Court : Rajasthan
Reported in : RLW2003(4)Raj2284; 2003(3)WLC137
..... wales, university of melbourne, dalhousie university etc., are recognised. 10. it is queer logic that ..... of various foreign universities even though they are admitting students with colour vision deficiency or colour blindness. the second schedule to the indian medical council act, 1956, reveals that bachelor of medicine and bachelor of surgery from university of bristol, university of leeds, university of liverpool, university of london, university of oxford, university of sheffield, university of wales, university of edinburgh, university of glasgow, university of dundee, university of new south .....
Tag this Judgment!Court : Rajasthan
Reported in : 2003WLC(Raj)UC783; 2003(3)WLN622
..... marks sheet issued by the higher secondary course certificate of the authority of the government of tamil nadu and ex. 3, a copy of marks sheet issued by the banglore university. from ex. 3 it is established that deceased rajkumar passed 1st year, b.e. (annual scheme examination) in november, 1985. thus it is established that at the relevant ..... rs. 65,000/-. the tribunal allowed a sum of rs. 3,000/- as consolidated interest which cannot be justified in view of the provisions of section 171 of motor vehicles act, 1988 as discussed hereinabove.7. in s.b. civil misc. appeal no. 439/93, injured claimant munna lal sustained six injuries in the said accident, including fracture of ..... the apex court observed that the compensation asked for by the claimants is very much on the lower side. the second schedule to section 163-a of the motor vehicles act, 1988 provides notional income of rs. 15,000/- per annum in the case of non-earning victims of road accidents. even if this amount is taken to be the .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR2003Raj209; 2003(2)WLC47
..... 14-a reveals that the government is empowered to terminate the appointment of trustee if the government thinks it proper in public interest. 23. section 18 of rajasthan generalclauses act, 1955 reads as under : 18. power to appoint includes power to suspend, remove or dismiss :-- where, by any rajasthan law, a power to make any appointment ..... the order dated 12-4-2002 has been passed by the state government. 6. learned counsel for the petitioner further referred section 15 of the urban improvement trust act, 1959 wherein a trustee can be removed from the trust on the following grounds which are reproduced as under : 15. removal of trustees-- (1) the state ..... act, 1955. the question of opportunity of hearing does not arise in such a situation. 14. in support of his contentions learned counsel for the respondents mr. mohd. rafiq aag has referred the judgments of om narain agarwal v. nagar palika shahjahanpur, air 1993 sc 1440, dr. s.d. kapoor v. chancellor, jai narain vyas university jodhpur .....
Tag this Judgment!Court : Rajasthan
Reported in : 2003(2)WLC593; 2003(1)WLN152
..... not proper. the making of ordinance has to be in accordance with the provisions provided by the jai narain vyas university act, 1962 (hereinafter referred to as 'the act of 1962').8. section 24 of this act provides that when syndicate passes a particular ordinance, then it has to be submitted to senate and senate has to ..... is sought to be given currency. this fact is not unknown to the university authorities who have sought to implement career advancement scheme. though, the university has taken an exercise to amend ordinance 317 under section 24(1) of the jai narain vyas university act, 1962 but while submitting reply to the present writ petition they have chosen ..... to take a stand which is in fact contrary to the stand of the university. nonetheless is a very important deviation. it says that promotional posts are different .....
Tag this Judgment!Court : Rajasthan
Reported in : 2003(1)WLC528; 2003(2)WLN566
..... 1scr970 , the hon'ble supreme court held that whether the provision is mandatory or directory, depends upon the facts of each case and no general principle of universal application can be laid down. the relevant factors to determine the issue are the purpose for which the provision has been made and its nature, the intention of ..... : [1959]35itr190(sc) ; mademsetty satyanarayan v. g. yelioji rao, : [1965]2scr221 ; associates hotels of india ltd. v. sardar ranjit singh, : [1968]2scr548 and sikkim subba associates v. state of sikkim, : [2001]3scr261 .30. in lachoomal v. radhey shyam, : [1971]3scr693 , the hon'ble supreme court held that 'every one has a right to waive and to ..... , if by holding them to be mandatory, serious general inconvenience is caused to innocent persons or general public, without very much furthering the object of the act, the same would be construed as directory.23. the real test to determine whether the provision is mandatory or directory is, if non-compliance with the .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR2003Raj158; 2003(1)WLC793
..... 5a and note 2.28. in support of her submissions, she placed reliance on the judgment reported in, air 1996 sc 1011 (mrs. valsamma paul v. cochin university) and referred head note e wherein it has been held by the hon'ble supreme court that who could claim--candidate born in forward class--transplanted in backward class ..... the adopted sons are not having any legal right for admission. no specific indication has been given in the eligibility criteria.44. as defined in rajasthan general clauses act, 1955 that 'son' in the case of any one whose personal law permits adoption, shall include adopted son meaning thereby that adopted son in view of section 32 ..... is concerned after adoption the natural father of the petitioner is late shri hajari prasad.11. learned counsel for the petitioner has mentioned the provisions of rajasthan general clauses act 1955 wherein son is defined that 'son' in the case of any one whose personal law permits adoption, shall include an adopted son.'12. he also referred .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2003(3)Raj1755; 2002(5)WLN269
..... public service and prohibit irregular appointments in offices and establishments under the control of the state government, local authorities, public corporations and universities etc. 3. in brief, the scheme of the act is that all services in any office established under the state government, local authorities, a govt. company or undertaking wholly owned ..... such body under law and that include a power to constitute and regulate the services under such university or institution, or other body by making law in that respect. the provisions can be made within the act under which such body/institution has been established or law may be made independent of it. ..... any law made by the state legislature whether incorporated or not including a university, would be included in the definition of public service for the purposes of the act where the state has necessary authority to establish such other body or university by enacting a law. legislative competence carries with it necessary authority to .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2003(2)Raj884
..... one desirous of starting an institution purely for the purposes of educating the students could do so but sections 22 & 23 of the university grants commission act which prohibits the award of degrees except by a university must be kept in mind.'as regards third question, the apex court (per mohan,j.) held as under:-'76. applying these tests ..... .2001 notifying first counselling scheduled in between 27th to 31st august, 2001, would not it have been absolutely illegal & contrary to the mci regulations and act, itself, besides the university of rajasthan ordinance 272, because'the petitioner institute was nowhere in sight having requisite permission under section 10a of the mci ..... competence under list iii entry 25 is subject to standards of education laid down under the act. further power u/s. 20 of the mci act to prescribe minimum standards of pg medical education is not merely advisory in nature but universities are bound to be guided by the standards prescribed in view of articles 245, 246 and .....
Tag this Judgment!Court : Rajasthan
Reported in : 2002(4)WLN182
..... are being quoted here:3. restrictions on appointments of teachers and officers:(1) notwithstanding anything contained in the relevant law, as from the commencement of this act, no teacher and no officer in any university in rajasthan shall be appointed except on the recommendations of the selection committee constituted under section 5.(2) save as otherwise provided in sub-section (3), every ..... lecturer and subsequently as lecturer. it was further submitted that with effect from 21.7.1974, the state legislature enacted rajasthan universities teachers and officers (selection for appointment) act, 1974 (hereinafter referred to as the 'the act of 1974') and under the act of 1974, the appointment of 'teachers' and 'officers' as defined in section 2(ix) and 2(iv) respectively can be made .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2003(2)Raj1237; 2002(5)WLN561
..... antithesis of arbitrariness. procedural safeguards of requirement of natural justice is provided. we may usefully refer the decision of the apex court in basudeo tiwary v. sido kanhu university, 1998 (8) scc 194. accordingly, we uphold the constitutional validity of the provision.12. as far as the challenge to sub-section (11) is concerned, ..... therefore, in our view, the provision is intravires of the constitution of india.13. from the above discussion, it clearly emerges that section 78 of the act has been enacted with a view to check evasion of tax by transporters who are found carrying goods with fake bilties, incomplete documents and under suspicious names. ..... certain checkposts on contract basis. section makes provision of transit pass for goods in transit passing by road through the state. on repeal of rajasthan sales tax act 1954, the provisions of section 22-a, which provided for establishment of checkpost or barrier and inspection of goods while in movement, have been incorporated in .....
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