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Shanti Prasad Singh Son of Ram Chandra Singh, Assistant Teacher, Sarda ...

Court : Allahabad

Reported in : 2006(3)AWC2712

..... to the contrary contained in the intermediate education act, 1921 or the regulations made thereunder but [subject to the provisions of [section 12, 18, 21-b, 21-c, 21-d, 33, 33-a, 33-b, 33-c and 33-d, every appointment of a teacher, shall on or after the date of the commencement of the uttar pradesh secondary education services commission (amendment) act, 1998 be made by the management only on the recommendation of the board:]provided that in respect of retrenched employees, the provisions of section 16-ee of the intermediate education act, 1921, shall mutatis mutandis apply.provided further that the appointment of a teacher by transfer from one institution to another, may be made in accordance with the ..... regulations made under clause (c) of sub-section (2) of section 16- g of the intermediate education act, 1921 .....

Ghulam Qadir Vs. Special Tribunal and ors.

Court : Supreme Court of India

Reported in : JT2001(9)SC231; 2001(6)SCALE667; (2002)1SCC33

..... to protect the provide for the administration of the properties, left over by the evacuees in the state of jammu and kashmir, the then maharaja of the state, in exercise of his powers under section 5 of the jammu and kashmir constitution act, 1996, promulgated the jammu kashmir state evacuees (administration of property) act, 2006 (1949 a.d. ..... section 9 deals with the powers and duties of the custodian general and provides that without prejudice to the generality of the provisions, the custodian may, for any of the purposes:-'(a) carry on the business of the evacuee; (b) appoint a manager for the property of the evacuee or for carrying on any business or undertaking of the evacuee and authorise the manager to exercise any of the powers of the custodian under this section; (c) enter or authorise any other person to enter on any land or premises to inspect any evacuee property; (d) take all such measures as may be necessary ..... is resident in any place now forming part of pakistan or in any such part of the territory of the jammu and kashmir state as is under the operational control of the pakistan armed forces, and who for that reason is unable to occupy, supervise or manage in person his property in the state or whose property in the state has ceased to be occupied, supervised or managed by any person or is being occupied, supervised or managed by an unauthorised person, or (iii) who has, after the 14th day of august, 1947 acquired by way of allotment or lease or by means .....

K. Balakrishnan Vs. K. Kamalam and ors.

Court : Supreme Court of India

Reported in : AIR2004SC1257; 2004(2)ALD79(SC); 2004(5)ALLMR(SC)551; 2004(1)ALT51(SC); 2004(2)AWC1462(SC); (SCSuppl)2004(3)CHN81; 2004(1)CTC146; 2004(1)CTLJ406(SC); (2004)186CTR(SC)209; J

..... the high court held that when the donor reserved to herself the right to sign the papers with respect to management of the school and right to take usufruct from the property where the school is situated, there arose no question of passing over ownership of the property to the donees which the donees ..... is made in favour of a child of the donor, who is the guardian of the child, the acceptance of gift can be presumed to have been made by him or on his behalf without any overt act signifying acceptance by the minor. ..... the position in law, thus, under the transfer of property act read with the indian contract act is that 'the acquisition of property being generally beneficial, a child can take property in any manner whatsoever either under intestacy or by will or by purchase or gift or other assurance inter vivos, except where it is clearly to his prejudice ..... the minor's father, who is the natural guardian under section 6 of the hindu minority and guardianship act, was also present and living with the minor in the same house jointly with other members of the ..... for understanding the provisions on 'gift' contained in chapter vii of the transfer of property act, all the sections therein which are interrelated have to be read conjointly to understand their import ..... section 123 of the transfer of property act provides the mode of effecting transfer by gift ..... any kind may be transferred, except as otherwise provided by this act or by any other law for the time being in force,- (a) .............. .....

Saraswati Inter College Pipalheda, Muzaffar Nagar Vs. State of U.P.

Court : Allahabad

..... simultaneously, he also issued a notice to the manager that since there is a dispute about the constitution of the committee of management therefore he will now proceed with the enquiry of membership and the matter will now be decided by the joint director of education who is the chairman of the regional level committee. ..... the action of the authorities, namely, the joint director of education and the district inspector of schools in proceeding to supersede the committee of management and appointing an authorised controller was nothing short of malice in law which has been described succinctly and defined in various decisions of the apex court and as expressed in paragraph 46 of the judgment in the case of jay singh (supra) quoted herein under:- "though petitioner has levelled serious allegations against branch manager about demand of money etc ..... in paragraph 10 of his affidavit, it has been stated by the said dios that there was no committee of management functioning and one shyamji yadav selected teacher from the board was to join which could not be ensured as a result whereof a situation arose for which the district inspector of schools requested the appointment of authorised controller (prabandh sanchalak) on temporary basis in seven ..... intermediate education act, 1921 is for superseding a committee of management on account of mal-administration and mis-management under section 16-d of the 1921 act. 5. ..... and others air 2006 sc 898; 8. p ..... zora singh and others air 2006 sc 182; 7. k.k. .....

The State Of Himachal Pradesh Vs. Yogendra Mohan Sengupta

Court : Supreme Court of India

..... 3.8 thereafter, vide order dated 12th october 2015 in the said oa no.121 of 2014, the ngt constituted a committee comprising of officers from the national disaster management authority (ndma), a senior scientist from wadia institute of himalayan geology, dehradun as nominated by the director and other officials of the state and central governments for submitting its report on various aspects including water supply and the strength of carrying capacity of the hills. ..... such notice shall specify in regard to the draft development plan the following particulars, namely: (i) the existing land use maps; (ii) a narrative report, supported by maps and charts, explaining the provisions of the draft development plan; (iii) the phasing of implementation of the draft development plan as suggested by the director; (iv) the provisions for enforcing the draft development plan and stating the manner as amended vide himachal pradesh town and country planning (amendment) act 2013 (act no.41 of 2013). ..... when we apply the aforesaid principles to the facts of the present case, it will be amply clear that the preparation of draft development plan under section 18 of the tcp act, finalization of the same under section 19 of the tcp act by the director and grant of approval by the state under section 20 of the tcp act are all legislative functions. .....

Smt. Sunanda Hari Kadam and Ganesh Hari Kadam Vs. Manisha Hospital

Court : Mumbai

Reported in : 2006(4)BomCR127; [2006(110)FLR642]; 2006(6)MhLj362

..... the judgment from paragraph 8 to which are main paragraphs, on the basis of which the findings of the labour court are reversed and a conclusion is arrived at that the management has proved the misconduct is nothing else but total re-appreciation of oral evidence in paragraphs 10 and 11 the industrial court has re-considered the evidence of one of the witness mukesh misal. ..... it has been contended by relying upon the aforesaid judgments that it is a consistent view of this court that the revisional court in exercise of powers under section 44 of mrtu and pulp act, 1971 is not entitled to re-appreciate the evidence, which was led before the labour court and come to a different conclusion and finding. ..... it is this order, which has been challenged in both these writ petitions, while the legal heirs of the workers have challenged the impugned order, contending that revisional authority has erred in re-appreciating the evidence on record and travelled beyond the jurisdiction vested in them under section 44 of the mrtu and pulp act, 1971. ..... camlin limited (supra) also holds that revisional court under section 44 of mrtu & pulp act 1971 cannot re-appreciate the evidence which was led before labour court. ..... 13 which contained the analysis of evidence which was led before trial court has invited the industrial court to embark upon the exercise of reappreciating of evidence which legally not permissible in limited revisional jurisdiction under section 44 of the mrtu & pulp act, 1971. .....

Annapurna Sahuani Vs. Narendra Prasad Sahu and ors.

Court : Orissa

Reported in : AIR1967Ori129; 33(1967)CLT710

..... b is genuine and was properly executed.all the conditions of section 16 of the act have thus been fulfilled and the presumption mat the adoption has been made in compliance with the provision of the act shall be invoked.the onus is on the plaintiff to disprove the presumption. ..... the section lays down that whenever any document registered under any law for the time being in force is produced before any court purporting to record an adoption made, and is signed by the person giving and the person taking the child in adoption, the court shall presume that the adoption has been made in compliance with the provisions of this act unless and until it is disproved.the original of ex. ..... though the plaintiff was divested of the properties, the remained in sole charge and management during her life time and even after the 1st defendant attained majority. ..... this is undoubtedly correct as the plaintiff was given the right of management throughout her life and the right of management necessarily includes a complete provision for her maintenance befitting her status. ..... plaintiff wanted that certain properties should be set apart for the management and seba-puja of the deity and she accordingly executed the original of ex. c on 11-8-60.2. ..... even after attainment of majority, the 1st defendant had no power of interference with her right of management. .....

Biranchi Narayan Das and ors. Vs. State of Orissa and ors.

Court : Orissa

Reported in : 108(2009)CLT397

..... the commissioner-cum-secretary to government, revenue & disaster management department, submitted the file to the chief secretary with the following notes:there are two issues in this case. ..... 2 for nayapally only in the news paper on 27.2.1993 in which it was inter alia mentioned that any person who is injuriously affected by the above scheme being entitled to claim damages in accordance with section 65 of the orissa development authorities act, 1982 should details of the claim to the valuation officer within 3 months of the date of publication of this notification with supporting documents & evidence. ..... it does not provide in any manner for allotment of land in exchange of gift land.hence the request of the applicant for allotment of land appears to be outside the provision of the said act. ..... act may be followed & valuation on the date of publication of the declaration should be considered by way of compensation. ..... the notice issued by the valuation officer (p-241/c) stipulated that any injuriously affected person can communicate his claim for damages under section 65 of orissa development authorities act, 1982. ..... but section 65 of oda act placed below stipulates tor determination of compensation in terms of value of the tend. ..... 2 for nayapalli (north) in exercise of powers conferred under chapter vi of the orissa development authorities act, 1982. ..... act. .....

Manavikrama Raja, the ZamorIn of Calicut Vs. Thattamangalath and ors.

Court : Chennai

Reported in : AIR1931Mad328

..... ought to have been made in the decree to safeguard the interest of the illom, after the expiry of the management by the court of wards, this court held in effect that all that their previous judgment intended to do was to provide for the period of management by the court of wards, after the expiry of which liberty to apply to be put back into their respective rights was impliedly reserved for all parties, and in order to remove doubts made an express declaration that after the termination of the management by the court of wards, all parties ..... to the suit should have liberty to apply to vary the ..... the policy of the act, as seen from a comparison of these chapters, is to place mutts and excepted temples in normal conditions under much less direct and detailed interference from the board in matters of internal management than ordinary temples. .....

M.R. Ry. Manavikrama Raja Avergal, the ZamorIn of Calicut Vs. Thattama ...

Court : Chennai

Reported in : 131Ind.Cas.19

..... ought to have been made in the decree to safeguard the interest of the illom after the expiry of the management by the court of wards, this court held in effect that all that their previous judgment intended to do was to provide for the period of management by the court of wards, after the expiry of which liberty to apply to be put back into their respective rights was impliedly reserved for all parties, and in order to remove doubts made an express declaration that, after the termination of the management by the court of warde, all parties ..... to the suit should have liberty to apply to vary the ..... act as seen from a comparison of these chapters is to place maths and excepted temples in normal conditions under much less direct and detailed interference from the board in matters of internal management than ordinary temples. .....