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1 - 10 of 25 (0.36 seconds)The Code of Civil Procedure, 1908
The Societies Registration Act, 1860
Article 226 in Constitution of India [Constitution]
Article 311 in Constitution of India [Constitution]
Ajay Hasia Etc vs Khalid Mujib Sehravardi & Ors. Etc on 13 November, 1980
11. It was contended by Mr. Rajesh Balia, learned Counsel appearing for the plaintiff-non-petitioner that an Institution registered under the Cooperative Societies Act may not be a statutory body but still it can be an instrumentality of the State. It has to abide by the Rules framed by the Govt. and any action taken by such an instrumentality of the State can be reviewed by the Court and proper relief can be granted In this respect, he placed reliance on a decision of their Lordships of the Supreme Court in Ajay Hasia vs. Khalid Mujib AIR 1981 SC 487, wherein it has been held:
Kunju Mohammed vs State Of Kerala on 22 March, 1984
It has further provided that the institution shall promptly comply with all the instructions issued by the Department for the proper running of the Institution and no untrained teacher shall be permanently appointed in a school in a Teachers Training Institution without the permission of the Director of Education, unless the teacher concerned has been exempted from the training qualifications by the Department or the Board of Secondary Education, and no course will be started without obtaining prior permission of the Government Mr. Balia has, therefore, submitted that according to the tests Laid down by the Kerala High Court in M. Kunju Mohd's case (supra), the defendant-petitioner No. 1 is an instrumentality of the State under the head 'other authority' as provided in Article 12 of the Constitution.
Executive Committee Of U.P. State ... vs Chandra Kiran Tyagi on 8 September, 1969
In that case, their Lordships noticed Executive Committee of U.P. State Warehousing Corporation Ltd. v. Chandra Kiran Tyagi and Indian Airlines Corporation v. Sukhdeo Rai . In both these decisions, it has been held that it is a well settled principle that when there is a purported termination of a contract of service, a declaration, that the contract of service still subsisted, would not be made in the absence of special circumstances because of the principle that courts do not ordinarily grant specific performance of a personal contract of service. The well recognised exceptions to this rule are (1) where a public servant has been dismissed from service in contravention of Article 311(2) where reinstatement is sought to be dismissed worker under the Industrial Law by labour or Industrial Tribunals; (3) where statutory body has acted in breach of a mandatory obligation imposed by statute.
Indian Airlines Corporation vs Sukhdeo Rai on 27 April, 1971
In that case, their Lordships noticed Executive Committee of U.P. State Warehousing Corporation Ltd. v. Chandra Kiran Tyagi and Indian Airlines Corporation v. Sukhdeo Rai . In both these decisions, it has been held that it is a well settled principle that when there is a purported termination of a contract of service, a declaration, that the contract of service still subsisted, would not be made in the absence of special circumstances because of the principle that courts do not ordinarily grant specific performance of a personal contract of service. The well recognised exceptions to this rule are (1) where a public servant has been dismissed from service in contravention of Article 311(2) where reinstatement is sought to be dismissed worker under the Industrial Law by labour or Industrial Tribunals; (3) where statutory body has acted in breach of a mandatory obligation imposed by statute.
Smt. Usha Das (Roy) vs Smt. Arati Kar (Maiti) on 22 December, 1981
Even in Usha Das's case (supra) it was incidentally observed that the Managing Committee of a School constituted in accordance with the rules framed under the West Bengal Secondary Education Act, 1950 is neither a body corporate nor a statutory body. In the case in hand, the defendant-petitioner No. 1 has not been constituted in accordance with any Educational Act. It is only a Society registered under the Societies Registration Act and the Rules that govern its management are in the form of executive and administrative instructions.