 on the ground, inter alia, that such provisions are unworkable and ultra vires in view of the law laid down by the supreme court in the case of gannon dunkerley v. state of rajasthan 1988 ..... . however, after expiry of two years, the petitioner was surprisingly served with a notice purported to be under section 17(2) read with section 19(1) of the act whereby the petitioner was directed to appear before the deputy commissioner of commercial taxes with the entire record on the ground that the authority came to know that there has been less assessment ..... portion of the order of the supreme court is reproduced herein below:in our view the question of vires of provisions of the act or the rule cannot be gone into by the authority under the act and on this account the high court could not have dismissed the writ petition on the ground of alternate remedy. ..... . [1993] 88 stc 204 the supreme court observed that as sub-section (3) of section 5 and sub-rule (2) of rule 29 of the rajasthan sales tax act and the rules were not providing for particular deductions the same ..... . [1993] 88 stc 204 the supreme court observed that as sub-section (3) of section 5 and sub-rule (2) of rule 29 of the rajasthan sales tax act and the rules were not providing for particular deductions the same .....
Tag this Judgment!Court : Orissa
Reported in : AIR1994Ori77; 1994(I)OLR464
..... in both the appeals, the learned counsel for the insurer submitted that necessary application as warranted under sub-section (2) of section 157 of the motor act having not been made to the insurer for making necessary changes regarding transfer of the certificate of insurance and the policy described in the certificate in favour of the person to whom the motor vehicle is ..... is required to make assessment of loss of earning capacity, which is the foundation for working out entitlements of the claimant. ..... the rigours of the requirements prescribed in section 103-a of the old motor act have been done away with, the right to refuse conferred with the insurer has ..... is the effect of transferee's failure to comply with the requirement of sub-section (2) of section 157 is it intended to be an inoperative provision it is seen that no penal consequences are attached to sub-section (2), as is done in the case of failure to do certain acts as provided in subsection (1) of section 50 relating to transfer of ownership of the vehicle. ..... the commissioner referred to section 157(1) of the motor act in coming to a conclusion that the insurer was liable to indemnify the ..... essence this provision corresponds to section 103-a of the motor vehicles act, 1939 (in short, the 'old act'), the provisions in both the acts are intrinsically different. ..... that in view of the provisions contained in section 157(1) of the motor vehicles act, 1988 (in short, the 'motor act') no substantial question of law was involved. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (1993)IILLJ318P& H; (1993)103PLR349
..... workman filed a claim statement complaining therein that the management has failed to comply with the mandatory provisions of sections 25f, 25g and 25h of the act and, therefore, the termination was illegal and consequently, he was entitled to be reinstated with continuity of service and full back wages.3. ..... termination gave rise to an industrial dispute, which the state government in exercise of its powers conferred by sub-clause (c) of sub-section (1) of section 10 of the industrial disputes act, 1947 (for short 'the act'), referred for adjudication to the industrial tribunal-cum-labour court, rohtak (hereinafter to be referred as 'the tribunal'). ..... question thus, cannot be permitted to be raised for the first time, being a complicated one requiring evidence especially when no foundation has been laid to go into this matter. ..... regards the other issue, it was concluded that the provisions of section 25f of the act had not been complied with while terminating the services of the workman. ..... finding returned by the tribunal regarding non-compliance of section 25f of the act has not been challenged before me.11. ..... thus, no hesitation to hold that the petitioner-corporation is an industry within the meaning of section 2(j) of the industrial disputes act, 1947.10. ..... which are systematic and cannot be carried on without the co-operation of employees of the corporation and causes production and distribution of goods and services is an 'industry' within the meaning of industrial disputes act.'6. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 1996IIAD(SC)270; AIR1996SC1328; JT1996(2)SC569; (1996)IILLJ654SC; 1996(2)SCALE423; (1996)8SCC762; [1996]2SCR324; 1996(1)LC691(SC); (1996)1UPLBEC638
..... nisha, learned counsel, that due to the accelerated promotions, the line-up promotions have been scaled in quick succession from scale ii to scale iii and then to scale iv but, unfortunately, no factual foundation has been placed before us to find out as to when and under what circumstances such exercise came to be made and in what circumstances the accelerated promotions came to be given. ..... the preamble of the state bank of india, act 23 of 1955 (for short, the 'act') envisages establishment of the state bank of india (for short, the 'bank') for extending banking facility on a large scale more particularly in the rural/semi urban area and for diverse other public purposes. ..... these appeals by special leave arise from the orders of the division bench of the madhya pradesh high court made on august 27, 1993 in misc. ..... section 43(1) of the act gives power to the bank to appoint such number of officers, advisers or employees as it considers necessary or desirable for the efficient performance of its functions and to determine the terms and conditions of their appointment and service. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 1996IIIAD(SC)497; AIR1996SC1509; 1996(55)ECC51; 1996(83)ELT486(SC); JT1996(3)SC597; 1996(3)SCALE103; (1996)4SCC69; [1996]3SCR894; 1996(2)LC409(SC)
..... the appellant has had an opportunity of making a representation, and, if he so desires, of being heard in his defence.in view of the aforesaid section any person aggrieved by any decision or order made under the said act may prefer an appeal before the authority prescribed there in and within the time fixed. ..... :(1) any person aggrieved by any decision or order made under this act may prefer an appeal, -(a) where the decision or order has been made by the chief controller or additional chief controller, to the central government;(b) where the decision or order has been made by ..... : air1992sc2279 under delhi municipal corporation act, 1957, in that act, pre-deposit is a must before an ..... by a communication dated 18.2.1993 issued on behalf of the appellate authority, the respondent was directed to deposit 25% of the penalty amount or bank guarantee for ..... was issued to the respondent under section 4-m of the said act on basis of the report of investigation. ..... the framers of the act require such appellate authority to exercise its discretion in a reasonable and rational manner taking into consideration the relevant facts and circumstances of a particular appeal while considering the question as to whether the deposit ..... of delhi high court holding that an oral hearing had to be given to the respondent by the appellate authority before taking a decision under third proviso to sub-section (1) of section 4-m of the imports and exports (control) act, 1947 (hereinafter referred to as the 'act'). .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1996SC1819; JT1996(4)SC446; 1996(3)SCALE721; (1996)4SCC178; [1996]Supp1SCR148
..... be set up whenever it is sought to be enforced or is acted upon as a foundation for a right even at the stage of execution or in collateral ..... 2scc71 a three-judge bench of this court had considered the scope of power to award additional benefits under section 23(2) 28 and 23(1-a) of the central la act and of the jurisdiction of the court to decide as to when they are to be awarded; on what items interest and solatium is claimable and upto ..... case though nullity of a decree on the basis of a compromise for eviction of a tenant governed by the provisions of the rent act was pressed for acceptance, this court held that the party cannot be permitted to lead fresh evidence as to the existence of that ground ..... a contention was raised that though the parties had entered into an agreement under section 11(2) of the central la act, they are entitled to the additional benefits under sections 23(2) 28 and 23(1-a) since those components are part of the ..... settled law by catena of decisions of this court that determination of the compensation under section 23(1) of the central la act is towards market value of the land prevailing as on the date of the publication of the section 4(1) notification in ..... the admitted facts are that under section 52 of the rajasthan urban improvement act, 1959 (for short, the 'act') the land of gokul narain, the first respondent, along with other lands for construction of over-bridge was acquired and possession thereof was ..... 553 of 1993 by a learned single judge of the .....
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