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Sushanta Tagore and ors. Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Reported in : AIR2005SC1975; (SCSuppl)2005(2)CHN183; JT2005(3)SC48; (2005)3SCC16; (2005)2UPLBEC1615

..... an environment ambiance had all along been maintained in consonance with the ideals of tagore and for which the same was established.the act:5.the parliament with a view to preserve and protect the uniqueness, tradition and special features of the said university, in exercise of its legislative power conferred on it under entry 63, list i of the seven schedule of the constitution of india enacted the visva-bharati act, 1951 (the act) declaring it to be an institution of national importance. ..... among other things, the report recommended that:(i) no more housing projects be undertaken until ssda's perspective plan 2025 including visva bharati's special requirements was approved,(ii) ensure minimal damage to the remaining khoai so as to preserve its natural beauty, heritage and natural drainage system,(iii) a satellite township be built at a suitable distance from the visva bharati area.analysis of the provisions of the act:28. ..... the state, having regard to the purport and object of the act, has, thus, a duty to see that the environmental ambiance which would not be in consonance with the ideals of visva bharati should not be undertaken. ..... construction of residential cum commercial complexes by developers and promoters in utter disregard of, inter alia, environmental and pollution control laws and requirements which had endangered the very purpose, tradition and objective with which visva bharati was established and which was thereafter sought to be preserved by the act. .....

Visva Bharati Vs. Smt. Rakhi Debnath and ors.

Court : Kolkata

Reported in : (1996)1CALLT51(HC)

..... but by virtu of the amendment of the visva bharati act, 1951, visva bharati music board was amalgamated with the 'visva bharati' and all properties including assets, rights and liabilities became vested in the petitioner no. ..... price in excess of the price fixed by or under any law for the time being in force or displayed on the goods or any package containing such goods with a view to obtaining any relief provided by or under this act;(v) goods which will be hazardous to life and safety when used, are being offered for sale to the public in contravention of the provisions of any law for the time being in force requiring traders to display information ..... label design of the cassette should inscribe the words approved by the visya bharati music board or visva bharati snageet samiti anumodita.5. ..... pahari appearing for visva bharati, strongly urged and relied upon a decision reported in air 1965 ..... 1 that the visva bharati authority had not been impleaded as a party before the district consumers redresal forum but the complainant somehow to take an order only impleaded ..... prior to 11.9.93 the visva bharati (society) music board was engaged itself to preserve, protect and improvise the musical legendary work of rabindra ..... therefore, the trite position emerged from the above discussion is that when other efficacious remedy under the act is available to a litigant, he without exhausting such remedy should not resort to the extra ordinary remedy available under article 226 of the constitution of .....

Milk Producers Association, Orissa and ors. Vs. State of Orissa and or ...

Court : Supreme Court of India

Reported in : AIR2006SC3508; 101(2006)CLT715(SC); JT2006(2)SC217; 2006(2)SCALE262; (2006)3SCC229

..... concerned with interpretation of the provisions of visva-bharati act, 1951 which was enacted to preserve and protect the uniqueness, tradition and special features of visva-bharati university. ..... advised to keep in mind the provisions of the act, the object and purpose for which it has been enacted as also the report of the west bengal pollution ..... a land use plan should be prepared not only having regard to the provisions contained in the 1979 act and the rules and regulations framed thereunder but also the provisions of other statutes enacted therefor and in particular those for protection and preservation of ecology and environment.as visva-bharati has the unique distinction of being not only a university of national importance but also a unitary one, ssda should be well ..... the conditions thereof is an obligation both under article 21 and under the act.we have noticed hereinbefore that the provisions of the orissa municipal corporation act also aim at maintenance of health and hygienic amongst the residents of the ..... on the other hand, is that having regard to the provisions contained in the orissa municipal corporation act, 2003 and in view of the master plan, the appellants must vacate the lands possessed by them .....

Visva Bharati Vs. Regional Provident Fund Commissioner

Court : Kolkata

Reported in : (1983)ILLJ332Cal

..... the petitioner, visva bharati, is a university incorporated by an act of parliament being the visva bharati act, 1951 (hereinafter referred to as 'the act') and is situated at sahtiniketan in the district of birbhum in west bengal. ..... ginwalla, appearing on behalf of the petitioner, has submitted that the university which was incorporated under the visva-bharati act, 1951 was constituted as a body corporate as a unitary teaching and residential university as laid down in section 4 of the said act, and the university as a whole should be taken into account in considering the question whether it would come under the provisions of the act. mr. ..... the visva-bharati university was incorporated under the provisions of the visva-bharati act, 1951. ..... moreover, from section 4 of the visva-bharati act, it is clear that the visva-bharati university was constituted a body corporate as unitary teaching and residential university. ..... therefore, if the university as an establishment does not come under the provisions and or the purview of the act, the different branches or departments of the university which the university is empowered and or entitled to maintain under the provision of the visva bharati act cannot be brought within the mischief of the act.16. .....

Sri B L Shankarappa Vs. Federation Of Karnataka Chambers

Court : Karnataka

..... for instance, section 6.2 of the visva bharati act, 1951 relating to tagore s santiniketana provides for such ..... land & funds have been allotted to the fkcci by the government in bangalore & dabaspet, or that certain exemption & concessions under the provisions of income tax act, 1961 are selectively made available, does not make the same to fall within the term other authorities employed in article 12 of the constitution. ..... no material is placed on record to show that in the past any of the observers have acted partisanly and 26 marred free & fair elections, to the disadvantage of anyone, much less the petitioner ..... , annexure-a to ensure compliance/conformance with the provisions of the companies act, 2013 and rules framed thereunder; b) directing respondent no.1 to table the report of the bye-law committee dated 01-04-2021 (annexure-d) before the general body for approval; c) declaring the practice of appointing past presidents as ..... , annexure-a to ensure compliance/conformance with the provisions of the companies act, 2013 and rules framed thereunder and directing r-1 to table the report of the bye-law committee dated0104-2021 (annexure-d) before the general body ..... section 14(1) provides that subject to the provisions of this act and the conditions contained in the memorandum, if any, a company may, by a special resolution, alter ..... the companies incorporated u/s 8 of the 2013 act cannot amend or alter their memorandum of association and articles of association sans prior approval of .....

Venkitaraman Vs. Labour Court and ors.

Court : Kerala

Reported in : (1982)ILLJ454Ker

..... in this connection, it would be useful to refer to the definition of the word 'teacher' in the aligarh muslim university act, 1920, banares hindu university act, 1915 and the visva-bharati act, 1951:2(k) 'teachers' means professors, readers, lecturers and such other persons as may be appointed for imparting instruction in the university or a hall and are designated as teachers by the ordinances (amu)2(i) (teacher) means a salaried professor, reader, lecture ..... including an apprentice) employed in any industry to do any skilled or unskilled manual, supervisory, technical or clerical work for hire or reward, whether the terms of employment be expressed or implied and for the purpose of any proceeding under this act in relation to an industrial dispute, includes any such person who has been dismissed, discharged or retrenched in connection with, or as a consequence of, that disputetor whose dismissal, discharge or retrenchment has led to that dispute; but does not include ..... any such person-(i) who is subject to the army act, 1950 (xlvi of 1950), or the air force act, 1950 (xlv of 1950), or the navy (discipline), act, 1934 xxxiv of 1934); or(ii) who is employed in the police service or as an officer or other employee of a prison ; or(iii) who is employed mainly in a managerial or administrative capacity ; or(iv) who, being employed in a .....

Bombay Dyeing and Mfg. Co. Ltd. Vs. Bombay Environmental Action Group ...

Court : Supreme Court of India

Reported in : AIR2006SC1489; 2006(3)BomCR260; (2006)4CompLJ4(SC); JT2006(3)SC235; 2006(3)SCALE1; (2006)3SCC434; [2006]67SCL107(SC)

..... the bifr scheme evidently was referred to as this court noticed that even statutory authorities constituted under a parliamentary act found it necessary to direct sale of the mill lands in public interest. ..... (iii) the clarification made by the state is neither ultra vires section 37 of the mrtp act nor is violative of the constitutional provisions. ..... reference to bifr in terms of section 16 of the act evidently was made for the aforementioned purpose. ..... it was in any event not concerned with the interpretation and/or applicability of the provisions of the mrtp act or the regulation framed thereunder. ..... according to them, rmms is the only representative and approved trade union under the bombay industrial relations act for greater bombay. ..... in some cases, the development agreements have been fully acted upon.268. ..... the high court, in our considered opinion, thus, committed a manifest error in acting thereupon. ..... the high court in this case did not declare dcr 58 to be ultra vires the constitution or the provisions of the mrtp act.276. .....

Coastal Papers Limited, Rep. by Its Managing Director, Mr. C.V. Rao Vs ...

Court : Andhra Pradesh

Reported in : 1996(1)ALT54

..... section 11 of the industries (development and regulation) act, 1951, provides that no industrial undertaking shall be established without a licence and such licence shall contain conditions as to the location of the undertaking and the minimum standards in respect of size to be provided therein as the central ..... also pointed out that the extent of allocation of raw material depended upon the order of the cane commissioner under the andhra pradesh sugarcane (regulation and supply and purchase) act, in respect of which alternative remedies were available and, therefore, the writ petition was not maintainable. 4. ..... this part of the programme is essentially a policy matter and as long as the act and the rules do not provide that the licences can be given only in respect of existing adequate supply of raw material for making the unit viable, it is not possible for the appellant to contend ..... we are also of the opinion that neither the act nor the rules provide for guaranteeing adequate supply of raw material particularly when the letters of intent were given for development of backward area with potential availability and not existing availability of raw ..... industry is governed by the industries (development and regulation) act, and licences are to be given by the government ..... the cane commissioner is required under the act to estimate the quantity required by a factory, declare the area as the factory zone for the supply of cane so that the cane grown in that area is offered for sale only .....

Andhra University Vs. Regional Provident Fund Commissioner of Andhra P ...

Court : Supreme Court of India

Reported in : AIR1986SC463; [1985(51)FLR605]; 1986LabIC103; (1986)ILLJ155SC; 1985(2)SCALE752; (1985)4SCC509; [1985]Supp3SCR582; 1986(1)LC31(SC)

..... the learned judge was of the view that 'if the university as an establishment does not come under the provisions and or the purview of the act, the different branches or departments of the university which the university empowered and or entitled to maintain under the provision of the visva bharati act cannot be brought within the mischief of the act. ..... regional provident fund commissioner, west bengal : (1983)illj332cal wherein it was held that the provisions of the act were inapplicable in respect of a 'silpa sadan', agricultural farm and a hospital run by the visva-bharati university. ..... pradesh intimating them that the departments of publications and press wherein printing presses were being run by the two universities, were liable for coverage under the employees' provident funds and miscellaneous provisions act (hereinafter called the 'act and scheme') and calling upon the two universities to submit their monthly returns and remit the amounts of contribution as required by the provisions of the scheme. ..... our attention was drawn to a decision of a learned single judge of the calcutta high court in visva bharati v. ..... for sustaining this contention support was sought to be derived from section 2-a of the act, which is in the following terms:2-a establishment to include all departments and branches -for the removal of doubts, it is hereby declared that where an establishment consists of different departments or has branches, whether situate in the same place or in different .....

Christian Medical College Vs. E.S.i.C

Court : Supreme Court of India

Reported in : [2001(88)FLR267]; (2001)ILLJ18SC; (2001)1MLJ112(SC); 2000(7)SCALE575; (2001)1UPLBEC181

..... learned judge was of the view that 'if the university as an establishment does not come under the provisions and or the purview of the act, the different branches or departments of the university which the university is empowered and or entitled to maintain under the provision of the visva bharati act cannot be brought within the mischief of the act. ..... (1983)illj332cal , wherein it was held that the provisions of the act were inapplicable in respect of a 'silpa sadan', agricultural farm and a hospital run by the visva bharati university. ..... attention was drawn to a decision of a learned single judge of the calcutta high court in visva bharati v. ..... in : (1986)illj136sc , this court has on above mentioned principles, held that the employees insurance act also applied to department of publication and press of the osmania university.7. ..... it would have to be held that the provisions of the employees insurance act are applicable to the equipment maintenance department of the appellant.21. ..... on the above decisions, the appellate court held that the provisions of employees insurance act would apply to the equipment maintenance department of the appellant.8. mr. ..... 1978 the respondent issued a notice to the appellant stating that the equipment maintenance department fell within the purview of section 2(12) of the employees state insurance act, 1948 (hereinafter referred to as the employees insurance act) and that the appellant should comply with the provisions of the act with retrospective effect. .....