Court : Supreme Court of India
Reported in : AIR1992SC165; JT1991(4)SC285; 1992(1)KLT103(SC); (1993)ILLJ723SC; 1991(2)SCALE969; (1992)1SCC119; [1991]Supp2SCR206; 1992(1)SLJ53(SC); 1992(1)LC155(SC)
..... on whom the brunt of responsibility of administration will inevitably fall, may develop a wide and all-india outlook.... the present emphasis on regional languages in the universities will inevitably lead to the growth of parochial attitude, which will only be corrected by a system of training which emphasises the all-india point of view.... ..... in the pool. the arrangement should be that for every five officers, there should be a vehicle. provision for this aspect should be made by march 31, 1993. this direction has become necessary as judicial officers should not be forced to travel along with litigants and lawyers. in many sensitive cases, records are carried by ..... and he should have reasonable mental peace in order that he may perform his duties satisfactorily. rendering justice is a difficult job. it is actually a divine act. unless the judicial officer has a reasonable worry free mental condition, it would be difficult to expect unsoiled justice from his hands.40. very often building .....
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of special officers) act, 1976 (act xxv of 1976), whereunder the boards of management of co-operative societies were superceded and special officers were appointed by the government to manage the societies.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 : Supreme Court of India
Reported in : AIR1993SC935; 1992(2)BLJR1365; [1993]78CompCas1(SC); (1992)2CompLJ89(SC); JT1992(2)SC326; 1992(1)SCALE388; (1993)2SCC279; [1992]1SCR616; (1992)2UPLBEC1333
..... with suspicious feathers and of their non-accountability.22. the sale by public auction or tender or private negotiation should be bona fide action. first is universally recognised to be the best and most fair method. it is expected to fetch best competitive price and is beyond reproach. second would be resorted to ..... sale intending to get highest competitive price for the property. public auction also ensures fairness in actions of the public authorities or the sales officers who should act fairly, objectively and kindly. their actions should be legitimate. their dealing should be free from suspicion. the fair and objective public auction would relieve the ..... not only to get the highest price for the property but also to ensure fairness in the activities of the state and public authorities. they should undoubtedly act fairly. there actions should be legitimate. there dealings should be above board. there transactions should be without aversion or affection. nothing should be suggestive of .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1993(0)MPLJ744
..... in progress and the results were to be declared. there was a fear of revenge being taken on the senior officers concerned; therefore, if the university would not have acted with despatch, educational career of thousands of students would have suffered. as regards the plea of hostile discrimination, it was contended that the employees named ..... the two main contentions raised in the petitions.10. statute no. 31 framed under sub-clauses (d) and (n) of section 35 of the act deals with conditions of service for university employees. clause 57 speaks of imposition of penalties, which is quoted in extenso:--'57. (1) the appointing authority may, for good and sufficient reasons ..... there is specific and clear allegation made against the two petitioners of their creating disaffection in employees in the university and reference is also made to the acts of violence resorted to by them against officials of the university who were named.27. it is true that the vice-chancellor had passed order on 16-6-1986 .....
Tag this Judgment!Court : Kolkata
Reported in : (1993)1CALLT272(HC)
..... the relevant date of the notification and not thereafter ; and (c) section 18 provides that the council if satisfied that the qualification certified by any university, medical corporation, examining body, etc. that is sufficient guarantee that persons possessing such qualification possessed the knowledge and skill requisite for the efficient practice of ..... the expression 'medicine' has been defined in section 2(b). the said section 18 of the act of 1914 is quoted as under :-'if the council are satisfied-(a) that any qualification certified by any university, medical corporation, examining body or other institution within india is a sufficient guarantee that persons possessing ..... were not referred to in the schedule to the said act and as such they are not entitled to have that benefit under 6f. section 18 of the act provides that the medical council should be satisfied that any qualification certified by any university, medical corporation, examining board or other institutions, was .....
Tag this Judgment!Court : Orissa
Reported in : AIR1992Ori242; 74(1992)CLT927
..... and cultural rights, 1966 also recognises 'housing' as a part of right to adequate standard of living. may we say that reference to charters/ documents like universal declaration of human rights and the aforesaid covenant to understand our fundamental rights, is very often made by the supreme court as would be evident from minerva mills ..... (1973) cut 1004 and the case of governing body, dav college v. padmanabha padhy, air 1988 sc 612 holding that section 7 of the orissa education act, 1969 refers to managing committee or the governing body for every private educational institutions. i mention this because before the court in those cases decided to issue writ ..... by the utkal manila samiti, which is a registered society, with the primary object of uniting and bringing awakening amongst women of the state by undertaking various acts and projects. the society was registered in 1971 and the present hostel was constructed in 1979. we understand from shri mohapatra that the idea behind taking up .....
Tag this Judgment!Court : Mumbai
Reported in : 1993(1)BomCR213
..... km. neelima misra v. dr. harinder kaur paintal and others, reported in : air1990sc1402 . this was a case where the chancellor of the lucknow university, while exercising powers under section 31(8)(a) of the uttar pradesh university act, 1973 had directed that km. misra, the appellant, should be appointed as a reader in psychology in the ..... university. that order was quashed by the allahabad high court in the writ petition at the instance of dr. harinder kaur paintal. the said ..... not be any struggle between two opposing parties giving rise to a `lis'. there need not be resolution of lis inter parties. the duty to act judicially or to act fairly may arise in widely different circumstances. it may arise expressly or impliedly depending upon the context and considerations. all these types of non-adjudicative .....
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 .....
Tag this Judgment!Court : Delhi
Reported in : 51(1993)DLT592
..... in the case of shri anadi mukta sadguru shree muktajee vandasjiswant suvarna jayanti mahotsav smarak trust and ors., : (1989)iillj324sc , the affiliated colleges under the gujaral university act were held to be performing public duty. it was observed by the supreme court that if the rights are purely of a private character to mandamus can issue and ..... public duty. the supreme court held that the said affiliated colleges are governed by the conditions of service laid down in respect of academic staff by the university and thus, are performing public duty and are amenable to the writ jurisdiction and it was observed that judicial control over the fast expanding maze of bodies ..... tribunal or inquiry, and the board of visitors of a prison. the criminal injuries compensation board is a public authority. so also, i suggest, is a university incorporated by royal charter; and the managers of a state school. so is the boundary commission; and the committee of lloyd's.but a limited liability company .....
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