Judgment Search Results Home > Cases Phrase: state open university act 1992 chapter viii miscellaneous Page 14 of about 8,819 results (0.169 seconds)

Swam Mills Ltd., a Company Incorporated Under the Companies Act, 1956 ...

Court : Mumbai

..... section 88; (iii) to any person in respect of whom prosecution for any offence punishable under chapter ix or chapter xvii of the indian penal code (45 of 1860), the foreign exchange regulation act, (46 of 1973), the narcotic drugs and psychotropic substances act, 1985 (61 of 1985), the terrorists and disruptive activities (prevention) act, 1987 (28 of 1987), the prevention of corruption act, 1988 (49 of 1988), or for the purpose of enforcement of any civil liability has been ..... on or before the date of filing the declaration; (b) in a case where an order has been passed by the settlement commission under sub-section (4) of section 245d of the income-tax act or sub-section (4) of section 22d of wealth-tax act, as the case may be, for any assessment year, to any tax arrear in respect of such assessment year under such direct tax enactment; (c) to a case where no appeal or reference ..... declarations filed by the assessee on the ground that the assessments had become final in the year 1992-93 (when the assessee's appeals were dismissed for failure to predeposit self-assessed tax) and that the assessee had filed revisions under the income tax act and wealth tax act in november/december, 1998 only to obtain the benefit of kvss, which came into force with ..... the state of bombay reported in air 1954 sc 73, this court laid down that when a section contemplates pendency of an appeal, what is required for its application is that an appeal should be pending and in such ..... state ..... as stated above, .....

N. Sanjeevaiah and ors. Vs. Andhra Pradesh Agricultural University and ...

Court : Andhra Pradesh

Reported in : 1998(1)ALD324; 1998(1)ALT436

..... agricultural university act for the creation of additional posts and for regularisation of services of casual labour beyond the limit of vacancies available and the university has already addressed the government for sanction of necessary posts. ..... wherein the disparity in pay of the instructors working under adult and non-formal education scheme and the squadteachers employed under the social educationscheme formulated by the state of haryanawas the subject-matter of complaint, thesupreme court after referring to article 39of the constitution, observed: 'the purpose of the article is to fix certain social and economic goals for avoiding any discrimination amongst the ..... in the light of the above discussion, we are of the view that the authorities of the university and the state government cannot shirk from their duty to adhere to the principle of 'equal pay for the equal work. ..... the argument was repelled by referring to the 2nd proviso to section 7 of the said act and also the protection afforded by section 25j of the industrial disputes act, the learned judges proceeded on the basis that the appellant could not terminate the services of the writ petitioner for the reason that her rights as 'workman' were protected under chapter va of the industrial disputes act. ..... delhiadministration delhi, : (1992)iillj452sc . .....

Anees Ahmed and anr. Vs. University of Delhi and ors.

Court : Delhi

Reported in : AIR2002Delhi440

..... and directions all the writ petitions stand disposed of holding that the full time law teachers of the law faculty of the delhi university could not have enrolled themselves as advocates and, thereforee, enrollment given to the said teachers by the state bar council was per so void and illegal and any action taken by the bar council of india to rectify the said mistake ..... any such educational institution for the teaching of law, such employment shall, if the hours during which he is so engaged in the teaching of law do not exceed three hours, be deemed, for the purposes of the act and the rules made there under, to be a part-time employment irrespective of the manner in which such employment is described or the remuneration receivable (whether by way of a fixed amount or on the basis of any ..... of india on 9.8.97 cancelling and removing the name of the petitioner from the roll of advocates of the bar council with a further direction that it would be open to the petitioner to make a fresh application for enrolment as an advocate on his ceasing to be in employment.c.w. ..... reference could also be made to rule 49 of chapter ii, (standards of professional conduct and etiquette) section vii (restrictions on other employments) of the bar council of india rules which provides that an advocate shall not be a full ..... deoki nandan aggarwal, reported in air 1992 sc 96 wherein it is held as follows :- 'it is not the duty of the court either to enlarge the scope of the legislation or the intention of .....

Shri Mahadeo Sahebrao Jadhav Vs. University of Pune

Court : Mumbai

Reported in : 2004(1)ALLMR16; 2004(1)BomCR15; 2004(2)MhLj331

..... aforesaid affidavit of the petitioner dated 21st august, 2003 there is an affidavit in reply fled by the respondent university mentioning therein that some of the universities in the state of maharashtra might not have followed the amended provisions of section 20(1)(c) of the maharashtra universities act, 1994 and accordingly might have continued their officers beyond that tenure, which amendment came into force with effect from ..... anturkar, the learned counsel for the petitioner has therefore contended that the aforesaid amendment to section 20 of the maharashtra universities act, 1994 which came into force from 20th may, 2000 cannot take away the vested right of the confirmation of the petitioner in the said post of finance and accounts officer ..... vidya kisan gargote - : (2002)1bomlr805 wherein this court while interpreting the provisions of maharashtra universities act, 1994 dealing with the power of vice chancellor vis-a-vis management council has clearly held as under:-'the vice chancellor had no authority in law to unilaterally override the resolution of the management ..... that aggrieved by the order dated 7th august, 2002 passed by the civil court holding that the civil court has jurisdiction to try and entertain the suit filed by the petitioner, the respondent university had approached this court by way of civil revision application, and this court by its order dated 23rd september, 2002 had granted an ad-interim exparte relief in that civil revision application and had ..... 1992 .....

M. Sector Industries Charitable Trust Vs. State of Maharashtra and ors ...

Court : Mumbai

Reported in : 2000(3)ALLMR306; 2002(1)BomCR725

..... 'article 243-zf of the constitution provides that any provision of any law relating to municipalities in force in a state immediately before the commencement of the constitution (74th amendment) act, 1992, which is inconsistent with the provisions of part ix-a shall continue to be in force until amended or repealed by a competent legislature or other competent authority or until the expiration of one ..... petitioners that as per the proviso to clause 1 of article 243-q, an existing industrial area which is part of the municipal council is required to be separated and specified as an industrial township by amending the municipalities act within the period of one year from 1-6-1993 and as the state government has failed to comply with the said requirement, the township is deemed to be separated from the municipality automatically. ..... the jalgaon municipal council has submitted that as soon as that notification extending the boundaries of the jalgaon municipal council was issued by the state government on 11-9-1987, it has started levying property tax on the petitioner-units and it does not charge any water tax as is ..... aggrieved by the property tax bills issued by the municipal council, there is an alternate and efficacious remedy of filing an appeal before the lower court under the provisions of the municipalities act and this court has consistently held that such aggrieved parties must resort to such a remedy available at the doorsteps. ..... the 74th amendment, chapter ix-a was incorporated .....

R. Prasanna Kumar and Another Vs. State of Karnataka and Others

Court : Karnataka

Reported in : ILR1999KAR1378; 1999(3)KarLJ295

..... article 243zf says that the existing laws relating to municipalities in force in a state immediately before the commencement of the constitution (seventy-fourth amendment) act, 1992, which is inconsistent with the provisions of this part, shall continue to be in force until amended or repealed by a competent legislature or other competent authority or until the expiration of one ..... of a statute and referred the observations of lord davy in canada sugar refining company v rex, which reads:'every clause of a statute should be construed with reference to the context and other clauses of the act, so as, as far as possible, to make a consistent enactment of the whole statute or series of statutes relating to the subject-matter'.the supreme court affirmed the said view and also held that this ..... person elected as a president or vice-president in a casual vacancy to hold office for a remainder period.the learned counsel for the appellant contended that the words in sub-section (11) of section 42 of the act are very unambiguous and clear and it is capable of one construction only that the president and vice-president elected will hold office for a period of 30 months and no other view is possible. ..... chapter ii of the act deals with the constitution of municipalities, election ..... construction only then it would not be open to the courts to adopt any other hypothetical construction on the ground that such hypothetical construction is more consistent with the alleged object and policy of the act. .....

Govind Nagar Sugar Ltd. Vs. State of U.P. and Others

Court : Allahabad

Reported in : 2001(1)AWC65

..... by babhnan chini mills issued by an assistant engineer of public works department and certificate issued by block development officer, dumariaganj, filed by the petitioner mills were not found worth reliable by the state government and, therefore, the state government on telephone, ordered the district cane officer to make a local inspection and submit his report and in pursuance thereof, the district cane officer submitted a report on 12.1.2000 wherein he reported ..... the fact that sub-clause (2) of section 12 says that the cane commissioner shall examine every estimate and shall publish the same with such modification, if any, as he may make, which estimate in turn, is open to challenge under sub-section (3) of section 12 by filing a revision before the prescribed authority, makes it abundantly clear that the order passed by the cane commissioner under sub-section (2) of section 12 are final subject ..... , the orders of the cane commissioner are open to scrutiny under appeal by the state government under section 15 of the act, the influx of such petitions could not ..... the administrative machinery for the purpose of the act has been provided under chapter ii of the act which consists- of the sugarcane board as provided in section 3 which have to perform the functions ..... city, (1992) 3 scc 78, the hon'ble supreme court held that adopting literal construction in such cases would have resulted in defeating the very purpose of section 15c of income-tax act, 1992. ..... university of chicago press, .....

Gopi Lal Teli Vs. the State of Rajasthan and ors.

Court : Rajasthan

Reported in : [1995(71)FLR551]; (1995)IILLJ1064Raj; 1995(2)WLC1; 1995(1)WLN300

..... ' indus's case (supra) and rajasthan pul nigam's case (supra), large number of writ petitions have been filed without taking recourse to adequate, efficacious remedies contained in the act for violation of the provisions of chapter v-a of the act and these two judgments have, in fact, opened flood gate for filing large number of writ petitions arising out of industrial disputes directly in the high court without availing alternative remedy. 18. ..... upheld by the apex court and we should specifically like to refer to the observations of the apex court in the aforesaid case contained in para 4 of the judgment, which are as under: 'for the purpose of this case it is enough to state that the remedy provided for in article 226 of the constitution is a discretionary remedy and the high court has always the discretion to refuse to grant any writ if it is satisfied that the aggrieved party can have ..... (1-a) where the central government is of the opinion that any industrial dispute exists or is apprehended and the dispute involves any question of national importance or is of such a nature that industrial establishments situated in more than one state are likely to be interested in, or affected by, such dispute and that the dispute should be adjudicated by a national tribunal, then, the central government may, whether or not it is the appropriate government in relation to that dispute, at any time, by order in ..... examination in 1st division in 1980 from udaipur university. ..... on april 27, 1992 mr. .....

Branch Manager, State Bank of India, Commercial Branch and anr. Vs. Ch ...

Court : Andhra Pradesh

Reported in : 2006(1)ALD798; 2006(1)ALT20; III(2007)BC35; [2006]68SCL532(AP)

..... rules 1 and 2 c.p.c, was passed by the court below, injuncting defendants 5 and 6/appellants herein to proceed with the notification issued under section 13(4) of the act, which means that the state bank of india (defendants 5 and 6/appellants-herein) had already invoked its statutory jurisdiction provided under section 13(4) of the act and, as a result of which, the subject-matter of dispute with regard to the schedule property was brought into the fold of the ..... in chapter viii of the second report the narasimham committee deals about legal and legislative ..... , on measures having been taken under sub-section (4) of section 13 and before the date of sale/auction of the property it would be open for the borrower to file an appeal (petition) under section 17 of the act before the debt recovery tribunal.3. ..... report, the narasimham committee observed that the npas in 1992 were uncomfortably high for most of the public sector banks ..... as discussed earlier in this judgment, we find that it will be open to maintain a civil suit in civil court, within the narrow scope and on the limited grounds on which they are permissible, in the matters relating to an english mortgage enforceable without intervention ..... notification had been issued by the bank (defendants 5 and 6), exercising their jurisdiction under section 13(4) of the act, the only course open to the aggrieved persons, including the borrowers, the guarantors or any person/persons aggrieved thereof, is to proceed under section 17 of the act.28. .....

Ashoke Kumar Banerjee and ors. Vs. State of Jharkhand and ors.

Court : Jharkhand

Reported in : [2006(3)JCR171(Jhr)]

..... , dhanbad whereby the petitioner has been superannuated with effect from 30.9.05 on account of completion of 58 years of age and further for a direction upon the respondents-zila parishad to implement the direction of state government dated 26.10.2004 issued under the signature of the secretary, department of personnel and administrative reforms and rajbhasha, government of jharkhand, ranchi enhancing the age of superannuation from 58 years to 60 years.2. ..... unless and until it is suspended by any appointment, notification, order, scheme, rule, by-law or form made or issued under the provisions so re-enacted, 1972 rules which were framed under section 8(1) of the 1960 act to the extent they provided for the minimum qualification of the teachers, evidently survived the repeal by the ordinance in the year, 1974 and by the ..... petitioner's case is that the employees of zila parishad have already been conferred a government servant status at par with the employees of the state government and therefore, petitioner alongwith other employees of zila parishad are entitled to the same benefit and therefore their age of superannuation should also be increased from 58 ..... noticed that consequent upon changes as incorporated in 73rd constitution (amendment) act 1992 to bring it in conformity with the purposes and substances of direction the new act of 1993 was enacted repealing 1947 act and 1961 act. ..... chapter xvii of 2001 act speaks about repealing and savings of the earlier 1961 act and 1993 act .....