Court : Patna
..... election petition cannot be filed within 30 days then clearly the guidelines given by the constitution in sub-clause (2) of article 243f, re-produced in the bihar panchayat raj act, 1993, as sub-section (2) of section 139, is possibly contemplating an authority other than the authority which is to hear an election petition.8. the constitution does ..... has been lifted from article 243f of the constitution of india:article 243-f(2) of the constitution of india., section 139(2) of the bihar panchayat raj act, 1993if any question arises as to whether a member of a panchayat has become subject to any of the question shall be referred for the decision of such authority ..... to be elected as a member or office bearer of the panchayat. but, this qualification has been qualified by the act with a rider. the rider is 'unless disqualified under this act or under any other law for the time being in force. 'the disqualification part is referred to in sub-section (1) of section 139.5. then there are steps .....
Tag this Judgment!Court : Patna
..... of parliament and assembly constituencies insofar as such readjustment is necessitated by such inclusion or exclusion and for matters connected therewith.section 4 of the act amended constitution scheduled tribes orders, 1950 and the constitution (andaman and nicobar) scheduled tribes order, 1959 made by the president under article 342 of the constitution.5. the said ..... nityanand sharma's case, the matter should have been referred to a larger bench. it should have been realised as to how the state could be forced to follow both the decisions at the same time. a division bench cannot over-rule the decision of earlier division bench even though the view of latter ..... be made in this connection to the following: mahadeolal kanodia v. the administrator general of west bengal, : [1960]3scr578 ; jai knur and others v. sher singh and others, air 1960 sc 119; a raghavamma and another v. a chanchamma and another, : [1964]2scr933 ; budhan singh v. babi bux and another, : [1970]2scr10 ; mohar singh v .....
Tag this Judgment!Court : Patna
..... if the evidence recorded during the course of the trial shows his complicity in the crime in question. accordingly, the submission advanced on behalf of the petitioners has no force.20. so far as the present case is concerned, the order of the learned magistrate discharging the petitions is not an order of discharge in the eye of law. ..... order dated 23-6-1987 took cognizance of the offence under sections 147, 148, 149, 307, 380 of the indian penal code and section 27 of the arms act and ordered for issuance of summons against those accused persons who have been charged-sheeted and discharged the petitioners on the ground that they were not sent up by the ..... four petitioners and the other named accused persons for the offence under sections 147, 148, 149, 307, 380 of the indian penal code and section 27 of the arms act being sheosagar p.s. case no. 77/88.4. the police after investigation submitted charge-sheet against accused babban dusadh, lal saheb dusadh and satyanarain dusadh only and did .....
Tag this Judgment!Court : Patna
..... also observed 'this assurance of a desirable flexibility in administrative procedure does not go so far as to justify orders without a basis in evidence having rational probative force. mere un-corroborated hearsay or rumour does not constitute substantial evidence.28. actually by explalning the concept of substantive evidence, as above, the learned chief justice ..... departmental authorities or administrative tribunal must be careful in evaluating such material and should not glibly swallow what is strictly speaking not relevant under the indian evidence act.34. in taking the said approach the learned judge was probably echoing the same principles which have been lald down by chief justice hughes while explalning the ..... justice of that. court also propounded the aforesaid view. the said decision is in the case of state of haryana v. ram chandra reported in air 1996 p & h 381. that was also a case of disciplinary inquiry against a government servant. in that judgment of state of haryana (supra .....
Tag this Judgment!Court : Patna
..... v. satyadeo singh and ors.) and after considering the judgment of the supreme court as mentioned above. it was held that order xliii, rule 1a shall come into force when the factum of compromise is disputed or its legality is doble and then bar under section 96(3) can not be invoked. after consideration of this judgment, the ..... was contended in that petition that the disputes between the 24. in the nature and circumstances of the case, and as discussed above. i do not find any force in this appeal and hence the same is dismissed. however, considering the facts and circumstances of the case, i do not feel it proper to award cost to ..... held in favour of the plaintiff-appellant.15. on the second point regarding the arbitration proceeding, i find no force in the submission of mr. debi prasad, as arbitration proceeding is governed under chapter iv of the indian arbitration act. the present case was filed by the plaintiff-appellant for a partition of their movable and immovable properties held .....
Tag this Judgment!Court : Patna
..... shivnath has referred to a judgment of the supreme court as reported in collector of customs, calcutta v. east india commercial co.ltd. air 1963 sc 122, wherein although in difference context, it has been enunciated on principle that the appellate order is the operative order after the ..... final decree.12. another decision was cited by mr. akhter of the allahabad high court as reported in harihar prasad singh v. bernchand air 1951 alld. 79. this case is totally on different context. a suit was decreed and against that an appeal was preferred but the ..... he has referred to a special bench decision of the calcutta high court as reported in hari mohan dalai v. parmeshwar sahu andors. air 1928 calcutta 646. in that case, the trial court had dismissed the suit and the 1st appellate court had granted the decree and ..... is proper and it cannot be said to be barred under article 136 of the limitation act. hence, this revision petition has got no force and as such the same is rejected. no order as to costs. .....
Tag this Judgment!Court : Patna
..... court may order the execution of a decree upon an application presented after the expiration of the period of 12 years where the judgment debtor has by fraud or force prevented the execution of the decree at sometime within the twelve years immediate preceding the date of the application. section 48 of the civil procedure code may be deleted and ..... as the judgment of the trial court merges with the same20. it is well settled that there should be liberal and broad based construction of the provision of the limitation act. there should be no rigid and narrow interpretation. however in interpreting the statutes dealing with the limitation, the consideration of hardships are out of place. however, the ..... be a boon for the judgment debtors.21. this court in the case of raghu prasad singh and ors. v. jadunandan prasad singh and ors. reported in air 1921 patna 6, has considered the question as to what is the meaning of final decree or order within the meaning of article 182(2) of the old limitation .....
Tag this Judgment!Court : Patna
..... that the petitioners have not pointed out that there has been any violation of any statutory rules, orders or regulations having the force of law on account of which the orders of transfer can be said to be in violation more so when on an ..... subordinate offices in terms of the rules framed under the proviso to article 309 of the constitution vide the notification dated 15.4.1950 (annexure 'c') and rule 3 of the bihar bounds miscellaneous rules, 1958 and section 21 of the bihar service code. the ..... services of class hi and class iv employees of the respective medical colleges and further that the screening committee constituted under the act has only recommended the cases of the employees of the argoyashala for their final absorption in the services of the state ..... supreme court in nohiria ram v. union of india and ors. air 1958 sc 113 pr 6 and in general officer commanding-in-chief and anr. v. dr. subhash chandra yadav and anr. air 1998 sc 876. learned counsel reiterated that from a perusal of .....
Tag this Judgment!Court : Patna
..... if the evidence recorded during the course of the trial shows his complicity in the crime in question. accordingly, the submission advanced on behalf of the petitioners has no force.20. so far as the present case is concerned, the order of the learned magistrate discharging the petitioners is not an order of discharge in the eye of law. ..... order dated 23-6-87 took cognizance of the offence under sections 147, 148, 149, 307, 380 of the indian penal code and section 27 of the arms act and ordered for issuance of summons against those accused persons who have been charge-sheeted and discharged the petitioners on the ground that they were not sent up by the ..... four petitioners and the other named accused persons for the offence under sections 147, 148, 149, 307, 380 of the indian penal code and section 27 of the arras act being sheosagar p.s. case. no. 77/88.4. the police after investigation submitted chargesheet against accused babban dusadh, lal saheb dusadh and satyanarain dusadh only and did .....
Tag this Judgment!Court : Patna
..... mistake by the bank which should have been ignored by the purchaser in view of last paragraph in the guarantee which clearly mentions that the guarantee will remain in force up to and including fortyfive (45) days after the period of the bid validity. in the alternative it was submitted that the discrepancy regarding period of validity, ..... scc 492, to submit that even if respondent no. 1 has faltered in its wisdom, no judicial review should be exercised to interfere with its decision if it has acted fairly. with particular reference to paragraphs 21, 22, and 23 of that judgment it was further submitted that judicial review of contractual transactions is permissible only to prevent ..... a reference in this regard may usefully be made to the judgment of the apex court in the case of ramana dayaram shetty v. international airport authority of india, air 1979 sc 1628. 15. on behalf of respondents reliance was placed upon a judgment of the apex court in the case of rating international ltd. v. l.v .....
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