Court : Allahabad
Reported in : AIR1960All256
..... committee of the academic council (hereinafter called the standing committee) had no power or authority to punish the students of the university. i think this contention of the learned counsel has force. the banaras hindu university act was passed in 1915 and was substantially amended in 1922, 1930 and 1951. reference need only be made to -some of ..... 1951, had admittedly not framed any ordinance delegating any such power on the standing committee. it would thus appear that as far as the banaras hindu university act, as amended in 1951, is concerned, there is no power in the standing committee to take any disciplinary action against the students of the ..... the amendments introduced by the amending act of 1951 (act no. lv of 1951). before this amendment, the governor general of india was to .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1960All551; [1960(1)FLR477]; (1960)IILLJ146All
..... single judge does not apply to the subsequent stage, where the punishment is to be determined.34. reliance was further placed on the case of dipa pal v. university of calcutta : air1952cal594 . that was not a case of dismissal. in that case one student had appeared in the examination and she had obtained pass marks but ..... as follows:'now, it is no doubt true that the evidence of the respondent and his witnesses was not taken in the mode prescribed in the evidence act; but that act has no application to enquiries conducted by tribunals, even though they may be judicial in character. the law requires that such tribunals should observe rules of ..... from the order of the assistant custodian was dismissed by the additional custodian. then an application in revision under section 27 of the administration of evacuee property act was filed to the custodian general, and the custodian general dismissed that application in revision.after the dismissal of the application by the custodian general, a writ .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1960All579
..... -4-1959, and one of the items on the agenda was:'to confirm the order of the vice chancellor dated 17-4-1959, under statute 9 of the banaras hindu university act, act no. xvi of 1915 (amended upto 15-10-1958), expelling the undermentioned students pending decision of the academic council: 1. shri s. p. ghoshal, m. a. (v) ..... happened on 15-4-1959. (see air 1960 all 256). the conclusion to which the learned judge came was that the academic council alone was under the banaras hindu university act and the statutes and ordinances, competent to mete out the punishment and that the standing committee which did so was not authorised under the law; hence the resolution awarding- ..... charge no. 1. with reference to charge no. 2, i may submit that i never incited any student to resort to unlawful and anti-university act, nor i disturbed the discipline and peace of the university. with reference to charge no. 3, i am surprised to learn my implication in the alleged beating of some 'tandon' which i do not .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1961All301
..... of ord. 13;2. that the degree having already been conferred on the petitioner, it could not be withdrawn by the executive council acting under section 34(2) of the agra university act; it could only be done by the senate;3. that the petitioner had been 110 party to the tampering;4. that the petitioner ..... amounted to a scandalous misconduct, and that action was proposed to be taken against him under section 34(2) of the agra university act to withdraw the degree which had been conferred by the university. he was asked to show cause why the action should not be taken on 31-12-58 the petitioner sent an explanation ..... been exercised had already been given to another body; in that connection the provisions of the agra university act have to be examined.11. section 26 of the act provides for statutes being framed by the university, it says:'subject to the provision of this act, the statutes may provide for any matter relating to theuniversity and shall in particular provide for thefollowing: .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1961All487; [1962]44ITR94(All)
..... for the department was presented with great ability by mr. copal behari. upadhya, j. 7. the question raised in these petitions is as to whether the wealth tax act (act xxvii of 1957) is ultra vires the parliament in so far as if seeks to impose a tax on the net wealth of a hindu undivided family. 8. i ..... that the word 'individual' includes a corporation created by a statute e.g. a university or a bar council or the trustees of a baronetcy trust incorporated by a baronetcy act.' it may be noted that in all these cases the corporation, the university, the bar council and baronetcy trusts are units or juristic persons. the conception in law ..... exemption based on the difference. it is further contended that the distinction between 'individual' and a 'hindu undivided family' is also maintained in the business profits tax act, 1947 and, that therefore, there was a well established legislative practice whereunder a hindu undivided family was placed upon a footing of its own before the coming into .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1962All413
..... own and with the right of perpetual succession. it is not without significance that the same legislature when enacting the allahabad university act (received assent of the governor on the 3rd december, 1921), by virtue of section 3 the university was declared (sic) as a body corporate with perpetual succession. municipalities are as a rule given the status of ..... control, be under the authority of some one else. the legislature, which passed the allahabad university act iii of 1921 in the same year, gave it the status of a body corporate by section 6 of that act, but in respect of act ii of 1921 under which the board was constituted the status of a body corporate was denied ..... of the board being 'incorporated'. in contrast, this is what section 3 (2) of the university act says:'the university shall have perpetual succession and a common seal and shall sue andbe issued by the said name.'9. section 7 of the act lays down the 'powers of the board'. there is nothing in any of the sub-sections or .....
Tag this Judgment!Court : Allahabad
Reported in : [1963]48ITR346(All)
..... the senior cambridge from that school. he then joined the banaras college and passed the intermediate examination. he studied for a year in the engineering college of the banaras hindu university for electrical and mechanical engineering and then joined the commerce college at delhi. after that he had training in the aluminium corporation of india ltd., laxmiratan cotton mills ltd. and ..... .m.c. desai c.j. - i agree with my brother, brijlal gupta, that the question be answered in the negative.clause (x) of section 10(2) of the income-tax act applies expressly to commissions and is thus a specific provision as against clause (xv), which is a general provision. clause (xv) has now by a recent amendment been expressly made .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1963All596
..... . in order to examine this contention, it is necessary to study the machinery for the framing of ordinances under the allahabad university act (hereafter referred to as the act).10. section 33 of the act describes howordinances are made. sub-section (1) ofsection 33 states :'save as otherwise provided in this section, ordinances shall be ..... application in our present case.16. the functions of the executive council have been described in section 20 of the allahabad university act. the executive council shall be the executive body of the university. it will be noticed that the executive council is essentially an executive body. it is not a legislative body. yet ..... with the conduct of examination. according to statute no. 190, all examinations whether written or oral of practical shall be held in the premises of the university. it was contended for the petitioner that the statute contemplates examinations of three kinds written, oral or practical. the examination on jurisprudence was neither, an .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1966All207
..... board of high school and intermediate education, u. p., allahabad v. bagleshwar prasad, 1963 all lj 676 (sc), it was held that educational institutions like the universities or the board of education set up enquiry committees to deal with the problem posed by the adoption of unfair means by candidates, and normally it is within the ..... powers under rule 1(1) of chapter vi of the regulations framed under section 15 in dealing with cases of examinees using unfair means in examination halls is acting quasijudicially and the principles of natural justice which require that the other party (namely the examinee) must be heard, will apply to the proceedings before the committee ..... under which action was taken against them was no longer in force as it stood superseded by the uttar pradesh pravidhik shiksha adhiniyam 1962. under the latter act it is the board and not the examination committee which has the right to pass the orders of withholding the result, cancelling the examination and debarring the .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1966All45
..... or have been a judge of the high court, and a third appointed by the chancellor.before the present provision was introduced by the u. p. university act, 1961, the vice-chancellor was appointed by the chancellor from names recommended by the executive council. the participation of the executive council in the making of ..... to enquire from the chief justice of this court and sri sri prakash by what authority they purport to act as members of the committee constituted under section 11 (4) of the allahabad university act and for a writ in the nature of mandamus directing the chancellor not to accept the recommendations made by ..... the committee so constituted.2. the university of allahabad was established and incorported by the allahabad university act, 1887. it is presently governed by the allahabad university act, 1921. the vice-chancellor, who is a wholetime officer of the university, and its principal executive and academic officer, is appointed by the .....
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