Court : Gujarat
Reported in : (2000)2GLR1684
..... b.b.s. course. rule-9(1) provided that seats in the general pool shall be distributed university wise i.e. seats in colleges affiliated to karnataka university shall be allotted to students passing from colleges affiliated to that university and seats in colleges affiliated to bangalore and mysore universities shall respectively be allotted ..... . selection examination for it was held in the month of march, 1987 by the university of health sciences constituted under the andhra pradesh university of health sciences act, 1986. a set of rules to govern the admission to the said super-speciality were prescribed by the state government. in the entrance test, the petitioner ..... to prefer its own students, cannot be regarded as arbitrary at all. it was pointed out that section 39 read with section 32 of the gujarat university act, 1949 enables the gujarat university to prescribe rules for admission to post-graduate medical courses and the rules cannot be treated as lacking legislative competence. what .....
Tag this Judgment!Court : Gujarat
Reported in : (2000)2GLR1814
..... that the project was ultra-vires the powers of the municipal council did not appeal to the supreme court.(4) decision in g.j. fernandez v. state of karnataka and ors., reported in (1990) 2 scc 488 (which considered the decision reported in (1990) 2 s.c.c 486 which also was cited) was referred to ..... permissible to prevent arbitrariness in the manner in which the public authority functions while entering into a contract. that is, in reality, in the realm of judicial control over administrative power of the public authority to bring about a contractual relationship with a private individual and not an interference into the stipulations on the basis of ..... that a public authority i.e. state will adhere to its duty of not denying equality right of persons, enshrined in article 14 of the constitution by acting in an arbitrary manner that necessarily would result in an unjustifiable discrimination, than a mere legitimate expectation that an obligation will be fulfilled by a private individual.9. .....
Tag this Judgment!Court : Gujarat
Reported in : AIR2000Guj183; (2000)3GLR1881
..... government gazette extraordinary dated 30th of november, 1996have......... notifications purported to have been issued in exercise of second proviso to section 29(1) ofthe act also need reproduction as under :-- sachivalaya, gandhinagar, 23rd july, 1996. in exercise of the powers conferred by the second proviso to sub-section ..... to allot lands declared surplus under the gujarat agricultural lands celling act, 1960 to agriculturists of madhya pradesh and maharashtra whose lands have been submerged because of implementation of narmada water reservoir project. earlier under government ..... ich/1078/2239-chh. dated 7-8-1986. to, collector,bhavnagar, rajkot, ahmedabad, mehsana, banaskantha, kuchchh, kheda. sub :-- gujarat agricultural lands ceiling act. i960. allotment of surplus lands to rehabilitate agriculturists affected by narmada water reservoir project: on the above subject (you are) informed that (government) has decided .....
Tag this Judgment!Court : Gujarat
Reported in : (2000)4GLR314
..... . against the said punishment order dated 11.6.96, the respondent workman has filed first appeal to the divisonal controller who is the first appellate authority. during the pendency of the first appeal, the first appellate authority who is ..... the time of checking. similarly in the departmental inquiry also, the respondent workman has raised a contention that his traffic cash was not checked by the checking staff, specific allegations were made against the respondent workman that he recovered the ..... . the apex court has considered the similar situation and examined the decision of the division bench of the karnataka high court of k.s.r.t. corporation v. b.m. patil & anr reported in 1996 (1) lab ic ..... respondent workman and challenged the legality and validity of the departmental inquiry and also challenged that the competent authority has acted prosecutor and judge which violated the principles of natural justice. the respondent workman has also challenged that the reviewing .....
Tag this Judgment!Court : Gujarat
Reported in : (2001)2GLR1679
..... the land as per decree and putting the parties into the possession of the land falling to their share. such control will not therefore make the decree preliminary. in the decision of ramagouda rudregowda (supra), the karnataka high court does state that once the decree declaring the shares of the parties is passed, the civil court has ..... konapgauda patil v. hanmant rangappa patil, 20 bom.lr 411 : air 1918 bom. 206, has held qua section 54 of the civil procedure code that when the collector acting ..'tinder section 54 of the civil procedure code effects partition, it is not open to the civil court to entertain any application seeking reopening of the partition because the policy ..... 265, c. p. code, 1882 (now section 54) if it is found that the collector has contravened the decretal command or has acted ultra vires because action of the collector is subject to the control and correction of the court. in the case of ramachandra dinkar v. krishnaji sakharam, air 1915 bom. 279 : 40 bom. 118 what .....
Tag this Judgment!Court : Gujarat
Reported in : (2001)GLR776
..... under the urban agglomeration the imposition of the ceiling should naturally be under the provisions of the urban ceiling act and not under the karnataka land reforms act. it was also observed that the high court did not deal with this aspect and therefore, it was ..... respect to which the parliament has otherwise no power to make law for state. in this case before the supreme court, the karnataka land reforms act, 1962 was amended in the year 1974, i.e. on 1.4.1974 and the same was given effect to on ..... sc 661 and the observations from bengal immunity co. ltd. (supra) which have been approvingly referred to in the case of state of karnataka v. ranganatha reddy (supra) have been quoted, wherein it has been held that the words 'extra-territorial operation' are used in two ..... be denied on the ground that it has some effect on an industry controlled under entry 52, list i. effect is not the same thing as subject matter. if a state act, otherwise valid, has effect on a matter in list i it does not .....
Tag this Judgment!Court : Gujarat
Reported in : (2001)167CTR(Guj)34; [2001]250ITR229(Guj)
..... perused the relevant provisions of the madhya pradesh co-operative societies act (m.p. act), rajasthan co-operative societies act, maharashtra co-operative societies act and karnataka co-operative societies act and gujarat co-operative societies act (gujarat act). however, the provisions of only the m.p. act and the gujarat act and rules are set out. 18. statutory provisions of the ..... such a condition was stipulated in any order issued under s. 71(2) of the gujarat co-operative societies act. 74. under the bombay co-operative societies act and the karnataka co-operative societies act also the reserve funds can be used for business of the co-operative bank and it is only for the ..... to the business of the assessee." 127. when the learned counsel for the assessee invited the attention of the court to the provisions of the karnataka co-op. societies act and rules and the decisions in bihar state co-op. bank (supra) and cambay electric (supra), the apex court observed that it was unnecessary .....
Tag this Judgment!Court : Gujarat
Reported in : (2001)4GLR3587
..... .(3) 1996 lab ic 588 (sc) in case of kashinath nagaya ibhatte versus state of maharashtra.(4) air 1991 sc 295 in case of hc puttaswamy versus hon'ble cj karnataka.(5) (1991) (2) scc 599 in case of ravindra narayan versus state of maharashtra.(6) 1997 (2) glh 618 in case of bm shah education society versus shilpa ..... action by the executive authority invested with judicial power. the habit of mind an executive officer so formed cannot be expected to change from function to function or from act to act so it is essence that some restrictions shall be imposed on tribunal in a matter of passing orders affecting the rights of the parties.23. the inquiry which ..... , primary school teachers and inferior servants and other staff (including engineering staff) as may be in the opinion of the government be necessary for the administration, management and control of approved schools within its area or for enabling a primary school panchayat constituted under section 36b to discharge its functions under this .....
Tag this Judgment!Court : Gujarat
Reported in : (2001)3GLR2010
..... revisioners deal with cases where contentions were raised in the written statement. he has drawn attention of this court to the provision of the limitation act and has relied on the decision of the karnataka high court in the case of javarasetty v. smt. ningamma, as reported in air 1992 kant. 160. 6. mr. mihir thakore, learned ..... say, mr. shelat submitted that there is no dispute about the plaintiffs' holding a registered patent in respect of a process. the patent was granted by the controller of patents after following due procedure. he submitted that, the court below has misread and misinterpreted the affidavit-in-reply filed by the defendants at ex. 24. ..... is allowed on aspect of invalidity, it would be riot in consonance with the provisions of section 116 of the patents act, which provides appeal only before the high court against the order of the controller of patents. the anomalous situation apprehended by the plaintiffs/revisioners would not survive in view of the fact that the moment .....
Tag this Judgment!Court : Gujarat
Reported in : AIR2001Guj208; (2001)2GLR1356
..... supreme court negatived a challenge against the constitutional validity of the rajasthan imposition of ceiling on agricultural holdings act,1973, in p. mahendra v. state of karnataka, reported in air 1990 sc 404, holding that the act being a legislation made for the purpose of bringing out agrarian reform, its provisions were protected by ..... supreme court is that although the state cannot interfere with freedom of a person to profess practice and propagate his religion, the state, however, can control the secular matters connected with religion. all the activities in or connected with a temple are not religious activities. in shree jagannath temple puri management committee ..... the inamdars of their fundamental rights guaranteed under arts. 14, 26(c) and 31 of the constitution. it was also contended that the act and the amendment act were violative of the provisions of art. 300a of the constitution by adversely affecting the petitioners constitutional right to property without providing for an .....
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