Court : Chennai
Reported in : (1979)2MLJ348
..... so vested was only postponed, till after the lifetime of kamalammal. the first appellate court was of the view that the provisions of the transfer of property act having been extended to pondicherry only on 9th january, 1967, the will has to be interpreted according to the code civil prevailing in french territories, maharajan, j., was of the ..... kamalammal took possession of the property in pursuance of the bequest as above. it 19 common ground that sambasiva, who is the ultimate beneficiary under the will and the universal legatee therein died sometime after the death of royalu reddiar, who died on 26th october, 1946 and the plaintiff is admittedly the heir of sambasiva as his brother. ..... the lifetime of kamalammal. article 1041 therefore, directly applies to the facts of this case. even in indian law under section 119 of the indian succession act the date of vesting of the legacy when possession is postponed is made clear by the language of that section. section 119 of the indian succession .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1980SC820; (1980)2SCC768; [1980]2SCR831
..... equalisation are not idle incantation but actuality, not me real but real, life. but can a university, acting within the constitutional parameters, create a new kind of discrimination viz., reservation for students of a particular university? the literal terms of article 14 do not tolerate it, the text of article 15 does not ..... environmentally, to develop his potential, each will be able, in his own way, to manifest his faculty fully. the philosophy and pragmatism of universal excellence through universal equal opportunity is part of our culture and constitutional creed.17. this norm of non-discrimination, however, admits of just exceptions geared to equality ..... other universities is left for open competition the delhi students cannot be made martyrs of the constitution.53. even so, 'reservation' must be administered in moderation, if it is to be constitutional. some central technical institutions like the all india institute of medical sciences, delhi and chandigarh and the pondicherry .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1980Bom280; 1989(24)LC677(Bombay)
..... remedy may be instituted, continued or enforced, any such penalty, forfeiture or punishment may be imposed as if the repealing act or regulation had not been passed'.in this connection, mr. bhatt relied upon the decision of the supreme court in universal imports agency v. chief controller of imports and exports : [1961]1scr305 . in that case by the reason of the indo ..... -french agreement d/- 21st oct., 1954, the govt. of india made the french establishments (application of laws) order (1954) under the foreign jurisdiction act (1947) applying the indian laws to pondicherry. the effect of that order .....
Tag this Judgment!Court : Chennai
Reported in : AIR1982Mad372; (1982)1MLJ143
..... analogy of the right of reversioner cannot be applied to the present situation.9. learned counsel for the appellant contended that the hindu succession act 1956 had been extended to the territory of pondicherry even in 1963, that the alienation by the father took place in 1969 and that, therefore, the appellant having a right to succeed ..... by his counsel, countered these submissions.6. it is, in this context, necessary to find out the legal position applicable to the hindus in the state of pondicherry. under the hindu law in force in that territory hindu sons did not acquire any interest in the father's property by birth, whether the property be the ..... functions of a notaire are not strictly identical with those of the officials empowered to register the documents under the indian registration act, however, as brought out in an article by l. neville brown of the university of lyons in vol. 11 1953, of the international and comparative law quarterly, it is possible to impeach the transaction .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : 1982(10)ELT895(P& H)
..... exercise of the powers conferred by sub-rule (1) of rule 8 of the central excise rules, 1944, as in force in india and as applied to the state of pondicherry, the central government hereby exempts rayon orv artifical silk fabrics falling under item no. 22 of the first schedule to the central excises and salt ..... in exercise of powers conferred by rule 8(1) of the central excise rules, 1944, no excise duty was payable by the petitioner concern under the central excises and salt act, 1944. the contents of the above noted notification are as under :'ministry of finance(department of revenue)notification central excisesnew delhi, the 24th april, 1962 g.s.r. 531.-in ..... act, 1944 (1 of 1944) and specified in column (2) of the table hereto annexed from so much of the duty as is mentioned in the corresponding entry in column (3) .....
Tag this Judgment!Court : Chennai
Reported in : (1983)2MLJ159
..... that explanation, the disciplinary authority, by its order dated 6th november, 1972, dismissed the appellant from service. the appellant thereafter filed an appeal before the government of pondicherry, on 9th december, 1972, and the appeal was dismissed on 30th january, 1973. thereafter the appellant filed a writ petition before this court for quashing the order ..... as per the inventory taken by him there was shortage of stock worth about rs. 93,542.91. the matter was enquired into by the vigilance department, pondicherry, at the instance of the director of industries. as a result of the said enquiry, the director of industries, who is also the disciplinary authority, framed four ..... gives ground for believing that he cannot act with an open mind and deal with the matter before him objectively, fairly, and impartially, any enquiry conducted by him is vitiated on the ground of personal bias. relying on the decision of the supreme court in dr. g. sarana v. university of lacknow and ors. : (1977) .....
Tag this Judgment!Court : Kerala
Reported in : AIR1984Ker101
..... maintains them, it has prima facie the power to regular, admission in its own institutions. counsel for the petitioner pointed out to us no provision from the university acts which deprives the government of the power of making rules for admission in its own colleges. that being so, it cannot be said that the government has ..... the government in exercise of powers conferred on it by the kerala university act. 1969 (act 9 of 1969). according to the learned counsel, chapter xlii of the 1972 statutes continues in force even after the repeal of the kerala university act 1969 by the kerala university act 1974 and a selection in violation of the first statutes of 1972 ..... be done it also for the government to consider. we are told that such entrance examinations are prevalent in at least three or four states, like bihar, pondicherry and andhra pradesh, and also in the vellore medical college. whether the candidates seeking admission can seek admission for all the specialised subjects or only for one .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1984AP199
..... all the engineering colleges of the three universities, namely andhra university, osmania university, venkateswara university and also to all the affiliated engineering colleges under private managements in the state of andhra pradesh other than minority educational institutions. ..... the real question is whether these private engineering colleges are subject to the control of the government. in k. s. ramamurthy v. chief commissioner. pondicherry : [1964]1scr656 their lordships observed thus:'it is submitted on behalf of the petitioner that if an authority is appointed by the government of india ..... tribes and backward classes and the andhra pradesh educations institutions (regulation of admission) ordr 1974.'in exercise of powers conferred under section 3 of act 5 of 1983, rules were framed regulating admission of students into engineering colleges in the year 1983 and hate rules are made applicable to .....
Tag this Judgment!Court : Chennai
Reported in : (1985)IILLJ133Mad
..... question is concerned it could not be disputed that the affiliation rules noted above are made in pursuance of the power conferred on the university by s. 44(3) of the university act. the rules therefore have force of law. it cannot be said that they constitute power of management only. the rules requiring the ..... of the 'college code' relating to the pay scale of teachers and their security of tenure properly fall within the statutory power of affiliation granted to the university under the act.' therefore, the college code in that case created rights. here clause 7 of the conditions creates rights. 15. in harijander singh v. kakatiya medical college ..... chidambaram in the name of 'nirmala matriculation school', with standards i to viii (english medium), under the management of the immaculate heart of mary society of pondicherry and tamil nadu during 1982-83, subject to the fulfilment of the conditions specified in the annexure to those proceedings. 14. the school was required to satisfy .....
Tag this Judgment!Court : Chennai
Reported in : (1987)1MLJ204
..... v. state of kerala : [1982]1scr519 to contend that the sixth and seventh tests in kewal krishan puri's case cannot be understood as laying down rules of universal application and must be confined to the facts of that case.33. percentages indicated cannot be relevant indices, but the aspect of quid pro quo is a relevant test ..... of kerala : [1982]1scr519 . it was held that the observations contained therein pertaining to quid pro quo are not intended and meant as laying down a rule of universal application and that this concept is undergoing a transformation. it was further observed that the element of quid pro quo stricto. sensu is not always a sine quo non ..... v. state of madras (1966) 1 m.l.j. 313 it was pointed out that the act is intended to provide a measure of safety to subscribers. a similar act enacted for pondicherry was also held to benefit subscribers c.c. fund v. union territory of pondicherry : air1972mad99 . hence, the concept of levy in relation to payer of fees spelt out in .....
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