TaxTMI 
TaxTMI 
2019 (5) TMI 1219
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....o prior approval had been taken. The High Court erred in holding that the writ petition was not maintainable. The earlier order of termination dated 04.06.2015 had been set aside by the Vice-Chancellor on 16.07.2016 for that reason and as also being in violation of Rule No. 16.06 of the University Regulations. The order had attained finality in absence of any challenge by the respondent management. 4. Learned counsel for the respondent management submitted that the writ petition was not maintainable against a private unaided college as it was not "State" within the meaning of Article 12 of the Constitution. The order of the High Court does not call for any interference. There can be no enforcement of a contract of personal service. There w....
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....egulations of the CCS University. 7. Section 35(2) of the Act in its relevant extract reads as: "35. Conditions of service of teachers of affiliated or associated colleges other than those maintained by Government or local authority. (1) Every teacher in an affiliated or associated college (other than a college maintained exclusively by the State Government) shall be appointed under a written contract which shall contain such terms and conditions as may be prescribed. The contract shall be lodged with the University and a copy thereof shall be given to the teacher concerned, and another copy thereof shall be retained by the college concerned. (2) Every decision of the Management of such college to dismiss or remove a teacher or to ....
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....926 which had no similar provisions as Section 35(2) of the Act. Additionally, the Agra Universities Act, 1926 has been repealed by Section 74(1)(c) of the Act. It is indeed unfortunate that the learned counsel for the respondent management has sought to rely upon a judgment under the repealed Act. The admitted position in Lakshmi Narain (supra) was that the management of the college was not bound by the statutes and the provisions of the Agra Universities Act, 1926 but was merely following the same as a matter of convention. Statute 14(A) of the Agra University Hand Book also did not contain any provisions like Section 35(2) of the Act. "Statute 14(A): Each college, already affiliated or when affiliated, which is not maintained exclusive....
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....he problem, and considered such steps to remedy the problem. We reiterate the duty of the parties and their Counsel, at all levels, to double check and verify before making any presentation to the Court. The message must be sent out that everyone has to be responsible and careful in what they present to the Court. Time has come for these issues to be considered so that the citizen's faith in the justice system is not lost. It is also for the Courts at all levels to consider whether a particular presentation by a party or conduct by a party has occasioned unnecessary waste of court time, and if that be so, pass appropriate orders in that regard. After all court time is to be utilized for justice delivery and in the adversarial system, is not....
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.... duty to his opponent, a duty to the court, a duty to the society at large and a duty to himself. It needs a high degree of probity and poise to strike a balance and arrive at the place of righteous stand, more so, when there are conflicting claims. While discharging duty to the court, a lawyer should never knowingly be a party to any deception, design or fraud. While placing the law before the court a lawyer is at liberty to put forth a proposition and canvass the same to the best of his wits and ability so as to persuade an exposition which would serve the interest of his client so long as the issue is capable of that resolution by adopting a process of reasoning. However, a point of law well settled or admitting of no controversy must no....
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....hout which the chariot of justice may not move and may even collapse. Mutual confidence in the discharge of duties and cordial relations between Bench and Bar smoothen the movement of the chariot. As responsible officers of the court, as they are called - and rightly, the counsel have an overall obligation of assisting the courts in a just and proper manner in the just and proper administration of justice. Zeal and enthusiasm are the traits of success in profession but overzealousness and misguided enthusiasm have no place in the personality of a professional. xxx xxx xxx 26. A lawyer must not hesitate in telling the court the correct position of law when it is undisputed and admits of no exception. A view of the law settled by the rulin....