Court : Chennai
Reported in : (1992)1MLJ544
..... this court seeking reliefs as he did in the present writ petition. he would place reliance on a pronouncement of a bench of this court in association of university teachers v. state of tamil nadu and anr. : (1991)iillj31mad , to say that constitutional issues and constitutional validity of a statute or provision of the ..... we cannot say that we are called upon to decide the question for academic purposes only. by the introduction of chapter iii-a into the act by the amendment act provisions for appointment of special officer in certain cases get introduced and certainly the petitioner need not await enforcement of the said provisions against it, ..... prayed that this honourable court may be pleased to issue a writ of declaration, declaring the tamil nadu recognised private schools (regulation) and private colleges (regulation) amendment act, 1982 (48 of 1982) as ultra vires and unconstitutional in so far as the petitioners herein are concerned, and pass such further or other order or orders .....
Tag this Judgment!Court : Chennai
Reported in : AIR1994Mad2
..... by his caste name, his greatness is denigrated. thus, the learned counsel contends that g.o. ms. no. 366, revenue department, dated 11-5-1993 naming the district with head-quarters at villupuram as villupuram ramaswami padayachiar district is against the provisions of the constitution, against secularism and against national unity and ..... of management of the then tamil nadu g.d. naidu agricultural university recommended to change the name of university as tamil nadu agricultural university and since almost all agricultural universities in india have been named after the state, it was renamed as tamil nadu agricultural university. thus, i am of the view, that the inauguration of ..... . the allegation of the petitioners that giving such a name as 'pudayachi' to the new district amounts to perpetuating caste and untouchability and such an act would be against the constitution and tends to violate the fundamental rights enshrined in articles 14 and 17 of the constitution, in my opinion, is not .....
Tag this Judgment!Court : Chennai
Reported in : [2005]124CompCas399(Mad); (2005)6CompLJ490(Mad); 2005(1)CTC249; (2005)1MLJ269; [2005]60SCL604(Mad)
..... the context, subject-matter and object of the statutory provision in question in determining whether the same is mandatory or directory. according to their lordships, no universal principle of law could be laid in that behalf as to whether a particular provision or enactment shall be considered mandatory or directory and it is the duty ..... 1965- 66 and sub-section (1-a), (1-b), (1-c) and (1-d) were introduced for the first time by the companies (amendment) act, 1965 [act 31/1965]. the learned judge has observed that the supreme court was interpreting the provisions of section 108 as it stood at the time of the impugned transaction therein ..... 6. after taking us through the company petition, counter, rejoinder, the details regarding civil suits, impugned order of the company law board and relevant provisions of the companies act, mr. a. alagiriswamy, learned senior counsel for the investors, and mr. p.h. aravindh pandian, learned counsel for the company, have raised the following contentions:(i) .....
Tag this Judgment!Court : Chennai
Reported in : (1925)ILR68Mad1
..... ), that the rajputs have formed marriage connexions even with koli and bhil chiefs who have not the least pretensions to kshatriya blood ; and that it is the universal practice among the lower castes, when they wish to rise in the social scale, to imitate the higher by prohibiting widow marriage, wearing the sacred thread, and ..... interprets the consequence of this dependance in a different way, and the conclusion of the leading commentators of the bombay school is that, adoption being a meritorious act, express permission is not necessary. i may in this connexion refer to the translations of the passages in viramitrodaya arid the kaustubha by mandlik in pages 463 to ..... other south indian deities, they preserved many of their own habits, like sunmuk, which are peculiar to the mahrattas. there is evidence that the telugu purohit was acting under the supervision of the western purohit named bhat goswami (see the evidence of d.w. 91). the mere employment of local priests under the supervision of .....
Tag this Judgment!Court : Chennai
Reported in : [1964]53ITR292(Mad)
..... , to establish, run and maintain educational, technical or technological institutions of all kinds, in india for the benefit of the public, to establish rural or urban university or universities, college or colleges, school or schools, for imparting education of any kind, technical or non-technical, to make gifts, subscriptions and payments to any educational, ..... have any application as regards thiagarajar educational trust which is certainly a public charitable trust. but it may be assumed that the provisions of the trusts act are really modelled upon the general law governing the relationship of trustee and cestui que trust. section 20 provides that the trustee is bound to invest ..... years 1957-58 and 1958-59, having regard to the third proviso to clause (c) of sub-section (1) of section 16 of the income-tax act ?'the assessee is an individual deriving income from salary, property, business and dividends as a shareholder in various limited companies. a public charitable trust called the .....
Tag this Judgment!Court : Chennai
Reported in : (1972)2MLJ485
..... subject-matter. one of the petitioners here is a member of the executive council and the other of the academic council. the university is a corporate body, constituted under the university act and clearly all the members of the court, the executive council, the academic council and even the registered graduates are all equally ..... illegally or contrary to the provisions of that act. with that allegation they asked for the issue of a writ of mandamus commanding the chancellor ..... of a writ of mandamus would lie against the chancellor of the university complaining of the illegality of the appointment of vice-chancellor. the appointment of the vice-chancellor had to be made in accordance with certain provisions of the jabalpur university act, 1956. the petitioners' complaint was that the appointment was made .....
Tag this Judgment!Court : Chennai
Reported in : (1990)2MLJ231
..... the college to conduct its own examinations (without getting autonomous status) is illegal and contrary to the provisions of the madras university act and the laws of the university. in view of the said undertaking of the university, to provide special arrangements for the students of the petitioner college and to set question papers from the common portions of the ..... and secretary to the government of tamil nadu, as if he is the only person who is to take a decision in the commission. under the university grants commission act (iii of 1956), the commission is a body corporate having perpetual succession and a common seal and it shall consist of nine members to be appointed ..... guidelines and also the last paragraph in chapter i of the guidelines. when there were rules and statutes of the university which govern the affiliated college, it is not open to the college to say that they acted in accordance with the guidelines. the u.g.c. has made it clear that the guidelines are only suggestive .....
Tag this Judgment!Court : Chennai
Reported in : (1992)2MLJ309
..... and of larger benches have to be followed unhesitatingly whatever doubts one may individually entertain about their correctness. the rationale for this is plain because to seek a universal intellectual unanimity is an ideal too utopian to achieve. consequently, the logic and the rationale upon which the ratio of a larger bench is rested, are not ..... of the full bench is per incuriam as it has not expressly referred to the provisions of the tamil nadu co-operative societies (appointment of special officers) act, 1976 (act xxv of 1976), whereunder the boards of management of co-operative societies were superceded and special officers were appointed by the government to manage the societies. ..... view the need for proper development of law and justice.45. recently, in state of u.p. and anr. v. synthetics and chemicals ltd. and anr. : 1993(41)ecc326 , a bench of two judges held that a previous decision rendered by severn judges was per incuriam. in the earlier judgment of seven judges, a reference .....
Tag this Judgment!Court : Chennai
Reported in : (1993)ILLJ760Mad
..... and whether 20 or more persons are employed in said establishment. if the answer is in the affirmative, the provisions of the act are clearly attracted.' 10. in osmania university v. employees' state insurance corporation : (1986)illj155sc , the short question which arose for determination was whether the provisions of the employees ..... applicability of the provisions of the employees' provident funds and miscellaneous provisions act (19 of 1952), to the department of publications and press run by the university. the common contention taken by the andhra university and the osmania university was that universities are purely educational institutions having number of departments, the main object of ..... bombay and calcutta, the petitioner is engaged in similar activities but the provisions of the employees' state insurance act, 1948, were not applicable to those institutions as it is part of the oxford university and it cannot by any stretch of imagination be construed as a 'shop'. 4. i have given .....
Tag this Judgment!Court : Chennai
Reported in : (1993)ILLJ1030Mad; (1992)IIMLJ573
..... 1961)illj540sc , the supreme court held that in cases of conflict between a specific provision and a general provision, the former prevails over the latter. that universal rule has no hearing in this case. in pratap singh v. manmohan dey : [1966]3scr663 , the court held that a general later law does not ..... the rendering ineffective of judgments or orders of competent courts and tribunals by changing their basis by legislative enactment is a well known pattern of all validating acts. such validating legislation which removes the causes for ineffectiveness or invalidity of actions or proceedings is not an encroachment on judicial power. 22. hari singh ..... the principle of re-employment of retrenched temporary employees in the explanation appended thereto and thereby the principles underlying sec. 25h of the industrial disputes act and inasmuch as regulation 8 sought to curtail the same, it was arbitrary and therefore, unconstitutional. regulation 12 referred to by learned counsel provides .....
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