Accordance Provisions - The establishment and functioning of institutes must comply with relevant statutory provisions, such as the Calcutta University Act, 1966, and associated ordinances and statutes. For instance, an institute established in accordance with these provisions is recognized as valid, whereas a department cannot be considered an institute if not established as such under the law. Mahadev Dutta VS University Of Calcutta - Calcutta
Statutory Compliance in Administrative Actions - Courts emphasize the importance of strictly following the provisions of applicable Acts and rules during administrative processes like issuing pattas or eviction proceedings. Authorities are directed to adhere to the law's objects, reasons, and procedural requirements to ensure legality and fairness. T. S. Senthil Kumar VS The Government of Tamil Nadu, Rep. by its Secretary, Fort St. George, Chennai & Others - Madras, - Madras
Modification of Provisions - Existing provisions, such as those in the GCD Rules and TN MMC Rules, are to be interpreted as modified versions of earlier regulations, reflecting updates and amendments in accordance with current statutory frameworks. M/S.GEM GRANITIES vs THE ST. OF T.N. REP BY SECY - Madras
Regulations Governing Admissions - Admission procedures for postgraduate studies are strictly governed by government and defense ministry directives, ensuring adherence to statutory rules and preventing unlawful practices in selection processes. Rejection decisions must be based on statutory compliance. NITHYA NAIR AND ORS Vs UNION OF INDIA AND ANR. - Delhi
Encroachment and Eviction Procedures - Statutory provisions and executive instructions outline the steps authorities must follow when dealing with illegal encroachments, including considering objections and passing appropriate orders in accordance with law. These procedures aim to uphold legality and protect rights during eviction processes. - Madras
Analysis and Conclusion:
Across the sources, a consistent theme emerges emphasizing the importance of adherence to statutory provisions in establishing institutions, administrative decisions, and enforcement actions. Courts routinely direct authorities to follow the law meticulously, ensuring that actions such as establishing institutes, issuing pattas, admissions, and eviction are carried out within the legal framework. Modifications to existing rules are recognized as valid when aligned with statutory updates, reinforcing the principle that lawful compliance is fundamental to administrative legitimacy.
It concluded that the institute was established in accordance with the Act and was not a department or an affiliated institute of ... The court relied on the provisions of the Calcutta University Act, 1966, and the ordinances and statutes framed thereunder to determine ... Therefore, the said Institute was established gin accordance with the provisions of the act and ordinances in April 13, 1978. ... But a department cannot be conceived of being established as an Institute in accordance with the #HL_STA....
The court directed the State to scrupulously follow the provisions of the Act and to ensure that all authorities concerned strictly ... The court also directed the State to consider the provisions of the Act and its objects and reasons while issuing patta to persons ... Final Decision: The court disposed of the writ petition with directions to the State to scrupulously follow the provisions ... ... 7. Theabove are statutory provisions and executive instructions with regard to eviction of encroachment....
, which was nothing but a replica of the earlier provisions and as suitably modified in accordance with the contained in GCD Rules and also the then existing provisions of TN one will realise that the provisions of sub-section (4) also the then existing provisions of TN MMC Rules.
Admissions for PG studies are strictly governed by Govt of India, Ministry of Defence letter No F/PC-851 0/DGAFMS/DG- 1/345/2013/D(Med) dated 6th March, 2013. The admission and training is controlled by the Office of the DGAFMS in accordance with prevalent rules. ... SCC 159 contrary to the law and to act in contravention of the statutory provisions. ... Learned counsel appearing on behalf of respondent no.1, therefore, submits that the decision of rejection of the candidature of the petitioners, at the threshold, is strictly in #HL_START....
and wherever illegal encroachments are found, initiate (iii) Thereafter, the authorities shall consider the objections and pass appropriate orders, in accordance ... The above are statutory provisions and executive instructions with regard to eviction of encroachments.
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