Court : Chennai
..... resources of the community to them for common welfare etc. therefore, civil, political, social, economic and cultural rights are necessary to the individual to protect and preserve human dignity, social and economic rights are sine quanon concomitant to assimilate the poor, the depressed and deprived, i.e., the dalits and tribes in the national ..... scheduled castes and scheduled tribes and resumption of only such granted lands are discriminatory and they infringe article 14 of the constitution. 37. sections 4 and 5 of the karnataka scheduled castes and scheduled tribes (prohibition of transfer of certain lands) act, 1978, are extracted hereunder: "4. prohibition of transfer of granted lands. (1) notwithstanding ..... price, the grant shall be subject to the condition that the grantee shall pay contribution or betterment levy in respect of the land and the value of trees standing of the land. (4) where the grant is made free of cost, or is made at a price which is less than the full market .....
Tag this Judgment!Court : Chennai
Reported in : (2008)2MLJ593
..... regulations that promote good administration and prevent maladministration can be formulated so as to promote the efficiency of teachers, discipline and fairness in administration and to preserve harmony among affiliated institutions. at the same time it has to be ensured that even an aided institution does not become a government-owned and controlled institution ..... have force of law. the order of the high court must therefore be reversed on this point unhesitatingly.again in medical council of india v. state of karnataka and ors. : [1998]3scr740 , it was held as follows:24. ...regulations framed under section 33 of the medical council act with the previous sanction ..... are necessary for the proper maintenance of standards of education and to check maladministration. it is stated in t.m.a. pai foundation v. state of karnataka : air2003sc355 that:71. while giving aid to professional institutions, it would be permissible for the authority giving aid to prescribe by rules or regulations, the .....
Tag this Judgment!Court : Chennai
..... (mo-2), which contains the entire occurrence in this case, we are of the view that it should be handed over to the tamil nadu state police museum for preserving it as an artifact. it will also help the police to conduct case study and hone their investigation skills. therefore, we direct the director general of police to depute ..... when he attempted to do similar offence and that is sufficient to show that he is a menace to the society. in b.a.umesh v. high court of karnataka, almost a similar situation arose where the accused was found guilty of rape, murder and robbery. two days after the incident in that case, the local public caught ..... were taken in breach of certain procedural law, can it in any way vitiate the action in american jurisprudence, illegally collected evidence is best described as "fruit of the poisonous tree" and american courts frown upon them (see: nardone v. united states, 60 s.ct. 266). the 94th law commission report suggested to the parliament to bring in similar .....
Tag this Judgment!Court : Chennai
..... andhra pradesh high court. to come to the said conclusion, the andhra pradesh high court gave the following reasons in paragraphs 101 to 103:-(i) that the preservation of the right to the enjoyment of immovable property upto the stage of confirmation of attachment and the mandate for dispossession after confirmation of attachment, are intended by ..... to the director to take possession of the property, pending disposal of an appeal before the appellate tribunal. in the said case, a learned judge of the karnataka high court held that in view of the provisions contained in section 8(4) of the act, possession could also be taken by the authorities. having said that ..... , the learned judge of the karnataka high court also pointed out that in case of residential houses where the family members of the accused reside, the authorities can take only constructive possession, till an .....
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..... sensitive sectors of the economy, which includes principles encompassing a holistic definition of national security. the definition of national security includes: (a) matters relating to preservation of nation's unity and territorial integrity and protection of the life and liberty of its citizens; and (b) matters vital to economic security and integrity, ..... relevant clauses discussed above. 36. as already noticed, rights, restrictions and duties coexist. as, on the one hand, it is necessary to maintain and preserve the freedom of speech and expression in a democracy, there, on the other, it is also necessary to place reins on this freedom for the maintenance ..... foreign countries. the petitioner claims that it is a largest television broadcaster in the south asian states of tamil nadu, kerala, andhra pradesh, telengana and karnataka and the board of directors comprises of 8 directors out of which, 4 are independent directors. the petitioner company further stated that it offers 33 television .....
Tag this Judgment!Court : Chennai
Reported in : AIR2000Mad92
..... ]1scr869 ; b.r. kamabhadriah v. secretary, f and a dept. andhra pradesh. : (1981)iillj263sc ; m. v. elisabeth v. harwan investments arid trading (p.) ltd., : [1992]1scr1003 ; ashok v. state of karnataka, : (1992)illj87sc ; slate of rajasthan v. hindusthan sugar mills, : air1988sc1621 and dwarakanath v. i.-t. officer, : [1965]57itr349(sc) and such a power of judicial review can elastically be exercised .....
Tag this Judgment!Court : Chennai
Reported in : 1997(3)CTC76
..... 's case : [1993]1scr594 aforementioned.27. in reply, shri r. krishnmoorthy, learned senior counsel, based on the decision in the case of t.m.a. pai foundation v. state of karnataka and ors. : air1994sc2372 , particularly referring to paragraph 2, submitted that merit need not be determined on the basis of the academic performance at the qualifying examination alone; it may be .....
Tag this Judgment!Court : Chennai
Reported in : [2000]111TAXMAN516(Mad)
..... : [1950]1scr869 , b.r. ramabhadriah v. secretary, f&a; deptt., andhra pradesh : (1981)iillj263sc , m.v. elisabeth v. harwan investments and trading (p.) ltd. : [1992]1scr1003 , ashok v. state of karnataka : (1992)illj87sc , state of rajasthan v. hindustan sugar mill : air1988sc1621 and dwarkanath v. income tax officer : [1965]57itr349(sc) and such a power of judicial review can elastically be exercised .....
Tag this Judgment!Court : Chennai
Reported in : (1998)2MLJ676
..... 's case : [1993]1scr594 . aforementioned.27. in reply, shri r. krishnamoorthy, learned senior counsel, based on the decision in the case of t.m.a. pai foundation v. state of karnataka and ors. : air1994sc2372 particularly referring to paragraph 2, submitted that merit need not be determined on the basis of the academic performance at the qualifying examination alone; it may be .....
Tag this Judgment!Court : Chennai
..... be above the law. a balance has to be kept between the two objectives, that of ensuring the standard of excellence of the institution, and that of preserving the right of the minorities to establish and administer their educational institutions. regulations that embraced and reconciled the two objectives could be considered to be reasonable. while ..... guaranteed under the said article extends to the institutions established by religious or linguistic minority community.13. in t.m.a.pai foundation and others v. state of karnataka and others [(2002) 8 scc481, the following issues arose for consideration before the hon'ble supreme court: (1) is there a fundamental right to set up ..... in w.p.no.16791/2012, in support of his submissions, placed reliance upon the following judgments: (1) t.m.a. pai foundation and others v. state of karnataka and others [(2002) 8 scc481 (2) ashoka kumar thakur v. union of india and others [(2008) 6 scc1 (3) sindhi education society and another v. chief secretary .....
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