Judgment Search Results Home > Cases Phrase: the madras educational institutions temporary control of property act 1949 Page 1 of about 631 results (0.206 seconds)

Sri Shivananda Sharma, Vs. Smt. Shantha Nagesha Rao,

Court : Karnataka

..... the counsel also in his argument would contend that the trial judge failed to appreciate that there are more than 2,500 students studying in the first appellant s college and suit schedule a property has been completely developed by the second appellant by putting up a building for the purpose of educational institution and also residential quarters for the staff of the first appellant. ..... but, during the course of the argument, the learned counsel for the respondents-plaintiffs has raised the issue of jurisdiction and relied upon the judgment of the madras high court, wherein the court has discussed with regard to the bar under section 58 of the water (prevention and control of pollution) act, 1974 and the trial court has not discussed the same, except referring the same.43. ..... in the event of failure on the part of the defendants in removing the stp, then to permit the plaintiffs to remove the same through a court commissioner and to recover the expense thereof from the defendant nos.1 and 2 and grant a decree of permanent injunction restraining the defendant nos.1 and 2 from putting up a permanent or temporary installation in the set back area on the eastern side of the schedule a property. .....

C.D. Sekkilar Vs. R. Krishnamoorthy

Court : Chennai

Reported in : AIR1952Mad151; (1951)2MLJ568

..... from the aforesaid rules and the clauses of the scheme that the pachiappa's college is a public institution, that the principal and the college council in discharge of their duties are governed by the madras educational rules, by the disciplinary regulations issued by the university and by the clauses of the scheme framed by the high ..... order be made by some person whose property, franchise or personal right would be injured by the forbearing or doing (as the case may be) of the paid specific act;(b) that such doing or forbearing is, under the law for the time being in force, clearly incumbent on such person or court in his or its public character or on such corporation in its corporated character;(c) that in the opinion of the high court suchdoing or forbearing is consonant to right andjustice;(d) that the applicant has no other specific andadequate legal ..... under clause 4 (a) the executive management of the college and of the high school attached thereto shall subject to the general control of the board of trustees be vested in the principal of pachiappa's college ..... 45 reads as follows: ''any of the high courts of judicature at calcutta, madras and bombay may make an order requiring any specific act to be done or forborne, within the local limits of its ordinary original civil jurisdiction by any person holding a public office, whether of a permanent or a temporary nature, or by any corporation or inferior ..... in 1949 he had been expelled from the hostel attached to the pachiappa's .....

Sree Krishna Chaitanya Degree College, Rep by Correspondent, Sri R.V. ...

Court : Andhra Pradesh

Reported in : 2004(5)ALD717; 2004(6)ALT354

..... whether the educational agency is agreeable to abide by the rules and regulations prescribed for granting of temporary/permanent recognition/affiliation and other rules made under various provisions of andhra pradesh education act, 1982.further at the time of applying for temporary affiliation in form iii, the secretary/correspondent/manager of the educational institution has to give a declaration, which reads as under:declarationon behalf of the educational agency of the institution, i _________ son/daughter/wife of ________________ do hereby declare that the rules and departmental orders have been fulfilled. ..... these acts provided for strict control of private educational institutions providing for autonomy to the management in certain matters. ..... recognised private educational institutions (control) act, 1975 and the like. ..... chapter vi of the act deals with various provisions governing establishment, administration and control of various educational institutions. ..... in such an event, the property belonging to a private educational institution cannot be alienated and the manager has to handover the properties to the competent authority. ..... educational institutions (establishment, recognition, administration and control of institutions of higher education) rules, 1987 (hereafter called, higher education rules). .....

Lakshmikanth Vs. Motilal

Court : Karnataka

Reported in : ILR1993KAR149

..... but it is always difficult to balance all these considerations on the facts and circumstance of each case, especially in suits for gaining control of the management and administration of educational institutions where the personal interest of the parties in some tangible property does not come up for adjudication before the court and at the same time the interest of many other persons not party to the suit are vitally affected. ..... i have on previous occasions in case of this nature given expression to an opinion that a strict adherence to the settled principles for grant of interim injunction some times may not in the matters of management of educational institutions meet the requirements of the situation. ..... the court found that the borrower was not entitled to perpetual injunction under the provisions of section 38 of the specific relief act, 1963 nor was he entitled to the temporary injunction to the said effect under order 39 rule 1 as there was no property in dispute in the suit nor could such injunction be granted under order 39 rule 2 of the code of civil procedure. ..... j.s.ramamoorthy, air 1992 madras 197 this decision is in respect of a suit filed to declare that the notice demanding repayment of loan advanced on pronote was illegal and for the consequential relief of permanent injunction from giving effect to the notice. .....

Annie Francis Vs. D.E.O.

Court : Kerala

Reported in : 2005(3)KLT238

..... teachers and principals, it was answered as follows:'the state or other controlling authorities, however, can always prescribe the minimum qualification, experience and other conditions bearing on the merit of an individual for being appointed as a teacher or a principal of any educational institution'.these are the only restrictions that can imposed by regulation. ..... and is not altered, it is, we conceive, the duty of this court to uphold the fundamental rights and thereby honour our sacred obligation to the minority communities who are of our own'.it was further held that the above right under article 30(1) will not preclude regulations in the true interest of efficiency of instruction, discipline, health, sanitation, morality, public order and the like; but the right of establishing and managing educational institutions is protected and it should be effective and that right ..... the management's right to choose a qualified person as the headmaster of the school is well insulated by the protective cover of article 30(1) of the constitution and it cannot be chiselled out through any legislative act or executive rule except for fixing up the qualifications and conditions of service for the ..... the headmaster of a secondary school may also for adequate reasons impose fines on pupil studying in standards viii to x.xxx xxx xxxnote:-- (i) temporary removal and permanent removal from rolls for misconduct also mean suspension and dismissal ..... education society, (1955) 1 scr 568, the state of madras .....

M. Reethammal and Tamil Nadu Association of Non-teaching Staff of Aide ...

Court : Chennai

Reported in : (2002)2MLJ768

..... ' while considering the validity of some of the provisions of andhra pradesh recognised private educational institutions control act, 1975 with reference to article 30(1) of the constitution of india, the supreme court in 'the all saints high school etc. v. ..... the clause is moulded in terms negative; the state is thereby enjoined not to discriminate in granting aid to educational institutions on the ground that the management of the institution is in the hands of a minority, religious or linguistic, but the form is not susceptible of the inference that the state competent otherwise to discriminate so as to impose restrictions upon the substance of the right to establish and administer educational institutions by minorities, religious or linguistic. ..... these words indicate that the extent of the right is to be determined, not with reference to any concept of state necessity and general societal interest but with reference to the educational institutions themselves, that is, with reference to the goal of making the institutions 'effective vehicles of education for the minority community or other persons who resort to them'. ..... such an institution will, of course, be subject to the general laws of the land like the law of taxation, law relating to sanitation, transfer of property, or registration of documents, etc. .....

T.M.A. Pai Foundation and ors. Etc.Etc. Vs. State of Karnataka and ors ...

Court : Supreme Court of India

Reported in : 2003(51)BLJR580; JT2002(9)SC486; (2002)8SCC481a; (2002)3UPLBEC2961

..... it provides that the parliament in the case of a central legislation or a state legislature in the case of state legislation shall make a specific law to ensure that the amount payable to the minority educational institutions for the acquisition of their property will not be such as will in any manner impair their functioning. ..... : [1980]2scr924 , this court struck down the regulation providing that no teacher would be dismissed, removed or reduced in rank, or terminated otherwise except with the prior approval of the competent authority under the andhra pradesh private education (control) act, 1975 as being violative of article 30(1). ..... 'a glaring example of a debate leading astray is the contention urged that the cultural and educational rights sanctified in articles 29 and 30 were intended to be only temporary. ..... the first case in which the ground of challenge was based on article 29(2), is the state of madras v. ..... state of madras : 1950crilj1383 and trav-cochin v. .....

Jwala Singh Vs. Union of India (Uoi) and ors.

Court : Delhi

Reported in : 120(2005)DLT382; [2005(106)FLR399]

..... only of late, some middle-class people are sending the girl children to co-educational institutions under the care of proper management and to look after the welfare and safety of the girls. ..... thereforee, greater responsibility is thus on the management of the schools and colleges to protect the young children, in particular, the growing up girls, to bring them up in disciplined and dedicated pursuit of excellence...after conducting the enquiry, he submitted the report to the director and the director examined the report and found him not worthy to be a teacher in the institution. ..... under these circumstances, the director has correctly taken the decision no to conduct any enquiry exposing the students and modesty of the girl and to terminate the services of the appellant by giving one month's salary and allowances in lieu of notice as he was temporary employee under probation.in the circumstances, it is very hazardous to expose the young girls to the tardy process of cross- examination. ..... accordingly, in exercise of his powers conferred upon him under rule 19 (ii) of the central civil services (classification control and appeal) rules, 1965 and in terms of the navodaya vidhyalaya samiti's notification no. ..... it appears to us that after his grave act of misconduct, the petitioner went on a spree to collect these testimonials. .....

D. Thomas Vs. N. Thomas and ors.

Court : Chennai

Reported in : (1999)2MLJ260

..... rule 18: location of shop: (1) no shop shall be established in municipal corporations and municipalities within a distance of 50 (fifty) metres and in other areas 100 (hundred) metres from any place of worship or educational institutions;provided that the distance restriction shall not apply in areas designated as 'commercial' or 'industrial' by the development of town planning authorities;provided further that if any place of worship or educational institution comes into existence subsequent to the grant of licence, it shall not disentitle the licensee for continuance and further renewal. ..... respondents 1 and 2 herein are plaintiffs in the suit and they filed the suit in representative capacity under order 1, rule 8 of code of civil procedure for a decree for permanent prohibitory injunction restraining petitioner and first defendant from starting or conducting liquor shop both indian made foreign liquor and country made liquor in 'b' schedule property for proposed and anticipated reasons and apprehended injury and also to restrain other defendants from issuing licence for ..... lachanna : (1994)1scc611 , while considering bar of suit the court will have to see where a particular act creates a right and also provides a forum for enforcement of such right and bars the jurisdiction of the civil court then ouster of the civil court jurisdiction has to be upheld. ..... temporary injunction was granted till the disposal of suit.7. .....

Md. Abdur Raquib and Another Vs. Secretary, West Bengal Madrasah Educa ...

Court : Kolkata

Reported in : AIR1994Cal122

..... if there is nolegislative enactment controlling the madra- sah education in west bengal then how themanagement rules and the election proce-dures of the west bengal board of secondaryeduction can be picked up and implementedin the west bengal madrasah education system. ..... the statutory law relating to primary education in bengal actually started with the bengal (rural) primary education act, 1930 and thereafter the west bengal urban primary education act, 1963 and then the west bengal (rural) primary education (temporary provisions) act, 1969 and finally it rests with the west bengal primary eduction act, 1973 with rules and regulations made thereunder. ..... 1(mc)/1981 dated 16th september, 1981 it is notified by the secretary of the west bengal madrasah education board that the rules for the management of non-government institutions (aided and unaided), 1969 with all amendments would be applicable to the madrasahs in terms of the west bengalmadrasah education board's resolutionadopted at its meeting held on 9th september,1981. ..... much substance has been made of article 258(1) but the supreme court has made it abundantly clear that under clause (1) of this article only executive functions of the union or of the president may be delegated, not judicial or legislative functions of the union, such as the power of compulsory acquisition of property specified in article 298. ..... all the movable properties of the calcutta madrasah were removed to dacca in east pakistan. .....