Court : Allahabad
Reported in : (2003)3UPLBEC2794
..... of candidates for appointment to a post referred to in sub-sections (iii) and (iv) of clauses (h) of rule 5 for the teaching science, mathematics, craft or any language other than hindi and urdu shall as follows :(i) a bachelor's degree from a university established by law in india or a degree recognized by the government as equivalent thereto with science, mathematics, craft or particular language as the case may be as one of the subject, and;(ii) training qualification consisting of a basic teacher's certificate, hindustani teahcer's certificate, junior teacher's certificate ..... 1726-28 of 2001) arising from kerala which are heard with this appeal, we have already taken the view that b.ed, qualification cannot be treated as a qualification higher than ttc because the nature of training imparted for grant of certificate and degree are totally different and between them there is no parity whatsoever. ..... basic education (teachers) service rules 1981 is not repugnant to any prevision of the said ncte act. ..... act and is not hit by article 254 of the constitution of india and does n6t suffer from any illegality.(i) b.t.c. ..... basic education act, 1972 (up. ..... act no. .....
Tag this Judgment!Court : Allahabad
Reported in : (2003)3UPLBEC2262
..... the petitioner has not challenged the legislative competence of the governor, but it may be pointed out that the property tax mentioned in section 173 of the act comes within the ambit of entry 49 of list ii and hence the municipality has jurisdiction to levy the ..... sub-section (1) of section 172 property taxes shall comprise the following taxes which shall, subject to the exceptions, limitations and conditions hereinafter provided, be levied on building and lands in the city- (a) a general tax which may be levied, if the corporation so determines, on a graduated scale; (b) a water tax; (c) drainage tax leviable in areas provided with sewer system by the mahapalika; (d) a conservancy tax in areas in which the mahapalika undertakes the collection, removal and disposal of excrementitious and polluted matter from ..... an ordinance is on the same legal footing as an act of the legislature vide article 213(2) of the constitution, and it is well settled that the court cannot go into the motive of a legislation ..... it is possible that the governor, while issuing the impugned ordinance may have been of the view that private educational institutions which are not run, managed or aided by the state government are more like business enterprises operating for private profit, and hence they should pay the general tax, while institutions run, managed or aided by the government are usually not run for ..... government of kerala, 1995 air scw 1325, jilu bhai nan ..... state of kerala, 1975 ..... state of kerala, 1975 .....
Tag this Judgment!Court : Allahabad
Reported in : [2004]136STC483(All)
..... -section (1) is not refunded as aforesaid within three months from the date of order of refund passed by the assessing authority, or as the case may be, from the date of receipt by him of the order of refund, if such order is passed by any other competent authority or court, the dealer shall be entitled to simple interest on such amount at the rate of eighteen per cent per annum from the date of such order or, as the case may be, the date of receipt of such order of refund passed by the assessing authority to the date of the refund.explanation i. ..... in the final assessment proceeding the assessing authority for the relevant assessment year 1977-78 vide order dated february 27, 1982 refused to grant adjustment of the said amount in the admitted tax liability for the months of april, may and august, 1977 on the ground that there is no such provision for adjustment under the act and the dealer cannot itself adjust the outstanding dues payable to him by the department. ..... --(1) the assessing authority shall, in the manner prescribed, refund to a dealer any amount of tax, fees or other dues paid in, excess of the amount due from him under this act : provided that the amount found to be refundable shall first be adjusted towards the tax or any other amount outstanding against the dealer under this act or under the central sales tax act, 1956 and only the balance, if any, shall be refunded. ..... bhailal bhai : [1964]6scr261 , state of kerala v. .....
Tag this Judgment!Court : Allahabad
Reported in : [2004]134STC436(All)
..... , observed :'if that word 'property' necessarily and inevitably comprises all forms of property, including agricultural land, then clearly the act went beyond the powers of the legislature ; but when a legislature with limited and restricted powers makes use of a word of such wide and general import, the presumption must surely be that it is using it with reference to that kind of property with respect to which it is competent to legislate and to no other. ..... it follows from the above principle that if one construction of the statute will make it ultra vires whereas another construction will sustain its constitutional validity the court should prefer the latter, on the ground that the legislature is presumed not to have intended to exceed its jurisdiction vide union of india v tulsiram patel : (1985)iillj206sc , state of kerala v. u.k. ..... in that case the constitutional question was whether rule 12(iii) of the kerala education rules, 1959 was violative of article 30 of the constitution. ..... government of kerala : [1979]1scr609 a constitution bench decision of the supreme court read down a statutory provision so as to make it constitutional. ..... government of kerala 1995 air scw 1325, jilubhai nanbhai khachar v. ..... in state of kerala v. m.k. .....
Tag this Judgment!Court : Allahabad
Reported in : (2003)3UPLBEC2067
..... the petitioners have also challenged the validity of the said act by an amendment application and also of the rules made under the said ordinance/act, copy of which is armcxure-3 to the writ petition and have prayed for a mandamus restraining the respondents from enforcing the said ordinance/act and rules framed thereunder.2. ..... in our opinion, such restrictions and regulations are reasonable and valid as they arc designed to serve a larger public interest, namely, to compel the teachers to devote maximum and undivided time in the school, college or university where they are serving and drawing salary, instead of devoting their time and attention to their coaching classes/coaching institutions.24. ..... ramanatha aiyar is as follows :'education is the bringing up; the process of developing and training the powers and capabilities of human beings, in its broadest sense the word comprehends not merely the instruction received at school, or college but the whole course of training moral, intellectual and physical; it is not limited to the ordinary instruction of the child in the pursuits of literature. ..... state of kerala, 1979 (1) scc 23 etc.34. ..... state of kerala, air 1978 sc 771; p.p. ..... union of india, air 1960 sc 424;rai ram krishna v. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR2003All360; III(2003)BC331; (2003)2UPLBEC1543
..... be released of its obligations under these presents by any exercise by the owner of its liberty with reference to the matters aforesaid or any of them or by reason of any other act or forbearance or other acts of omission or commission on the part of the owner or any other indulgence shown by owner or by any other matter or thing whatsoever which under law would, but for this provision, have the effect of relieving the bank.the bank also agrees that the owner at its option shall be entitled to enforce this guarantee ..... it was agreed between the parties that the petitioners shall reduce the bank guarantees value of initial advance and interim advance to the tune of 75% of the values of supply made under the contract based on reconciliation, and if on reconciliation if it is found that the value of the bank guarantees are more than 25% of the supplies made and 100% of the balance supplies then the bank guarantees shall be further reduced maintaining the value of bank guarantee for advance as 25% of the supplies made and 100% of the balance value as committed, apart ..... 1, ceramic factory road, kundara, kerala (hereinafter referred to as the 'contractor' which expression shall unless repugnant to the context or meaning thereof, include its successors, administrators, executors and assigns) a contract by issue of owner's letter of award no. ..... they entered into a contract with one m/s aluminium industries limited situated at ceramic factor road, kundra, kerala, respondent no. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR2003All331
..... the petitioner relies, and makes vague, bald and general allegations as well as does not fulfil the requirement of section 83 of the act; (v) the petition does not disclose the ground as provided under section 100 and 101 of the act; and (vi) petition suffers from misjoinder of parties by impleading ..... petition has not been signed and verified in accordance with the provisions of representation of people act, 1951; (ii) the petition was not filed with adequate number of copies to be served on the respondent and, that the copies were not signed by the election petitioner; (iii) election petition was not supported by affidavit in original and that the affidavit not in form 25 in compliance of rule 94-a of conduct of election rules; (iv) petition does not contain a concise statement of material facts and particulars on which ..... puthussery, air 2002 kerala 166, the kerala high court, relying upon m. .....
Tag this Judgment!Court : Allahabad
Reported in : 2003(3)AWC2468
..... : air1996sc127 , the hon'ble supreme court insisted that if the matter is covered by the arbitration clause of agreement, the matter should not be entertained by the courts nor the court can speculate what answer the arbitrator will enter with regard to the disputed question that may be raised before him, the court should refrain to enter into the controversy and ask the parties concerned to resort to the arbitration proceedings.21. ..... we also agree with the observation of the high court that since the obligation imposed by the contract on the contracting parties comes within the purview of the contract act, that would not make the contract statutory. ..... : air1995sc1811 , the apex court observed as under :'while exercising the power under article 226, the court would be circumspect to adjudicate the disputes arising out of the contract depending on the facts and circumstances in a given case.......each case is to be examined on its own facts and circumstances to find out the nature of the activity or scope and nature of the controversy...........if a contract or a clause in a contract is found unreasonable or unfair or irrational, one must look to the relative bargaining power of the contracting parties.'9. ..... district and sessions judge, thiruvanannthapuram, kerala : 1999crilj2092 , hon'ble supreme court observed :'the work in a court of law is a serious and responsible function. ..... in kerala state electricity board v. .....
Tag this Judgment!Court : Allahabad
Reported in : 2003(3)AWC2405
..... mitra in tagore law lectures, 1932, wherein it has been said that 'a law of limitation and prescription may appear to operate harshly and unjustly in a particular case, but if the law provides for a limitation, it is to be enforced even at the risk of hardship to a particular party as the judge cannot, on applicable grounds, enlarge the time allowed by the law, postpone its operation, or introduce exceptions not recognised by law.'11. in n. ..... : (1987)illj500sc , observed that when substantial justice and technical consideration are pitted against each other, cause of substantial justice deserves to be preferred for the reason that other side cannot claim to have vested right in injustice being done because of non-deliberate delay.9. ..... when the state is an applicant praying for condonation of delay, it is common knowledge that on account of impersonal machinery and the inherited bureaucratic methodology imbued with the note-making, file-pushing, and passing-on-the-buck ethos, delay on the part of the state is less difficult to understand though more difficult to approve, but the state represents collective cause of the community. ..... but a somewhat different complexion is imparted to the matter where government makes out a case where public interest was shown to have suffered owing to acts of fraud or bad faith on the part of its officers or agents and where the officers were clearly at cross-purposes with it. ..... state of kerala and anr. ..... in state of kerala v. e.k. .....
Tag this Judgment!Court : Allahabad
Reported in : 2003(3)AWC2002
..... entering into the question as to whether the recommendation of the search-cum-selection committee has been approved by the government of india and the search-cum-selection committee was the authority competent to recommend the case of the incumbent for extension beyond the age of superannuation or not, at this stage, the argument of the learned counsel for the opposite parties regarding the interpretation of the clause 'the selection to the post shall not be necessarily confined to the applicants only' has to be rejected on the grounds, which are specified below :''the selection to the post shall ..... to him by virtue of a resolution passed by the governing body dated 9.9.2001 and the status of professor ashok sahni as the chairman of the governing body would not be available to him as the chairman of the search-cum-selection committee, where he was acting as chairman of the search-cum-selection committee by virtue of the constitution of the selection committee made by the governing body and, secondly ; the presence of the secretary, department of science and technology, government of india would not mean that it was on the basis of the consent or approval granted by the central government. ..... bar council of kerala and ors. .....
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