Court : Supreme Court of India
Reported in : AIR1990SC2023; (1990)92BOMLR522; JT1990(3)SC552; (1991)ILLJ574SC; 1990(2)SCALE338; (1990)4SCC55; [1990]3SCR883; 1990(2)LC594(SC)
..... in making the said appointments. by his order dated february 22, 1986, the chancellor appointed a one-man committee under section 76 of the nagpur university act, 1974 (hereinafter referred to as the 'act') to inquire into the matter. the committee submitted its report on september 24, 1986 which was accepted by the chancellor.4. in the meanwhile, ..... the provisions of law by the division bench in bhakre's case (supra) was erroneous, it will have to be held that the appointments made by the university on march 30, 1985 pursuant to the law laid down in bhakre's case (supra) were not according to law. hence, the termination of the services of the appellants were ..... council decided to keep apart 17 posts and made permanent appointments only to 30 out of 47 candidates by its appointment orders issued on march 30, 1985 for the academic year 1985-86. as regards 17 posts which were kept apart for reserved candidates, it decided to fill in the same by temporary appointments for those posts pending .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2010(2)SCALE110
..... .10.1985 after re-framing the guidelines.4. the university challenged the judgment of the learned single judge before the division bench of the high court of calcutta and the division bench held in the impugned judgment and order that under section 21(xiii) of the burdwan university act, 1981 the executive council of the university was ..... the resolution and will not apply to any promotions made prior to 10.10.2002 because under section 21(xiii) of the burdwan university act, 1981 the executive council of the university could determine the terms and conditions of the service of the non-teaching staff of the colleges other than government colleges with the ..... . (see u.p. avas evam vikas parishad v. friends coop. housing society ltd.). 10. section 21(xiii) of the burdwan university act, 1981 is quoted herein below:21. subject to the provisions of this act, the executive council shall exercise the following powers and perform the following functions: (i) to (xii).... (xiii) to determine, with .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1989SC1582; JT1989(2)SC276; 1989LabIC1532; (1989)IILLJ161SC; 1989(1)SCALE996; (1989)3SCC132; [1989]2SCR454; 1989(3)SLJ50(SC); 1989(2)LC403(SC)
..... 9. learned counsel for the appellant put his contention in two ways : first, he said that on the true construction of the relevant provisions of the marathwada university act, 1974, the termination of -services of the respondent cannot be assailed for want of power or jurisdiction on the part of the vice-chancellor. counsel next ..... per this observation, the matter came up before the executive council in the meeting held on december 26/27, 1985. the executive council passed a resolution inter alia, ratifying the action taken by the vice-chancellor and confirming the dismissal of the respondent. this has added ..... there. the respondent moved the high court under article 226 of the constitution challenging his dismissal. when the writ petition first came up for hearing in november 1985, the high court took a very curious stand. it observed that the entire matter be placed before the executive council for taking an appropriate decision. as .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1998SC3321; JT1998(6)SC283; 1998(5)SCALE236; (1998)7SCC492; [1998]Supp1SCR550; (1998)3UPLBEC2029
..... their prior written approval to the proposed emoluments is obtained by the vice chancellor and placed before the board. the appellant-university, therefore, required prior approval of the state government for granting the above emoluments to the research assistants after declaring them as ..... . this note is on account of the statutes of the university framed under section 28(r) of the u.p. act 45 of 1958. under the statutes which have been framed by the appellant-university, clause 3(a) of chapter 25 provides for emoluments of ..... state government conveyed to the appellant-university the sanction of the state government to the revision of pay-scale of research assistants in the following manner:-(1) rs. 500-900 upto 31.12.1985; (2) rs. 1740-3000 w.e.f. 01.01.1986 to ..... 11.12.1989; and(3) the pay-scale of rs. 2200-4000 w.ei. 12.12.1989 to the research assistants, technical assistants and extension assistants of the appellant-university who possessed .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1989SC1803; 1989CriLJ2111; (1990)1GLR142(SC); JT1989(3)SC168; 1989(2)SCALE69; (1989)3SCC568
..... in exercise of the powers conferred by subsection (i) of section 3 of the gujarat prevention of anti-social activities act, 1985-hereinafter referred to as the 'act'-with a view to preventing the petitioners/detenues from acting in any manner prejudicial to the maintenance of public order in the area of ahmedabad city. all the grounds of detention ..... nawabkhan in respect of which no case was registered. the case shown under sl. no. 6 is a case registered only against ayubkhan nawabkhan under the prohibition act.7. it is, thus, demonstrably shown that the detaining authority has not applied his mind properly confining his consideration only with reference to incidents mentioned in the ..... against the detenu mehboobkhan are shown to have been considered for holding that the petitioner is a 'dangerous person' within the definition of section 2(c) of the act. these two cases are shown under sl. nos. 2 and 4 of annexure '. 'd', extracted above. it is not in dispute that this writ petitioner is .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2004(96)ECC97; 2004(171)ELT433(SC); JT2004(7)SC409; 2004(7)SCALE540; (2004)7SCC591
..... the central excise rules, 1944 (referred to as the 'rules') and section 3(3) of the additional duties of excise (goods of special importance) act 1957. the 1985 notification which replaced the 1983 notification was in similar terms except that the rates of excise duty and the categories of the cigarettes entitled to be exempted ..... 183itr1(sc) .25. it was in this manner that section 10 of the income tax act, 1961 was construed in oxford university press v. cit section 10 of the income tax act 1961 provides for the exclusion of income of a university or other educational institution constituted solely for educational purposes and not for purposes of profit. the ..... were different. in substance however, as far as the question of interpretation is concerned, there was no material difference between the 1985 and the 1983 notification. the necessity of our going into the other issues raised in these appeals would depend upon what interpretation we put on these notifications .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2005SC3631; JT2005(12)SC64; 2005(6)KarLJ161; 2005(8)SCALE80; (2005)12SCC508
..... reproduced below:-'38-c. power of authority to make allotment in certain cases. - notwithstanding anything contained in this act or in any other law or any development scheme sanctioned under this act, or city improvement trust board act, 1985 where the authority or the erstwhile city improvement trust board, bangalore has already passed a resolution in favour of any ..... contained in any grant or other transfer of any immovable property or any interest therein made by the board shall, notwithstanding anything contained in the transfer of property act, 1882 (central act 4 of 1882) or any other law, have effect according to their tenor.'42. first part of clause (1) of section 29 provides that the board ..... the bda and sites were formed by the appellant in the said 6 acres and 20 guntas of land and the sites were allotted sometime in the year 1985-86.9. after the formation of sites in said 6 acres and 20 guntas and their allotment the 1st respondent approached the high court of karnataka at .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1993SC1650; 75(1993)CLT842; JT1993(2)SC579; (1993)IILLJ297SC; 1993(II)OLR(SC)71; 1993(2)SCALE131; (1993)2SCC486; [1993]2SCR505; 1993(3)SLJ6(SC)
..... had arisen prior to the establishment of the tribunal, the proceedings stood governed by section 21(2)(a) and not section 21(1)(a) of the administrative tribunals act, 1985, which it had wrongly invoked. we, therefore, see no merit in this challenge.10. now even though the tribunal came to the conclusion that rule 14 did ..... not permit regularisation made under the impugned orders of january 3, 1985 and february 14, 1985, it, having regard to the long service put in by the employees named in the said two orders and on compassionate considerations has supported the ..... were irregular appointees but the orders do not say that all irregular appointees will stand regularised under the said orders. then, the first order of january 3, 1985 says that regularisation is being permitted on compassionate grounds which would depend on the fact-situation of each appointee. even if it is assumed that these irregular recruits .....
Tag this Judgment!Court : Supreme Court of India
Reported in : JT1998(5)SC560; 1998(4)SCALE584; (1998)7SCC619; 1999(1)SLJ216(SC); (1998)3UPLBEC2024
..... consideration. therefore, respondent no. 1 again sent a representation on 27.2.1985 to continue her in service and appoint her substantively by resorting to the provision contained in section 31(3)(b) of the uttar pradesh state universities act, 1973 (hereinafter referred to as the act) with effect from 1.7.1984 as she had already completed by then ..... two years and four months in service. the college management forwarded it with its recommendation to the vice-chancellor for his approval. on 29.3.1985 the university wrote to the college to send ..... the conclusion that no new post had come into existence before her services were terminated on 20.2.1985 then she did not have a right under section 3l(3)(b) to get that post.8. when the university informed the college that one of the conditions for affiliation was that there should be one lecturer in .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2006SC3127; JT2006(8)SC1; 2006(8)SCALE257; (2006)7SCC1
..... the ground that taking away judicial review from the high courts violated the basic structure doctrine but even section 28 of the administrative tribunal act 1985, providing for 'exclusion of jurisdiction of courts except the supreme court under article 136 of constitution' was also struck down.in the ..... the principles with which the constitution had to comply. constitutional principle viii provides: there shall be representative government embracing multi-party democracy, regular elections, universal adult suffrage, a common voters' roll, and, in general, proportional representation. 29. significantly, however, section 1(d) of the constitution incorporates ..... it was contended that submitting legislators to the authority of their parties was inimical to accountable, responsive, open, representative and democratic government; that universally accepted rights and freedoms, such as freedom of expression, freedom of association, the freedom to make political choices and the right to stand for .....
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