Court : Mumbai
Reported in : 2006(3)BomCR200; 2006(2)MhLj566
..... act') and the rules made in that behalf and further directed to restore respondent no.1 to his original post of head of the school and granting all benefits attached to the said post. 3. respondent no. 2 - shri vidya vikas mandal, mangalwedha (for short 'the institution or management') started the school in the year 1985- ..... a secondary school including night school or a junior college of education shall be a graduate possessing bachelor's degree in teaching or education of a statutory university or any other qualification recognised by government as equivalent thereto and possessing not less than five years' total full-time teaching experience after graduation in a secondary ..... in education in june, 1987. even if the contention of respondent no.1 that he was possessing bachelor's degree in education in 1987, of marathwada university is accepted, admittedly, there is nothing on record to show that he was not possessing five years' total full-time teaching experience after graduation in a .....
Tag this Judgment!Court : Mumbai
Reported in : 1999(3)ALLMR69; 2000(1)BomCR435
..... by filing the writ petition in the high court. however, on going through the provisions of section 66 of the maharashtra university act, 1994 (hereinafter referred to as the said act) all questions arising with respect to the admission are to be considered by the tribunal. it means that the questions whether ..... placed reliance on the provisions of section 66 of the maharashtra university act, 1994 which reads :---'the tribunal or tribunals constituted under sub-section (1) of section 58 for every university shall also be the tribunal or tribunals for any such university for adjudication of all the disputes relating to admissions to affiliated ..... chandra the apex court was considering the jurisdiction of the tribunals formed under the administrative tribunals act, 1985. but, those observations made with respect to those tribunals are equally applicable to other tribunals formed under different acts either central or state. these tribunals are the only courts of first instance in respect of .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1989Bom197
..... the b.ed, colleges in these writ petitions are all unauthorised colleges to which no affiliation was granted under the provisions of the nagpur university act , 1974 (for short the university act ). however , these unauthorised colleges gave admissions to the students for b.ed. course in 1986-87 with impugnity and the students also ..... petitioners, it is necessary to emphasise that if is the prerogative of the university under the university act to confer degrees and to conduct examination for the said purpose in accordance with the statutes and ordinances framed under the university act . the university is, therefore, a final authority to admit students to such an examination if ..... was necessary that only after proper security such students who were bona fide students of these unauthorised collages admitted when the academic session 1985-87 commenced or immediately thereafter and who had taken some instruction and training in these unauthorised colleges; should be allowed the benefit of the above .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1988Bom315; 1988(4)BomCR37
..... ; and in the case of the deans of faculties, and the members of the executive council and academic council to two terms by immediately amending the various university acts in operation in the state as elections to these offices and authorities are likely to be held soon. 2. it is also considered necessary to make provisions in ..... matter of policy with which we are not concerned. in this context a reference could usefully be made to the following observations of the supreme court in : [1985]1scr29 , maharashtra state board of secondary and higher secondary education v. paritosh bhupesh kurmarshetha.'16............... the court cannot sit in judgment over the wisdom of the policy ..... a statute, is beyond the scrutiny of courts. in this context the observations of the supreme court in t. venkata reddy v. state of a. p. : [1985]3scr509 are pertinent. this is what the supreme court has observed in para 14 of the said judgment.'14. ............... it is a settled rule of constitutional law that .....
Tag this Judgment!Court : Mumbai
Reported in : [2005]123CompCas60(Bom); (2005)3CompLJ221(Bom); [2005]60SCL297(Bom)
..... august 27, 2004, was passed. he based this submission on the fact that an appeal was pending before the aaifr under the sick industrial companies (special provisions) act, 1985 and in view of section 22(1) thereof which reads as under :'22. suspension of legal proceedings, contracts, etc.-(1) where in respect of an industrial ..... companies (court) rules.11. (iv) the proposed scheme under section 391 is not maintainable in view of the provisions of the sick industrial companies (special provisions) act, 1985 and in particular sections 18, 26 and 32 thereof.12. (v) in the facts and circumstances of the case, the company is not entitled to an order ..... been the intention of the legislature to stay the commencement or continuation of criminal proceedings. the company and its officers must face the consequences of their illegal acts. there seems to be considerable force in these arguments. if the intention of the legislature had been to stay the commencement or continuation of criminal proceedings, .....
Tag this Judgment!Court : Mumbai
Reported in : (1993)115CTR(Bom)73; [1994]207ITR252(Bom)
..... above decision if it is interpreted to have held so. reliance was also placed on the decision of the andhra pradesh high court in batta kalyani v. cit : [1985]154itr59(ap) , where it was held that the harmonious construction of the two parts of the proviso would be that if a person possesses technical or professional knowledge ..... the first condition, not otherwise. 28. the above view of ours gets full support from the decision of the karnataka high court in cit v. d. rajagopal : [1985]154itr375(kar) , where it was held that both the conditions of the proviso must be satisfied for excluding the income of the spouse from the operation of section 64( ..... is includible in the income of the assessee under section 64(1)(ii) of the income-tax act, 1961 ?' 2. the assessee is a practising physician and cardiologist. his wife, smt. jayashree j. mokashi, had passed first year arts of the bombay university and was employed by him as a receptionist-cum-accountant. during the accounting period, relevant to .....
Tag this Judgment!Court : Mumbai
Reported in : 1998BomCR(Cri)777
..... of charas, 20 ecstacy tablets and 3 grams of ecstacy powder which is punishable under sections 20(b)(ii) and 22 of the n.d.p.s. act, 1985. the prosecution had examined four witnesses in support of the charge. the accused/ appellant had examined himself in his defence. after hearing the accused/appellant and on ..... the laboratory had jurisdiction to analyse the sample from the states of tamil nadu, kerala, karnataka, andhra pradesh, maharashtra, madhya pradesh, goa, daman and diu and pondicherry. he also produced the decision taken in this behalf that in case of seizure of contraband for which facility of analysis is not available in the public health ..... contraband to cfsl. hyderabad. his further contention is that the machinery provided under the said rules has to be strictly adhered to since the violation of the act imposes stringent penalties. on the other hand, learned public prosecutor shri fariaurged before us that in the public health laboratory, panaji, goa there are no facilities .....
Tag this Judgment!Court : Mumbai
Reported in : 2006(1)ALLMR331; 2005(4)MhLj1095
..... -4-1988.'therefore, on 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. he also challenged publishing of the advertisement ..... at exh.r-2 which indicates that the order of appointment of the appellant as junior clerk is with effect from 1-7-1985. the order indicates that the appointment is made in pay-scale of rs. 762.70 (rs. 260-495) and d.a. of rs. 482/- plus ..... running an education institution namely shri chatrapati shivaji mahavidyalaya at shrigonda. that college is affiliated to university of pune since 1982. the appellant was working in the college as junior clerk, pursuant to the order of appointment sometime in 1985. the first order of appointment of the appellant in the junior college is produced on record .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1992Bom457; 1992(1)BomCR590; 1992(1)MhLj883
..... , 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. under section 58 of the said act, any person aggrieved by the election of any person, has a right to challenge the same before the state government by ..... bank election case 1989 ctj 45 bom thereafter, referred to two supreme court decisions viz.--(i) lakshmi charan sen v. a.k.m. nassan uzzaman, reported in air 1985 sc 1233; and(ii)s. t. muthusami v. k. natarajan, reported in : [1988]2scr759 .relying upon the said decisions the learned judges in osmanabad bank election ..... 's case (supra), the supreme court relied upon its earlier observations in laxmi charan sen's case reported in air 1985 sc. 1233. however, in my view, the position under the maharashtra co-operative societies act, 1960 and particularly under the 1971 rules is entirely different and, therefore, i would rather prefer to rest my conclusion .....
Tag this Judgment!Court : Mumbai
Reported in : 1996(2)BomCR120
..... of service are concerned, the power to lay down the conditions of service of the government servants vest in the state government and, as regards others, in the universities under the university acts. 67. the tenor of the judgment is that the scheme of the u.g.c. is only recommendatory in nature and therefore, only because it is provided ..... employees concerned cannot ipso-facto get the benefit of the said age of retirement unless the state government accepts and revises it for its employees and the universities for other under the universities acts. it is pointed out in para 4 of its judgment that as per the circular of the government of india dated 17-6-1987, the adoption ..... or revision of the same, we have valuable guidance from the judgment of the supreme court in the case of k. nagraj v. state of andhra pradesh : (1985)illj444sc , in which the deduction of age of retirement of government servants from 58 to 55 years was challenged as arbitrary and irrational. in para 7 of the said .....
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