Court : Punjab and Haryana
..... 31) simultaneously with invocation of the arbitration clause. hon ble mr. justice deepak verma vide letter dated 7th january, 2014 (annexure 34) had withdrawn his consent to act as the arbitrator and had further withdrawn all his consents given by him including the appointment of hon ble mr. justice ..... appellant with observation that the appellant was entitled to ad- interim injunction as per provisions of section 9 of the arbitration and conciliation act, 1996 act. however, the learned district judge having rightly come to the conclusion that the appellant was entitled to ad interim injunction erroneously mentioned ..... sub-section (iii) supra and which was exhaustively debated before this court till midway the judgment was produced as delivered recently on 13th february, 2014 overruling previous verdicts of the same court on the point. paragraphs 51 and 52 read significantly:"1. the key to understanding what is intended ..... document fao no.1620 of 2014 and 2 connected cases 48 knowledge today that the accommodation which one could have possible got for rs. 400 per month in 1973 will today cost at least five times more. in these days of universal day to day escalation of ..... rentals any ceiling such as that imposed by section 30(ii) in 1973 can only be considered to be totally artificial and irrelevant today. as held by this court in motor general traders v. state of a.p. (1984) 1 scc222 a provision which was perfectly valid at the commencement of the act .....Tag this Judgment!
Court : Delhi
..... . justice sanjiv khanna hon'ble mr. justice v. kameswar rao sanjiv khanna, j.: these three appeals under section 81 of the delhi value added tax act, 2004 ( act?, for short) impugn a common order dated 23 rd june, 2014 passed by the appellate tribunal, value added tax ( tribunal?, for short) in the case of m/s. orix auto infrastructure services limited ( appellant?, for ..... , namely, motor vehicles @ 12.5%, machinery @ 12.5%, furniture @ 12.5%, computers @ 4%, etc. sta nos. 47/2014, 49/2014 & 50/2014 it would be page 3 of 21 appropriate to notice that the act of 2002, i.e., delhi sales tax right on right to use goods act, 2002 was an independent enactment and unlike some of the other states, the delhi sales tax ..... appeals is answered in against the appellant and in favour of the respondent revenue.22. however, the position in sta no.50/2014 would be different. the said appeal relates to imposition of penalty under section 86(10) of the act. the finding given by the tribunal reducing the penalty to 20% reads as under: 11. regarding penalty there is substance in ..... said order again has been upheld by the tribunal in the impugned decision. sta no.50/2014 is directed against 18 orders-inoriginal for monthly tax periods april, 2005 to september, 2006 under section 33 of the act imposing penalty under section 86(10) of the act @ 100% of the tax deficiency. in the impugned order, the tribunal has mitigated the said penalty .....Tag this Judgment!
Court : Allahabad
Reported in : 2008(1)SLJ492(NULL)
..... in respect of an application for being made for autonomous status and the privilege flowing there-from. for our purposes statutes 20.01 and 20.08 of the state universities act are being quoted herein below:20.01. the management of an associated college desirous of obtaining the privileges of an autonomous college shall apply to the registrar specifying clearly-( ..... 3).45. even otherwise, this court is satisfied that there was sufficient long period of one year for the ewing christian college to apply for autonomous status under the central universities act and therefore, there was no emergent situation under which the vice-chancellor could have directed the extension of autonomy of ewing christian college.46. this leads the court to ..... of article 30 of the constitution of india, have been admitted to be applicable.15. reference has also been made to the provisions of section 35(2) of the state universities act, 1973, which lay down certain special provisions in respect of minority degree colleges.16. rejoinder affidavit has been filed on behalf of the petitioner. factual statements made in respect ..... second supplementary counter affidavit has also been filed on behalf of ewing christian college on 10 th november, 2006, wherein documents pertaining to grant of autonomous status under the state universities act and subsequent extension, thereafter under the letter of the registrar dated 16 th may, 2006 have been annexed and explained. it may be clarified that for the first time the .....Tag this Judgment!
Court : Allahabad
Reported in : 1998(2)AWC1211; (1998)1UPLBEC679
b. dikshit, j.1. this writ petition is directed against a decision taken by admission committee of allahabad university. the decision of admission committee constituted under section 28 (1) of uttar pradesh state universities act (in short 'act'), which has given rise to this writ petition, is that by its resolution dated 7.2.1998 the admission committee resolved that the students who passed their ..... getting grants and allocation of funds by government in view of recommendations of the commission in discharge of its functions under section 12 of university grants commission act, the relationship of university with the autonomous college is in accordance with the said guidelines. although guidelines are with 12 headings, the portion relevant for the purpose of present case are under heading nos. ..... . thus, the students of e.c.c, are to be treated at par with other students of the university and affiliated colleges in absence of any indication in the act. statutes, ordinances and there being specific guidelines of the commission for autonomous colleges that university should ensure that students of autonomous colleges are not denied or treatedless favourably in admission to courses at .....Tag this Judgment!
Court : Delhi
..... that letter and supplied to the respondent no.1 a list of its colleges which were governed by the provisions of the university act and in respect of which the provident fund scheme as formulated by the university was also in operation the name of the petitioner-college was also included in that list. eventually, the respondent no.1, ..... petitioner-college being an affiliated college of delhi university would be excluded in terms of section 16(1)(c) of the act.3. some of the relevant facts are that the delhi university was established under delhi university act, 1922, a central act ( du act?, in short). the petitioner, an affiliated college of the delhi university was started under the name of pramila ..... principal and other members of teaching staff and the service conditions of principals and teachers.26. a close scrutiny of the aforesaid provisions of the du act indicate that the delhi university, which is an institution created under a central statute, wields deep control over the management and superintendence of the colleges?.27. further relevant provision in ..... * in the high court of delhi at new delhi judgment reserved on january 09, 2014 judgment delivered on april 21, 2014 + w.p.(c) 2448/1996 daulat ram college represented by: ..... petitioner mr. m.m.kalra, advocate with mr. kunal kalra and ms. sushma sachdeva, advocates versus ..... as communicated to the petitioner vide letter dated may 27, 1995 is set aside.34. no order as to costs. (v.kameswar rao) judge april21 2014 akb .....Tag this Judgment!
Court : Karnataka
Reported in : ILR2002KAR3150; 2002(3)KarLJ623
..... university on 28-5-1991 and the same is published in the official gazette on 21-5-1991. the object ..... attaining the age of 60 years which is the age of superannuation for the teachers working in the university?3. before i advert to the fact situation, let me notice the provisions of the kannada university act which governs the parties to this litigation.4. the act is known as kannada university act, 1991 ('act' for short). it has received the assent of the chancellor of the ..... and purpose of creating this university is for development of kannada language, culture, tradition and heritage and ..... meaning can be assigned to the expression than is put down in definition'. a definition is an explicit statement of the full connotation of a term'.7. the act and statute framed by the university provides for meaning of the expression teachers' to mean professors, emeritus professors, readers and lecturers. the legislature does not stop there. it also says that other like .....Tag this Judgment!
Court : Gujarat
Reported in : (2002)4GLR3637
..... and bad in law, and therefore, requires to be set aside. it is further held that the exercise of power under sub-section (4) of section 35 of the bhavnagar university act, in making the impugned order is not based on considerations which are genuine, relevant and germane to the exercise of power, and that for these reasons, the application for affiliation ..... inspect the respondent-trust was void as has been rightly held by the high court. 'it is further observed in paragraph 30 as under:30. a comparison of the central act and the university act will show that as far as the institutions imparting technical education are concerned, there is a conflict between and overlapping of the functions of the council and the ..... was left with no role to play in the matter and the provision for the granting or refusing the application for affiliation under section 35(4) of the university act was repugnant to the central act or at best a mere formality. the learned counsel heavily relied upon the observations of this court quoted earlier in paragraph 2 herein and the judgment of ..... basis of the impugned order, the impugned order does not reveal any inquiry worth the name as envisaged in the provisions of sub-section (4) of section 35 of the university act. the impugned order dwells upon and the learned government pleader has heavily relied upon the deficiencies in the infrastructure as revealed in the local inspection report forwarded by the .....Tag this Judgment!
Court : Gujarat
Reported in : (1994)2GLR985
..... was noted that the dongerkery commission recommended that a vice-chancellor should be at the time of appointment below 65 years of age and the palejwala committee on amendment of university acts had gone a step ahead by recommending that no person appointed as vice-chancellor shall continue to hold office after he attains the age of 65 years. it was also ..... commission regarding age, were relevant and rational aspects. the norms regarding prescription of age for a vice-chancellor have found legislative recognition in the gujarat university act and m.s. university of baroda act as referred to above. it is not suggested that prescribing an age limit for a vice-chancellor would be unreasonable. laying down age limit for a vice-chancellor of the ..... dr. s.c. barat & anr. v. vinayak pataskar & ors., reported in : air1962mp180 , in which while considering the scope of section 11(1) of the jabalpur university act, which is similar to section 10(1) of the act, the high court found that the chancellor could not have made an appointment under sub-section (5) when there was a panel recommended to him by ..... as an eligibility criteria the legislature had done so in similar context under the provisions sections 10(3) and 10(4) of the gujarat university act, 1949 and sections 10(3) and 10(4) of the m.s. university, baroda act, 1949. he further submitted that when no criteria of age was specified at the time when the committee selected three persons for the .....Tag this Judgment!
Court : Mumbai
..... by it, ought to fail. the directions issued by the vice chancellor were in exercise of power under section 11(6)(b) of the bombay university act, 1994 [corresponding section 14(8) of the maharashtra universities act, 1994]. from the short title of the said directions itself, it is amply clear that the same are limited to governing the non-government constituent ..... reason in the advertisement in question the qualification referred to is the one laid down by aicte. the next ground is that in view of the provisions of the maharashtra universities act, 1994 and statute 642, the government of maharashtra does not have power to lay down recruitment rules or the selection procedure for the post of director or other faculty. ..... of autonomy and autonomous college as contained in section 2(5) and (6) of the maharashtra universities act, 1994. the same read thus:- 2(5) autonomy means a privilege of the university conferred by the statutes to permit a college, institution or a university department to conduct academic programmes and examinations, develop syllabus for the respective subjects and issue certificates of passing ..... . there is nothing wrong if, lateron, the autonomous college were to follow and insist that it would abide only by the regime prescribed under the act or the statutes framed by the senate of the university and the directions issued by the state government - which were consistent with the qualifications, experience norms specified by the aicte. for the same reason, .....Tag this Judgment!
Court : Mumbai
Reported in : 2006(3)ALLMR203; 2006(2)BomCR472
..... respondent no. 3, the secretary of the pettiioner-society, brought to his notice that the action on the part of the government was ultra vires the provisions of the goa university act and the statutes framed thereunder and despite that the government persisted in his action and refused to release the second installment of salary grant for the months of august to ..... heard the learned counsel on behalf of the parties at length. shri bharne, the learned government advocate has placed before us the amendment carried out to goa university act, 1984, by virtue of the goa university (amendment) act, 2002, which is deemed to have come into force from 30-11-2001, and by virtue of which, the age of retirement of every employee ..... to re-employ the superannuated teachers/principals. the said statue does not contemplate either taking of a noc from the university or for that matter, the approval of the government. the university is an independent and autonomous body created by the goa university act, 1984, (act, for short), and governed by statues and ordinances framed thereunder. the statues are made under section 22 of the ..... act. they are made by the executive council of the university which, in terms of section 18 of the act, is the principal academic body of the university. it can be seen from the letter .....Tag this Judgment!