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Amir Alam Khan Vs. State of U.P. and ors.

Court : Allahabad

Reported in : 2002(1)AWC266; (2001)2UPLBEC1715

..... chancellor, kurukshetra university (supra), cannot be relied upon to support the contention that even if there is a fixed term, a person cannot be ousted because the appointment of the vice chancellor was held to be terminable before the expiry of the term of his appointment on account of the charges levelled against him and the services were terminated by the chancellor after giving opportunity to show-cause.52. ..... chancellor, kurukshetra university (supra), where the chancellor had been appointed for a period of three years, nevertheless his appointment was held to be terminable before expiry of three years for a cause and after he was given hearing following borough, (to be seen)53. ..... chancellor, kurukshetra university : (1968)iillj135sc ; bar council of delhi v. ..... section 20 of the act deals with the removal of the chairperson or any member, which the state government may, by notification in the official gazette, remove the chairperson of the board or any member thereof if he :(a) is or becomes subject to any disqualification specified in section 16 ; or (b) refuses to act or is incapable of acting or acts in a manner which the state government, after hearing any explanation that he may offer, considers to be prejudicial to the interests of the waqfs ; or (c) fails in the opinion of the board, to attend three consecutive meetings of the board, without sufficient excuse. ..... and ors : 1986(8)ecc189 ; narayan nair and anr., v. .....

Dr. A.V.George Vs. the Chancellor, Mahatma Gandhi University

Court : Kerala

..... the office of the vice-chancellor of the mahatma gandhi university having fallen vacant, proceedings were initiated in accordance with the provisions of the mahatma gandhi university act, 1985 (hereinafter referred to as the 'mgu act') for appointing a new incumbent to the said office. ..... chancellor, kurukshetra university [air1968sc292, "for a good cause ie. ..... quite clearly, in view of the exposition of law contained in 1990 (1) klt681it is clear that when the governor is exercising his power ex-officio as a chancellor of the university he is acting purely as a statutory authority. ..... and if the petitioner had so misinterpreted and that had resulted in his being appointed as vice- chancellor, mahatma gandhi university, could he be proceeded against only under section 7 (10) of the mahatma gandhi university act or could the appointing authority exercise its inherent powers to remove him from office? 7. ..... the issue to be decided in this case is the legality of the finding in ext.p4 order that the petitioner had, through the bio-data submitted by him to the committee constituted to assist the chancellor, misled the said committee and the appointing authority by falsely stating in his bio-data that he was serving as the head of the department of environmental science in the central university of kerala, kasaragod during the relevant time when, in fact, he was not. ..... chancellor, kurukshetra university [air1968sc292 for this purpose. w.p. .....

Software Technology Group Industries Ltd. and ors. Vs. State of Uttara ...

Court : Uttaranchal

Reported in : 2005CriLJ3660

..... khwaja nizir ahamad, (1945 (46) cri lj 413) or kurukshetra university's case (1977 cri lj 1900) (supra), a distinction could always be made between cases pending before a court and pending investigation and while a case pending before a court could be quashed in exercise of powers under section 482, cr.p.c. ..... 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.7. ..... the question arose in this case as to whether the learned sessions judge was justified at the stage of taking cognizance of the offence in discharging the accused, even before the trial was conducted on merits, on the ground that the provisions of section 50 of the narcotic act had not been complied with. ..... the section gives no new powers, it only provides that those which the court already inherently possess shall be preserved and is inserted, as their lordships think, lest it should be considered that the only powers possessed by the court are those expressly conferred by the criminal procedure code, and that no inherent power had survived the passing of that act. ..... it ought to be realized that inherent powers do not confer an arbitrary jurisdiction on the high court to act according to whim or caprice. .....

Sri Sujit Kumar Giri Vs. Smt. Laxmipriya Manna @ Giri

Court : Orissa

Reported in : 2009(II)OLR198

..... now well established in the case of kurukshetra university and anr. v. ..... in the instant case, upon analyzing the evidence on record, both the courts below have come to the findings that the wife-opposite party herein is the legally married wife of the petitioner-husband and the petitioner-husband has neglected to maintain her for which he is liable to pay maintenance ..... inter alia, pleaded by him that his father and the grand-father of the wife (opposite party herein) became good friends while his father was serving at the union high school and there was a proposal for marriage between him and the wife-opposite party to which the petitioner-husband did not agree.3. ..... neither maintenance was paid to her nor she was taken back by the petitioner-husband to her matrimonial home, she filed an application for maintenance alleging that the petitioner-husband is earning rs.20,000/- per month from transport business and ..... thereafter, she has alleged that there was ill treatment by the petitioner - husband as well as the parents-in-law and even she was not allowed to go to her parents' house in ..... the high court, in order to secure the ends of justice and to prevent the abuse of the process of any court, should not interfere with the concurrent findings of facts arrived at by the courts below, while exercising inherent power under ..... 1977 sc 2229, wherein the supreme court laid down that inherent powers do not confer an arbitrary jurisdiction on the high court to act according to whim or caprice .....

Haryana Financial Corporation Vs. Presiding Officer, Labour Court-cum- ...

Court : Punjab and Haryana

Reported in : (2005)IILLJ572P& H

..... presiding officer, labour court, faridabad 2001-ii-llj-1164 (p&h-db;) and management of vice-chancellor, kurukshetra university v. ..... :'sections 2 (oo), (ra), 25t and 25u of the act.2(oo) 'retrenchment' means the termination by the employer of the service of a workman for any reason whatsoever, otherwise than as punishment inflicted by way of disciplinary action, but does not include-(a) voluntary retirement of the workman, or(b) retirement of the workman on reaching the age of superannuation if the contract of employment between the employer and the workman concerned contains a stipulation in that behalf: or(bb) termination of the service of the workman as a result of the non-renewal of the contract of employment between the employer and the workman concerned on its expiry or of such ..... zila parishad, yavatmal, (supra), a learned judge of the bombay high court considered a case where the workman was appointed as a sanitary inspector on january 9, 1986 and his appointment letter contained a stipulation that the appointment will be for eleven months ending on november 30, 1986 or for such further period or till select list of the candidates is received by the office. ..... his service was terminated with effect from november 30, 1986. .....

Shahid Ali Khan Vs. Union of India (Uoi) and ors.

Court : Delhi

Reported in : 109(2004)DLT353; 2004(75)DRJ51

..... it was with a view to prevent re-occurrence of violent and criminal acts and of the fact that the appellant had a tainted record of indiscipline, that their presence in the university was considered to be prejudicial and serious threat to the maintenance of discipline and peace in the campus.in such like matters concerning denial of admission to students on the ground of maintenance of discipline in the campus, when the authority vested with power in that behalf takes a direction by reference to all relevant factors, it will not be permissible to a writ court ..... to him appropriate, the shaikh-ul-jamia (vice-chancellor) may, in the exercise of his powers, by order, direct that any student or students be expelled or rusticated, for a specified period, or be not admitted to a course or courses of study in a department or an institution of the university for a stated period, or be punished with fine for an amount to be specified in the order, or be debarred from taking an examination or examinations conducted by the university or a department or an institution for one or more years, or that the results of the student or students concerned in the examination or examinations in ..... you are hereby communicated that the discipline committee, considering the academic stability is the prime concern of the university and the fragile environment of law and order in the campus is not disturbed in any manner whatsoever, resolved that the decision taken by previous committee held on september .....

Sunil Kumar Vs. Presiding Officer Industrial Tribunal-

Court : Punjab and Haryana

..... in defence of the reference, the respondent-kurukshetra university relied on its notification dated 04.02.2002 which enables the university to disengage a contractual employee who remains absent without intimation and fails to report on duty for seven consecutive days, such person shall be deemed to be relieved. ..... insofar as the repeated extensions given for 89 days basis are concerned, i would only say that that may fall in the vice of unfair labour practice aimed mainly to avoid the rigours of the employment exchanges (compulsory notification of vacancies) act, 1959 as explained by the division bench of this court in bhikku ram vs. ..... cwp no.2726 of 2011 (o&m) -6- it deserves examination whether in a case where an employer acts on a provision which confers power to invoke deemed removal or discharge for absence, whether the provisions of section 25-f of the act are to be complied with or not. ..... for one, an enquiry is necessary, for the other, compliance of section 25-f of the act since discharge would amount to retrenchment. ..... in such a situation, it may be possible to contend that when automatic termination is resorted to for absence, there may be no need to comply with section 25-f of the act on the premise that seven days absence is sufficient to conclude abandonment. ..... it was a case covered by the exception to retrenchment under section 2 (oo) (bb) of the industrial disputes act, 1947 (for short the act .). .....

Present:- Mr. R.K. Malik Sr. Advocate Vs. the Managing Committee Arya ...

Court : Punjab and Haryana

..... the petitioner and other similarly situated employees were governed as per regulations framed by the kurukshetra university. ..... the respondent-college was a government aided private college and was affiliated to kurukshetra university. ..... as per guidelines dated 08.12.2000 issued by the government of haryana granting revised pay scales to the teachers of universities and colleges, it was provided that the services rendered in other colleges can be counted for placing a lecturer in the senior scale/selection grade and the petitioner was granted the benefit of those guidelines. ..... having his qualification of ph.d and seven years for m.phil and eight years for others.the said pay kaur gurpreet 2014.05.05 10:41 i attest to the accuracy and integrity of this document high court, chandigarh cwp no.19429 of 2010 3 scale was granted to the petitioner w.e.f 29.08.1986 and not at the time of his initial appointment as he was granted benefits of previous service rendered in the earlier college and that benefit was only for the purpose of pay scale, not for seniority. ..... the haryana affiliated colleges (security of service) act, 1979 was enforced on 23.03.1979 but no rules were framed regarding seniority up to the year 1993. .....

The State of Telangana Vs. Habib Abdullah Jeelani and Ors.

Court : Supreme Court of India

..... the surprise that was expressed almost four decades ago in kurukshetra university s case compels us to observe that we are also surprised by the impugned order.15. ..... in this regard, it would be seemly to reproduce a passage from kurukshetra university (supra) wherein chandrachud, j. ..... , kurukshetra university v. ..... (6) 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. ..... (17) though it cannot be said that the high court has no jurisdiction to entertain an application for bail under article 226 of the constitution and pass orders either way, relating to the cases under the 1987 act, that power should be exercised sparingly, that too only in rare and appropriate cases in extreme circumstances. ..... in this regard it is to be borne in mind that a court of law has to act within the statutory command and not deviate from it. ..... while exercising a statutory power a court is bound to act within the four corners thereof. ..... it ought to be realised that inherent powers do not confer an arbitrary jurisdiction on the high court to act according to whim or caprice. .....

S. Sundararaju Vs. State Bank of India

Court : Chennai

Reported in : (1995)IIMLJ426

..... twice before any credence is given to the communication of the collector to the respondent whether he is competent to sit in judgment over an act of a judicial first class magistrate and advise the employer to ignore the certificate issued by the judicial first class magistrate in favour of the petitioner, and further to see even if he (collector) has the authority to sit in judgment over the caste/community certificate granted by the judicial first class magistrate, to order cancellation or rescinding of the same without affording opportunity to the petitioner as indicated in the judgment of this court in shamsudeen ..... in the circumstances, therefore, if the university authorities acquiesced in the infirmities which the admission form contained allowed the appellant to appear in part i examination in april, 1972, then by force of the university statute the university had no power to withdraw the candidature of the appellant.' 10. ..... the supreme court has dealt with a case of a candidate who was allowed to take the examination, rightly or wrongly, although he had not completed the required curriculum, the supreme court pointed out that before issuing the admission card to a student to appear at part i law examination, it was the duty of the university authorities to scrutinize the admission form filed by the student in order to find out whether it was in order. .....