Court : Allahabad
Reported in : 2001(4)AWC2581; [2002(92)FLR254]; (2002)1UPLBEC168
..... notwithstanding any statutory provision to that effect, whether in manipur university act or elsewhere.from the above noted decision of the apex court it is abundantly clear that sending on deputation is not permissible without the consent of ..... illegal and withoutjurisdiction and contrary to the rules.simultaneously, the petitioner alsorequested for payment of salary.which was withheld from march.1989, clarifying that even if the higherauthorities to whom the petitionerhad represented hut not agreed withthe interpretation of the consent ofrespondent no. ..... issuance of a writ, order or direction in the nature of certiorariquashing the order dated 12.4.1999, whereby petitioner was deputed as a general manager of gramin bank, farrukhabad, the order dated 29.5.1989 whereby the petitioner was advised to report to the regional manager, farrukhabad, charge-sheet dated 20.12.1989, notice dated 19.2.1990 and the order dated 17.6.1991. ..... take a decision on the resignation letter dated 31.5.1989 and to compensate the petitioner adequately have also ..... 2 regarding absenceof petitioner since 3.2.1989 could notbe adjusted towards his accumulatedprivileged leave (earned leave)sufficient balance of which was due ..... on 8.4.1989, that the petitioner received a letter dated 17.3.1989 from ..... attempted to justify the punishment of removal of the petitioner from the service on the ground that the petitioner remained absent from duty, which was nothing but unauthorised absence from 4.2.1989 to 29.5.1989, i.e.. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2005(102)ECC449; 2005(188)ELT129(SC); JT2005(12)SC281; (2005)7SCC725
..... xxx xxx ii) "relevant date" means: (a) in the case of excisable goods on which duty of excise has not been levied or paid or has been short-levied or short-paid- (a) where under the rules made under this act a periodical return, showing particulars of the duty paid on the excisable goods removed during the period to which the said return relates, is to be filed by a manufacturer or a producer or a licensee of a warehouse, as the case may be, the date on which ..... any duty of excise has not been levied or paid or has been short- levied or short-paid or erroneously refunded by reason of fraud, collusion or any willful mis- statement or suppression of facts, or contravention of any of the provisions of this act or of the rules made thereunder with intent to evade payment of duty, by such person or his agent, the provisions of this sub-section shall have effect, for the words "six months", the words "five years ..... this benefit was sought to be taken away by section 26 of the maharashtra tax laws (levy amendment and repeal) act, 1989 which amended rule 41e. ..... the policy of granting such exemption was the outcome of experts opinion and after the exemption was reintroduced in respect of cigarettes in january, 2000, it was extended to four other north eastern states namely meghalaya, mizoram, nagaland and manipur before its final withdrawal in january 2001. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2006(4)BomCR773; JT2006(4)SC201; 2006(3)SCALE675; (2006)9SCC1
..... medical univeristy, tamil nadu act, 1989 (state act), however, enacted: 'no college shall be affiliated to the university unless the permission of the government to establish such college has been obtained' ..... the same principle was applied to university act and the court held that after coming into operation of the central act, the operation of the university act would be deemed to have become unenforceable in case of technical ..... if there was any such existing law immediately before the commencement of the constitution within the meaning of article 372 of the constitution, as the madras university act, 1923, on the enactment of the present central act, the provisions of the said law if repugnant to the provisions of the central act would stand impliedly repealed to the extent of repugnancy. ..... that affiliation would be subject to the petitioner college fulfilling the requirements as required by the university to grant first time affiliation in terms of the university act, rules and statute to the extent that has to be complied with. ..... medical university, tamil nadu (amendment and validation) act, 1989. ..... it was observed that the provisions of the university acts regarding affiliation of technical colleges and the conditions for grant of continuation of such affiliations by the university would remain operative but the conditions that are prescribed by the university for grant and continuance of affiliation must be in conformity with the norms and guidelines prescribed by the council. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1992Bom457; 1992(1)BomCR590; 1992(1)MhLj883
..... reported in : [1988]1scr899 , the dispute was relating to the holding of the election of certain members to the 'court' of the gujarat university as constituted under section 16 of the gujarat university act of 1949. ..... (i) the decision of vimadalal & sapre, jj, in the ganesh karkhana election case; and(ii) the decision of pendse & sugla, jj, in the osmanabad bank election case 1989 ctj 45 (bom),--it is not possible for me to come to any other conclusion by relying upon some of the observations in the order passed by the division bench of jahagirdar & puranik, ..... , in osmanabad bank election case 1989 ctj 45 (bom) -in the scheme of the provisions of the maharashtra co-operative societies act, 1960 and the maharashtra specified co-operative societies elections to committees rules 1971, the preparation of the list of voters for election to the managing committee of a specified society is an intermediate stage in the process of election, and(ii) in view ..... the petition has been admitted on 21st june 1989 and is still pending in this court for final ..... 'the division bench in osmanabad bank election case 1989 ctj 45 bom thereafter, referred to two supreme court decisions ..... , in the osmanabad bank election case 1989 ctj 45 is concerned, the criticism of the learned counsel on behalf of the petitioners is that the dispute in that case had arisen at the stage of declaration of the election programme which had commenced under rule 16 of the ..... in osmanabad bank election case 1989 ctj 45, shri sawant and .....
Tag this Judgment!Court : Mumbai
Reported in : 2006(1)ALLMR331; 2005(4)MhLj1095
..... passing of the order of termination, the appellant approached the college tribunal by filing an appeal under section 43-b of the pune university act, challenging the order of termination taking various grounds of challenges including the contention that the termination order is mala fide one. ..... that the college in which the appellant was working is affiliated to the pune university and the services of the employees working under the college are governed and regulated by the statute framed by the university in exercise of its power under section 42 of the university act. ..... shri talekar, therefore, submitted that the order dated 27-7-1987 if read along with the approval granted by the registrar, pune university on 18th september, 1987 will clearly indicate that the appellant was appointed in a vacant post and he was required to complete m.phil ..... the rival contentions advanced by the learned counsel, few aspects are required to be noted.the learned presiding officer, pune/shivaji college university tribunal, pune by the order dated 13th october, 1989 allowed the appeal filed by the appellant. ..... petition the respondents in the appeal before the college tribunal have challenged the judgment and order dated 13th october, 1989 allowing the appeal filed by the respondent no. ..... prayer that the management may be directed to give effect to the order of reinstatement passed in favour of the petitioner by the college tribunal, pune on 13th october, 1989 in appeal no. ..... to be filed on 17-6-1989.10. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2001(2)ALT607
..... the definition 'public service' to note the ambit and scope of the applicability of the provisions of act.section 2 (vi) 'public service' means, services in any office or establishment of,--(a) the government;(b) a local authority;(c) a corporation or undertaking wholly owned or controlled by the state government;(d) a body established under any law made by the legislature of the state whether incorporated or not, including a university; and(e) any other body established by the state government or by a society registered under any law ..... of kerala discontinued the levy of surcharge with effect from that date by issuing an ordinance called the kerala electricity duty (amendment) ordinance, 1988 which later on became the kerala electricity surcharge (levy and collection) act, 1989 (22 of 1989). ..... having preferred an appeal, the government passed another act called as the andhra pradesh educational institutions grant-in-aid(regulation) supplementary provision act' and the same was given retrospective effect from 17-10-1989, the date on which the respondent school was admitted to grant-in-aid. ..... section 11 of the 1989 act validating the levy and collection of the surcharge under the 1984 order and a further provisions therein permitting non-refund of the collected amount were unsuccessfully challenged before the kerala high court as unconstitutional, ..... 326, dated 17-10-1989. ..... 17-10-1989 admitting grant-in-aid to various institutions mentioned in the annexure appended to the government order .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2006(4)MPLJ45
..... jawatkar continued to be employee of jawaharlal nehru university and his employment could not be transferred by the jawaharlal nehru university to the manipur university without his consent notwithstanding any statutory provision to that effect whether in the manipur university act or elsewhere. ..... the provisions of the jawaharlal nehru university act were not being amended so as to provide for transfer of the employees of the jawaharlal nehru university, but the contract of employment was sought to be substituted by another contract of employment between manipur university and dr. k.s. ..... 400/- to any other municipal corporation were challenged and a full bench of this court repelled the said challenge and held that the said sub-sections (5) and (6) of section 58 of the aforesaid act were within the competence of the state legislature and did not violate the provisions of articles 14 and 16 of the constitution and also did change the contract of employment of the employees of the indore municipal corporation.13. ..... jawatkar were not sought to be altered by amendments to the jawaharlal nehru university act. ..... 225/1989 on the round that it has become infructuous in view of amendment introduced by act no. ..... jawatkar : (1989)iillj586sc , the supreme court found that the contract of employment was entered into between jawaharlal nehru university and dr. k.s. ..... 225/1989. .....
Tag this Judgment!Court : Jharkhand
Reported in : 2005(2)BLJR1059; [2005(2)JCR293(Jhr)]
..... universities act, 1976' covered almost all the universities, situated within the territory of the state of bihar, except patna university, rajendra agriculture university and birsa agriculture university, for which separate acts ..... under section 3 of the 'bihar state universities act, 1976, 'the establishment and incorporation of the universities' within the territory of the then state of bihar have been shown, which includes 'kameshwar singh darbhanga sanskrit university', having the headquarters at darbhanga and the jurisdiction over whole of the ..... , their servicescan be terminated without prior notice, followed by legal action.e.regarding appointment of the candidates, who have passedteachers training examination from the institutes, registered under societiesregistration act and situated within the state of west bengal.those candidates, who have passed from certain institutessituated within the state of west bengal, such as, oevid hare college of correspondence ..... the court by its order dated 8th february, 1989, following the decision of the court, rendered in the case of 'mahendra prasad mehta' (supra), ..... by judgment and order dated 8th february, 1989 a division bench of the patna high court noticed that the petitioners of the said case after matriculation had obtained teachers training certificate from ..... 8829 of 1989', a division bench of patna high court disposed of the case with a direction to the respondents to consider the case of the petitioners in the light of the direction, .....
Tag this Judgment!Court : Mumbai
Reported in : [2006]148STC92(Bom)
..... of section 2(1)(d) of the maharashtra sales tax on the transfer of property in goods involved in the execution of works contracts (re-enacted) act, 1989 (hereinafter, 'the works contracts act') was the tribunal justified in law in holding that the respondents are not to pay tax under the said works contract act on their transaction of taking out the xerox copies on a xerox machine and that they are not a 'dealer' as defined under ..... to constitute sale under the (maharashtra sales tax on the transfer of property in goods involved in the execution of works contracts act, 1989), the test is whether the materials used in the execution of a works contract pass to the contractor either in its original form or in some other form if it passes, then there is deemed ..... sales tax on the transfer of property in goods involved in the execution of works contracts (re-enacted) act, 1989, (hereinafter, 'works contract act'), read with section 61 of the bombay sales tax act, 1959. ..... part of contract can be easily carved out to include it within the ambit of definition of 'sale' in the works contract act and attract sales tax in light of the post-forty-sixth constitution amendment situation.submissions of respondents:12. mr. p.c. ..... the present sales tax reference has been made under section 61 of the bombay sales tax act, 1959 at the instance of the commissioner of sales tax of the maharashtra sales tax tribunal, to this court for the determination of the question of law which arises out of .....
Tag this Judgment!Court : Mumbai
Reported in : (2007)109BOMLR2273; (2007)212CTR(Bom)384; [2008]298ITR149(Bom)
..... unless such sum has actually been paid during the previous year on or before the date as defined in the explanation below clause (va) of sub-section (1) of section 36.the second proviso was substituted by finance act, 1989 with effect from 1st april, 1989 and read as under:provided further that no deduction shall in respect of any sum referred to in clause (b) be allowed unless such sum has actually been paid in cash or to by issue of a cheque ..... occurring in the second proviso to section 43b be deleted.noting the hardship being occasioned in the matter of deduction regarding employer's contribution, unlike other payment referred to in section 43b of the income-tax act, the memorandum noted that to avoid any hardship being caused on account of reasons of postal delay, strikes or long holidays, it is proposed to provide that if any sum payable by the employer by way of ..... wisdom chose not to delete the second proviso but substituted the same by finance act of 1989 by noting the hardship that may be occasioned by the language of the second proviso ..... 2 which was added to section 43b by the finance act of 1989 with retrospective effect from april 1, 1984. ..... of the finance act, 1989 which substituted the second proviso set out that the aforesaid proviso was introduced to remove hardship caused to certain tax payers (1989) 176 itr ..... occasioned by the operation of the second proviso, the finance act, 1989 substituted the second proviso. ..... finance act, 1989 with effect from 1st april, 1989. .....
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