Judgment Search Results Home > Cases Phrase: state open university act 1992 chapter viii miscellaneous Page 6 of about 8,819 results (0.155 seconds)

Harinarayan G. Bajaj Vs. Union of India (Uoi), Through Secretary, Mini ...

Court : Mumbai

Reported in : 2008(1)ALLMR604; 2008(2)BomCR780; [2009]147CompCas579(Bom); [2008]82SCL79(Bom)

..... such a legislation must be construed in a purposive manner having regard to the object, purpose and also underlying the legislation; and submitted that the securities and exchange board of india act, 1992 and the securities and exchange board of india (substantial acquisition of shares and takeovers) regulations, 1994, being regulatory in nature, therefore, in construing a regulatory statute, the principle of purposive interpretation must ..... 113 eg) i think the proper course is in the first instance to examine the language of the statute and to ask what is its natural meaning, uninfluenced by any considerations derived from the previous state of the law, and not to start with inquiring how the law previously stood, and then, assuming that it was probably intended to leave it unaltered, to see if the words of ..... laid down in raghunath bareja's case, it is quite clear that there is no equivocality, but there is difficulty to see how the words are incorporated in regulation 3(d) of the 1994 regulations:nothing contained in chapter iii of these regulations shall apply to acquisition of shares in companies whose shares are not listed on any stock exchange.91 ..... . on the other hand, several new provisions were introduced enabling both negotiated and open market acquisitions, competitive bids, revision of offer, withdrawal of offer under certain circumstances and restraining a second offer in relation to the ..... a decision of this court in universal imports agency (universal imports agency v .....

Mrs. Asha Anilkumar Kataria Sole Proprietor of Kat Stocks Through Its ...

Court : Mumbai

Reported in : 2007(4)ALLMR355; III(2008)BC149; 2007(5)BomCR125; (2007)109BOMLR1273; 2007(4)MhLj149; [2008]81SCL477(Bom)

..... will attract a dispute between two non-members.we may state here that while deciding the issue regarding jurisdiction of civil court, learned single judge has neither referred to relevant provisions which create a bar against the jurisdiction of civil court, which we have discussed at length in the earlier part of this judgment and he has also not referred to section 21 of sebi act, 1992 which dilutes bar of jurisdiction created by section 20-a ..... general obligations and responsibilities (chapter iv), procedure for inspection by the board (chapter v) and the procedure for action in case of default (chapter vi) as applicable to the brokers, are made applicable to the sub-brokers by regulation 16 (all these provisions are referred from bharat's ..... remedy for its enforcement provided, without expressly excluding the civil courts' jurisdiction, then both the common law and the statutory remedies might become concurrent remedies leaving open an element of election to the person of inherence.the observations of the supreme court in the matter of rajasthan state road transport corporation v. ..... for the sake of convenience, we reproduce opening part of the said bye-law.all claims (whether admitted or not) difference and disputes between a member and a ..... the opening part ..... relied upon for the purpose of propounding a submission that even disputes between two non members are regulated by the regulations/bye-laws of sebi/recognized stock exchange, we have quoted only opening part of regulation no. .....

M/S. Noble Resources and Trading India Pvt. Ltd. Vs. Union of India an ...

Court : Mumbai

..... reasons, we are of the view that the director general of foreign trade was within his powers in issuing the public notice dated 31 march 2011, stating that depb benefits shall not be available on the exports of cotton, but he could not have done so with retrospective effect from 21 april 2010 ..... in exercise of the powers conferred by section 4 of the foreign trade (development and regulation) act 1992 has formulated the foreign trade policy for 2009-2014. ..... no.22c and 22d of the product group 'miscellaneous' with respect to shipments made on or after 21 april 2010 shall have only prospective effect and shall stand set aside to the extent to which it operates for the period from 21 april 2010 prior to ..... of the petition in the following terms : (i) the public notice issued by the director general of foreign trade on 31 march 2011 stating that the export of cotton shall not be entitled for depb benefits even under depb entry sr. ..... the submission of counsel appearing on behalf of the petitioner is that it was not open to the director general of foreign trade to withdraw the benefit accruing under the depb scheme on the exports of cotton retrospectively with effect from 21 april 2010 by issuing a public notice dated ..... behalf of the petitioner submitted that the grant of depb benefits is governed under the substantive provisions of chapter iv of the foreign trade policy. ..... chapter iv of the policy contains provisions for duty exemption and inter alia covers the duty entitlement passbook .....

Transcore Vs. Union of India (Uoi) and anr.

Court : Supreme Court of India

Reported in : AIR2007SC712; 2007(1)ALD109(SC); I(2007)BC33(SC); [2007]135CompCas1(SC); (2007)1CompLJ1(SC); 2006(5)CTC753; 135(2006)DLT151(SC); (2007)1MLJ929(SC); 2006(12)SCALE585; (2008)

..... mastan (supra), section 167 of the mv act statutorily provides for an option to the claimant stating that where death or bodily injury gives rise to a claim for compensation under the mv act as also under the 1923 act, the person entitled to compensation may, without prejudice to the provisions of chapter x, can claim such compensation under either of the two acts but not under both. ..... the npa act is made in addition to the companies act, 1956, the sebi act, 1992, the drt act, 1993 as well as the securities contracts (regulation) act, 1956 and, therefore, the doctrine of election has no application in this case. ..... that is why the 'removal of difficulty clause', once frowned upon and nick-named as 'henry viii clause' in scornful commemoration of the absolutist ways in which that english king got the 'difficulties' in enforcing his autocratic will removed through the instrumentality of a servile parliament, now finds acceptance as a practical necessity, in several indian ..... he submitted, that a creditor is entitled to choose one or more cumulative remedies open to him, unless precluded by statutory provisions or by the doctrine of election; that in the absence of any bar, it is open to the creditor to choose one or more of the cumulative remedies. .....

Hindustan Engineering Corporation, Jaipur Vs. Rajasthan Financial Corp ...

Court : Rajasthan

Reported in : AIR1991Raj40; 1990(1)WLN537

..... section 48 of the act is an enabling provision under which the board may after consulation with the development bank and with the previous sanction of the state government make regulations not inconsistent with the provisions of the act of 1951. ..... is a decentralised scheme of the industry and for that purpose, the financial corporation has been established under the act of 1951, to achieve the objects laid down in the constitution of india. ..... state of rejasthan (1971 wln 15j) (said) that every act including the act of eviction should be taken according to law and the principles of due process of law should be ..... particularly, the preamble and chapter iv of the constitution of india. ..... is not necessary to frame the rules and regulations under section 48 of the act and corporation can function without the rules. ..... the matter of realisation it is necessary to take the management and possession of the property under section 29 of the state financial corporation act, 1951.3. mr. ..... the present time one should not expect from a judge that he will act like mason putting brick on the brick. ..... even a judicial act if done arbitrarily can be checked and similarly every act done by the corporation can be checked if done ..... bihar state financial corporation (air 1989 sc 1551). ..... is no allegation of any arbitrariness or mala fide act done by the corporation. ..... further submits that such a right can be enforced by taking recourse to the ordinary law contained in the transfer of property act and the civil p.c. .....

Prof. S.N. Hegde Vs. the Lokayukta and ors.

Court : Karnataka

Reported in : ILR2004KAR3892; 2004(3)KarLJ505

..... (v) what has come as a surprise is the tact that the petitioner has come up with this writ petition, when the lokayukta has stated in his report itself, that the vice-chancellor cannot be removed from his office unless an enquiry is held as provided under section 14(7) and (8) of the karnataka state universities act, 2000, by appointing a judge of the high court or supreme court to enquire into his conduct and decide on his removal or otherwise on the report ..... . statutes part 'a' framed and notified under the karnataka state universities act, 1976 which is applicable to the karnataka state universities act, 2000 also, on which reliance was placed provides at 17.3 adaptation of government order relating ..... chapter viii deals with appointment of teachers and other, employees of the university; qualifications for such appointments, promotions, appointment of part-time posts, temporary appointment, appointment of non-teaching, ministerial and other staff chapter ix deals with inter university ..... .(3) where two or more upalokayukta are appointed under this act, the lokayukta may, by general or special order, assign to each of them matters which may be investigated by them under this act:provided that no investigation made by a upalokayukta under this act, and no action taken or things done by him in respect of such investigation shall be open to question on the ground only that such investigation relates to a matter which is not assigned to him ..... chapter xiv deals with miscellaneous ..... 1992-93 .....

Committee of Management Kanya Junior High School Bal Vidya Mandir, Eta ...

Court : Supreme Court of India

Reported in : AIR2006SC2974; JT2006(7)SC562; 2006(8)SCALE222; (2006)11SCC92

..... dubey, zilla basic siksha adhikari, etah, in which a preliminary objection has been taken that this appeal is not maintainable because under chapter viii rule 5 read with chapter ix rule 10 of the allahabad high court rules, the writ petitioner had to exhaust the remedy of a special appeal before the division bench ..... article 30(1) is to see the desire of minorities being fulfilled that their children should be brought up properly and efficiently and acquire eligibility for higher university education and go out in the world fully equipped with such intellectual attainments as will make them fit for entering public services, educational institutions imparting higher instructions including general ..... in respect of any judgment, order or award (a) of a tribunal court or statutory arbitrator made or purported to be made in the exercise or purported exercise of jurisdiction under any uttar pradesh act or under any central act, with respect to any of the matters enumerated in the state list or the concurrent list in the seventh schedule to the constitution, or (b) of the government or any officer or authority, made or purported to be made in the exercise or purported ..... jains should be treated to be a minority under section 2(c) of the national commission for minorities act, 1992 came up for consideration before a three-judge bench of this court in bal patil and anr. ..... in view of the judgment of the division bench whether it was open to the learned single judge of the high court to take a .....

Sanjiv Gajanan Punalekar and ors. Vs. Union of India and ors.

Court : Mumbai

..... pre-matric scholarship for studies in a government or private school from class i to class x, is to be given to a student - i) who is from a minority community as notified under section 2(c) of the national commission for minorities act, 1992; ii) who has secured at least 50% marks in the previous final examination; and iii) whose parents/guardian are having annual income from all sources not exceeding rs.1 lakh 30% scholarships are earmarked for girl students. 6. ..... khambatta, learned additional solicitor general that when the main thrust of eleventh five year plan is for inclusive growth and when article 46 of the constitution requires the state, interalia, to promote with special care the educational and economic interests of the weaker sections of people, the above differentia have a rational nexus with the object of achieving inclusive growth. 40. in ..... similarly, university grants commission, which is funded by the government of india, has introduced a number of junior research fellowships in engineering and technology, apart from junior research fellowships in sciences, humanities and social sciences, which are open to all the eligible candidates from every ..... educational status of muslims (sachar committee report chapter 4) muslims lag behind most other communities both at the school level as well as at the graduation/post-graduation ..... (viii) students of other communities in similar situation have the benefit of similar schemes implemented by the government which are open to all .....

Alka Synthetics Ltd. Vs. Securities and Exchange Board of India and or ...

Court : Gujarat

Reported in : [1995]95CompCas663(Guj)

..... penalty on an exempted establishment under the employees' provident funds and miscellaneous provisions act, 1952, was existing under section 14(2a) of the act where such exempted establishment has contravened any of the conditions subject ..... while it is necessary to give opportunity to the affected persons in terms of the principles of natural justice, it decided to dispense with the formal prior hearing, however it left it open to the aggrieved parties to make a written representation within fifteen days of receipt of the intimation of the order from the respective stock exchange and such representations were to be decided by ..... where the statute itself has provided penalties to be levied in the case of breaches of the provisions of the act, rules or regulations under chapter va, it has specifically provided under section 15-i that for the purpose of adjudging any breaches pointed out in sections 15a to 15h, the ..... 1995, was stated to be : '(a) whether there are any circumstance which would render any person guilty of having contravened any of the regulations of the securities and exchange board of india (prohibition of fraudulent and unfair trade practices relating to securities markets) regulations, 1995; (b) whether any provisions of the securities and exchange board of india (insider trading) regulations, 1992, have been ..... to defray the costs of remedial measures can also be looked into from another angle, which has now come to be accepted universally as a sound principle, viz. .....

Smt. J.K. Kalra Vs. Regional Inspectress of Girls Schools, Meerut and ...

Court : Allahabad

Reported in : AIR1997All44; (1996)3UPLBEC1691

..... in the aforesaid cases, the provisions of kerala university act, gujarat university act, andhra pradesh recognised private educational institutions control act, 1975, the delhi school education act, 1973 and the bihar state madarsa education board act, which are analogous to s. ..... air 1966 sc 1307 was not brought to the notice of the division benches and that the regulations 25 to 37contained in chapter iii of the regulation framed under the act provide sufficient guidelines for exercise of power conferred upon the district inspector of schools and same was not it by art. ..... for taking of the prior approval of the district inspector of schools in writing before discharging, removing or dismissing from service or reducing in rank or subjecting to any diminution in emoluments or terminating the service of a teacher of a recognised institution under the act'?after the question of law itself has been framed by the full bench it is now not open to reconsider that the order requesting the chief justice to refer the matter toa larger bench was incompetent. ..... regional inspectress of girls school, (1992) 1 uplbec 598, the learned judge held that section 16-g(3)(a) is applicable to minority institutions as well ..... regional inspectress of girls schools, (1992) 1 uplbec 598 and considering the various decisions of the supreme court it was held that the requirement of obtaining prior approval of inspector by a committee of management of minority institution is valid, and the decisions of this court .....