Court : Allahabad
Reported in : 2004(1)AWC719; (2004)2UPLBEC1593
..... this court in the impugned judgment has also noted that there is no provision in banaras hindu university act, 1915, akin to section 2 (13) of the u.p. state universities act, 1973, read with statute 13.04 (f) and statute 13.34 of the first statutes of the university. the implied power of the vice-chancellor to know as to who is the managing committee is only an administrative power ..... ) it shall be the duty of the vice-chancellor to see that the provisions of this act, the statutes, the ordinances and the regulations are ..... non-academic affairs. for these purposes, the act confers both express and implied powers on the vice-chancellor. the express powers included among others, the duty to ensure that the provisions of the act, statutes, ordinances and regulations are observed by all concerned (section 11 (3))..........'19. section 7c of the banaras hindu university act, 1915, enumerates the express powers and duties of the vice-chancellor. section 7c(3) provides as under :'7c (3 .....Tag this Judgment!
Court : Allahabad
Reported in : 2000(4)AWC3187; (2001)1UPLBEC86
..... on the ground that an alternative remedy was available to the petitioner under section 68 of the u. p. state universities act.14. in pramod pathak v. vice-chancellor, banaras hindu university, varanasi and others, 1985 uplbec 634, it was held that though an aggrieved person can make representation to the visitor under section 5(7) of banaras hindu university act, 1915, but where the executive council has taken a decision, itself without jurisdiction ..... no power to make any appointment under section 13 of the state universities act. the petitioner can challenge that ..... , the the high court can exercise jurisdiction under article 226 of the constitution of india. as discussed above, we have found that the vice-chancellor has .....Tag this Judgment!
Court : Allahabad
Reported in : AIR1950All196
..... 3 of the act is as follows :(1) the first chancellor, pro-chancellor and vice-chancellor who shall be the persons specified in this behalf by a notification of the central government ..... act. the word 'administrator' has been defined to mean a person appointed by competent authority to administer the estate and the word 'executor' to mean a person to whom the execution of the last will of a deceased person is, by the testator's appointment, confided.8. the benares hindu university was established and incorporated under act xvi  of 1915 (the benares hindu university act, 1915). section ..... are the two main points for decision in this appeal. the benares hindu university is the universal legatee and would, therefore, be entitled to a grant of letters of administration under section 232, succession act, unless debarred by section 386 of the act.7. section 236 of the act is as follows : 'letters of administration cannot be granted to any ..... of administration was dismissed by the learned single judge on the ground that the benares hindu university was an association of individuals and section 236, succession act, therefore, was a bar to the grant of letters of administration to the benares hindu university. the learned judge was also of the opinion that letters of administration could be .....Tag this Judgment!
Court : Allahabad
Reported in : AIR1960All256
..... power on the standing committee. it would thus appear that as far as the banaras hindu university act, as amended in 1951, is concerned, there is no power in the standing committee to take any disciplinary action against the students of the university. the act has conferred the power on the academic council (section -11). there is no statute framed conferring that power on the standing committee ..... given a copy of certain papers, enumerated in paragraph 5 of the supplementary counter-affidavit, which included a copy of the report of the committee appointed by the vice chancellor. the committee appointed by the vice chancellor had classified the offending students into 9 classes, though the chief proctor had classified them into 3 classes only. on a consideration of the matter, the standing ..... the standing committee of the academic council (hereinafter called the standing committee) had no power or authority to punish the students of the university. i think this contention of the learned counsel has force. the banaras hindu university act was passed in 1915 and was substantially amended in 1922, 1930 and 1951. reference need only be made to -some of the amendments introduced by the amending .....Tag this Judgment!
Court : Mumbai
Reported in : (1982)84BOMLR67
..... as has been held under the benaras hindu university act in akshaibar lal v. vice chancellor : 3scr386 . the facts in that case were in a way similar to the facts before us. ordinance no. 6 under the 1915 act provided for a procedure for taking disciplinary actions against the university employees. statute no. 30 under the 1958 act also provided for such an action. ..... v. p.g. patil similar savings provisions fell for interpretation inasmuch as the division bench was concerned with interpretation of section 91(xi) of shivaji university act (1974) which are pari materia to the provisions of the nagpur university act of 1974. in that case, the question that fell for consideration was whether the petitioners were prevented from holding office ..... call for the documents and other material which was not before the enquiry committee are concerned, the learned counsel relying on the provisions of nagpur university act 1963 contended that as per the provisions of section 20(ecu), (xx), (xxviii) and (xxix) the executive council would exercise very wide powers and perform such duties which were not only ..... 1974. the respondent was governed by statute, which was then in force viz. the nagpur university act, 1963.' the nagpur university act, 1963 (maharashtra act no. 22 of 1964) is repealed by section 90 of the nagpur university act, 1974. the respondent had made a representation to the nagpur university as provided and permitted under statute 71, clause (14). on the date on which this .....Tag this Judgment!
Court : Allahabad
Reported in : (1999)3UPLBEC2149
..... the said school chapter vi provides for the ordinance governing the management of the institution under the school board framed under statute 41(2). it appears that the school board is to consist of five officials namely, (a) vice chancellor ..... make such law, bye law, rule or regulation is very much a law.39. in the present case the executive council is empowered to make law under the banaras hindu university act, 1915. section 18(3) empowers the executive council to amend repeal or add to the ordinance. executive council is in charge of the management and administration of the ..... of s. k. lamba v. state of u.p., (1993) 3 uplbec 1624), by a division bench. he then contends that in view of sub-section 6 of section 18 of the banaras hindu university act, 1915 every ordinance is to be placed before the visitor who may disallow of remit the same to the executive council. according to him, in the present case, there ..... is not in conformity with the act or statute or the ordinance. the expression 'university' used in sub-section-(7) of section 5 includes the management of the school which are am and maintained by the university itself as is apparent from section 15 of the banaras hindu university act 1915. admittedly, the central hindu girls school is a school maintained by the university. for the purpose of maintenance of .....Tag this Judgment!
Court : Allahabad
Reported in : AIR1925All253a
..... to consider. the foundation of it is to be found in regulation 10 of chapter xxvi of the regulations of the benares hindu university. these are the original regulations of the university which, in accordance with section 18(2) of the act xvi of 1915, by which the said univer-no. sity was constituted, were framed under the direction of the governor-general in council, received ..... not rejected by the trial court on the ground that on the face of it, it disclosed no cause of action; but summons having been issued to the benares hindu university through its vice-chancellor, the case was set down for settlement of issues; and after one adjournment, granted for the convenience of the defendant, the trial court, on the 9th of october, 1924 ..... an affirmative finding on issue no. 1. the relevant sections of the act are 42, 54 and 55. it serves little purpose to refer to the provisions of section 45 of the same act, which admittedly have no application to this court, and a fortiori no application to the court of the subordinate judge of banaras in which this suit was instituted. before the plaintiff ..... can obtain relief by way of declaration under the provisions of section 42 of act i of 1877, he must show that he is a person entitled to some legal character, and that this .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR1961SC619; 3SCR386
..... iv of 1958) to amend the banaras hindu university act, 1915. by s. 8 of the ordinance, the statutes of the university were amended, and in place of statute no. 30, another statute was substituted, which set up a 'screening committee', consisting of (a) a person who is or has been a judge of a high court (chairman), (b) the vice-chancellor (ex officio) and (c) ..... by resolution no. 181 reconstituted the material ordinance. chapter iii in part i of the banaras hindu university calendar (1958) contains the terms of appointment, grades, salary and conditions of service of teachers, officers and other employees of the university. that chapter is divided into many sections and sub-sections. section 5 deals with teaching and administrative posts, and s. 6, with the conditions of ..... to frame statutes was conferred on the executive council by s. 17(3), but was subject to the previous approval of the visitor. this sub-section, as it was amended by s. 4 of the banaras hindu university (amendment) act, 1958, read as follows : 'the executive council may, from time to time, make new or additional statutes or may amend or repeal the ..... statutes or any amendment or repeal of a statute shall require the previous approval of the visitor who may sanction, disallow or remit it for further consideration.' 15. section 4a of the act invested the university with powers, and sub-ss. (7) and (13) may be quoted here : '(7) to institute professorships, readerships lectureships and other teaching posts required by .....Tag this Judgment!
Court : Allahabad
Reported in : AIR1967All535
..... charge of indiscipline which power vests only in the academic council.it was further submitted that since under the banaras hindu university act by its section 11 it is the academic council which is the supreme authority in charge of the discipline of students and by section 12 it is the standing committee which can only exercise such powers and such duties as may be vested ..... came to know of the decision of the standing committee that he had been expelled with immediate effect from the university he applied to the vice chancellor for being permitted at least to complete the examination which was going on at that time. the vice chancellor permitted the petitioner to continue to appear in b.a. (part iii) examinations of 1965 subject to the approval ..... the petitioner may not be admitted to any college of the university in future. this was the action taken by the standing committee in regard to the earlier incidents. the proceedings then show that the vice-chancellor read out the letter dated 12th march, 1965 received from the principal regarding further acts of indiscipline and grave misbehaviour on the part of the petitioner ..... report to the dean of students for entry in the conduct book. the dean of students shall finally submit these cases for further action to the vice-chancellor/pro vice-chancellor 'it was submitted on behalf of the university that the principals of the colleges and the wardens of the hostels are the authorities who in the first instance held an enquiry and it is .....Tag this Judgment!
Court : Allahabad
Reported in : AIR1993All203; (1993)1UPLBEC288
..... these appeals it will be profitable at this stage to refer to the relevant provisions of the act, statutes and ordinances under which the university was constituted and it functions. the university was constituted by the banaras hindu university act, 1915 ('act' for short). section 8a of the act lays down the authorities of the university and one of the authorities mentioned therein is the academic council. the role of the academic ..... council is delineated in s. 11 of the act, which reads as under :--'the academic council shall be the ..... reliance may be placed on the division bench judgment of this court in the case of awadhesh kumar saxena v. vice-chancellor, banaras hindu university, reported in (1989) 2 uplbec 379, wherein it was observed as under:--'section 11 inter alia, provides that the academic council shall be the academic body of the university and shall have charge of the organization of study and research in the .....Tag this Judgment!