Judgment Search Results Home > Cases Phrase: the uttaranchal commission for minorities second amendment act 2003 Page 1 of about 2,252 results (0.241 seconds)

Rekha Lakhi Totlani Vs. the Sind Brahma Sikhya Sammelan and ors.

Court : Mumbai

Reported in : 2006(6)ALLMR485; 2006(6)BomCR626

..... now refer to the provisions of the national commission for minority educational institutions act, 2004 and the national commission for minority educational institutions (amendment) ordinance rule, ..... are minority institution by virtue of section 3 of the act, the provisions of the act do not apply to the recruitment of the head of the minority school and of the persons not exceeding three who are employed in the school and whose names are notified by the management to the department. ..... of the act clearly contemplates that the provisions of the act will not apply to the appointment of the head of the minority school ..... submitted that there is no material to indicate that the school is a minority school and as such the seniority ought to have been followed.the petitioner by way of mandamus has prayed for a direction to appoint the petitioner as head mistress, after removing respondent no ..... 1 and 2 to remove the 9th respondent as head mistress and appoint the petitioner as the head mistress of the second respondent.the learned counsel for the petitioner points out to the reply filed on behalf of ..... to retire from 31.07.2003, the working committee met on 16.03.2003 and after considering the names of 18 teachers decided to recommend the name of respondent ..... and by communication of 01.12.2003 the petitioner seniority in terms of rule 12, sub-rule 'c' was directed to be fixed on the day she obtained b.ed. ..... letter dated 11.02.2003 the name of respondent ..... as head mistress with effect from 01.08.2003. .....

Sanjiv Gajanan Punalekar and ors. Vs. Union of India and ors.

Court : Mumbai

..... at the outset, we may refer to the provisions of the national commission for minorities act, 1992 which defines "minority" for the purpose of act as community notified as such by the central government. ..... (i) the target group of the programme consists of the eligible sections among the five communities notified as minority communities vide a notification dated 23.10.1993, issued under the provisions of section 2(c) of the national commission for minorities act, 1992 viz. ..... as far as the second scheme is concerned, the main features of the scheme are that the scholarship for pursuing professional degree and/or post- graduate level technical and professional courses, in a recognized institution in india is to be given to a student- (i) who belongs to a minority community as defined in the above act (ii) who has secured at least 50% marks in the last examination, (iii) whose parents/guardian are having annual income from all sources not exceeding rs.2.50 lakhs. 7. ..... making law or amendment to a law is a slow process and the legislature attempts to remedy where the need is felt most acute. ..... state of haryana and others, air 2003 sc 3057 (para 17), the supreme court has enunciated the following principle:- "17. ..... , said : 2003(11) scc 146. "36. ..... state of haryana and others, air 2003 sc 3057. .....

Ashoka Kumar Thakur Vs. Union of India (Uoi) and ors. (Obc Judgment)

Court : Supreme Court of India

Reported in : 2008(56)BLJR1292; 2008(3)CTC97; [2008(3)JCR176(SC)]; JT2008(5)SC1; (2008)3MLJ1105(SC); 2008(5)SCALE1; (2008)6SCC1; 2008AIRSCW2899; 2008(3)Supreme331; 2008(2)LH(SC)1534

..... 'minority educational institution' is defined in section 2(f) of the act as follows:minority educational institution' means an institution established and administered by the minorities under clause (1) of article 30 of the constitution and so declared by an act of parliament or by the central government or declared as a minority educational institution under the national commission for minority educational institutions act, 200418. ..... by the constitution (ninety-third amendment) act, 2005, clause (5) was inserted in article 15 of the constitution which reads as under:nothing in this article or in sub-clause (g) of clause (1) of article 19 shall prevent the state from making any special provision, by law, for the advancement of any socially and educationally backward classes of citizens or for the scheduled castes or the scheduled tribes in so far as such special provisions relate to their admission to the educational institutions including private educational institutions, whether aided or unaided by the state, other than the minority educational institutions ..... it is with the same object that the second amendment was made by parliament in 1955, and as we have just indicated, the object underlying the amendment made by the impugned act is also the same. ..... bollinger 539 us 244 (2003), and parents involved in community schools v. ..... bollinger 539 us 306 (2003) and gratz v. .....

Dr. Naresh Agarwal Vs. Union of India (Uoi) and ors.

Court : Allahabad

Reported in : 2005(4)AWC3745; 2005(4)ESC2489

..... the counsel for the national commission for minority educational institutions (hereinafter referred to as the commission) after referring to the historical background in which the said commission has been established, has made reference to facts leading to establishment of the university as well as to various provisions of the aligarh muslim university ..... of the contention raised by the counsel, for the university and union of india would be that, in case it is held that amendment incorporated vide act 1981 declare aligarh muslim university to be a minority institution with reference to article 30, it would logically follow that the amendments made vide amending act, 1951 and the amending act of 1965, whereby the constitution of the governing bodies was altered by the legislature would ipso facto be rendered void, being hit by article 13 of the constitution of india inasmuch as the amendments made by the act of 1951 and 1965 would violate the rights of the minority ..... examine closely what happened in 1920 when the 1920 act was passed to decide (firstly) whether in the face of that act it could be said that the aligarh university was established by the muslim minority, (secondly) whether the right to administer it, ever vested in the minority and (thirdly) even if the right to administer some properties that came to the university vested in the minority before the establishment of the aligarh university, whether it had been surrendered when the aligarh university came to be established .....

The Aligarh Muslim University Through Its Vice-chancellor Vs. Malay Sh ...

Court : Allahabad

Reported in : 2006(1)AWC992

..... as observed above, the basis of the judgment of azeez basha's case regarding administration by minority has not even touched by 1981 amendment act, it is no more open for us to consider the submission that minority is administering the aligarh muslim university and it be declared as a minority institution. ..... on behalf of the national commission for minority educational institutes, sri ravindra srivastava, senior advocate, has been heard who has also filed an appeal against the judgment as intervenor. ..... this brings us to a second point, which arose during the course of argument; it was not argued in the court below, bat the court having felt the necessity of hearing views of both sides on it, put the query to them and answers came forth with all the usual compliance and learned expertise.75. ..... ), the supreme court vide its order dated 26th november, 1981 noted the doubts expressed on the correctness of the azeez basha's case and by the said order matter was directed to be placed before hon'ble the chief justice for being heard by a bench of seven judges which writ petition was ultimately decided by order dated 11th march, 2003 with following observations:these matters are covered by the decision of a constitution bench of this court in writ petition no. .....

Jesus and Mary College Vs. University of Delhi and anr.

Court : Delhi

Reported in : 137(2007)DLT138

..... the petitioner, an aided minority educational institution, has filed this writ petition seeking the following reliefs:(a) a declaration that clause 7(4a) of ordinance xviii of delhi university is ultra virus and unconstitutional;(b) a declaration that amended clause 7(4a) of ordinance xviii of delhi university does not apply to the petitioner;(c) a writ of certiorari to quash an order dated 13.2.2006 passed by the national commission for minority educational institutions2. ..... college or a college maintained by the government) affiliated before the commencement of the gujarat university (amendment) act, 1972 (hereinafter in this section referred to as 'such commencement')-(b) that for recruitment of the principal and members of the teaching staff of a college there is a selection committee of the college which shall include-(1) in the case of recruitment of the principal, a representative of the university nominated by the vice-chancellor, and(2) in the case of recruitment of a member of the teaching staff of the college, a representative of the university nominated by the vice-chancellor and the head of the department, if any, concerned with the subject to be taught by such ..... . the choice of nominating two persons from the panel in the second category is still with the chairperson of the governing body and it cannot be said that there is no freedom of choice with the petitioner in this regard ..... . 8599/2003 secretary, malankara syrian c .....

The State of West Bengal Vs. Kesoram Industries Ltd. and ors.

Court : Supreme Court of India

Reported in : (2004)187CTR(SC)219; [2004]266ITR721(SC); JT2004(1)SC375; 2004(1)SCALE425; (2004)10SCC201

..... the impugned provisions were incorporatedby the west bengal taxation laws (second amendment) act 1989 into the westbengal primary education act, 1973 and the west bengal rural employment andproduction act, 1976, both the amendments were identical and have been setout in the earlier part of this judgment.while the state sought to justify the levy of impugned cess by reference toentry 49 of list ii, the writ petitioner laid challenge to the ..... a minor mineral, the same under certaintenancy laws can be used by the raiyats for building their own houses.by way of example, we may notice sub-section (2) of section 21 of thechota nagpur tenancy act, 1908 which reads thus:"(2) notwithstanding anything contained in any entries in the record ofrights or any local custom or usage to the contrary, the following shallnot be deemed to impair the value of the land materially or to render itunfit for purposes of the tenancy, namely :-(a) the manufacture of bricks and tiles for the domestic or agriculturalpurposes of ..... a statutory scheme, viz.tea (marketing) control order, 2003.furthermore, once it is found that the definition of 'tea' both in thetea act and the impugned acts is the same, the court cannot keep the effectof sections 25 and 30 of the act out of its consideration for the purposeof ascertaining the true scope and purport thereof.it is relevant to note that in goodricke group (supra), no opinion wasexpressed on section 25 of the act or the notification dated 30.10.1986issued .....

R.C. Poudyal and ors. Vs. Union of India and Others

Court : Supreme Court of India

Reported in : AIR1993SC1804; JT1993(2)SC1; 1993(1)SCALE489; 1994Supp(1)SCC324; [1993]1SCR891

..... although the expression 'secular' did not find a place in the constitution prior to its insertion in the article by constitution (forty-second amendment) act, that, but the commitment of the leaders of our freedom struggle during the course of freedom movement which finds expression in the various provisions of the constitution leaves no room for doubt that secularism is one of the basic features of the constitution. ..... for the speedy development of sikkim in the social, economic and political field, the government of sikkim may-(a) request the government of india to include the planned development of sikkim within the ambit of the planning commission of india while that commission is preparing plans for the economic and social development of india and to appropriately associate officials from sikkim in such work; (b) request the government of india to provide facilities for students from sikkim in institutions for higher learning and for the employment of people from sikkim in the public services of india (including all - india ..... this of course does not lead to the conclusion that power would be concentrated in the hands of the minority, or that their would be division of the authority in the matter of carrying on the affairs of the state, on mathematically equal terms, between the different groups; because the first will result in the abnegation of democracy itself, and the second will lead to an unworkable situation ending in chaos. .....

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

Court : Supreme Court of India

Reported in : AIR2003SC355; 2003(51)BLJR158; JT2002(9)SC1; 2003(1)KarLJ1; (2002)8SCC481; (2002)3UPLBEC2817

..... in the year 1976 by fourty-second amendment act, the entries 11and 25 of list ii of seventh schedule relating to education and vocationaland technical training labour respectively were transferred to theconcurrent list as entry no. 25 ..... 25 of list 111, the existence of a minoritycommunity should in all circumstances and for purposes of all laws of thatstate be determined on the basis of the population of the whole state orwhether it should be determined on the state basis only when the validityof a law extending to the whole state is in question or whether it should bedetermined on the basis of the population of a particular locality when thelaw under attack applies only to that locality, for the bill before us extendsto the whole of the state of kerala and consequently the minority must bedetermined by reference to the entire population of that ..... - one of its members wantedcertain rights for minorities being incorporated in the fundamental rights.he was advised by the fundamental rights committee that the said reportregarding rights of minorities may be placed before the minority sub-committee. ..... the sub-committee in its report to the commission on human rights reported thus:'protection of minorities is the protection of non-dominant groups, which,while wishing in general for equality of treatment with the minority, wishfor a measure of differential treatment in order to preserve basiccharacteristics which they possess and which distinguish them from themajority of the population .....

A.K. Chaudhary and 2 ors. Vs. the State of Gujarat and 2 ors.

Court : Gujarat

Reported in : 2006CriLJ726

..... order is not revoked, may be after recommendation by the vigilance commission or may be after the recommendation by the commission for minority or may be after making representations by the deceased and if the charge-sheet is served contemplating to hold the departmental inquiry as per the staff regulations, may be either in discharge of the duty or in purported exercise of the duty or even if it is due to the alleged conspiracy, the normal conduct of the delinquent employee would be to approach court of law for seeking justice, but such cannot be said as creating a situation leaving no option to the delinquent employee, but to commit suicide. ..... this provision was introduced by the criminal law (second) amendment act, 1983 with effect from 26-12-1983 to meet a social demand to resolve difficulty of proof where helpless married women were eliminated by being forced to commit suicide by the husband or in-laws and incriminating evidence was usually available within the four corners of the matrimonial home and hence was not available to anyone outside the occupants of the house. ..... (k) the vigilance department of lic also held an inquiry and had exonerated the deceased in the month of november, 2003. .....