Court : Allahabad
Reported in : AIR1992All298; (1992)2UPLBEC1435
..... and the appointment of the saraf committee was, in normal course of business, the job of the vice-chancellor, but in taking the decision the vice-chancellor had acted at the dictates of the students and not according to his own discretion which he was supposed to exercise under the provisions of the university act and rules and regulations framed thereunder.46. ..... names of professors submitted by the students' union, who would be included in the enquiry committee, was accepted because there was involvement of staff, both academic and non-academic, of the university in the alleged use of unfair means by the petitioner and the students bona fide apprehended that a complete investigation may not be possible and it was for that reason that the chandrasekaran ..... the appointment of saraf committee and dissolution of the chandrasekaran committee at the instance of a group ofstudents can give a reasonable apprehension to every prudent man that the university was functioning under the influence of the complainants and the chandrasekaran committee was dissolved because of its impartiality, which was not liked by the agitating students and the ..... affidavit was filed on behalf of the petitioner through one vinaykumar, who has stated that the petitioner had not attributed individual bias against any member of the committee ..... under regulation 57.21.5 in chapter 57 of the regulations a committee appointed by the vice-chancellor has the power to enquire into the cases of ..... chapter 53 of the regulations .....
Tag this Judgment!Court : Supreme Court of India
Reported in : JT2004(5)SC72; 2004(6)SCALE75; (2004)12SCC673
..... of the constitution which has clothed this court with exclusive original jurisdiction to decide any dispute (a) between the government of india and one or more states or (b) between the government of india and any state or states on one side and one or more states on the other; or (c) between two or more states, has laid down as a condition for the exercise of such jurisdiction, that the dispute must involve any question (whether of any law or fact ..... of india-defendant 2 to discharge its constitutional obligation in implementation of the aforesaid direction in relation to the digging of canal and if within a period of one year syl canal is not completed by the defendant-state of punjab, then the union government should get it done through its own agencies as expeditiously as possible, so that the huge amount of money that has already been spent and that would yet be spent, will ..... to the federal structure under the constitution and opens doors for each state to act in the way it desires disregarding not only the rights of the other states, the orders passed by instrumentalities constituted under an act of parliament but also the provisions of the constitution ..... we conclude this chapter with a reminder to the state of punjab that 'great states have a temper superior to that of private litigants, and it is to be hoped that enough has been decided for patriotism, the fraternity of the union, and mutual consideration to bring it to an ..... : [1992]2scr183 was a case arising out of ..... viii .....
Tag this Judgment!Court : Supreme Court of India
Reported in : (2004)187CTR(SC)219; [2004]266ITR721(SC); JT2004(1)SC375; 2004(1)SCALE425; (2004)10SCC201
..... . dwivedi would contend that asby reason of the amendments carried out therein in terms of west bengaltaxation laws (amendment) act, 1992; remedial measures as regard thedeficiencies pointed out by this court in india cement(supra) and orissacement (supra) were taken by the state of west bengal , the high courtcommitted a manifest error in declaring the same unconstitutional.the learned counsel would urge that the decisions rendered by this court inindia cement (supra) and ..... . 170])the impost having regard to the definition of tea estate may be heldto be irrational as the same tea estate may contain a large number offactories, houses and other structures with little open land for teaplantations whereas a tea estate comprising the same area may have teaplantation only with no factory or houses situate thereupon.it is thus evident that the impugned levy has no nexus with ..... . generallyspeaking, it may be true that power to regulate would not carry with it thepower to impose tax but the same does not have an universal application.the question which would arise for consideration is whether constitutionalscheme expressly permits such a legislation but the question which shouldbe posed is as to whether the constitutional scheme prohibits enactment ofsuch ..... the last chapter deals with miscellaneous incidental ..... .(viii) as by reason of the impugned act, a uniform cess on quantity of tealeaves without regard to the quality, quantity or productivity of land hasbeen levied, the same .....
Tag this Judgment!Court : Mumbai
Reported in : 2001(2)ALLMR702; 2001ALLMR(Cri)1087; 2001BomCR(Cri)787; (2001)2BOMLR803; [2002(92)FLR118]; (2001)IILLJ1469Bom; 2001(3)MhLj616
..... of buildings owned and occupied by the establishment of airport authority and therefore, it was pleased to quash the letter dated 3.4.1992 and the respondent airport authority was directed to absorbrequired number of workmen in accordance with their seniority and rule 'last come ..... the respective matters (except mahindra and mahindra) and similar notification issued by the state government, in case of mahindra and mahindra, in exercise of the powers conferred by section 10 of the act, thereby prohibiting employment of contract labour in certain regions were subject matter of ..... the university and the high court was pleased to uphold the labour court award.it was pleaded by the university before the honourable supreme court that the university had no role in the management and control of the cafeteria, the employees were not appointed by the university ..... miscellaneous provisions ..... act which are the only penal provisions; the maximum punishment that can be awarded extends to three months.consequently the cases would ordinarily be tried by the procedure prescribed, for trial of summons cases by a magistrate, in chapter xx of the code of criminal procedure, which chapter does not contain a provision analogous to sections 227 and 245 as incorporated in chapters ..... definition of 'establishment' in this act, those would fall in the second category, whereas the petitioners are in the first category.the petitioners are prosecuted for contravention of section 7 and opening part of the said section .....
Tag this Judgment!Court : Allahabad
Reported in : (2004)3UPLBEC3070
..... states universities act is reproduced as under :-'notwithstanding anything contained in any other provision of this act :-(a) reservation of seats for admission in any course of study in university, institute, constituent college, affiliated college or associated college for the students belonging to the scheduled castes, scheduled tribes and other backward classes of citizens may be made and regulated by such orders as the state government may, by notification, make in that behalf:provided that reservation under this clause shall not exceed fifty percent ..... but, in our opinion, such reservation should in no even exceed the outer limit of 70 percent of the total number of open scale after taking into account other kinds of reservation validly made...........................the result is that in any event at least 30 per cent of the open seats shall be available for admission of students on all-india basis irrespective of the state or university from which they come and such admissions shall be granted purely on merit on the basis of either all- india ..... the provision relating to constituent and autonomous colleges have been provided under sections 41 and 42 of the act.chapter 8 of the act deals with the matter relating to admission and examination. ..... (viii) giving of such a preference is a matter of state policy which can be invalidated only in the event of being violative of article 14 of the constitution of india. ..... the apex court reported in (1992) 2 uplbec 1288, state of u.p. .....
Tag this Judgment!Court : Chennai
Reported in : AIR1996Mad204
..... of notice, the second respondent through the registrar filed counter-affidavit in which it is stated that anna university is a creature of anna university act (act 30) of 1978 and, therefore, it is an autonomous institution with its own curriculum, syllabus ..... sub-section (1) states that the university shall, subject to the provisions of the act and the statutes, be open to all persons, sub-section (2) specifically states that nothing contained in sub-section (i) shall require the university, (a) to admit to any course of study any person who do notpossess the prescribed academic qualification or standard; (b) to retain on the rolls of the university any student whose academic-'re-cord is below the minimum standard required for the award of a degree, diploma or other academic ..... or less, under the similar circumstances, when the high court issued a direction to admit a student to a medical course, the supreme court interfered with .such a direction and held in anupam gupta's case : [1992]1scr643 as follows: 'considering from this point of view to maintain excellence the courses have to be commenced on schedule and to be completed within the schedule, so the students would have full course to meet their ..... after service of notice on the respondents and number of adjournments, the said writ miscellaneous petition came up for orders and the advocate appearing for all the parties asked me to dispose of the main writ petition ..... ' (viii) an unreported decision of the division bench of .....
Tag this Judgment!Court : Mumbai
Reported in : 2009(111)BomLR624
..... the controller of examinations in the year 1999 and had sent a report dated 16-7-1999 to the police, pw 7 vishwas rajangaonkar, the state examiner of questioned documents had examined the questioned documents in these cases, pw 8 shri jageshwar saharia was acting as vice chancellor and claimed to have accorded sanction for prosecution of the university employees involved in the scam, pw 9 api laxman khobragade registered the offence, and pw 10 psi anil lokhande, the investigation officer.17. ..... learned counsel for the appellants that when a special law prescribes a special procedure, it eclipses general provisions, is unexceptionable, but it has to be noted that the maharashtra universities act does not prescribe any special procedure for carrying out investigation into the complaints about offences concerning the university examinations or for enquiries or trials for offences arising therefrom. ..... charge under section 120-b, indian penal code criminal conspiracy was made a substantive offence in 1913 by the introduction of chapter v a in the indian penal code. ..... it would not be open for him to allege that wrong marks were dictated and so he took down incorrect marks and, therefore, he ..... state of bihar reported at air 1992 sc 1939, it was held that unless it was established that forging of documents was within the knowledge and consent of the accused, the accused is entitled to acquittal of charge of forgery as ..... (i) to (iv) and (vi) to (viii) on the basis of the material ..... viii) original .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1970SC2079; 1970(0)KLT630(SC); (1970)2SCC417; [1971]1SCR734
..... he argued that what has been done by the kerala university act is to implement these suggestions in chapters viii and ix and particularly the impugned sections. ..... the kerala university act 1969 (which repealed and replaced the kerala university act 1957 (act 14 of 1957) was passed to recognize the university of kerala with a view to establishing a teaching, residential and affiliating university for the southern districts of the state of kerala. ..... it is conceded by the petitioners representing minority communities before us (and indeed they could not gainsay this in the face of authorities of this court) that the state or the university to which these institutions are affiliated may prescribe standards of teaching and the scholastic efficiency expected from colleges. ..... chapter viii is headed 'private colleges' and chapter ix 'miscellaneous'. ..... --a teacher of a private college shall not be disqualified for continuing as such teacher merely on the ground that he has been elected as a member of the legislative assembly of the state or of parliament or of a local authority:provided that a teacher who is a member of the legislative assembly of the state or of parliament shall be on leave during the period in which the legislative assembly or parliament, as the case may be, is in session.this enables political parties to come into the picture of the administration of minority institutions .....
Tag this Judgment!Court : Allahabad
Reported in : 2006(1)AWC992
..... internal university act, 2004 which, according to him, is a minority university incorporated in the state of ..... sri subramanium contended that azeez basha's case having itself found that minority can establish university, the mere fact that mao college was raised to level of an university by act of legislature shall not deprive the minority character of the institution nor the mere change of form of ..... in view of the findings recorded in- azeez basha's case that aligarh muslim university is not a minority institution, whether it was open to the parliament by legislative enactment to declare aligarh muslim university a minority institution according to article 245 of the constitution parliament may make laws ..... paragraph 36 for judging the validity of the validating act:(i) whether legislature enacting the validating act has competence over the subject- matter;(ii) whether by validation, the legislature has removed the defect which the court had found in the previous law; and(iii) whether the validating law is inconsistent (sic consistent) with the provisions of chapter iii of the constitution.113. ..... (viii) statute 8 of the statute framed under the act was referred to and relied in holding that even though the members of the court had to be muslims, ..... (viii) the university shall undertake an exercise of recasting the results of the examinations of 2005 and will ascertain thereby which of the cross appellants would have secured admission instead of which of the mohammdan students admitted .....
Tag this Judgment!Court : Chennai
Reported in : 2008(1)CTC545; AIR2008Mad127; 2008(3)AIRKarR210(FB); 2008(1)MLJ1217
..... comparing the central act namely, the aicte act and the state acts namely, the tamil nadu private colleges (regulation) act and the rules framed thereunder and the madras university act, the supreme court found that there was a conflict between and overlapping of the functions of the aicte and that of the university and therefore, to the extent of such inconsistency the provisions of the state acts are inoperative. ..... equipping them to teach at pre-primary, primary, secondary and senior secondary stages in schools, and includes non-formal education, part-time education, adult education and correspondence education;section 2(n) defines the term 'university' thus:'university' defined under clause (f) of section 2 of the university grants commission act, 1956 and includes an institution deemed to be a university under section 3 of that act.chapter ii provides for establishment of a council and chapter iii deals with functions to be performed by the council. ..... of the proviso to sub-section (5) of section 5 of the said act , it was contended by the state government that unless permission of the government to establish new college had been obtained from the state government, no medical college could be opened, even if such permission was granted by the medical council under the central act. ..... consequently, miscellaneous petitions are also ..... permission has been obtained by deception or fraudulent means, it would be open for the university to refer the matter to the ncte for appropriate action. .....
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