Court : Gujarat
Reported in : (2004)3GLR529; (2005)ILLJ484Guj
..... in a statute or any statutory provision is the determinative factor of legislative intent of policy makers.'in the decision reported in air 2003 sc 511 (bhavnagar university v. palitana sugar mill pvt. ltd.), the following observations were made by the hon'ble supreme court:'23. it is the basic principle of construction of ..... commissioner, the respondent no.1 has correctly passed the impugned orders. he contends that the orders under challenge are appealable under section 7i of the said act and the petitioner be directed to pursue the remedy of statutory appeal.6. learned advocate shri koshti appearing for respondent no.2 has also supported the ..... an industrial dispute demanding dearness allowance from the petitioner company. it appears that the respondent no.1 initiated proceedings under section 7-a of the said act against the petitioner in response to which the petitioner appeared before the respondent no.1 and submitted that there is no contribution outstanding due and payable and .....
Tag this Judgment!Court : Gujarat
Reported in : (2005)104GLR1
..... and features of the scheme unmistakably indicate that the petitioner was chosen by the ministry of education to act on its behalf i.e. government of india and it was nothing but an institution of the central government acting through the media of university. if that be so, the decision of the tribunal can be termed as erroneous.4.6. lastly ..... . sumalatha reported in jt 2003 (6) s.c. p.507 wherein it has been held as under :-'the terms and features of the scheme unmistakably indicates that the university - a centre of excellence chosen by the ministry of education, acts for and on behalf of government of india and the nodal centre is nothing but the reflection of central government ..... acting through the media of university. the entire funding is done by the central government and the nodal centre functions under the overall supervision and guidance of the lead centre attached to the .....
Tag this Judgment!Court : Gujarat
Reported in : (2004)190CTR(Guj)295; [2005]273ITR139(Guj)
..... of any person, any income fallingwithin any of the following clauses shall not beincluded - (1) ... ... ... .... .... ... ... (22) any income of a university or othereducational institution, existing solely foreducational purposes and not for purposes ofprofit. this clause was omitted by finance (no.2) act,1998 w.e.f. 1.4.1999 and the following relevantsub-clauses were added as parts of clause (23c) by ..... thesame amendment act:- (23c) any income received by any person onbehalf of - (i) .. ... ...... ... .... ... ..... (iiiab) any university or other educationalinstitution existing solely for educationalpurposes and not for purpose of profit .....
Tag this Judgment!Court : Gujarat
Reported in : (2003)3GLR1850
..... passed standard xth examination, with two technical subjects. as stated in paragraph 6 of the petition, the respondent institute was declared as a deemed university under section 3 of the university grants commission act, 1956, by notification dated 4-10-2002, which fact was conveyed by letter dated 10-10-2002 by the respondent no. 1 to the ..... .1 thus, the policy of laying down the requirement of admission on the basis of a.i.e.e.e., to the deemed universities notified under section 3 of the u.g.c. act, implemented by the government of india has a constitutional and statutory backing by virtue of entry 66 of the union list, article 73 ..... (a.lc.t.e,) can provide guidelines for admission of students to technical institutions and universities imparting technical education. as per guidelines for deemed universities under section 3 of the u.g.c. act, 1956, admissions to the identical courses in all deemed universities are required to be made on an all-india basis through a common entrance test. .....
Tag this Judgment!Court : Gujarat
Reported in : (2003)4GLR826; (2004)ILLJ438Guj
..... centres at different places with different projects and these daily rated workers were unskilled, semi-skilled, skilled and field labourers of different categories and as the university was a grant-in-aid institution fully funded by the state government it required proper permission/sanction of the state government for appointment of its employees. further ..... in service because he was age barred. he, therefore, urged that as the award was passed contrary to the statutory provisions of the gujarat panchayats act, 1963 ('the act' for short) and the pronouncements of the supreme court as well as of this court, it ought to have been set aside by the learned ..... petition. we have also considered the impugned judgment and award passed by the tribunal, judgment delivered by the learned single judge, statutory provisions contained in the act and the decisions cited at the bar.12. since mr. ajmera, learned advocate for the respondent has raised a preliminary objection about the maintainability of appeal .....
Tag this Judgment!Court : Gujarat
Reported in : (2003)2GLR1141
..... of justice in a service matter on hand. 2. the learned single judge has referred the question of constitutionality of the provisions of section 52 of the gujarat agricultural university act, 1969, ('act' for short). 3. the division bench of this court (coram : s.h. sheth and s.b. majmudar, jj. as they then were), in a decision ..... the division bench, we answer the question referred to us, accordingly, finding ourselves in agreement with the view that the provisions of section 52 of the gujarat agricultural university act, 1969, are not violative of articles 14 and 16 of the constitution of india. 7. since, unfortunately, the petition, pending for more than a quarter of ..... of arts. 14 and 16. it is further observed in the said decision, that the legislature has, in the act, treated and characterized a separate class out of the employees engaged in service with the gujarat agricultural university. 4. in bhudarbhai's case (supra), the contention was raised by an employee that on the day of .....
Tag this Judgment!Court : Gujarat
Reported in : (2003)4GLR40
..... plot nos. 930, 939, 941 and 877. the land admeasuring 2011 sq.m of the final plot numbers 930, 939 and 941 was allotted to the university employees' cooperative housing society limited (then proposed) [hereinafter referred to as, 'the society'], the petitioner in special civil application no. 845 of 1995, under section ..... its order dated 21st march, 1988. however, the said dhirajlal was permitted to make representation with respect to the extent of land acquired under the town planning act. the competent authority had agreed to consider such representation, if made. she has submitted that except the aforesaid limited inquiry, all other issues had become final ..... the said dhirajlal soni, his wife bhanumatiben soni and their daughter partimaben mukherjee preferred appeal no. 25 of 1993 before the tribunal under section 33 of the act against the order of the competent authority dated 22nd november, 1988. the said appeal was allowed by the tribunal under the judgement and order dated 28th january, .....
Tag this Judgment!Court : Gujarat
Reported in : AIR2003Guj231; (2003)3GLR2328
..... to whether the proceedings are required to be transferred to the tribunal constituted under the act or not. similarly, in the decision of 'sardar patel university v. patel & company' (1999 (2) guj lr 1264) (supra), the facts were that after the appointment of the arbitrator, the ..... upon the decision of this court in the case of 'sorathia velji ratna & co. v. gujarat agricultural university' (2000 (4) guj lr 3666) (supra) are ill founded inasmuch as in the said case application under the arbitration act was moved before the court for appointment of the arbitrator and at that stage, the matter was considered as ..... in 1999 (2) guj r, 1264 and in the case of 'sorathia velji ratna & co. v. gujarat agricultural university', reported in 2000 (4) guj lr 3666 to contend that even if the dispute is in respect of the contract prior to the act came into force, the matter is required to be transferred to the tribunal constituted under the .....
Tag this Judgment!Court : Gujarat
Reported in : (2003)4GLR3460
..... b (marks sheet of first semester)].4. he appeared in the ll.b. (special) (second semester) examination held in march-april, 2001 conducted by the respondent-university in all 7 papers; (1) paper no. iv-arbitration, conciliation and alternative dispute resolution systems; (2) paper no. v-intellectual property law; (3) ..... 1 3 hrs 70 30 100and limitation act,resolution systemv intellectual property 1 3 hrs 70 30 100lawvi legal language/legal writing 1 3 hrs 70 30 100including general englishpapers for practicaltraining schemevii moot ..... course will be as under:paper subject paper duration external internal totalno. exam. ass. marksfirst semesteri criminal procedure code 1 3 hrs 70 30 100juvenile justice act, andprobation of offenders actii law of evidence 1 3 hrs 70 30 100iii civil procedure code 1 3 hrs 70 30 100and limitation actsecond semesteriv arbitration, conciliation .....
Tag this Judgment!Court : Gujarat
Reported in : 2003(86)ECC485; (2003)1GLR128
..... himself would have contracted out of the statute which was for his benefit and the statute therefore would not have stood in the way of the university authorities in cancelling the candidature of the appellant.' 28. the facts of the cited decision are materially different and the scheme of safema where the competent ..... . the existence of alternative remedy is not always sufficient reasons for refusing a party of a quick relief by a writ or order prohibiting the authority acting without jurisdiction from continuing such action. technically, the authoritywho has issued the notice is authorized to issue notice under section 6, but the jurisdiction to ..... be confiscated by the competent authority vide order dated 30-6-1999. the competent authority, as per the scheme of section 7 read with section 19 of the safema act, ordered confiscation of following immovable properties : immovable properties : agricultural land : (1) land bearing survey no. 71 (paikee) admeasuring 4 acre, at village nudhatad, .....
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