Court : Chennai Madurai
..... may withhold permanently or for any specified period the whole or part of any grant referred to in sub-section (1) in respect of any private school,- (i) which does not comply with any of the provisions of this act or any rules made or directions issued thereunder in so far as such provisions, rules or directions are applicable to such private school, or (ii) in respect of which the pay and allowance payable to any teacher or other ..... learned special government pleader also made submissions relating to the ban on recruitment as imposed in g.o.ms.no.212, dated 29.11.2001 and subsequent lifting of ban in g.o.ms.no.14, dated 07.02.2006 and submitted that various judgments of this court approving of the appointments made during that ban ..... the powers conferred under the act, framed the tamil nadu recognized private schools (regulation) rules, 1974 (hereinafter referred to as the ..... . state of karnataka, (2002) 8 scc 481, relied on by the learned special government pleader, has no application to these cases, particularly, since that case relates to the higher education and we are ..... . state of karnataka, (2002) 8 ..... of karnataka, ..... . state of karnataka, (1992) ..... . state of karnataka, (1992) 3 ..... . state of karnataka, (1992) 3 scc 666, the apex court held that article 21 has been interpreted by the apex court to include the right to live with human ..... state of karnataka, (2002) 8 scc 481, more particularly, paragraphs 50, 140 and 141 therein and also a division bench judgment of this ..... of karnataka v. .....
Tag this Judgment!Court : Chennai Madurai
..... is entitled to refuse to enter into relationship with any one, yet if it does so, it cannot arbitrarily choose any person it likes for entering into such relationship and discriminate between persons similarly circumstanced, but it must act in conformity with some standard or principle which meets the test of reasonableness and non-discrimination and any departure from such standard or principle would be invalid unless it can be supported or justified on some rational and ..... the petitioner company, during the last 150 years of its business had constructed monumental structures such as vidhan soudha in karnataka, hotel taj mahal in mumbai, palace of king of oman, ghana's parliament building, international cricket stadium at guyana, ..... . learned senior counsel for the petitioner would further submit that the respondents ought to have lifted the corporate veil and seen that the petitioner is a holding company having almost all the share holding of the subsidiary company and ought to have accepted the experience of the subsidiary company as ..... . whenever felt necessary, the state or the board have themselves lifted the corporate veil and have treated renusagar and hindalco as one concern and the generation in renusagar as the own source of ..... . renusagar power co.14, (1988) 4 scc 59, this court lifted the veil to hold that hindalco, the holding company, and ..... 66) "it is high time to reiterate that in the expanding of horizon of modem jurisprudence, lifting of corporate veil is permissible .....
Tag this Judgment!Court : Chennai Madurai
..... ; records as defined by 'rehabilitation of offenders act 1974'_/._/includes only records that have not 'stepped down' under the 'acpo guidelines for nominal records held on the police national computer'._/.security protected certificate paper._/_/photograph of the applicant._/_/ ..... was committed, or where an offence is committed partly in one local area and partly in another, or where an offence is continuing one, and continues to be committed in more local areas than one, or where it consists of several acts done in different local areas, it may be inquired into or tried by a court having jurisdiction over any of such local areas. ..... convinced with the assurance given, the victim boy was voluntarily sent by his mother with the petitioner; the alleged sexual acts were said to have been committed at delhi and therefore, the trial court in tamilnadu has got no territorial jurisdiction. ..... , as per section 2(d) of the protection of children from sexual offences act, 2012 and the incidence of child abuse is dangerously increasing from year to year, becoming a very big menace, this court attempts to go into the details of abuse, the reasons ..... section 364-a was introduced in ipc by the criminal amendment act (42 of 1993) which came into effect from 22-5-1993 because of the increasing number of cases where the victim is abducted and a demand for money is raised with a threat perception or danger to the life ..... several such cases are surfacing from goa, kerala, tamilnadu, orisa and karnataka. .....
Tag this Judgment!Court : Chennai Madurai
..... the executive power of the state government under article 162 of the constitution extends to all matters with respect to which the state legislature has power to make laws and accordingly the state government can act in exercise of executive power in relation to any matter with respect to which the state legislature has power to make laws, even if there is no legislation to support such executive action, but such executive section must not ..... further said in that decision that even assuming that it was open to the government to relax the rule, such power could only be exercised for promoting the objects of the act and not to condemn the wilful and deliberate flouting of the statutory rules. ..... support of his contentions, learned senior counsel appearing for the appellant relied on a judgment of the supreme court reported in 2007 (7) scc 689 (commissioner, karnataka housing board vs. ..... power to grant relaxation to anyone who seeks such relaxation from any of the requirements of the rules and even if the government has such power, it could only be for promoting the objects of the act and not to flout the already existing rules. ..... manu/sc/0066/1974 : [1974] 3 scr 624 ; dr.ram ji dwivedi ..... state of gujarat - air 1974 sc 1479-1480, is sufficient to sustain the above ..... this regard, a reference could be placed to the following decisions: (a) air 1974 sc 1471 (nawabkhan vs. ..... state of orissa 1974 (1) slr 171; amerjeet ..... state of kerala 1974 klt 215; d.p. ..... and others); (b) air 1974 sc 1471 (nawabkhan vs .....
Tag this Judgment!Court : Chennai Madurai
..... the learned counsel for the petitioner would submit that the school is governed by the tamil nadu recognized private schools (regulation) act, 1973 and the rules 1974 framed thereunder. ..... the ban was lifted vide g.o.14 dated 07.02.2006 enabling the fulfillment of non-teaching staff. ..... unless the state government suitably amends the provisions of the act and the rules making it mandatory to obtain prior permission for filling up of those sanctioned non-teaching posts, the government could not issue government orders. 6.1. ..... since there is no such provision in the act and the rules to seek prior permission, the 4th respondent could not rely on the government orders/government letters imposing condition seeking permission of the state government or the director or any authority to fill up the ..... approving of the same for the purpose of grant and therefore, the impugned order refusing to approve of the non-teaching post for the purpose of grant, is issued in gross violation of the provisions of sections 19 and 20 of the act read with rule 15 of the rules. 6.2. .....
Tag this Judgment!Court : Chennai Madurai
..... the position that is being followed for the last 37 years, that is non-applicability of certain provisions of the said act and the rules, 1974 to the writ petitioners in slp (civil) nos.1521-56 and 3042-91 of 1979 by virtue of the order of the hon'ble court, dated 17.12.1975, shall be retained for the ..... constitution of india to issue a writ of mandamus directing the respondents to take up suitable steps to implementation of sections 8(1)(a), 11(1)(b), 12(1), 14 to 18, 21 (2), 22 to 26, 31 to 33, 39(4) and 41 to 45 of the t.n.act 29/74 and rules 7, 9 except clauses (e) and (k) of sub rule (2) rules 10 to 14, 16 to 18 and 22 to 24 and framed under the act and also for speedy steps for the implementation of the regulation framed in the act governing service conditions of the teaching and non-teaching staff of minority schools for whom aid is provided by the state and ..... representing the respondents, mr.v.r.shanmuganathan, learned special government pleader, submitted that in order to study, and to offer an opinion, on the framing of a comprehensive act, and rules, thereunder, applicable to all the private schools, a committee has been constituted, vide g.o.no.191, school education department, dated 23.11.2015 and that the said committee has ..... state of karnataka, reported in (2002) 8 scc 481, submissions have been made by the petitioner that the rules, being subordinate legislation, cannot override the statute, and that by the impugned g.o.no.2080, education (d3) department, dated .....
Tag this Judgment!Court : Chennai Madurai
..... would lead to the court to take into consideration of the same for the purpose of considering its jurisdiction especially when the powers of eviction or impliedly ousted under the rent control act, thereby barring the civil court under section 9 of the said code, from trying the suit for eviction? ..... counsel for the respondents, relied upon another judgment of the karnataka high court in the case of smt.rachavva and another ..... another reported in air 1981 karnataka 76 for the proposition that a tenant disputing a title of landlord by setting up a plea of adverse possession, cannot fall back upon the tenancy in view of section 111 of the transfer of property act. ..... the maintainability of the suit for recovery of possession by stating that the suit property being a building, comes under the purview of the tamil nadu building (lease and rent control) act, 18 of 1960, only a petition for eviction can be filed under the rent control ..... of grounds: (a) whether a suit for declaration of title and possession is maintainable against a tenant, in respect to a property, falling within the protection under the tamil nadu buildings (lease and rent) control act 18 of 1960, even without approaching the rent controller for eviction? ..... air 1974 himachal pradesh 22, dealing with section 111 of the transfer of property act. ..... ) dated 18th july, 1974 read with the release deed of the same date to prove either an express or an implied surrender of the lease by the defendant in favour of the plaintiff on execution .....
Tag this Judgment!Court : Chennai Madurai
..... the learned counsel for the petitioner would submit that the school is governed by the tamil nadu recognized private schools (regulation) act, 1973 and the rules 1974 framed thereunder. ..... the ban was lifted vide g.o.14 dated 07.02.2006 enabling the fulfillment of non-teaching staff. ..... unless the state government suitably amends the provisions of the act and the rules making it mandatory to obtain prior permission for filling up of those sanctioned non-teaching posts, the government could not issue government orders. 6.1. ..... since there is no such provision in the act and the rules to seek prior permission, the 4th respondent could not rely on the government orders/government letters imposing condition seeking permission of the state government or the director or any authority to fill up the ..... approving of the same for the purpose of grant and therefore, the impugned order refusing to approve of the non-teaching post for the purpose of grant, is issued in gross violation of the provisions of sections 19 and 20 of the act read with rule 15 of the rules. 6.2. .....
Tag this Judgment!Court : Chennai Madurai
..... the learned counsel for the petitioner would submit that the school is governed by the tamil nadu recognized private schools (regulation) act, 1973 and the rules 1974 framed thereunder. ..... the ban was lifted vide g.o.14 dated 07.02.2006 enabling the fulfilment of non-teaching staff. ..... unless the state government suitably amends the provisions of the act and the rules making it mandatory to obtain prior permission for filling up of those sanctioned non- teaching posts, the government could not issue impugned government orders. 6.1. ..... since there is no such provision in the act and the rules to seek prior permission, the 4th respondent could not rely on the impugned government orders/government letters imposing condition seeking permission of the state government or the director or any authority to fill up ..... of grant and therefore, the impugned government orders and the consequential proceedings refusing to approve of the non-teaching posts for the purpose of grant are issued in gross violation of the provisions of sections 19 and 20 of the act read with rule 15 of the rules. 6.2. .....
Tag this Judgment!Court : Chennai Madurai
..... the learned counsel for the petitioner would submit that the school is governed by the tamil nadu recognized private schools (regulation) act, 1973 and the rules 1974 framed thereunder. ..... the ban was lifted vide g.o.14 dated 07.02.2006 enabling the fulfillment of non-teaching staff. ..... unless the state government suitably amends the provisions of the act and the rules making it mandatory to obtain prior permission for filling up of those sanctioned non-teaching posts, the government could not issue government orders. 6.1. ..... since there is no such provision in the act and the rules to seek prior permission, the 4th respondent could not rely on the government orders/government letters imposing condition seeking permission of the state government or the director or any authority to fill up the ..... approving of the same for the purpose of grant and therefore, the impugned order refusing to approve of the non-teaching post for the purpose of grant, is issued in gross violation of the provisions of sections 19 and 20 of the act read with rule 15 of the rules. 6.2. .....
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