Court : Patna
..... what is further stated in paragraph 7 of the counter-affidavit is as follows:'it is relevant to state here that on coming into force of section 303a of the patna municipal corporation act, there respondents gave notices to the respective owners to demolish/close the service latrines and convert the same into no water flush latrines. ..... in case the corporation was having private latrines, urinals and septic tanks cleaned through its employees as claimed by it such activities and deployment of its work force for that purpose must be reflected in the records maintained by it and it would have been the easiest thing for the corporation to produce the relevant ..... property tax must be determined on the basis of fair rent alone regardless of the actual rent received. fair rent very often means the rent prevailing prior to 1950 with some minor modification and additions. property tax is the main source of revenue to the municipalities and municipal corporations. to compel these local bodies to levy .....
Tag this Judgment!Court : Patna
..... place to possess arms and ammunition without licence. (2) it prohibited the purchase of arms and ammunition from unlicensed persons.9. on 1-10-1878, act 11 of 1878 came into force. this was mainly consolidation of the earlier law with some alterations. it provided for a stricter regulation of the importation, transport and possession of arms and ..... which postulates the fundamental right of protection of life and personal liberty. it deals with deprivation of life and, as held in gopalan v. state of madras, 1950 scr 88, article 21 is attracted only in cases of deprivation in the sense of total loss and that accordingly has no application to the case of mere restriction ..... in statutory interpretation.'72. among the external aids to inerpretation is the statement of objects and reasons. in state of h. p. v. k. c. mahajan air i992 sc 1277 (vide para 77) the supreme court observed that the statement of objects and reasons can be looked into for the limited purpose of understanding the background .....
Tag this Judgment!Court : Patna
..... present case may not vitiate the proceeding, but is surely a circumstance against the respondents showing lack of bona fides, and the determlnation to inflict punishment. some forces were surely working against the petitioner in a determined manner, were out to ensure his destruction, and purposely wanted to avoid the scrutiny of an impartial body like ..... of discussing the issue in details. relying on the judgment of the supreme court in the case of state of u.p. v. manbodhan lal reported in air 1957 sc 012, this court held as follows in paragraph-9 of the judgment: 9. in the instantx also, the power to impose punishment is vested in ..... was thoroughly punished, and the saving grace is the fair approach of the learned enquiry officer, although the enquiry proceeding suffers from serious procedural irregularities which has acted to the grave prejudice of the petitioner.9. learned counsel for the petitioner has submitted that the commission was not consulted before the final order was passed and .....
Tag this Judgment!Court : Patna
..... the relevant officers. the concerned officers were not found in the office of general manager, milk and diary project, hotwar, ranchi. however, the office have been sealed and police force have been deployed in the said office. in the report the details of withdrawal from ranchi treasury has been given from may, 1995 to december, 1995 and it is reported ..... illegal detention. the division bench of the said high court while interpreting section 167 of the code of criminal procedure and also sub-section (2-a) as inserted by act 45 of 1978 held as under:para 16: 'thus in a case where a person is accused in more cases than one, the officer in charge of the police ..... gandhi v. union of india (supra) the question falls for consideration before the apex court was as to whether the power conferred to the authorities under the passports act, 1967, for impounding a passport in the interest of the general public is violative of article 14 of the constitution and whether section 10(3)(c) of the said .....
Tag this Judgment!Court : Patna
..... election to the legislature. the supreme court was pleased to observe that the election has to be held on the basis of the electoral roll which is in force on the last date for making nominations. from this authoritative dictum of the supreme court, it would become manifest that even if certain objections relating to inclusion or ..... matter again came up for consideration before the supreme court in the matter of lakshmi charan sen and ors. v. a.k.m. hassan uzzaman and ors. air 1985 sc 1233. in the said matter, the question was in relation to right of a person to be included in electoral roll and to challenge inclusion of ..... institutions and functionaries such as election commission, chief electoral officer or electoral registration officers and until that presumption is displaced, it would not be just and proper to act on preconceived notions and to prevent public authorities from discharging functions which are clothed upon them. baharul islam, j. (as he then was) in this minority judgment .....
Tag this Judgment!Court : Patna
..... now these rules were made by the state government under clause (b) of sub-section (2) of section 241 of the government of india act, 1935. so these rules have statutory force.these rules were framed before the constitution came. now after the coming of the constitution, under article 313 of the constitution, these rules shall continue ..... in the case of the petitioners.so both under the statute and on the strength of the precedent rule 161 of the said rules have a binding force and are governing the cases of the petitioner.therefore, it is difficult for this court to accept that the effect of the said governing rules can in ..... government servants permanently absorbed in public undertakings.11. the learned counsel for the respondent-university is relying on the provisions of chapter-viii of the bihar pension rules, 1950, especially upon rules 158, 159, 161 and 164.learned counsel for the petitioner, however, submitted that the petitioner's service in the university, after they resigned .....
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..... petitioner preferred statutory petition and by order dated 22nd of january, 2002 (annexure-16), petitioner was informed that his statutory petition has been rejected by the director general of the force. 2. mr. rakesh kumar, appearing on behalf of the respondents raises a preliminary objection in regard to the maintainability of this writ petition before this court. he points out ..... clause (2) of article 226 may lead to great injustice and hardship to them. be that as it may we feel our inability to accept the contention that the act of merely filing an appeal against an adverse order, which has been already carried out, should be deemed to be a part of the cause of action for choosing the ..... not res integra and in fact subject matter of discussion in a large number of cases. in the case of nand kishore singh (supra), this court held that the act of merely filing an appeal against an adverse order would not be deemed to be a part of cause of action. further in the case of sanjay kumar yadav v .....
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..... the governor should have left the matter to the legislature. if the legislature had no confidence in the council of ministers, it could pass a no-confidence motion forcing the government to resign, failing which the governor could dismiss the government which failed to secure a majority in the legislative assembly. 7. he placed reliance on the ..... ten days. 2. the learned advocate general appearing on behalf of the state of bihar has strenuously urged before us that the objection of the petitioners has no force as it ignores the very basic characteristics of the indian constitution which has adopted the cabinet form of government based on the west minister model. it is a ..... leadership is accepted by such party or parties as their leader. in such a situation the governor must necessarily act in his discretion. it was observed by krishna iyer, j. in shamsher singh's case (para 153 of air): 'we declare the law of this branch of our constitution to be that the president and governor, custodians .....
Tag this Judgment!Court : Patna
..... said provision consistent with the requirement of rules 14 & 16 of the constitution of india. a panel prepared with regard to the notified vacancies cannot be allowed to remain in force to fill up the future vacancies for two years depriving of other candidates who became eligible after filing of the applications in terms of the advertisement for being considered for ..... the said rules providing for filling up of the future vacancy after the advertisement is unconstitutional, and this court cannot issue direction to the respondents to do illegal and unconstitutional act.17. in the case of ashok kumar ors. v. chairman, banking service recruitment board ors. : (1996)illj1103sc the apex court has held as follows:article 14 read with article 16 .....
Tag this Judgment!Court : Patna
..... opinion, institution's role is only limited to the imparting of education and maintaining discipline within the campus of the institution. it cannot be vicariously liable for any act done by the students as that would only be the personal liability of the concerned student. in criminal cases even in revision against the order of acquittal at ..... or individual right in the subject matter of the petition. it was further observed that in exceptional cases a person who has been prejudicially affected by an act or omission of an authority can file a writ even though he has no propriety or even fiduciary interest in the subject matter thereof. the petitioners institution ..... issued only when it is found that the subordinate court or the tribunal had acted without jurisdiction or the decision is without any evidence.9. the decision in the case of gauransa chandra deb v. the collector of central excise and land customs air 1968 tripura 39, relied upon by the learned counsel for the petitioner, also .....
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