Court : Chennai
Reported in : (2006)3MLJ870
..... f.2-1/2006 u.3(a) government of indiaministry of human resource development department of secondary & higher education (u & he bureau) new delhi, the 5th april, 2006notificationwhereas, the central government is of the opinion that the role and powers of the aicte established under the all india council for technical education act, 1987 and of the ugc established under the university grants commission ugc act, 1956 are required to be clarified in the public interest, in so far as their application to maintaining the standards of education in institutions notified as 'deemed to be universities' under section 3 of the ugc act is concerned;and whereas, the central government is also of the opinion that such ..... the ugc act and the aicte act have been enacted for totally different purposes and operate in different fields and while there may be overlapping between some of the provisions of the two acts, they cannot be construed in a manner which prevents them from co-existing, so that the ugc act curtails the object of the aicte act, upon the grant of the status of deemed to be university to a technical institution. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2006SC3508; 101(2006)CLT715(SC); JT2006(2)SC217; 2006(2)SCALE262; (2006)3SCC229
..... prepared not only having regard to the provisions contained in the 1979 act and the rules and regulations framed thereunder but also the provisions of other statutes enacted therefor and in particular those for protection and preservation of ecology and environment.as visva-bharati has the unique distinction of being not only a university of national importance but also a unitary one, ssda should be well advised to keep in mind the provisions of the act, the object and purpose for which it has been enacted as also the report of the west bengal pollution control ..... 1,85,950/- after deducting 50% of the total income towards establishment and maintenance charges and some of them have their own lands and houses in the town of bhubaneswar.5. mr. b.a. ..... furthermore, it was urged that in view of the amendments in the orissa municipal corporation act, it is now impermissible to keep cattle within the town of bhubaneswar. ..... that as per the decision of the high power committee, the site selection committee met on 11.6.87 and recommended that the milkmen/ private milk producers like petitioners no. ..... in a meeting held on 1.6.87 under the chairmanship of the chief secretary, it was decided that sites for such rehabilitation of gowalas operating within bhubaneswar city shall be selected by a committee consisting of director of veterinary services; representatives of omfed; a.d.m. .....
Tag this Judgment!Court : Mumbai
Reported in : 2006(6)ALLMR256; 2006(5)BomCR901; 2006(5)MhLj503
..... it is an established principle of interpretation that when the amending act alters the language of the statute, the alteration must be taken to have been made deliberately. ..... the said provisions, before and after amendment are reproduced below:unamended provision considered by division bench at nagpur:section 27a - 'nothing contained in section 3 and other provisions of this act shall apply to -(a) the members of the armed forces of the union, that is to say, to whom the provisions of the army act, 1950, the air force act, 1950, or the navy act, 1957 apply serving in any part of the state.sub-sections (b), (c) and (d) are not relevant hence are not reproduced.the amended section 27a of the act after its substitution by maharashtra act no. ..... the union of india opposed the stand and while appreciating this controversy, hon'ble apex court found that section 2(1) of army act enumerating persons subject to operation of said act, vide its sub-clause (i) also included 'persons not otherwise subject to military law who, on active service, in camp, on the march or at any frontier post specified by the central government by notification in this behalf, are employed by, or are in the service of, or are followers of, or accompany in the portion of the regular army. ..... it has also relied upon judgment of hon'ble apex court in case of malwa bus service private ltd. v. .....
Tag this Judgment!Court : Delhi
Reported in : 2008BusLR366(Del); 147(2008)DLT561
..... the present writ petitions challenge the legality and validity of some of the provisions of the the cigarette and other tobacco products (prohibition of advertisement and regulation of trade and commerce, production, supply and distribution) act, 2003 (hereinafter referred to as 'the act', for short) and the amended cigarettes and other tobacco products prevention of advertisements and regulation of trade and commerce, production, supply and distribution) rules, 2005 (hereinafter referred to as 'the ..... civil strife, war, affecting the security of the state; (2) there must be proximate and reasonable nexus between the speech and the public order; (3) section 3, as it now stands, does not establish in most of the cases comprehended by it any such nexus; (4) there is a conflict of decision on the question of severability in the context of an offending provision the language whereof is wide enough to cover restrictions both within and without the limits of constitutionally permissible legislation ..... all citizens shall have the right-(a) to freedom of speech and expression;(b) x x x x x(c) x x x x x(d) x x x x x(e) x x x x x(g) x x x x x[(2) nothing in sub-clause (a) of clause (1) shall affect the operation of any existing law, or prevent the state from making any law, in so far as such law imposes reasonable restrictions on the exercise of the right conferred by the said sub-clause in the interests of [the sovereignty and integrity of india,] the security of the state, friendly relations .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2006(2)ALD1; 2006(1)ALT785
..... already indicated while analyzing the decision of the supreme court in raman nair (1 supra) that the observations (in para 13 of raman nair) 'that a classification which puts the whole teaching staff in one class for the purpose of applying the rule would seem unassailable/', is an observation in the context of the phraseology of section 6(2) of the cochin university act, 1971 and in the context of the factual situation where the validity of section 6(2) of the said act was questioned neither before the high court nor the supreme court and the constitutional validity of clubbing ..... the statutory provisions to the facts, the supreme court found the resolution of the university's syndicate dated 17-7-1972 invalid in so far as it directs exclusion of the post of professor from operation of the reservation rule, also found the said resolution ambiguous and accordingly held the said resolution to be invalid as the vacancy in the post of reader in the department of hindi was the ..... the practice of selecting and preparing an unusually large list compared to the vacancy position and the state government should either amend the recruitment rules in that respect and till then should issue positive to administrative instructions giving the right to the selection board to select only some persons in excess than the requisition for which the ..... private law, where the plaintiff is guilty of acquiescence or laches on his part, relief is denied even though the legal wrong to him is established .....
Tag this Judgment!Court : Mumbai
Reported in : 2007(1)ALLMR537
..... in that case, this court, while construing the town planning act, opined that reservation of open spaces for parks and playgrounds is universally recognized as a legitimate exercise of statutory power rationally related to the protection of the residents of the locality from the ill-effects of urbanization stating: the statutes in force in india and abroad reserving open spaces for parks and playgrounds are the legislative attempt to eliminate the misery of disreputable housing condition caused by urbanisation. ..... set up the following facts to establish that the steps for acquisition were already taken by the planning authority before the purchase notice was served under section 127: (i) that the municipal commissioner by communication dated 20th april, 1989 addressed to the municipal secretary, pune municipal corporation requested the standing committee to accord sanction and authorise him to enter into the agreement of the concerned land; (ii) that the standing committee passed the resolution in the meeting held on 25.4.1989 granting approval and (iii) that on 31.5. 1989, the ..... in response to the amended writ petition, on behalf of the pmc, reply affidavit was filed on 25th september, 2006 through shri prashant madhukar waghmare, city engineer justifying the procedure adopted by the pmc in compliance of the direction given by the state government under sub-section (1) of section 37. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2005SC4114; (2005)3CompLJ23(SC); [2005(1)JCR77(SC)]; JT2004(7)SC548; 2004(8)SCALE43; (2004)11SCC766; 2005(2)SLJ1(SC); 2005(1)LC138(SC); (2004)3UPLBEC3012
..... considering the provisions of the constitution including article 323a and the relevant provisions of the act, the court held that parliament was competent to enact the act of 2000 and it was open to parliament to confer power on the states of madhya pradesh and chhattisgarh to take an appropriate decision as to continuance or otherwise of any commission, authority, tribunal, university, board or any other body constituted under the central act, state act or provincial act 'having jurisdiction over the existing state of madhya pradesh'. ..... decisions of the privy council, the judgments of the supreme courts of canada and australia without stretching and straining the words and expressions used therein lead me to the conclusion that while a legislature, as a part of its legislative functions, can confer powers to make rules and regulations for carrying the enactment into operation and effect, and while a legislature has power to lay down the policy and principles providing the rule of conduct, and while it may further provide that on certain date or facts being found and ascertained by an executive authority, the operation of the act can .....
Tag this Judgment!Court : Jharkhand
Reported in : 2007(2)BLJR1185; [2007(2)JCR357(Jhr)]
..... . in other words to make the aforesaid principle applicable in the case in hand it is required to be established that the provisions of section 3(2) of the motor vehicles taxation act has been in disuse for a long period and that the imposition of tax on entry of motor vehicles into the cantonment limit has been in operation for a fairly long period ..... . in the light of the aforesaid decision of the supreme court it can be observed in the instant case that the reservation of ghatkuri mining area by impugned notifications of the years 1962 and 1969 does not mean that private parties cannot be granted any lease at all in respect of those areas as the state government always denotifies reservation and make the area available to grant for private parties or may persuade the central government to relax the restriction and may go for developing the area by the public sector or through joint sector mode with ..... by another amendment petition, the petitioners have also challenge the notification dated 27.10.2006 by which decision has been taken that the area described in 1962 and 1969 notifications will not be given to any one except the public sector undertaking or the joint venture project of the state.15. .....
Tag this Judgment!Court : Gujarat
Reported in : AIR2006Guj204; (2006)2GLR1696
..... 38 of the said decision, the supreme court has summarised the conclusions and it is stated that though interlocutory orders, passed by the courts subordinate to the high court against which remedy of revision has been excluded by the cpc amendment act, are nevertheless open to challenge in, and continue to be subject to, certiorari and supervisory jurisdiction of the high court, the principles applicable for exercise of such jurisdiction have been set out. ..... therefore, the test would be when did the cause of action arise, namely, when did the applicant derive the knowledge, which knowledge he did not have despite exercise of due diligence; and for establishing this, the applicant is bound to tender strict proof in support of the submission that he did not have knowledge after exercise of due diligence regarding aspects or points to be urged and incorporated in the pleadings by way of amendment. 18. ..... in this context, a further contention was that the provisions of the evidence act would operate and there could be no recording of evidence merely on the basis of filing of affidavits. ..... once again, the same came to be challenged before the apex court and vide order dated 6.1.2006, the special leave petitions were dismissed with a request to the trial court to dispose of the suit as expeditiously as is conveniently possible preferably with day-to-day hearing.7. ..... 4041 of 2006, vide order dated 6.3.2006, this court has observed as follows:24.1 in the case of mohd. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2009(57)BLJR1022; JT2009(4)SC43; 2009(3)SCALE293; (2009)4SCC590; 2009(2)LC1022(SC)
..... university act was enacted to establish and incorporate an open university at the national level for the introduction and promotion of open university and distance education systems in the educational pattern of the country and for the co-ordination and determination of standards in such systems.we may also notice the statement of objects and reasons of the said act, which reads as under:despite the tremendous expansion of the formal system of higher education since independence, the pressure on the ..... the choice of subjects but the same, in our opinion, would not mean that despite a parliamentary act having been enacted to give effect to the constitutional mandate contained in entry 66 of list i of the seventh schedule to the constitution of india, activities and functions of the private universities and open universities would be wholly unregulated.it has not been denied or disputed before us that in the matter of laying down qualification of the teachers, running of the university and the matters provided for under the ugc act are applicable and binding ..... the fact that in this case repugnancy of two acts is not in question (in fact cannot be in question having been enacted by the parliament and a state in terms of the provisions of the concurrent list) the non obstante clause contained in the open university act will be attracted provided the statutes operate in the ..... , it would appear that the ugc regulations were amended only in the year 2003 and the master's degree awarded upto .....
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