Court : Mumbai
Decided on : Mar-08-1985
Reported in : 1985(2)BomCR136
..... statutory in character against the management. but, where the writ petition filed by the headmaster of a private school was directed against an order passed in a quasi judicial proceeding by the director of education on review a jurisdiction not conferred on him and no relief was claimed by the headmaster against the management, the writ petition would be maintainable ..... india bella vista, hyderabad. (1985) 1 c.c.c. the question arose whether an order of termination of service passed without giving any show-cause notice and without disclosing valid and substantial reasons for termination by the management of the college is invalid and unconstitutional as it is violative of principles of natural justice. it is observed that :---'in ajay ..... prescribing the conditions for giving grants-in-aid to educational institutions by mere executive instructions which have not the force of statutory rules. the assam aided college employees rules (1960) regarding conduct and discipline of employees of aided educational institutions admittedly have no statutory force and are framed in order to give revised grants to private colleges to enable them ..... country sponsored by the government. the college is established and its administration and management are carried on by a society registered under the jammu and kashmir registration of societies act, 1898. having regard to the memorandum of association and the rules of the society it was held that the society is an instrumentality or the agency of the state .....Tag this Judgment!
Court : Madhya Pradesh
Decided on : Oct-03-1985
Reported in : AIR1986MP115; 1986MPLJ169
..... parting, i would like to mention that in these proceedings, it is difficult and if i may say so, not desirable, to plunge into scrutinizing each and every envelope to find out if it has been ..... chancellor properly interpreted the term and has, therefore, turned down the petitioner's request for re-examination of the rejected ballot papers and to hold those votes validly cast. i do not see any infirmity in the order of the vice-chancellor (annexure-e). i would, therefore, dismiss the petition. 20. before ..... petitioner in m.p. no. 2747 of 1984, has filed an election petition challenging the election of persons as representatives of registered graduates. there alone the validity of a particular vote for the ballot having not been kept in 'duly sealed envelope' can be scrutinised. 16. for these reasons, i would refrain ..... a few with a view to only satisfy our curiosity. it will, therefore, be not possible to return any definite opinion as to the validity of action of the returning officer in rejecting the good number of ballot papers as he has done in the present case. the matter can ..... but also persons having implied authority. the supreme court in mohamed kamgarh shah v. jagdish chandra air 1960 sc 953 while considering the words 'duly authorised' in explanation ii to section 19 ofthe limitation act, 1908 read this word in a broader sense and held that it would include duly authorised either .....Tag this Judgment!
Court : Madhya Pradesh
Decided on : Apr-27-1985
Reported in : 1985MPLJ549
..... opportunity' that is, one opportunity on the factual allegations and another on the proposed penalty. both may be rolled into one. but the person proceeded against must know that he is being required to meet the allegations which might lead to a certain action being taken against him. if that ..... the tribunal or authority passing the final order; m. p. industries ltd. v. union of india 1966 m p l j 256 : air 1960 sc 671 at p. 675. it was. therefore, open to the government in the exercise of its discretion to refuse the request of the corporation ..... grounds on which minister could take action (which are similar to those contained in section 422 of the madhya pradesh municipal corporation act) implied a duty to act judicially and that the consequences of dissolution were so drastic that they pointed in the same direction. their lordships, therefore, held that ..... or 'if it appears to the satisfaction of.....'or if the....................considers it expedient.... .... .... ....' or ' if the .........is satisfied', a duty to act judicially is excluded; it was observed that these various formulas are introductory of the matter to be considered and are given little guidance upon the question of ..... of natural justice. section 277 of the ceylon municipal ordinance is worded in similar language as section 422 of the madhya pradesh municipal corporation act, except this that the former does neither contain any express provision that an opportunity will be given to the municipal council to show cause .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Apr-24-1985
Reported in : AIR1985SC1605; [1985(51)FLR461]; 1985LabIC1257; (1986)ILLJ278SC; 1985(1)SCALE1024; 1985Supp(1)SCC221; 3SCR914; 1985(2)SLJ39(SC)
..... fix the seniority of the appellants and other officers similarly situated in accordance with what we have said above.23. a further question was raised by the appellants regarding the validity of the paragraph 1(iii) of the police regulation, calcutta, 1967 which provides that directly recruited sub-inspectors shall be eligible to sit for the departmental examination to qualify ..... selection board and had never been sent to the police training college. they had never gone through the selection process prescribed by the rules and could not therefore have been validly appointed as officiating sub-inspectors of police or confirmed as sub-inspectors of police. the appellants, at least two of them, have been officiating as sub-inspectors of ..... inspectors will be in accordance with their position in the final examination at the police training school.in supersession of this order, a further order was issued on december 14, 1960 laying down the principles to be followed in determining the relative seniority of probationary sub-inspectors of the calcutta police. the principles were as follows : -(1) the seniority of ..... sub-inspectors shall count towards increment of pay.8. in 1967, the police regulations, calcutta were framed under section 3 of the calcutta suburban police act, 1866 and section 9 of the calcutta police act. chapter xv dealt with method of recruitment, qualifications for appointment including age and conditions of service. paragraph 3 of chapter xv dealt with sub-inspectors .....Tag this Judgment!
Court : US Supreme Court
Decided on : Jun-27-1985
..... decision in nlrb v. marine & shipbuilding workers, 391 u. s. 418 (1968), demonstrates that many union rules, although valid under the common law of associations, run afoul of 8(b)(1)(a) of the act. [ footnote 26 ] there the union expelled page 473 u. s. 114 a member who failed to comply with a ..... . s. 125 the court thus faces the same situation it addressed when it rejected the board's interpretation of the recognitional picketing provisions of the act in nlrb v. drivers, 362 u. s. 274 (1960) ( curtis bros. ). "plainly, the [union's] conduct in the instant case would have been prohibited if the house bill had become law ..... . nlrb, 441 u. s. 488 , 441 u. s. 496 (1979), quoting nlrb v. insurance agents, 361 u. s. 477 , 361 u. s. 499 (1960). page 473 u. s. 117 where the statutory language is rationally susceptible to contrary readings, and the search for congressional intent is unenlightening, deference to the board is not only ..... their own members or those outside their union." 93 cong.rec. 4025 (1947) (emphasis added). [ footnote 24 ] nlrb v. drivers, 362 u. s. 274 (1960), is not controlling. there, the court held that recognitional picketing did not "restrain or coerce" employees in violation of 8(b)(1)(a), 29 u.s.c. 158( ..... 8(b)(1)(a). id. at 15722-15723. as this court observed in nlrb v. drivers, 362 u. s. 274 , 362 u. s. 291 (1960): "[w]hat congress did in 1959 does not establish what it meant in 1947. however, as another major step in an evolving pattern of regulation of union conduct, .....Tag this Judgment!
Court : US Supreme Court
Decided on : Jan-15-1985
..... supreme court's holding on this question is plainly correct. as the state court noted, this case does not involve the use of evidence in a school disciplinary proceeding; the juvenile proceedings brought against t.l.o. involved a charge that would have been a criminal offense if committed by an adult. [ footnote 4/3 ] accordingly, the exclusionary ..... discounted by the fact that, where additional flexibility is necessary and where the intrusion is minor, traditional fourth amendment jurisprudence itself displaces probable cause when it determines the validity of a search. a legitimate balancing test whose function was something more substantial than reaching a predetermined conclusion acceptable to this court's impressions of what authority teachers ..... the federal constitution, by virtue of the fourteenth amendment, prohibits unreasonable searches and seizures by state officers." elkins v. united states, 364 u. s. 206 , 364 u. s. 213 (1960); accord, mapp v. ohio, 367 u. s. 643 (1961); wolf v. colorado, 338 u. s. 25 (1949). equally indisputable is the proposition that the fourteenth amendment protects the ..... statutes regulating school disciplinary policies and establishing the authority of school officials over their students. in carrying out searches and other disciplinary functions pursuant to such policies, school officials act as representatives of the state, not merely as surrogates for the parents, and they page 469 u. s. 337 cannot claim the parents' immunity from the strictures .....Tag this Judgment!
Court : Income Tax Appellate Tribunal ITAT Ahmedabad
Decided on : Oct-31-1985
Reported in : (1986)18ITD279(Ahd.)
..... to give rs. 50 lakhs to the assessee. the assessee made that claim from his elder brother, dispute arose thereupon and the assessee was about to take proceedings in that respect. this was stopped at the intervention of the assessee's mother who gave a letter dated 14-5-1953 to the assessee a free english ..... the assessee himself had put the value at rs. 19 lakhs and, therefore, no question of valuation arose.8. the assessee in his letter dated 25-7-1960 to the ito had stated that an amount of rs. 6 lakhs was paid to him by his father and another amount of rs. 2 lakhs was also ..... that this was a legal argument based on advice. he pointed out the meaning of the word 'bona fide' in sampath iyengar's work on gift-tax act and also contended that it was not sufficient to make a reference to section 4(1)(c) but the basis of the finding regarding bona fides had ..... assessee had an enforceable claim against his mother and if so what was its value. secondly, whether the assessee had surrendered that claim and if so whether that act was bona fide. according to him, the first two questions, namely, enforceably of the claim and its value were settled by the supreme court decision in ..... the assessee which was surrendered by him to his mother and levied gift-tax on that amount applying the provisions of section 4(1)(c) of the gift-tax act, 1958. the commissioner (appeals) has confirmed that order.6. the learned counsel for the assessee put forward the following arguments: (i) when the assessee entered .....Tag this Judgment!
Court : US Supreme Court
Decided on : Jul-02-1985
..... they have agreed to settle their dispute can be expected to select arbitrators accordingly. [ footnote 18 ] we decline to indulge the presumption that the parties and arbitral body conducting a proceeding will be unable or unwilling to retain competent, conscientious, and impartial arbitrators. we are left, then, with the core of the american safety doctrine -- the fundamental importance to american ..... of foreign arbitral awards (convention),  21 u.s.t. 2517, t.i.a.s. no. 6997, of claims arising under the sherman act, 15 u.s.c. 1 et seq., and encompassed within a valid arbitration clause in an agreement embodying an international commercial transaction. i petitioner-cross-respondent mitsubishi motors corporation (mitsubishi) is a japanese corporation which manufactures automobiles ..... the law of the shop, not the law of the land. united steelworkers of america v. warrior & gulf navigation co., 363 u. s. 574 , 363 u. s. 581 -583 (1960). parties usually choose an arbitrator because they trust his knowledge and judgment concerning the demands and norms of industrial relations. on the other hand, the resolution of statutory or constitutional ..... memorial hospital, 460 u.s. at 460 u. s. 24 -25. see, e.g., steelworkers v. warrior & gulf navigation co., 363 u. s. 574 , 363 u. s. 582 -583 (1960). thus, as with any other contract, the parties' intentions control, but those intentions are generously construed as to issues of arbitrability. there is no reason to depart from these guidelines .....Tag this Judgment!
Court : US Supreme Court
Decided on : Jul-01-1985
..... and compensation schemes have plagued the pesticide industry and seriously hampered the effectiveness of fifra's reforms of the registration process. "to require the industry to proceed without knowing whether the [arbitration scheme] is valid would impose a palpable and considerable hardship." id. at 461 u. s. 201 -202. at a minimum stauffer, and arguably each appellee whose ..... court. without expressing any opinion on the merits, we leave the issue open for determination on remand. v our holding is limited to the proposition that congress, acting for a valid legislative purpose pursuant to its constitutional page 473 u. s. 594 powers under article i, may create a seemingly "private" right that is so closely integrated ..... their powers or willfully misconstrue their mandate under the governing law. cf. steelworkers v. enterprise wheel & car corp., 363 u. s. 593 , 363 u. s. 597 (1960) (arbitrator must be faithful to terms of mandate, and does not sit to administer his "own brand of industrial justice"). moreover, review of constitutional error is preserved, see walters ..... a precondition for registration of a pesticide, manufacturers must submit research data to the environmental protection agency (epa) concerning the product's health, safety, and environmental effects. the 1972 act established data-sharing provisions intended to streamline pesticide registration procedures, increase competition, and avoid unnecessary duplication of data-generation costs. s.rep. no. 92-838, pp. 72-73 .....Tag this Judgment!
Court : US Supreme Court
Decided on : Jun-24-1985
..... provides for criminal punishment, in addition to administrative ejectment, for a limited class of unwelcome visitors to military installations. page 472 u. s. 696 the power to initiate criminal proceedings under 1382 is narrower than the base commander's broad power to exclude civilians from his facility. by its terms, the first clause of the statute only applies to persons ..... on base "did not leave the authorities powerless thereafter to prevent any civilian from entering . . . to speak on any subject whatever"). the fact that respondent had previously received a valid bar letter distinguished him from the general public and provided a reasonable grounds for excluding him from the base. that justification did not become less weighty when other persons were ..... 's state of mind, and there is no requirement that the government prove improper motive or intent. holdridge v. united states, 282 f.2d 302, 310-311 (ca8 1960). respondent does not dispute that he received the bar letter in 1972 and deliberately and knowingly reentered the base to which the letter applied. nothing in the language of 1382 ..... hundreds -- perhaps thousands -- of civilians would have "been removed therefrom" within the literal meaning of 1382. if the statutory language is interpreted literally, every one of these civilians would act at his peril if he accepted an invitation to the open house in the following year. [ footnote 7 ] moreover, highways or other public easements often bisect military reservations. cf. .....Tag this Judgment!