Court : US Supreme Court
..... in by an earthquake, for there must be made good to the tenant a field that he can enjoy, oportere enim agrum proestari conductori, ut frui possit; but if any loss arises from defects in the thing itself, si qua tamen vitia ex ipsa re oriantur as if wine turns sour, or standing corn is spoiled by worms or page 120 u. s. .....
Tag this Judgment!Court : Patna
..... this court as to partial eviction, it is submitted that it was incumbent upon the court to consider the question of partial eviction whether pleaded or not and the court having not considered the same, the judgment stands vitiaed. .....
Tag this Judgment!Court : Mumbai
Reported in : (1904)ILR27Bom28
..... . for possession, in order to ripen into a prescriptive title, must be juridical and have none of the vitia possessions as clame vi aut precario .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1999MP134; 1999(1)MPLJ728
orderr.s. garg, j.1. the petitioner working as a lecturer with indira gandhi krishi vishwavidyalaya, raipur (for short `igkv'), being desirous of higher studies, made an application to the respondent no. 2 that she be permitted to go for the ph. d. course with the respondent no. 1 jawaharlal nehru krishi vishwa vidyalaya, jabalpur (for short 'jnkvv'). the petitioner made an application to the respondent no. 1, but the said application was not considered by the respondent no. 1, therefore, dr. k. c. gupta wrote a letter to the directorate of instructions of jnkvv. in response to the said letter on 10-7-98, the director of instructions informedsaid dr. k. c. gupta that in accordance with the brief information booklet, specially clause 11, a candidate having two degrees from jnkvv cannot be considered for admission to ph. d. degree of the university and as the petitioner was already holding two degrees viz.; b. v. sc. & a.h. and m. v. sc. & a. h. from the university, she was not considered for admission in the ph. d. programme of the university. being aggrieved by the communication and non-consideration of the petitioner's candidature for ph. d. programme, the petitioner has filed this writ petition seeking the reliefs that paragraph 11 of the said booklet filed at annexure p/5 be declared to be contrary to law and not affecting the rights of the petitioner, directing the respondents to allow the admission to the petitioner under veterinary pa-thology-ph. d. programme. according .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1969All378; [1968(16)FLR255]
oak, c.j. 1. the question for consideration in these four connected special appeals is whether a certain order passed by the governor of uttar pradesh appointing an interim vice-chancellor for sanskrit university, varanasi is valid. there is not much dispute about the facts. the admitted facts are these.2. the state government established at varanasi a university for the study of the sanskrit language by varanaseya sans-krit vishva vidyalaya act, 1956 (u. p. actno. xxviii of 1956, hereafter referred to as the act). the act was amended by the uttar pradesh universities act, 1961 (u. p. act no. xiii of 1961), the governor, uttar pradesh is the chancellor of the sanskrit university. the act empowers the chancellor to appoint a vice-chancellor for the university. shri a.n. jha, i. c. s. was the first vice-chancellor of the sanskrit university. he was succeeded by shri s. n. m. tripathi as the vice-chancellor. his term of office was to expire on 10-12-1965. a selection committee submitted the names of shri katre and two others for appointment as the next vice-chancellor. shri katre declined the offer for appointment as the nextvice-chancellor.on 9-12-1965 the chancellor appointed shri s. n. m. tripathi as an interim vice-chancellor for a period of six months. on 9-6-1966 the chancellor appointed dr. surendra nath shastri as an interim vice-chancellor. on 23-7-1966 the selection committee submitted three names to the chancellor for appointment as the next vice-chancellor. those .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1982MP116
g.p. singh, c.j. 1. the petitionerwas admitted as a student in the first year of b.v.sc. & a.h. course of the college of veterinary science and animal husbandry, jabalpur in the year 1977-78- by order dated 19th october 1981 issued by the registrar of the jawaharlal nehru krishi vishwa vidyalaya, jabalpur, in accordance with the decision taken by the academic council, the petitioner was rusticated from the university forthwith due to his acts of misconduct, cheating and forgery, as he secured admission in 1977-78 by presenting a copy of forged h.s.s.c. mark-sheet of madhya pradesh board of secondary education. by the same order the petitioner was debarred from seeking admission in any of the courses of the university in future and the courses passed by him since admission were also cancelled.2. applications in the prescribed form along with the required certificates and documents are submitted in duplicate for seeking admission to the first year b. v. sc. course. one application remains in the office of the dean of the college and the other application in the registrar's office. the petitioner was a candidate from the general category. the petitioner had secured only 54% marks in the h.s.s.c. examination which he passed in second division. in 1977-78 session the minimum percentage of marks on which admissions were made under the general category was 65.37%. on the basis of the marks obtained in the h.s.s.c. examination the petitioner had absolutely no chance for getting .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1995(0)MPLJ471
orderr.c. lahoti, j.1. the petitioner who is an advocate and also a citizen-resident of sidhi, a place situated within the educational territorial jurisdiction of the awadhesh pratap singh vishwa vidyalaya, rewa (hereinafter, the university, for short) and also a member of the court of the university, has filed this petition in dual capacity, as a public spirited citizen and as a member of the court of the university, vitally interested in the legal and lawful discharge of functions and duties cast on the academic council of the university. the petitioner challenges the advertisement dated 1-7-1992 issued by the university inviting applications for appointments to the posts of professors, readers and lecturers in different subjects and the constitution of the several selection committees constituted for making selections.2. on 1-7-1992, the respondent university issued an advertisement inviting applications from eligible candidates for appointment to the posts of four professors (one each in english, mathematics, psychology and environmental biology), six readers (one each in different subjects) and eight lecturers (one each in different subjects). the last date for reaching the applications was 3rd august 1992. the academic council in its meeting dated 27-8-1992 constituted several selection committees to conduct interviews of candidates for different subjects on different dates. according to the petitioner, the advertisements and the constitution of the selection committees .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1995MP75
v.d. gyani, j. 1. judicial review of staleaction by way of certiorari has been invokedby none else than the vice-chancellor of deviahilya vishwavidhalaya, indore. this courtis faced with a dispute in which academicadministrative law, delegated legislation involving constitutional law, natural justice allcome together on a high level of legal principles, veering ground the 'autonomy of auniversity' established under the m. p.vishwa vidyalaya adhiniyam 1973 (for short'adhiniyam').2. a fax message anx. p2 from the state capital, has prompted the petitioner to rush to this court for seeking relief-including interim one which was granted by order 22-1-94 as it was contended before us that nonotification as contemplated by section 52 of the adhiniyam was issued by the state govt. and published in the govt. gazzette.3. the state action was dubbed and denounced as an act of procedural impropriety, violative of elementary rules of natural justice. the challenge undoubtedly was not frivolous. even if a few including the petitioner, might have thought it to be well founded and fewer still might have been resolute enough to defy, at any rate, attempt to defy the interim orders passed by this court on 22-1-94 and 25-1-94 at the preliminary stage of hearing. it was possibly this order which led to filing of the nptification did. 21-1-94 issued by the respondent state govt., represented by shri g. m. chaphekar, sr. advocate with shri s. kulshrestha, learned addl. advocate general, although .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1991MP29; 1991(0)MPLJ189
faizan uddin, j.1. the order passed in this petition will also govern the disposal of misc. petition no. 4037 of 1989 (dr. (smt.) namrata seth v. state of m. p. and others); misc. petition no. 5256 of 1989 (dr. (smt.) namrata seth v. state of m.p. and 2 others); misc. petition no. 29 of 1990 (dr. (ku.) alka gupta v. state of m. p. and 2 others) and misc. petition no. 210 of 1990 (dr. sanjay kumar mishra and another v. state of m. p. and 4 others), as common question of law and facts arise in all these five petitions which may be disposed of by a common order.2. in all these five petitions filed under article 226 of the constitution of india, the controversy involved relates to the selection of candidates, distribution of seats and admission in post-graduate courses for the year 1989 in the medical college, jabalpur: the petitioner dr. (ku.) arifa almas in misc. petition no. 3966 of 1989, seeks quashing of the merit list of candidates who applied for m.d./ m.s. courses (annexure p-l), in so far as the inclusion of the names of respondents nos. 5 and 6, namely, dr. (ku.) namrata shrivastava (now dr. (mrs.) namrata seth) and dr. (ku.) sangeeta katihar are concerned in the discipline of surgery appearing at serial nos.m and 6 of merit list (annexure p-l); with a further direction that she be granted admission to the post-graduate courses in the discipline of surgery by up grading her name at serial no. 5 in the said merit list (annexure p-l). in misc. petition no. 4037 of 1989, .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1984MP98
c.p. sen, j.1. in this petition, the three petitioners challenge the declaration of the result, the valuation made for the pre medical test examinations held in the year 1983 by the respondents and also challenge the constitution of the madhya pradesh vvavasavik pathvakram pravesh pareeksha mandal, respondent no. 1 (hereinafter referred to as the 'mandal') and rule no. 1.8.10 framed by it, barring any application for revaluation of the papers.2. the respondent no. 1 mandal is a body constituted under the executive powers of the state government to hold entrance examinations for professional courses in medical and engineering colleges in the state of madhya pradesh. for this purpose the mandal framed certain rules and is conduction annual examinations for admission to these colleges every year. these three petitioners -- sahastra pal singh, kumari anita tiwari and saniay kumar -- appeared in the 1983 pre-medical test examination but none of them were declared successful. the petitioners' case is that the petitioner no. 1 is a science graduate and he was confident of clearing the examination but he was surprised to find that he was given only 187 marks out of total marks of 400. although petitioner no. 2 appeared in all the papers but when she applied for the mark-sheet, she was shown absent in all the four papers against roll no. 110125 which was not her roll number; she obtained a certificate from the dean, medical college. jabalpur from which centre she had appeared and sent .....
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