Court : Kolkata
Reported in : AIR1999Cal296
..... kurukshetra university reported in : air1976sc376 and distinguished the same. ..... , however, allow change of elective subject(s) to a student if his/her performance in the said subject(s) at the annual examination at the end of class xi is reported by the head of the institution within a month to be very unsatisfactory : provided, however, the said pupil shall haveto prosecute a regular course of studies againfrom class xi: : provided further that an unsuccessful candidate of higher secondary examination shall not be allowed re-admission into an institution but may be permitted to appear as external candidate ..... karnataka university reported in : [1986]2scr912 inter alia held that the rules and regulations framed by the board are directory in nature and not mandatory and in that view of the matter treating the petitioner's case as a special one, he was allowed to sit at the examination in the existing course in the science stream in which he was admitted.8. mr. ..... it is bound to act within the four corners of the statute and only in the event it has the power to make any condonation and/or exemption adhering to the conditions laid down under the regulations it has no other option but to pass an order in terms of the statute.'19. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1983Cal37,87CWN170
..... in that case the appellant came before the supreme court challenging the steps taken by the kurukshetra university purported to debar him from appearing in part ii law examination to be held in may 1973 because he did not have requisite percentage in attendance while appearing in part i examination and thereby committed fraud. ..... has, on the other hand, submitted that the conferment of law degree on a particular woman candidate even though she has not attended any colleges of the university but appeared in the law examination of the university as a private candidate, has nothing to do with her enrolment as an advocate under the advocates act inasmuch as to be enrolled in the state roll she has to conform to the norms and/or the essential requirements that has been provided in section 7 read with section 24 and also the rules framed under section 49(1) (d) of the advocates act, 1961. ..... the communication being annexure b to the writ petition made by the bar council of west bengal that in accordance with section 26 of the bar council act the bar council referred the application for admission of the petitioner as an advocate to the bar council of india as it did not agree to allow the application for non-compliance with the rules framed by the bar council of india and the bar council of india, it appears, also endorsed the view that has been taken by the state bar council in accordance with the provisions of section 26 of the .....
Tag this Judgment!Court : Kolkata
Reported in : 1995(1)ALT(Cri)7,(1993)2CALLT299(HC),98CWN396
..... bhajanlat, : 1992crilj527 ; kurukshetra university v. ..... to the objects of the different provisions of the income tax act that in respect of the offences relating to evasion of income tax it is the appropriate income tax authorities who are to initiate actions, to the exclusion of others, in the manner provided by law for the purpose, it will be an abuse of the process of law and will frustrate the very purpose of engrafting the different provisions of law as discussed above restricting the right to initiate prosecution in respect of offences under the income tax act or relating to income tax assessment proceedings to certain authorities only, if the police ..... , if any, being under the income tax act the requirement regarding sanction for prosecution and the bar of lack of authority on the part of the police to investigate such offences in view of the specific provisions of the income tax act cannot be circumvented by inclusion of some other ancillary offences under the indian penal code which are only components of or rather only incidental to or instrumental in the commission of the basic offences under the income tax act or which are closely linked up with such offences and which have no separate ..... the name of the complainant has been noted as 'source' and the date and time of occurrence has been recorded as 'during the years 1985 and 1986'. .....
Tag this Judgment!Court : Kolkata
Reported in : (1995)2CALLT27(HC)
..... the kurukshetra university reported in : air1976sc376 prompts to hold that if either the court allow the candidate concerned to sit for the examination or the university for its own lapses allows the candidate concerned to sit for the examination, the university should not withhold the results and deprive the candidate concerned of the fruits of his labours irrespective of the consideration whether the entry for the examination was legal or contrary to the regulations. ..... last but not least, it was contended that even thought it was assumeend that college is an agent of the university, in view of the expert terms incorporated in the rules, as erroneous act of the part of the college in granting admission to the writ petitioner respondent no. ..... the other feature of the case was that as and when the misappropriation of the school fees by the clerk was reported to the governmental authorities, the education minister gave a direction to the board to accept the delayed applications of candidates but still the board refused to act according to the direction of the hon'ble minister on the plea that acceptance of delayed applications would result in violation of regulations which was not permissible. ..... this order is passed as a special case and is not to be treated as precedent.all parties to act on a signed copy of the minutes of this order on the usual undertaking.'3. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR2000Cal251
..... . the kurukshetra university) that once the candidate is allowed to take the examination rightly or wrongly then the statute which empowers the university to withdraw the candidature of the applicant has worked itself out and the candidate cannot be refused admission subsequently for an infirmity which should have been looked into before giving the candidate permission to appear ..... the court has gone through the judgment in its entirety and found that a post-graduate student in political science and modern history undertook studies in llb course in calcutta university as a non-collegiate woman candidate under regulation 35 of calcutta university, 1st regulation 1951 framed under the calcutta university act, 1951 which underwent a change on the addition of the proviso by the resolution of 7th december, 1979. ..... . in this context, upon understanding such teaching and also going through the act and the statutes made by the university in this respect one positive question is coming to the mind of the court repeatedly as to whether declaration that the students as 'non-collegiate' or 'discollegiate' can be applicable in rem by a stroke of pen under an one line order without ascertaining the individual cases by the college or by the university .....
Tag this Judgment!Court : Kolkata
Reported in : (2006)2CALLT68(HC)
..... reported in : [1970]3scr881 , kurukshetra university and anr. v. ..... , the learned magistrate having the jurisdiction to deal with the bail application will dispose of the bail application on merits in accordance with law.it is made clear that the learned magistrate is the competent authority to decide the bail matter in the event such application is filed in accordance with law.xerox certified copy of this judgment and order be supplied to the parties, if applied for, on urgent basis upon completion of all formalities.all parties are to act on a xerox signed copy of the operative portion of the judgment ..... where there is an express legal bar engrafted in any of the provisions of the code or the concerned act (under which a criminal proceeding is instituted) to the institution and continuance of the proceedings and/or where there is a specific provision in the code or the concerned act, providing efficacious redress for the grievance of the aggrieved party. ..... direction to officer-in-charge, park street police station within the city of kolkata, state of west bengal to treat the complaint as fir and to investigate thereto was filed by stock holding corporation of india limited through its authorized representative sri arup sankar bagchi being duly authorized in terms of the resolution of the board of directors of the stock holding corporation of india limited, a company incorporated under the companies act, 1956, before the court of learned chief metropolitan magistrate, calcutta and in .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1995Cal303
..... kurukshetra university, : air1976sc376 had no application to thefacts and circumstances of the case that was being dealt with by the division bench.9. ..... does the cancellation of the admission of the three students admitted by mistake cure the irregularity or mistake committed by the university and who bears the brunt of the decisions of the university, -- the first decision being the decision to give admission to the students by breaking priority thereby unduly depriving the priority candidates and the second one being the decision to cancel such admission on the ground of mistake without trying to fix up responsibility for such mistake and without taking into consideration whether such cancellation of admission really cures the mistake or purges the university of the wrong ..... annual examination and acting on such representation he had taken further action in getting himself admitted to the law college and prosecuting his studies for several months thereby spending money and time, the authorities were estopped from cancelling his result subsequently. ..... 49 of the advocates act, 1965. .....
Tag this Judgment!Court : Kolkata
Reported in : (1994)2CompLJ456(Cal)
..... further contention of the petitioner is that the syndicate has no power to suspend or initiate any disciplinary proceedings as against the petitioner in view of the fact that no ordinance or statute has been made by the calcutta university in terms of section 22(x) of the calcutta university act, (hereinafter referred to as the said act). ..... on the other hand, submitted that although no statute or ordinance has been fraud pursuant to the provisions of the calcutta university act, but keeping in: view the fact that the petitioner has committed a gross misconduct, the university has an inherent right to initiate disciplinary proceeding as against the petitioner as also put him under suspension. ..... before proceeding to consider the matter, the relevant provisions of the calcutta university act may he noticed. ..... section 22 of the act defines powers and duties of the syndicate subject to the provisions of the act which includes 'to appoint teachers, officers and employees of the university and to fix their emoluments and define their duties and other terms and conditions of service in accordance subject to the provisions and the ordinances and to suspend, discharge or otherwise punish in accordance with the statutes and the ordinances such teachers, officers and employees.'10. ..... chancellor, kurukshetra university : (1968)iillj135sc held as follows:mr. .....
Tag this Judgment!Court : Kolkata
Reported in : (2007)2CALLT316(HC)
..... reported in : (1980)iillj175sc where appointments to the posts of readers of allahabad university were set aside after seven years on the ground of the appointments being in contravention of the ordinance 9 framed under the allahabad university act, 1921.46. ..... the assertion of incompetence of the college of engineering technology, nungambakkam, chennai to issue a diploma certificate is not supported by any statutory rule or regulation or any judicial pronouncement.65: by reason of the provision of section 22(1) of the university grants commission act, 1956, the right to confer a degree can only be exercised by a university established or incorporated by or under a central act, a provincial act or a state act or an institution deemed to be a university under section 3 of the said act or an institution specially empowered by an act of parliament to confer or grant degrees.66. ..... but he, or the educational institution has no right to insist that the certificates or degrees (if they can be called as such) awarded by such institution should be recognized by the state -- much less have they the right to say that the students trained by the institution should be admitted to examinations conducted by the university or by the government or any other authority, as the case may be. ..... kurukshetra university, reported in : air1976sc376 cited by mr. .....
Tag this Judgment!Court : Kolkata
Reported in : 1979CriLJ95
..... justice chandrachud in the case of kurukshetra university v. ..... it has been contended on behalf of the applicants that in view of the section 146(2) of the criminal procedure code, the order passed by the learned magistrate is without jurisdiction because joint receivers in respect of the disputed property had already been appointed by the civil court. ..... on 28-12-1077, the learned magistrate perused the petition submitted by pranab kumar mukherjee, and fixed 29-12-1977 as the next date stating that the petition be sent, to the officer-in-charge, barasat, for investigation and report and necessary action by that date. ..... it is thus a fit case where the exercise of the inherent powers of the high court is called for to set at naught such illegal interlocutory order. ..... sub-section (2) of section 146 of the code nowhere says that one of the warring parties cannot be appointed receiver, the clear order is that pranab kumar mukherjee was discharged from the post of receiver. ..... the other opposite parties supported this contention and stated that in view of the facts of this case and specially because of the emergency, a correct order was passed by the learned magistrate and the same cannot be set aside by this court.4. ..... it has been further stated that the learned magistrate did not prevent shri pranab kumar mukherjee from acting as receiver it was merely directed that he would not go to the plot no. ..... to act as receiver until further orders. .....
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