Court : Chennai
Decided on : Apr-18-2012
..... , only 14 state agricultural universities have enhanced the age of superannuation, based on the ugc's guidelines, whereas all the other universities have retained the age of superannuation as per existing rules.14. reliance in support of the contention, that regulations 2010 are not applicable to universities, reliance is placed on the judgment of the hon'ble high court of punjab and haryana in prof.s ..... .1-32/2006-u.ii/u.i(i) dated 31.12.2008, the government of india has also not revised the age of superannuation of the teachers of tamil nadu agriculture university. it is submitted, that the letter of the ministry of human resources development department, on which reliance is placed by petitioners for increase of age of superannuation, is applicable to ..... 65 years cannot be said to be an encroachment of the field of the state legislature. that being the situation, age of superannuation prescribed under section 67 of the jharkhand university act framed under entry 25 of list iii of the constitution of india being in conflict with the regulation so far it relates enhancement of the age from 62 to 65 ..... standard of teching which proposition can fairly and reasonably be comprehended. at this stage, i may refer to a case of check post officer v. k.p. abdulla and bros (1970) 3 scc 355 wherein it has been held that entry confers power upon the legislature to legislate for matters ancillary or incidental, including provision for avoiding the law. as long .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Dec-13-2012
..... 20.01.1993 (annexure p-1).dispute between petitioner dr. puran chand and respondent no.1 dr. satish kumar jain both being teachers in haryana agriculture university, hisar, was referred to respondent no.2 arbitrator dr.t.p. yadav, also c.r.no.3044 o 2. professor in the same ..... university. petitioner dr. puran chand, on receiving notice from the arbitrator, moved petition under section 33 of the indian arbitration act, 1940 (in short the act).denying the existence of the arbitration agreement. however, petitioner's prayer for interim stay of ..... frustrate the arbitration proceedings. he tried to create obstruction at every stage. immediately after receiving notice from the arbitrator, petitioner filed petition under section 33 of the act in the court. however, the court declined to grant interim stay of the arbitration proceedings. even before the court could decide the question of interim stay of ..... arbitration proceedings, the petitioner also moved the arbitrator for staying the arbitration proceedings due to pendency of petition under section 33 of the act in the court. the arbitrator negatived the said claim of the petitioner. even after stay of arbitration proceedings was declined by the court, the petitioner moved ..... c.r.no.3044 o 1. in the high court of punjab and haryana at chandigarh. case no.: c.r.no.3044 of 2009 date of decision : december 13, 2012 dr. puran chand ...petitioner versus dr. satish kumar and .....Tag this Judgment!
Court : Mumbai Nagpur
Decided on : Aug-16-2012
..... the matter at an earliest occasion and render his decision. accordingly, in exercise of the powers conferred upon the chancellor under section 11(1) of the maharashtra agricultural universities act 1983 (hereinafter referred as the act), the chancellor vide letter dated 28.05.2007 appointed justice shri h.w.dhabe, retired high court judge to conduct detailed enquiry in the matter and submit ..... of the 1976 rules and, thus, their services could not have been terminated without holding regular inquiry in terms of punjab civil services (punishment and appeal) rules, 1970 (for short, 'the 1970 rules'); (4) in any event, rule 23 of the 1970 rules could not have been invoked for dispensing with the services of such of the appellants as it had not been ..... selection both of executive and judicial officers? 118. undoubtedly, in the selection process, there have been manipulations and irregularities at the behest of r.s. sidhu, the then chairman, punjab public service commission. on careful scrutiny of the facts and circumstances of the case, in my considered opinion, the high court ought to have made a serious endeavour to segregate ..... . as against 63 officers involved, fir was lodged only against one. result sheets and answer sheets were seized. the vigilance bureau wrote a letter to the chief secretary, punjab alleging that most of the examinations held during the tenure of sidhu were tainted. the vigilance department's report was received, but on that date itself the nominated candidates were .....Tag this Judgment!
Court : Mumbai Nagpur
Decided on : Aug-16-2012
..... the act ? ), the chancellor vide letter dated 28.05.2007 appointed justice shri h.w.dhabe, retired high court judge to conduct detailed enquiry in the matter and submit ..... enquiry under section 11 of the act. the high court observed in its order dated 21.04.2007 that the court hopes and expects the chancellor to take up the matter at an earliest occasion and render his decision. accordingly, in exercise of the powers conferred upon the chancellor under section 11(1) of the maharashtra agricultural universities act 1983 (hereinafter referred as ?? ..... , it would be advantageous to refer to these facts to appreciate the challenge raised. 4 it is common ground that the pdkv is an agricultural university and therefore, governed by the maharashtra agricultural universities (krishi vidyapeeths) act, 1983 (for short ??the said act ? ) and the statutes thereunder. the respondent no.2 is the honourable governor of maharashtra and the chancellor of pdkv. the respondent no ..... ) 1 scc 768 - tridip kumar dingal and others v/s state of west bengal and others. (3) (2006) 11 scc 356 - inderpreet singh kahlon and others v/s state of punjab and others. (4) (1993) 3 scc 591 - dr.m.s.mudhol and another v/s s.d.halegkar and others. (5) (1991) 3 scc 368 - munindra kumar and others .....Tag this Judgment!
Court : Chennai
Decided on : Jul-24-2012
..... the director general of police, chennai, that the practitioners of indian medicine are protected under section 17(3)(b) of the indian medicine central council act,1970 and as per the abovesaid section, institutionally qualified practitioners of ayurveda, siddha, unani tibb are also eligible to practice respective systems with modern scientific medicine, ..... this clause shall be deemed to apply to any work which, in the opinion of the inspector, is done in connection with a bona fide agricultural operation ;(d) erect any building over any drain or any part thereof;(e) plant any tree on any public road or other property vesting in ..... working in the hospital, which includes, dr.g.santhosh kumar, who has been awarded a degree by the tamil nadu dr.m.g.r. medical university, in february 2008. the petitioner's wife, mrs.r.anusha, a qualified nurse, who had received her nursing training from lakshmibala paramedical and nursing institute ..... . attending to public health, in our opinion, therefore, is of high priority perhaps the one at the top."67.in virender gaur vs. state of haryana reported in 1995 (2) scc 577, the supreme court, held as follows:"the word "environment" is of broad spectrum which brings within its ambit " ..... proper by a responsible body of medical men skilled in that particular art. the supreme court in the case of jacob mathew vs. state of punjab [(2005) 6 scc 1], held that,"the standard of care, when assessing the practice as adopted is judged in the light of the knowledge .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Nov-20-2012
..... and 11911 of 2003 challenging the action of the university. it is stated that both these writ petitions were disposed of and the petitioner-college was allowed to admit 50 students. in cwp no.8697 of 2009, reference is made to the amendment of the provisions of india medial council central act, 1970 (imcc act for short).it is alleged that ayurveda colleges in ..... .(b) permission of the concerned state government has been obtained at the time of establishment of the medical college and the permission continues; (c ) affiliation from a university established under any central or state act has been obtained at the time of establishment of the medical college and the affiliation civil writ petition no.8697 of 2009 (o&m) :27. : continues; ..... acharya gyan ayurved college (supra).these may be just noticed in the passing here for the purpose of reference alone:- dr.ashok k. mittal v. university of delhi ilr (1996) 2 del 489; m.p.rural agriculture extension officers association v. state of m.p.(2004) 4 scc 646.union of india v. teleco.regulatory authority of india, 74 (1998) dlt ..... civil writ petition no.8697 of 2009 (o&m) :1: in the high court of punjab and haryana at chandigarh date of decision: november 20 , 2012 shri dhanwantry educational society, ayurvedic college and dabur dhanwantry ayurvedic hospital, sector 46-d, chandigarh .....petitioner versus panjab university, sector 14, chandigarh & others ....respondents coram:- hon'ble mr.justice ranjit singh 1 whether reporters of local papers .....Tag this Judgment!
Court : Kolkata
Decided on : Jun-22-2012
..... reasons for subjecting certain individuals or corporations to hostile or discriminating legislation. (see para 11)92. he further relied upon a decision deepak sibal vs. punjab university & anr. reported in (1989) 2 scc 145 para 15 where the court held as follows:-in support of that contention, much reliance has ..... pith and substance must be concerned with agrarian reforms. agrarian means relating to agriculture.215. he further submitted that in the present case, the singur act had nothing to do with subject of agriculture or agricultural land or agricultural reforms or land reforms or anything of the kind. in fact, the land covered ..... the acquisition proceedings cannot be withdrawn/abandoned once possession has been taken (paragraphs 12, 17 and 20).463. in leelawanti & ors. vs. state of haryana & ors. reported in (2012) 1 scc 66 where it reiterates the land of which possession has been taken cannot be returned following inter alia in ..... we have also noticed the decision cited by mr. mukherjee in the case of rameshwarlal harlalka vs. union of india reported in air 1970 calcutta 520 where the court held that in determining where a statue should be condemned on the ground of vagueness it should be read as ..... 661; tata power company ltd. vs. reliance energy ltd. reported in (2009) 16 scc 659; rameshwarlal harlalka vs. union of india reported in air 1970 calcutta 520; m/s fatechand himmatlal and ors. vs. state of maharashtra reported in (1977) 2 scc 670; bengal electric lamp works ltd vs. .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Jan-24-2012
..... for the last more than four decades. 58. in kewal krishan puri v. state of punjab (1980) 1 scc 416, the constitution bench considered the question whether the resolutions passed by the agriculture market committees in punjab and haryana to increase the market fee on the agricultural produce bought and sold by the licensees in the notified market areas from rs. 2/- to ..... ; (b) complete street pattern, indicating major and minor roads, national and state high ways, and traffic circulation pattern, for meeting immediate and future requirements; (c) areas reserved for agriculture, parks, play- grounds and other recreational uses, public open spaces, public buildings and institutions and areas reserved for such other purposes as may be expedient for new civic development; (d ..... (emphasis supplied) the three judge bench also referred to the constitution bench judgment in kewal krishna puri v. state of punjab (supra) and observed: to our mind, these observations are not intended and meant as laying down a rule of universal application. the court was considering the rate of a market fee, and the question was whether there was any justification ..... official gazette and, as such, the layout plans of the area comprised in those villages are not governed by the 1976 act. 10.as a result of unprecedented increase in the population of the city of bangalore between 1970 and 1980, the available civic amenities like roads, water supply system and supply of electricity were stretched to their limit. to .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Feb-09-2012
..... favour, but the state government in due course transferred 158 acres of land in the name of baba farid university in parcels over the period of time. it is further averred that the university is a statutory creation under the baba farid university of health sciences act, 1998 (punjab act no.18 of 1998). it has been explained that the part of land reserved for the ..... /51. such sale deeds are also signed on behalf of the state government i.e. the secretary, medical education and research department, punjab; deputy commissioner, faridkot; director, research and medical education, punjab and also by vice chancellor, baba farid university of health sciences, faridkot. the grievance of the petitioners is that they have agreed to sell their land to the state government in ..... sc 1593, lt. governor of h.p. v. avinash sharma air 1970 sc 1576, pratap v. state of rajasthan (1996) 3 scc 1, mandir shree sita ramji v. collector (l.a.) (2005) 6 scc 745, bangalore development authority v. r. hanumaiah (2005) 12 scc 508 and hari ram v. state of haryana (2010) 3 scc 621.] 13. the meaning of the word ..... 4 of the act. the sale deeds were got executed by coercion, undue influence, misrepresentation and fraud, therefore, such sale deeds are required to be declared null and void. on the other hand, mr. anupam gupta, learned counsel representing respondent no.4-university, has referred to the jamabandies placed on record, to counter the assertion of the petitioners that the agricultural land was .....Tag this Judgment!
Court : Mumbai Goa
Decided on : Dec-21-2012
..... performance is required for getting the passing marks in the mbbs examination. similarly, a higher standard of performance may be required for getting higher marks than in other universities. some universities may assess the students liberally with the result that the candidates with lesser knowledge may be able to secure passing marks in the mbbs examination; while it may also ..... 55% for the purpose of selection, because that was the view of the high court also previously intimated to the punjab government on which the haryana government thought fit to act. that the punjab government later on fixed a lower score is no reason for the haryana government to change their mind. this is essentially a matter of administrative policy and if the ..... field. in other words, it was open to upsc to do shortlisting by stating that it will call only those who have phd degree in agriculture (although the essential degree was only msc degree in agriculture). similarly, upsc could have said that it would only call for interview those candidates who have, say, five years' experience, although the essential ..... marks. the state government have also received information that the punjab and haryana high court themselves recommended to the punjab government that in respect of p.c.s. (judicial branch) examination held in 1970, candidates securing 55% marks or more should be appointed against un-reserved vacancies. thus, the decision taken by haryana government is in line with the recommendations which the high .....Tag this Judgment!