Judgment Search Results Home > Cases Phrase: the chhattisgarh private universities establishment and operation amendment act 2006 Court: kerala Page 1 of about 69 results (0.184 seconds)

Dr. Godwiin Samraj D.P. Vs. Dr. M.Abdul Salam

Court : Kerala

..... s.2(f) of the amended act defines "off campus centre" which means a centre of the university established by it outside the main campus (within or outside the state) operated and maintained as its constituent unit having the university's complement of facilities, faculty and staff. ..... s.3(7) says that the object of the university shall be to establish the main campus in chhattisgarh and to have study centres at different places in india and other w.p(c) no.9779 of 2014 -:33. ..... keeping in view the above, i shall be grateful if you kindly use your good offices and take immediate action on the following: to take suitable steps for amending the existing acts made so as to bring the same in conformity with the observations made by the honourable supreme court of india in the case of prof.yaspal and state of chhattisgarh. ..... dhavan has also drawn the attention of the court to certain other provisions of the act which have effect outside the state of chhattisgarh and thereby give the state enactment an extraterritorial operation. ..... this action on the part of the state universities or private universities established by the state governments beyond the territorial jurisdiction of the respective state govt. ..... the impugned act which specifically makes a provision enabling a university to have an off campus centre outside the state is clearly beyond the legislative competence of the chhattisgarh legislature". ..... :- under the state enactment enacted by the state of chhattisgarh. .....

Dr.K.Vijayakumar Vs. The Mahatma Gandhi University

Court : Kerala

..... the power of the university to establish an off-campus centre was examined as follows in paragraph 60:- dr.dhavan has also drawn the attention of the court to certain other provisions of the act which have effect outside the state of chhattisgarh and 27490 & 35231 of 2014 and 1722 of 2015 14 thereby give the state enactment an extraterritorial operation. ..... facts too, ext.p5 public notice was issued on 27.06.2013, by the university cautioning every universities established or incorporated by or under a state government, not to operate outside its territorial jurisdiction under the act and restraining the offering of its programmes through franchise agreements with private coaching institutions, for the purpose of conducting course in distance mode. ..... .yashpal (supra) dealt with the establishment of self financing private universities for higher education. ..... 2 (f) of the amended act defines "off- campus centre" which means a centre of the university established by it outside the main campus (within or outside the state) operated and maintained as its constituent unit having the university's complement of facilities, faculty and staff. ..... the division bench specifically noticed a communication of the ugc to all universities after the pronouncement of the honourable supreme court in prof.yashpal (supra); which deprecated the establishment of private universities of the state governments and the opening up of off-campus study centre in the name of distance education programs, outside the .....

Vismayas Max Animation Academy Vs. Mahathma Gandhi University

Court : Kerala

..... the salient features of ext.r5(j) are as follows; "b) a university established or incorporated by or under a state act shall operate only within the territorial jurisdiction allotted to it under its act and in no case beyond the territory of the state of its location. ..... it is stated in para 01 of the off campus centres - operations manual that 'the functions of the off campus centres are governed as per the terms and conditions of the mou signed between the university and the centres subject to the provisions of the mg university act, statutes and regulations in force besides the formalities and directions of the government of kerala and its subsequent modifications, if any. ..... it was also observed that as far as the right of the petitioners/students for the private admission/registration within the territorial limits of the university is concerned, it is always open for them to approach the university for appropriate orders. ..... in the year 2009, the ugc addressed letter to all the state governments to amend the state acts in tune with the judgment in prof.yashpal's case (cited supra). ..... state of chhattisgarh [(2005) 5 scc420, interdicting the setting up of study centres outside the territorial jurisdiction of the concerned university. .....

Malathi J. Rai W/O Jaganatha Rai Vs. Suhara Abbas Ali W/O Abbas Ali an ...

Court : Kerala

Reported in : AIR2008Ker7; 2007(3)KLJ289

..... the decision reported in 2002 (3) kct 603 the learned single judge took the view that 'a close analysis of the various provisions of the kerala state co-operative agricultural and rural development banks act shows that the source from which the loan advanced by the bank comes from the ..... herein that in the said provisions officers and employees of a corporation controlled by the state or central government or of a local authority or any company in which the state or central government or a local authority or of a statutory board or of any university in the state are specifically mentioned whereas in section 34(1)(j) no such specification is there, only two are specified, namely, the government of kerala and the panchayat. ..... the income-tax officer, bib, ward, hyderabad : [1994]52itr524(sc) , a constitution bench of the hon'ble supreme court while considering the question whether the income of andhra pradesh road transport corporation established' under the act is exempted from union taxation examined whether the ..... in paragraphs 12 and 13 as follows:from the legal point of view, government may be described as the exercise of certain powers and the performance of certain duties by public authorities or officers, together with certain private persons or corporations ..... the learned munsiff as per judgment dated 7-11-2006 partly allowed the petition setting aside the election on the finding that she was disqualified to become a member of the panchayat under section 34(1)(j) of the act .....

R. Jacob Mathew and ors. Vs. the State of Kerala and ors.

Court : Kerala

Reported in : AIR1964Ker39

..... general quite naturally relied upon the various circumstances that have been referred to by the government in their counter affidavit, as having operated in their mind, before treating the particular groups in question as socially and educationally backward.in this connection the learned advocate general stressed that government's satisfaction arrived at on the basis of the materials referred to in the counter affidavit, cannot be the subject of scrutiny by this court, once the government are able to establish that they have not acted arbitrarily or capriciously or without any materials whatsoever ..... it is well known that article 15(4) was added in the constitution, by the constitution (first amendment) act, 1951, in consequence of the decision of the supreme court reported in state of madras v. sm. ..... (14) it would be against the national interest to exclude from the portals of the universities, qualified and competent students, on the groundthat all the seats in the universities are reserved for weaker elements in society. ..... course and one seat for pre-medical course -- two will be reserved for children of registered medical practitioners in the state government service, and one seat for children of registered private medical practitioners. .....

Commissioner of Income-tax Vs. Sree Narayana Chandrika Trust

Court : Kerala

Reported in : (1995)123CTR(Ker)233; [1995]212ITR456(Ker)

..... in effect, the amendment was to bring the objects clause strictly in accord with section 10(22a) of the act and thereafter the object of the trust was only the establishment and running, etc. ..... we may mention here itself that the assessee-trust has not, after its constitution, embarked on any object other than the establishment and running of a hospital, at any time, and all its funds were being utilised only for that purpose. ..... merely because certain surplus arose from the society's operations, it could not be held that the institution was run for the purpose of profit so long as no person or individual was entitled to any portion of the said profit and the said profit was utilised for the purpose and for the promotion of the objects of the institution. ..... the court held that if the institution exists solely for educational purposes, the fact that the recipient or the owner of the income is a person other than the educational institution or university would not affect the position. ..... the court said that there was no distinction between the society and the college, and the society was an educational institution with no motive of private or personal profit. .....

T.O. Aleyas Vs. the Institute of Chartered Accounts of India, 'icai Bh ...

Court : Kerala

..... the board of discipline on a consideration of the same agreed with the prima facie opinion of the director (discipline) that the respondent was not guilty of any professional or other misconduct under the chartered accountants act, 1949 (as amended by the chartered accountants (amendment) act, 2006. ..... it is to regulate the profession, the institute of chartered accountants have been established and powers have been conferred on the institute to issue certificates of practice, without which no person can practice the profession and to take disciplinary action against erring chartered accountants. ..... but it is beyond any cavil that ordinarily unless excluded by operation of a statute, the superior courts while exercising power of judicial review shall proceed on the basis that assignment of reasons is imperative in character. ..... university of oxford, 2001 ewca civ 405, wherein the court referred to art.6 of european convention of human rights which requires, "adequate and intelligent reasons must be given for judicial decisions". o. ..... but at the same time it has to be borne in mind that what applies generally to settlement of disputes by authorities governed by public law need not be extended to all cases arising under private law such as those arising under the law of arbitration which is intended for settlement of private disputes. .....

Malappuram District Parallel College Association and ors. Vs. Union of ...

Court : Kerala

Reported in : (2005)199CTR(Ker)453; 2006[2]STR321

..... they have referred to new article 21a introduced by constitution (86th amendment) act, 2002, which provides for free and compulsory education to children of the age of 6 to 14 years and the substituted article 45 which requires the state to endeavour to provide early childhood care and education for all children until they complete the age of six years. ..... on any subject or field other than the sports, with or without issuance of a certificate and includes coaching or tutorial classes but does not include pre-school coaching and training centre or any institute or establishment which issues any certificate or diploma or degree or any educational qualification recognised by law for the time being in force.even though petitioners have referred to the dictionary meaning of 'commercial training' and contended that imparting of coaching by them to students to write various university degree' examinations such as b.a., b. ..... therefore there is no distinction between the two classes of students namely, the students studying in the colleges affiliated to universities and private students who take coaching in parallel colleges to write the same examinations. ..... in any case, there can be no distinction between students undergoing private study in the parallel colleges and those undergoing course-study in the regular colleges, so long as the curriculum, the examinations written and the degrees obtained by them are one and the same. .....

Sandhya T.N. Vs. Jalaja Kumari and ors.

Court : Kerala

Reported in : 2008(2)KLJ879; 2008(3)KLT655

..... state of kerala : 2006(3)klt435 pointed out that after the amendment introduced by ext.r5(a) government order, if there is a conflict between a claim under rule 43 and rule 51a, the claim under rule 51a will prevail and that the basis of the earlier view taken by this court ..... the supreme court affirmed the said view observing that the question whether the procedure was mandatory or not has to be gathered from a review of the language, subject matter, and importance of the provision in relation to the general object intended to be secured, the mischief, if any, to be prevented and the remedy to be promoted by the act ..... on this interpretation, rule 51a will come into operation in the matter of filling up vacancies of posts in a higher grade only when no qualified hands are available in the lower grade in the institution and where consequently the vacancies have to be filled up by recruitment of ..... conferred or recognised by the universities in kerala; ora title of oriental learning in malayalam awarded by the universities in kerala and certificate in language teachers training issued by the commissioner for government examinations, ..... filed by the manager of a private aided school who had questioned the orders issued by the district educational officer concerned, accepting the claim of a teacher who possessed only a post graduate degree in english language & literature and did not possess a degree in history/economics/geography/politics/music as main subject for appointment to the post of .....

State Human Rights Protection Centre and Joy Kaitharath Vs. State of K ...

Court : Kerala

Reported in : 2009(3)KLJ110

..... by -(i) a university established by law; or(ii) a religious, charitable or educational institution of a public nature; or(iii) a public trust (which expression shall include a wakf):provided that -(i) the entire income of such lands is appropriated for the university, institution or trust concerned; and(ii) where the university, institution or trust comes to hold the said lands after the commencement of this act, the government have certified previously that such lands are bona fide required for the purposes of the university, institution or trust as the case may be; and(u) lands granted ..... cease to apply at the end of three years from the commencement of this act;(c) lands comprised in mills, factories or workshops and which are necessary for the use of such mills, factories or workshops;(d) private forests;(e) plantations;(f) xxxxxxxxx(g) xxxxxxxxx(h) lands mortgaged to the government, or to a co-operative society (including a co-operative land mortgage bank) registered or deemed to be registered under the co-operative societies act for the time being in force, or to the kerala financial corporation, or to the kerala industrial development corporation or to the state small industries corporation, ..... edapilly executed between the 13th and 14th respondents is null and void;iii) issue a writ of mandamus or other appropriate writs, orders or directions directing the respondents 1 to 5 to implement the recommendations contained in the letter dated 18.11.2006 of district collector, .....