Court : Chennai
Reported in : 1997(2)CTC87; (1997)IILLJ287Mad; (1997)IIMLJ547
..... 1489, education department dated november 5, 1980, which has been extracted above. the said government order has been struck down by this court. when act 18 of 1976 and tamil nadu university act, 1923 define 'teacher' including 'librarians', the petitioner being a librarian, i cannot understand how the government can alter or withdraw the concession by means ..... in w.p. no. 1107 of 1979 decided on november 17, 1981, wherein this court after interpreting section 2(10) of the act and section 2(j) of the tamil nadu university act, has held that in the light of the definition of teacher found under the two enactments, the librarian has to be treated only ..... as may be declared to be teachers by the statutes framed under any law for the time being in force governing a university' similarly, 'teacher' has been defined in section 2(j) of the tamil nadu university act, 1923, which reads as follows : 'teachers' means such professors, assistant professors, readers, lecturers, librarians and other like .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2002(4)ALD767; 2002(4)ALT430
..... university established under central or provincial or state act. there is nothing in the ugc act to show that the agricultural universities are excluded from the purview ..... or an affiliated college recognized by the commission in consultation with the university concerned under clause (f) of section 2 of the ugc act and every institution deemed to be a university under section 3 of the ugc act. the 1st respondent-university is a university established under the state act, acharya n.g. ranga agricultural university act, 1993. the ugc act is a central legislation and it applies to every .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1984KAR1320; 1985(1)KarLJ12; (1985)IILLJ41Kant
..... university act was repealed by the karnataka state universities act, 1976. in the said act, there is no provision corresponding to s. 48 of the bangalore university act. the 1976 act was enacted as a uniform law for the whole state replacing the bangalore university act, 1964; the mysore university act, 1956 and karnataka university act, 1949 section 35 of the 1976 act ..... preliminary arguments at this stage and they must be overruled.' form the above decision, the following aspects emerge : (1) the rules framed under the university act regulating the conditions of service have statutory force. (2) it confers legal rights on the teachers. (3) notwithstanding the fact that a contract of ..... to terms of contract be those prescribed in the ordinances and there is no dispute that even according to the ordinances framed under the bangalore university act, 1964, extracted earlier, the age of superannuation of teachers was 60 years. however, there was a doubt as to whether the contractual tenure .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2000(2)ALD652; 2000(2)ALT655
..... taken as basis for making reservations in respect of backward class people. after coming into force of constitution (seventy fourth amendment) act with effect from 1-6-1993, the state legislature amended the act with effect from 1-6-1994 providing for reservation forscs., sts. on the basis of population, reserving one-third of offices ..... our supreme court.93. in defunis v. charles odegard, (1974) 40 la ed 2d 164, the question was the constitutionality of an admission policy of university of washington where under certain percentage of seats in law school were reserved for minority vacancies. the trial court held the admission policy as violative of 'equal ..... the wisdom of the state to make as many number of laws as are required to meet different situations. the state enacted hmc act, corporations act, as well as vizag act and vmc act. these enactments govern the municipal councils and municipal corporations and are existing enactments and there is no enactment to govern nagar panchayat. .....
Tag this Judgment!Court : Mumbai
Reported in : 1997(4)ALLMR377; 1997(2)BomCR591; [1997(75)FLR897]; (1997)IILLJ1050Bom
..... aspect is more a mission and a vocation rather than a profession or trade or business however wide may be the denotation of the two latter words..' (see university of delhi air 1963 sc 50 1873.' in our opinion, the ratio of the judgment in the case of unni krishnan is not applicable in the instant case ..... was made by mr. bukhari by relying on the decision of the supreme court in the matter of unni krishnan v. state of andhra pradesh, reported in : [1993]1scr594 , to buttress his submission that educational activity was neither a business, trade or profession.the supreme court in the case of unni krishnan while dealing with inter alia ..... to appreciate the rival contentions of the parties, it would be advantageous to refer to and reproduce where necessary, the relevant provisions of the gratuity act. the preamble of the said act states : 'an act to provide for a scheme for the payment of gratuity to employees engaged in factories, mines, oil fields, plantations, ports, railway companies, shops .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR2008AP23; AIR2008Bom23(FB)
..... school was imparting education. obviously, all such schools cannot be said to be covered under the concept of private schools.20. the decision in deolali cantonment boards case 1993 lab ic 1858 (supra) has referred to the aspect that the schools of the cantonment board are not excluded under the definition of a local authority under section 2 ..... officer authorised by him or by any of such boards' would probably lend support to the view taken by the earliest division bench in deolali cantonment board's case 1993 lab ic 1858 (supra). the full bench, therefore, directed the registry to place the papers before the honourable the chief justice for appropriate orders vide an order dated ..... lj 74 : 1993 lab ic 1858. it held that the schools established and administered by the cantonment board fall within the definition of private schools under the act. as against the said judgment, another division bench in the judgment in rita, j. verghese v. vidya mandir 2002 (3) mh lj 57 took the view that the .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1998KAR537; 1998(1)KarLJ162
..... be issued henceforth to enter into hampanakatta state bank area in mangalore city and sought quashing of another notification of the district magistrate dated 6-4-1993 issued under section 115 of the act read with rule 221-a(5) of the rules restricting entry of mofussil services in respect of the permits to be issued henceforth into the ..... their prayer for grant of stage carriage permits taking note of the notification issued by the district magistrate dated 6-4-1993 under section 115 of the motor vehicles act, 1988 ('act' for short) read with rule 221-a(5) of the karnataka motor vehicles rules, 1989 ('rules', for short), restricting further entry of mofussil buses to hampanakatta ..... that needed to be taken in the circumstancesleading to issuance of two notifications dated 6-12-1990 and 6-4-1993, could have been taken only under section 71(3)(a) and not under section 115 of the act and that too by the state government on being so directed by the central government, and, further, even the .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2007ACJ448; 2006(2)ALD787; 2006(1)ALT570
..... counsel for the respondent is that since the provisions of rule 5 of order 38 c.p.c. are not applicable to the proceedings under the motor vehicles act, 1988 ('the act') the tribunal passing an order of conditional attachment in o.p.no. 531 of 2004 is unsustainable, more so because claimants failed to produce any document to ..... they also relied on united india insurance co, ltd. v. rajendera singh : [2000]2scr264 in support of the contention that c.p.c. applies to the proceedings under the act. relying on the ratio in state road transport corporation v. kailashnath kothari : air1997sc3444 (sc) followed in p.p. mohammed v. k. rajappan 2003 acj 1595 (sc) that a ..... dates, basing on the evidence adduced in the respective interlocutory applications.9. the contention of the learned counsel for the claimants is that inasmuch as tribunals under the act are manned by the officers of the rank of a district judge, they are civil courts, and since the intention of the legislature and the rule makers is .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2010SC383; 2010(1)AWC862(SC); 2009(14)SCALE399; (2010)1SCC549; 2010(1)LC42(SC):2009AIRSCW7629
..... for interest but only a claim for unliquidated damages. it has been said repeatedly that observations in the said judgment were not intended to lay down any such absolute or universal rule as they appear to, on first impression. until jena case almost all the courts in the country had upheld the power of the arbitrator to award interest pendente ..... challenge in this appeal is the judgment and order dated 29.04.2003 passed by the high court of judicature at allahabad in f.a.f.o. no. 40 of 1993, in a matter arising from the order dated 1.12.1992 of the learned senior civil judge, making the award a rule of the court, and whereby the high ..... in the judgment of the high court.the railways filed an application before the district judge for transfer of the application filed by the contractor under section 20 of the act and under section 24 of the civil procedure code. it was dismissed on 13th november, 1992. the railways filed an application on 23rd november, 1992, before the court below for .....
Tag this Judgment!Court : Chennai
Reported in : [1995]214ITR93(Mad)
..... legislature passed a similar enactment, the karnataka tax on professions, trades, callings and employments act, 1976. with reference to the said act, there is also a recent decision of the karnataka high court in j. seetha rama sastry v. state of karnataka : [1993]199itr588(kar) . in the said decision though there were other attacks relating to ..... of stamp duty on the certificates of enrolment of advocates observed that if the said levy is part of the conditions prescribed by section 24 of the act (advocates act), which an advocate must satisfy before he becomes entitled to practise, any legislation relating to it would be within the competence of parliament, but that ..... present entry 5 as it now stands has to be struck down as unconstitutional and we hereby do so. 71. in writ petition : no. 1134 of 1993 filed by the tamil nadu commerce institutes' association, learned counsel for the petitioner submits that the proprietors of such commerce institutes or typewriting institutes did not at .....
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