Judgment Search Results Home > Cases Phrase: the poona university act 1974 Page 1 of about 123,580 results (1.367 seconds)

Pandurang Hari Kulkarni (Dr.) and ors. Vs. Manohar Gopal Vedalkar and ...

Court : Mumbai

Reported in : 1988(1)BomCR648

..... since the order of tribunal was not obeyed the respondent---vadalkar filed a criminal complaint before the additional chief judicial magistrate, pune under section 42-f of the poona university act, 1974. ..... raised before us it will be worthwhile if a reference is made to section 42-f of the poona university act and section 47(1)(i) and (2) of the bombay public trusts act, 1950, which read as under:---'42-f (1) if the management fails without any reasonable excuse to comply with any direction issued by the tribunal under section 42d within the period specified in the direction or within such further period as may be allowed by the tribunal, the management shall on conviction be punished;(a) for the first offence with fine which may extend to one thousand rupees provided that ..... bhonsale, learned counsel appearing for the petitioners contended before us that the joint charity commissioner committed an error apparent on the face of record in coming to the conclusion that the conviction under section 42-f of the poona university act, amounts to a conviction for an offence involving moral turpitude. ..... therefore, it is contended by the learned counsel that if the conviction of the petitioners under section 42-f of the poona university act is considered with the attending circumstances, a conclusion is inevitable that the petitioners were convicted for an offence involving moral turpitude.4. .....

Malini Ganesh Tarlekar and ors. Vs. Hansraj Madhaorao Patil and ors.

Court : Mumbai

Reported in : AIR1979Bom230

..... the provisions of the poona university act, 1974, envisaged that up to the graduation level there could be either colleges conducted by the university or affiliated colleges or ..... was elected as a member of the board of studies of the university under section 29, sub-section (2) clause (ii) of the poona university act 1974. ..... is then urged that statute 80-h passed under the old university act of 1948, which is still the valid statute under section 91 of the present poona university act of 1974, lays down the conditions of service of various teachers in the university,13. ..... provisions are still in force in view of the provisions of section 91 of the present poona university act of 1974. ..... under the provisions of the poona university act, the various statutes and regulations, it would be necessary to know the scheme of instructions either under-graduate or post-graduate staffing pattern for that purpose envisaged by the poona university. ..... the first objection it raised on the assumption that the chancellor has some separate legal existence so far as the poona university act is ..... that by passing a resolution in its meeting dated 16th of march 1974 the executive council of the poona university introduced this course from the academic year 1973-74. ..... may incidentally be noted that under the earlier act of 1948 the then court of poona university, which had to lay down the standards of qualification and classification of teachers, delegated that power to the academic council by passing statute 88-a.28 .....

Madhukar Baburao Achari Vs. Shikshak Smarak Sanstha and Another

Court : Mumbai

Reported in : 2000(4)BomCR796; [2000(86)FLR825]

..... the college management questioned the powers of the state government to refer such an industrial dispute for adjudication to the labour court and also questioned the jurisdiction of the labour court to adjudicate such a dispute on the ground that the petitioner employee was governed by the poona university act, 1974 and that under section 42-a he had to file an appeal before the college tribunal under the said act. ..... by the impugned award the labour court accepted the preliminary objection of the college management and held that the jurisdiction of the labour court was ousted in view of the provisions contained in section 42-b to 42-e of the poona university act, 1974. ..... he submitted that the poona university act, 1974 is a complete code in itself and it provides for every contingency arising in the management of the college in every respect including the relationship with the employees, teaching or non-teaching. ..... the labour court has rejected the reference for want of jurisdiction to entertain the industrial dispute in view of the other independent remedy available to the petitioner under the poona university act of 1974.2. ..... to appreciate the controversy it would be appropriate to read the preamble of the poona university act, which was enacted in the year 1974 to consolidate and amend the law relating to the university of poona. .....

D.D. Choudhari Vs. H.i. Kalyani

Court : Supreme Court of India

Reported in : (1997)10SCC393

..... in this connection shri shetye has submitted that the amendment that was made in the poona university act, 1974 had not come to the notice of the appellant when he attended the meetings of the senate and that since the said amendment came to his notice, he stopped attending the meetings of the senate and also refunded the amount that was received by way of ta/da and, therefore, it cannot be said that in attending the meetings and receiving ta/da the appellant had committed any misconduct for the purposes of section 35 of the advocates act. ..... the letter dated 7-2-1979 of the complainant was forwarded to the appellant by the registrar of the poona university for his comments and the appellant in his reply dated 22-2-1979 stated that the amended provision of the poona university act of 1974 had escaped his notice. ..... the disciplinary committee has proceeded on the basis that in 1974 a proviso had been inserted in section 20(b)(xii) of the poona university act whereby it was provided that a person elected under sub-clauses (i) to (xii) of clause (b) shall cease to be a member of the senate as soon as he ceases to be a member of the electing body or bodies as the case may be. .....

Shantaram B. Mujumdar Vs. University of Poona and ors.

Court : Mumbai

Reported in : 1983(1)BomCR181; (1982)84BOMLR335

..... under section 20(1)(b)(iii) of the poona university act, 1974 (hereinafter referred to as 'the act)' 25 teachers are entitled to be elected to the senate from amongst the teachers of the university and the colleges, affiliated to the said university. ..... the poona university teachers' association, a society registered under the societies registration act, is the petitioner in the second writ-petition. ..... elections to the senate of the poona university were held on 18th october, 1981. ..... section 86 permits reference of any of question of interpretation, of any of the provisions of the act or statute, to the chancellor of the university for decision. ..... on 27th february, 1982, elections, to the office of the dean for faculty of science in the university of poona, were held. ..... section 85 reads thus :'no act or proceeding of the senate .............or any other authority............shall be deemed to be invalid at any time merely on the ground that---(a) any of the members of any such authority...............are not elected, appointed or nominated or for any other reason are not available to take office at the time of the constitution..................or there is any other defect in the constitution thereof or there are one or more vacancies in the offices of members thereof;xx xx xx. ..... notwithstanding the vacancies of these 25 seats in the senate, proceedings in regard to the constitution of the board of studies, academic council and faculties were carried on by the university. .....

Principal, A.i.S.S.M.S. College of Engineering and anr. Vs. Atul Sitar ...

Court : Mumbai

Reported in : 2004(4)ALLMR899; 2005(1)BomCR714

..... these statutes were earliest framed under the provisions of section 42 and/or 73 of the poona university act, 1974. ..... they were further informed that their services will be governed by the maharashtra universities act, 1994, statutes, code of conduct, ordinances and rules and regulations laid down by the university of poona, state government and the society from time to time.2. ..... the university has framed statutes governing the terms and conditions of service of the teachers appointed in the university/ colleges and institutions conducted by the university/affiliated colleges/ constituent colleges/recognised institutions of the university of poona. ..... the maharashtra universities act. ..... (ii) the learned judge ought to have seen and appreciated that statute 417 of the university of poona (statutes) is a complete code by itself as regards the services of a probationer. ..... it will be, therefore, necessary to consider the statutes of the university of poona. .....

Bhushan Uttam Khare Vs. the Dean, B.J. Medical College and Others

Court : Supreme Court of India

Reported in : AIR1992SC917; JT1992(1)SC583; 1992(1)SCALE191; (1992)2SCC220; [1992]1SCR386; 1992(1)LC734(SC)

..... the poona university act, 1974 defines the powers and duties of the executive council. ..... the learned counsel for the university as also the standing counsel for the state drew our attention to the fact that executive council had only cautiously proceeded in the matter and before ordering cancellation a probe was made and the members of the enquiry committee were competent persons and that there is no illegality which warrants interference of the court.9. ..... on the report of the committee, the university of poona decided to cancel the revaluation results and to conduct further revaluation. ..... if as a result of revaluation of answer-books, the marks obtained by the candidate increase over the original marks by 10% or more of the marks carried by the paper then only the result of revaluation will be accepted by the university. ..... it is not correct to say that the university had acted on non-existing rule for ordering revaluation. ..... examination held by university of poona in the months of october-november, 1990. ..... as per university of poona ordinance 134a, the petitioner applied for revaluation of his answer papers. ..... when the revaluation results were declared, certain students made representation to the university authorities for their answer papers being revaluate from the same set of examiners.2. ..... on receipt of the representation, the executive council of university appointed a committee to make an enquiry. .....

Hansa Babulal Dave Vs. University of Poona

Court : Mumbai

Reported in : (1983)85BOMLR192; 1983MhLJ626

..... the university resisted the suit on various grounds, inter alia, contending that the civil court had no jurisdiction to entertain the suit in view of the provisions of section 88 of the poona university act, 1974 (hereinafter referred to as 'the act'). ..... patil college, nandurbar, challenge the decisions of the poona university, respondent herein, whereby their performance at the fourth semester examination held in april 1981 from the nandurbar centre was cancelled and they were further debarred from appearing at any examination till june 1982. ..... in our opinion, the university acted rightly in adopting this course, to avoid the possibility of the members of the committee being biased against any particular student or students. ..... it is thus clear that the essential minimal requirements of the principles of natural justice that must be complied with by the university, in the present case are as indicated in the paragraph above, namely, (a) the person affected shall be apprised of the charges of unfair means, (b) he must be given an opportunity to make a representation and to explain the circumstances appearing against him; and (c) the authority conducting the proceedings must not be biased and should act in good faith.15. ..... as the university acted out of actual bias against the petitioners, their decision dated april 1, 1982 is void. .....

State of Maharashtra and ors. Vs. Nowrosjee Wadia College and ors.

Court : Supreme Court of India

..... repeal and savings:- (1) on and from the date of commencement of this act,-(a) the bombay university act, 1974 (mah.xxii of 1974);(b) the poona university act, 1974 (mah.xxiii of 1974);(c) the shivaji university act, 1974 (mah.xxiv of 1974);(d) the dr. ..... shri chinmoy khaladkar, learned counsel for the appellants referred to the provisions of the 1994 act, the 1981 rules and argued that the appellants are not obliged to reimburse the amount paid by respondent no.1 to the teachers by way of leave encashment in terms of the statutes framed by the pune university because neither the poona university act, 1974 nor any other enactment mandates reimbursement of the amount paid in lieu of the earned leave. ..... after 3 years of enactment of the 1994 act, which resulted in repeal of various existing statutes including the poona university act, 1974, under which statutes 424(3) and 424(c) had been framed, the state government issued instructions to the universities to discontinue payment of leave encashment to the teachers by pointing out that they fall in the categories of employees working in the vacation department. ..... babasaheb ambedkar marathwada university act, 1974 (mah.xxv of 1974);(e) the act, 1974 (mah.xxvi of 1974);(f) the shreemati nathibai damodar thackersey womens university act, 1974 (mah.xxvii of 1974)(g) the amravati university act, 1983 (mah.xxxvii of 1983); and(h) the north maharashtra universities act, 1989, shall stand repealed (mah.xxix of 1989). .....

Ravindra Wasudeo Jamdagni Vs. Maharashtra Academy of Engineering and E ...

Court : Mumbai

Reported in : 1992(2)BomCR50; (1992)94BOMLR292; (1993)ILLJ614Bom; 1992(2)MhLj1286

..... 42b of the poona university act, 1974 (hereinafter referred to as 'the act') before the college tribunal, pune (hereinafter referred to as 'the tribunal') set ..... of the several university acts enacted by the state ..... to recall in this connection that the code contains a set of rules prescribing the terms and conditions of service of all full-time non-teaching employees, who are appointed on time scale of pay, of the non-agricultural universities in the state (including its officers) and of the affiliated colleges, other than those managed and maintained by the state government and local authorities, whereas the college tribunals are constituted under. ..... the expression 'non-teaching employee' is defined in clause (27) of rule 2 to mean 'the person in employment of the university or the affiliated colleges, as the case may be, and appointed on a time-scale of pay other than 'the teachers' or the 'teachers of the university ..... 42b, which opens with a non obstante clause, confers a right of appeal before the tribunal on 'any employee', whether a teacher or other employee, of any affiliated college or a recognised institution (other than those managed and maintained by the state government or university), who is dismissed or removed or reduced in rank or whose services are otherwise terminated, if ..... the writ petitioner claims to have been continuously employed as peon in the electronics and computer department of the 2nd respondent institute which is affiliated to the university of poona .....