Judgment Search Results Home > Cases Phrase: karnataka lifts act 1974 Court: delhi Page 6 of about 1,325 results (0.039 seconds)

CBSE Vs. Mount Carmel School Society and Others

Court : Delhi

..... to choose a principal is part of the right of minorities under article 30(1) to establish and administer educational institutions of their choice and if so, section 57(3) of kerala university act, 1974 would violate article 30(1) of the constitution of india, the principles of law laid down in all bihar christians school association (supra), st. ..... the contention of the appellant herein/cbse is that in view of the declaration in frank anthony public school (supra), the provisions of chapter iv(except section 8(2)) of the dse act as well as chapter viii of dse rules are applicable to unaided minority institutions also and consequently, the first respondent school is bound by the age of retirement prescribed under ..... court that the provisions of chapter iv, except section 8(2), do not encroach upon any rights of minorities to administer their educational institutions and thus it was concluded that sections 8(1), 8(3), 8(4), 8(5), 9, 10 and 11 of dse act do not encroach upon any right of minorities to administer their educational institutions and therefore they are applicable to unaided minority institutions. 28. ..... the above noted cases can be made applicable to the present case in view of the law declared by the supreme court in frank anthony public school (supra) that section 12 of dse act which makes the provisions of chapter iv inapplicable to unaided minority institutions is discriminatory and void, except to the extent of section 8(2). 26. ..... state of karnataka (2002) 8 scc 481 and .....

Kuldip Singh Vs. Union of India and ors.

Court : Delhi

Reported in : ILR1987Delhi327

..... when the secretary of government was authorised under standing order of the chief minister to deal with and dispose of the case and it was in exercise of the authority thus conferred that he acting for the state government made the order of detention against the detenu under section 3(1), it was the state government which made the order of detention and not the secretary of government in his ..... the secretary to government in his individual capacity as an officer of the state government but it was made by him as representing the state government it was the state government which made the order of detention acting through the instrumentality of the secretary to government who was authorised so to act for and on behalf of and in the name of the state government under the rules of business. ..... as under : '19(1)orders and instruments made and executed in the name of the governor of karnataka, shall be authenticated by the signature of a secretary, an additional secretary, a special secretary, a joint secretary, a deputy secretary, an under secretary, or by such other officer as may be specially empowered in that behalf by the governor in the manner specified below, and such signature shall be deemed to be the proper authentication of such order or instrument :- by order and in the name of the governor of karnataka. ..... rule 14 of the karnataka state (transactions of business) rules, 1977 lays down that the minister in-charge shall be primarily responsible for the disposal of the business .....

Mount Carmel School Society and anr. Vs the Govt. of Nct of Delhi and ...

Court : Delhi

..... , section 57(3) of the kerala university act, 1974 applied to minority institutions as well, and in accordance with the provisions of the act, the senior most among the eligible and fit lecturers, had to be appointed as the principal.31 ..... was delivered, there was no occasion for the supreme court to consider the position with respect to the key post of the principal in an unaided minority school and whether the provisions of chapter iv of the dse act would continue to apply to such post and consequently whether chapter viii of the dse rules would apply. ..... insist that the retirement age of the principal of an unaided minority school can be no different from that of a principal of a government school or a private unaided or aided school recognised as such by the gnctd in terms of the delhi school education act, 1974 (`dse act)? ..... the result of our discussion is that section 12 of the delhi school education act which makes the provisions of chapter iv inapplicable to unaided minority institutions is discriminatory and void except to the extent that it makes section 8(2) inapplicable to unaided minority ..... 1 replied on 7th july 2006 stating that chapter iv of the dse act was not applicable to unaided minority schools like that of the petitioner no. ..... state of karnataka (2002) 8 scc 481, the eleven-judge bench of the supreme court considered inter alia the position of aided minority institutions and held "the conditions of aid that do not involve a surrender of the substantial right of .....

Ksl and Industries Ltd and Another Vs. National Textiles Corporation L ...

Court : Delhi

..... the company that apart from the fact that the company is wholly a government-owned company, it discharges the functions of the government and acts as an agent of the government even when it gives guarantees and it has a responsibility to discharge such functions in the national interest ..... the relevant government authorities in the matter specified in article 1.2 above, to its full satisfaction, incorporate a special purpose vehicle under the provisions of the companies act, 1956, as its wholly owned subsidiary, which will act as the joint venture company inter se between ntc and the strategic partner (hereinafter referred to as jvc). ..... therefore, if by the impugned repudiation of the claim of the appellants the first respondent as an instrumentality of the state has acted in contravention of the abovesaid requirement of article 14, then we have no hesitation in holding that a writ court can issue suitable directions ..... this, however, is subject to an exception, as provided in section 42 that where a contract comprises an affirmative agreement to do a certain act, coupled with a negative agreement, express or implied, not to do a certain act, the circumstances that the court is unable to compel specific performance of the affirmative agreement shall not preclude it from granting an injunction to perform the negative agreement. x ..... under the mandate of the group of ministers, in view of section 11a of the sick textile undertaking (nationalization) act, 1974. ..... and; karnataka state forest .....

M/S. Drg Grate Udhyog Vs. State of M.P. Through Its Principal Secretar ...

Court : National Green Tribunal Principal Bench New Delhi

..... it has also been held by the court that in the case of a social benefit oriented legislation like the consumer protection act, the provisions of the act have to be considered as broadly as possible in favour of the consumer in order to achieve the purpose of the enactment but without doing violence to ..... provisions of section 17 of the air act state the functions, which the state boards are expected to perform, subject to the provisions of the air act and without prejudice to the performance of its functions, if any, under the water (prevention and control of pollution) act, 1974. ..... to put it precisely, the primary and the sole object of the legislature in constituting such boards under the provisions of the air act was, firstly, to put a check on air pollution and secondly, to ensure the preservation of the quality of air and providing the same to the citizens of ..... were further stated in this very book as under: liberal construction was recently adopted in interpreting section 123 (c) of the railways act 1989 which defines untoward accident to include accidental falling of a passenger from a train carrying passengers. ..... the restriction imposed in relation to adherence to prescribed parameters of emissions under the air act thus is a restriction made by law, as the supreme court held in the case ..... control board and karnataka pollution control board ..... the karnataka state pollution control board, while placing such restrictions, has used the word school/educational institution along with .....

Archana Chugh and Another Vs. Ramjas School and Others

Court : Delhi

..... the delhi school education rules, 1973 deals with recruitment and terms and conditions of service of employees of the privates schools other than unaided minority schools and as per section 2(h) of the delhi school education act, 1973, the definition of employees means a teacher and includes every other employee working in a recognized school and as per section 2(k), head of school means the principal academic officer by whatever name called of a ..... their lordships have held that since section 57(3) of the kerala university act, 1974 provides that the post of principal, when filled by promotion, shall be made on the basis of seniority-cum-fitness, it trammels the right of the management to take note of merit of the candidate, or the outlook and ..... words, it is his submission that the legislature itself intended that the post of principal to be a selection post and the act does not grant any power to the director to issue directions for procedure of appointment of a principal in a private unaided ..... before i deal with the issue, insofar as the submission of mr.rakesh tiku that the act does not provide any power to the director to issue directions for procedure of appointment of a principal in a private unaided school on a reading of provisions of the act and rules is concerned, suffice to state that the present petition has been filed by the petitioners who are the teachers in respondent no.1 school seeking implementation of the notification by which rule for ..... of karnataka and .....

Raj Kumar Mahajan Vs. U.O.i. and Others

Court : Delhi

Reported in : 1993CriLJ287; 1992(23)DRJ497; 1993(41)ECC267

..... the detaining authority was really and genuinely satisfied after proper application of mind, on the basis of material before it that it was necessary to detain him from acting in a prejudicial manner, then it would have acted with great promptitude in securing the arrest of the petitioner and the petitioner would not have been allowed to remain at large for as much as five months. ..... of the conservation of foreign exchange and prevention of smuggling activities act, 1974 (hereinafter called as the 'cofeposa act') served on him on 5th september, 1991. ..... state of karnataka reported in 1992 (1) crimes 996 where the supreme court was dealing with a case under the cofeposa act and the order of detention in that case was challenged on account of the delay of more than 5 months in executing the ..... it is stated therein that with a view to preventing the petitioner from acting in any manner prejudicial to the augmentation of foreign exchange, it was also ordered that the petitioner be detained and kept in custody in the central jail, tihar, new ..... state of karnataka (supra), are on all fours applicable to the facts of this ..... conduct of the authorities referred to above shows that there was no real or genuine apprehension that the petitioner was likely to act in any manner prejudicial to the public order. ..... 40 of the foreign exchange regulation act, 1973 to appear for 5th december, ..... 7 of the cofeposa act shows the negligence and slip shod manner in which liberty of the person have been treated by the .....

Thanesar Singh Sodhi Son of Shri Jagat Singh Sodhi Vs. Union of India ...

Court : Delhi

..... taken by the bombay and the delhi high courts that these procedural safe-guards are not available to a person detained under the conservation of foreign exchange and prevention of smuggling activities act is clearly wrong.the remarks of the supreme court are that this court was not correct in holding that procedural safeguards are not available to a person detained under cofeposa and merely because ..... court considered this argument in the constitutional background with reference to various judgments of the supreme court and opined that subjective satisfaction required under section 3(1) of the act does not act as a barrier to an object seeking of the some ground under article 22(5) even though certain matters may have been withheld in the communication made to the detenu ..... there is no express provision in section 8(b) of the conservation of foreign exchange and prevention of smuggling activities act placing an obligation to forward the representation made by the detenu along with the reference to the advisory board, unlike those contained in section 9 of the preventive detention act, 1950 and section 10 of the maintenance of internal security act, 1971 there is no obligation cast on the government to consider the representation made by the detenu before forwarding ..... section 3(1) of cofeposa was made against ram lal narang on december 19, 1974, he challenged the same before the delhi high court in writ petition ..... the judgment of supreme court in the case of state of karnataka and anr. v. .....

Sreeranganathan K.P., Sreepadam Vadakkkekkottaram (H) and Others Vs. t ...

Court : National Green Tribunal Principal Bench New Delhi

..... appellants have raised substantial question relating to environment and the issues involved remain to be decided by the tribunal and the said questions arise out of the implementation of the enactments specified in schedule i to the act and it will be futile to contend that the challenges are made by appellants with respect to other state laws mentioned above and hence, the contention putforth by the respondent/state of kerala that the appeals are ..... is no paddy cultivation and the paddy land is left fallow and uncultivated does not mean that the land goes out of the definition of the paddy land under the kerala conservation of paddy and wetland act and also looses the character of natural paddy land except that there is no cultivation of paddy, a paddy land even if left uncultivated for 10 years, serves all other ecological purposes including serving the upkeep ..... the state government contending that the reclamations have already been made prior to 2008 and therefore, there is no illegality in the reclamation done by the 19th respondent since it was prior to the promulgation of the act, 2008 cannot be accepted since the land utilization order was in force and it was by this order several actions have already been initiated against the 19th respondent by the officials of the government against the ..... water (prevention and control of pollution) act, 1974 2. ..... have not seen that the honble supreme court of india has held in the matter of karnataka industrial areas development board vs. .....

M/S. Lithoferro a Partnership Firm Represented by Its Partners and Oth ...

Court : National Green Tribunal Principal Bench New Delhi

..... (retired judge of the supreme court of india) under the commission of inquiry act, 1952 vide notification dated 22nd november, 2010 to examine illegal and unjustified mining activities going on in the states of orissa, andhra pradesh and karnataka, as a number of complaints in that regard had been received by the ..... therefore, pending detailed scrutiny of each of these 139 cases, including that of yours, and taking an appropriate decision thereon in each case, after following due procedure, it is hereby directed under section 5 of the environment (protection) act, 1986 that the environment clearance accorded in respect of each of these 139 cases by moef be kept in abeyance with immediate effect and until further orders ..... commission, the issue raised by the appellant is that they were never granted any hearing in terms of sections 8(b) and 8(c) of the commission of inquiry act, 1962 and as such the same was non est in view of the judgment of the honble supreme court in the case of state of bihar ..... . now, it is true that since the right of prior notice and opportunity of hearing arises only by implication from the duty to act fairly, or to use the words of lord morris of borth-y-gest, from 'fair play in action', it may equally be excluded where, having regard to the nature of the action to be taken, its object and purpose ..... obtained periodical renewal of license to operate under the air (prevention and control of pollution) act, 1981 and the water (prevention and control of pollution) act, 1974 .....