Court : Karnataka
Reported in : ILR2004KAR4215
..... result and for the foregoing reasons, we pass the following:order(i) we allow all writ appeals filed by the aicte, the director, national institute of technology, karnataka and the krec and set aside the judgments of the learned single judges and dismiss all those writ petitions out of which ..... :'when a state action is challenged, the function of the court is to examine the action, in accordance with law and to determine whether the legislature or the executive has acted within the powers and functions assigned under the constitution and if not, the court must strike-down the action. ..... aicte in discharge of its role also acts as the pivotal agency in implementing the national plans regarding technical education apart from advising government of india on the need for technical manpower to meet the national plans and objectives on the basis of ..... a bill was introduced in the parliament, that led to enactment of all india council for technical education act, 1987, for short 'the act', seeking to provide statutory powers to the aicte to ensure: (i) proper planning and coordinated development of the technical education system throughout the country; (ii) promotion of qualitative improvement of technical education in relation of ..... under section 10 of the act, it is stated that it is the duty of the council constituted under the act to take all steps as the said council might think fit for ensuring coordinated and integrated development of ..... in section 10 of the act. ..... section 14 of the act .....
Tag this Judgment!Court : Karnataka
..... counsel for the appellant would vehemently contend that a ratification is made with regard to the suspension, no doubt, in the principles laid down in the judgment of national institute of technology (referred supra) it is held that ratification means the making valid of an act already done and court comes to the conclusion that the ratification must be mode only if valid act has been done by the agent. ..... general secretary shall serve as the executive officer in respect of the work of the association generally, under section 8 is also board of directors shall appoint, confirm and terminate the services of any staff, under section 9, the board may establish under its control departments of the association and shall define the scope of their activities and under section 10, the activities of each department shall be directed by a committee appointed by the board of directors and ..... it is also noted that in terms of the memorandum and rules and regulations, the designation of the general secretary is also mentioned in section 6 that he shall be member (ex-officio) by the board of directors and the association and shall serve as the executive officer in respect of the work of the ..... also brought to notice of this court with regard to the defendant organization personal policy objects and also the board of directors in terms of section 1 and personal committee, duties and responsibilities of personnel committee and even with regard to the extension, retirement, termination of services.9. .....
Tag this Judgment!Court : Karnataka
..... as 24 months (24/09/2014 to 23/09/2016) with estimated cost of rs.15,33,57,833/-; vi) construction of multi-storeyed boys hostel building comprising of 3 blocks, block 1 & 2 (g+7 storeys), block 3 (g+6 storeys) accommodating 500 single occupancy rooms at national institute of technology, karnataka (nitk) campus surathkal, karnataka, sub- head: building portion including internal water supply, sanitary installations, drainage development, bulk services, horticulture development, internal electrical installations, substation equipment, dg set and lifts, fixing ..... the next contention raised by the learned senior counsel is that once arbitrators have become ineligible, sections 13 and 14 attracts, cannot be accepted for the simple reason that the entire provisions of section 12 especially sub-section (5) of the act and the entry 5 of seventh schedule made thereon do not disqualify a former employee from acting as an arbitrator unless there are any justifiable doubts about the impartiality of the learned arbitrators ..... he also relied upon the definition of financial interest , as per clause 4 of oklahoma statutes annotated title 3a amusements and sports wherein it is stated that financial interest means an interest that could result in directly or indirectly receiving a pecuniary gain or sustaining ..... retired on 30/09/2002)3) sri.s.r.pandey, additional director general of c.p.w.d (retired on 30/11/2007)4) sri.k.k.varma, additional director general of c.p.w.d,( retired on 31/05/2004).27. .....
Tag this Judgment!Court : Karnataka
..... the tenders floated are for the construction of sports complex, apartments for faculty and non-faculty members and multistoried boys' hostel on the campus of national institute of technology, surathkal. ..... he submits that there is no agreement for arbitration as per section 7 of the arbitration and conciliation act, 1996, because the contractor is required to exhaust the remedy of approaching the superintending engineer. ..... project management group, indian institute of science for advancing the submission that when a petition raises the questions of facts of complex nature, which may for their determination require oral evidence to be taken and on that account, the dispute may not ..... reported in (2006) 4 scc 501, wherein it is held that a writ of mandamus cannot be sought for directing protection in respect of the property, status or right, which remains to be adjudicated upon and when such adjudication can be done in a properly instituted civil suit. 15. ..... i may usefully refer to the apex court's judgment in the case of reported in joshi technologies inernational inc. vs. ..... ramesh chander and others reported in (2007) 5 scc 719. ..... arbitration and conciliation act, 1996 - s.7 - arbitration agreement/clause - what constitutes - principles therefor, exhaustively summarized - presence of concluded consent of the parties to refer disputes to arbitration - necessity of - held, mere use of the word "arbitration" or "arbitrator" in a clause will not make it an .....
Tag this Judgment!Court : Karnataka
..... the learned aag has relied upon two rulings reported in (2015) 11 scc669rendered in the case of national institute of technology and another vs ..... ratification by definition means the making valid of an act already done ..... in our opinion, the approval for initiating disciplinary proceeding and approval to a charge memorandum are two divisible acts, each one requiring independent application of mind on the part of the disciplinary authority ..... in the event a legal instrument is deemed to be not in existence, because of certain fundamental defect in its issuance, subsequent approval cannot revive its existence and ratify acts done in pursuance of such instrument, treating the same to be valid ..... but it was entirely wrong in holding that such an invalid act could not be subsequently rectified by ratification of the competent authority ..... . ratification would always relate back to the date of the act ratified and so it 38 must be held that the services of the appellant were validly terminated on 17-12- ..... . we also hold that the proceedings dated 12.01.2022 is an act of overreach and we direct that second respondent be forthwith removed from the post of director, department of minorities and compliance of this order shall be reported to this court ..... the point is that even assuming that the chairman was not legally authorised to terminate the services of the appellant, he was acting on behalf of the company in doing so, because, he purported to act in pursuance of the invalid resolution .....
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..... court in the case of 41 national institute of technology v. ..... is not warranted; (d) certain preconditions or qualifications for tenders have to be laid down to ensure that the contractor has the capacity and the resources to successfully execute the work; and (e) if the state or its instrumentalities act reasonably, fairly and in public interest in awarding contract, here again, interference by court is very restrictive since no person can claim a fundamental right to carry on business with the government.24. ..... by definition means the making valid of an act already ..... no doubt, the bodies which are state within the meaning of article 12 of the constitution are bound to act fairly and are amenable to the writ jurisdiction of superior courts but this discretionary power must be exercised with a great deal of restraint ..... by definition means the making valid of an act already ..... if the state acts within the bounds of reasonableness, it would be legitimate to take into consideration the national priorities; 2 (2012) 8 scc21629 (b) fixation of a value of the tender is entirely within the purview of the executive and the courts hardly have any role to play in this process except for striking down such ..... state of orissa, reported in (2007) 14 scc517 that while invoking power of judicial review in matters as to tenders or award of contracts, certain special features 35 should be borne in mind that evaluations of tenders and awarding of contracts are essentially commercial functions and principles .....
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..... court in the case of 41 national institute of technology v. ..... is not warranted; (d) certain preconditions or qualifications for tenders have to be laid down to ensure that the contractor has the capacity and the resources to successfully execute the work; and (e) if the state or its instrumentalities act reasonably, fairly and in public interest in awarding contract, here again, interference by court is very restrictive since no person can claim a fundamental right to carry on business with the government.24. ..... by definition means the making valid of an act already ..... no doubt, the bodies which are state within the meaning of article 12 of the constitution are bound to act fairly and are amenable to the writ jurisdiction of superior courts but this discretionary power must be exercised with a great deal of restraint ..... by definition means the making valid of an act already ..... if the state acts within the bounds of reasonableness, it would be legitimate to take into consideration the national priorities; 2 (2012) 8 scc21629 (b) fixation of a value of the tender is entirely within the purview of the executive and the courts hardly have any role to play in this process except for striking down such ..... state of orissa, reported in (2007) 14 scc517 that while invoking power of judicial review in matters as to tenders or award of contracts, certain special features 35 should be borne in mind that evaluations of tenders and awarding of contracts are essentially commercial functions and principles .....
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Reported in : AIR2000Kant145; ILR2000KAR2530; 2000(2)KarLJ52
..... any year or course), a candidate must have: 4.1.1 been on the roll of an affiliated institution for one full academic year in the course for which he/she wants to take the examination; 4.1.2 submitted his/her application to the controller of examinations through the head of the institution last attended or any other authority nominated by the national council for hotel management and catering technology for this purpose; 4.1.3 produce the following certificates signed by the forwarding authority. ..... learned single judge has granted the desired relief to the respondent-students by taking the view that (i) the national council is an instrumentality of the government and therefore it is required to act as per the policy decision taken by the latter, and, (ii) the objections to the competence of the central government to issue instructions like the one contained in annexure-e should have been raised at the very ..... the subsistence of the examination rules, the central government could not have issued directions to the affiliated institutions to act in violation thereof.19. ..... the national council is a society registered under the provisions of the societies registration act, 1860 as extended to the union territories of india (punjab amendment act, ..... acts/rules/orders:constitution of india - articles 12 and 226;societies registration act, 1860;union territories of india (punjab amendment act, 1957);memorandum of association, examination rules, management and academic rulescases referred:sabhajit .....
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..... the values submitted by the surveyor were checked and verified and were certified to be correct by dr.ambedkar institute of technology ( the institute ) as stated in its certificate dated 05.09.2011. ..... ambedkar institute of technology on the very same date, was produced certifying that the latitude, longitude and 40 msl level submitted by m/s precision surveys was found to be correct upon verification. ..... ambedkar institute of technology. ..... ambedkar institute of technology. ..... defence aerodrome in comparison to all other defence aerodromes for the following reasons: (a) hal is the sole premier aircraft, design and manufacturing organisation in the country promoting a safe test flying environment which is critical for national defence; (b) flying operations at hal involve test flying of experimental, unproven, developmental aeroplanes and helicopters; (c) test flying of prototypes and pre- production models; (d) special exercises are carried out such as practice forced 38 landing ,(pfl ..... it is further contended by the 1st respondent that the provisions of the aircraft act, 1934 (for short, the act ) has been enacted to make provisions for the control of the manufacture, possession, use, operation, sale, import and export of aircrafts and in furtherance of the said object, section 9-a empowers the central government to prohibit or regulate construction of buildings and also restrict the height of such buildings for the purposes of ensuring safety of aircraft operations. .....
Tag this Judgment!Court : Karnataka
Reported in : ILR2009KAR3934; 2009(4)KCCRSN240.
..... he gives the examples of several institutions such as indian institute of technology, military academy at dehradun and others ..... urges that to respect of admissions made in various universities to karnataka state including to the vishweshwariah technological university, reservation of seats, only to the scheduled castes and scheduled tribes candidates of karnataka state is mandated by the provisions made under the karnataka state universities act and other similar provisions applicable to vishweshwariah technological university and hence it is the duty of the institutions to make reservations as per the state government orders, but, such a requirement is not necessary ..... school of india society registered under the provisions of the karnataka societies registration act, 1960 with an object among others to establish, maintain and develop a teaching and research institute of higher learning in law conceived the idea and it is the said society which requested the state government to establish the national law school to enable it to carry out its objects and functions and therefore the karnataka state legislature considered it necessary ..... in this regard, he draws the attention of the court to the definition of the term 'scheduled caste' contained in sub clause (24) of article 366 and the provision made for reservation in favour of scheduled caste in relation to a state under article ..... section 4 of the national law school of india act, 1986, deals with the objects of the law school which .....
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