Court : Patna
..... (b) the state government may, on representation made by any officer or teacher or other servant who has been apportioned and transferred under clause (a), reapportion and re-transfer him to any one of the universities established under the act:provided that before making any order under this clause the state government shall give a reasonable opportunity to the officer or teacher or other servant of the university, to be adversely -affected by such transfer to make a representation ..... .(ii) such of the petitioners who have been apportioned and transferred under the order of the state government passed in exercise of power under section 70-b of the act dated 6th august, 1996, annexure-2 must be deemed to have been apportioned and transferred to the veer kuer singh university, subject to any order passed ..... may also provide for the application of the principles of natural justice at a different stage, and the application of the principles of natural justice at the post-decisional stage in appropriate cases, has also the approval of the supreme court ..... it was firstly urged before us that the provisions of section 70-b of the bihar state universities act make it obligatory for the government to give an opportunity to the concerned employee sought to be apportioned or transferred, to represent their cases before ..... counsel for the university submitted that section 70-b of the bihar state universities act does not provide for a representation being made before the order of apportionment and .....
Tag this Judgment!Court : Patna
..... the petitioner company further contended that the bonus which is paid to the supervisors under the superannuation schemecannot be called wages and relied on the definition of the word 'wages' given under section 2(vi) of the wages act which runs as follows: 'wages' means all remuneration (whether by way of salary, allowances or otherwise) expressed in terms of money or capable of being so expressed which would, if the terms of employment, express or implied were, fulfilled, ..... and the employees in whose favour the aforesaid complaint had been lodged are all outside the purview of the said bonus act and under the said scheme a sum equivalent to two months' salary (basic plus dearness allowance) is transferred to the superannuation fund of such supervisors under the said scheme in lieu of ..... this court is of the view that the impugned order dated january 14, 1994 passed by the authority under the wages act is wholly without jurisdiction and the said order at annexure-4 to this writ petition is thus set aside and quashed. ..... the further case of the petitioner company is that in accordance with the provisions of section 13a of the said bonus act, an agreement, quite some time back, was entered into between the company and its employees whereby the company agreed to ..... cannot, in the narrow compass of this writ petition, make any determination on the justifiability of such a claim for payment of bonus in the event of such a claim being ever raised in future before the appropriate forum. 25. .....
Tag this Judgment!Court : Patna
..... their lordships in paragraph 26 of the judgment held as follows:it will be appropriate to notice that whenever there was felt need to include other functionaries within the definition of 'public servant', they have been declared to be 'public servants' under the several special and local acts. ..... provided that no suit, prosecution or other proceeding shall lie against any public officer or servant of a local authority for anything done or purported to be done under the said act and that no court shall take cognizance of an offence against a public officer under the said act except with the sanction of the central government or the state government as the case may be.3. ..... 1948 all members officers and employees of the board shall be deemed, when acting or purporting to act in pursuance of any of the provisions of this act, to be public servants within the meaning of section 21 of the indian penal ..... this court held that it was clear that the concerned engineer was acting in discharge of his official duty and therefore the order of cognizance was bad, the petitioners therein being a public servant under section 21 of the penal ..... having been declared public servants, the order of cognizance was bad in absence of sanction under the aforesaid act as also under section 197 of the code of criminal procedure.4. ..... has been incorporated in section 56 of the indian electricity act, 1910 and has to be considered on the same principles as enunciated by judicial pronouncement under section 197 of the .....
Tag this Judgment!Court : Patna
..... a 'bhugut bundha' mortgage of his holding or any portion thereof for any period not exceeding seven years or if the mortgages be a society registered or deemed to be registered under the bihar and orissa co-operative societies act, 1935 (b & o act vi of 1935) for any period not exceeding fifteen years.second proviso to that section contemplates thus:(a) an occupancy 'raiyat' who is a member of the scheduled tribes may transfer with the previous sanction of the deputy commissioner ..... and rule 4 (b) defines the word 'raiyat' means an occupancy faiyat or a raiyat having khuntkatti rights, but does not include a member of a bhuinhari family referred to in section 48 of the said act or a tenant of a ghatwali holding.rule 4 (6) contemplates as follows:(6)(i) the deputy commissioner receiving the application under clause (a) of sub-section (4-a) section 46, after examining the documents if any, which may be produce by or on behalf of his claim over ..... in clause (a) of second proviso to sub-section (1) of section 46 having been contravened, the order of the authorities directing the petitioner to give possession of the land is illegal and must be set aside;(iv) the authorities, under the act, without discussing the documentary evidence filed by the petitioner, could not have come to a conclusion that the story of surrender and settlement was a concocted one.6. mr. s.n. ..... averting to the respective submissions advanced at the bar, it would be appropriate to portray the factual background.3. .....
Tag this Judgment!Court : Patna
..... large scale illegal appointments without availability of posts have been made in different establishments/organisations in this state in recent time and the legislature thought it appropriate to intervene and make the provisions which would deter the college/university authorities from making illegal appointments because, more often than not, it is the state which has ..... leads me to come to the same conclusion which i have reached in the case of arun kumar singh (supra) on first principle that section 44 (4) of the act which had in no uncertain term provided for seven clear days notice would mean that the notice shall be exclusive of the day on which it is issued and ..... the validity of the motion of no confidence passed against a person cannot be gone into in an election petition contemplated under section 140 of the act and in case it is held that election of a person to a seat becoming vacant on account of passing of the no confidence motion cannot be gone into in a writ petition, virtually a person suffering an illegal ..... words :'again, when so many 'clear days', or so many days 'at least' are given to do an act, or not 'less than' so many days are to intervene, both the terminal days are excluded from the ..... : 'where there is given, to a party a certain space of time to do some act, which space of time is included between two other acts, to be one by another person, both the days of doing those acts ought to be excluded, in order to ensure to him the whole of that space of .....
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..... 'final products'), as the central government may, by notification in the official gazette, specify in this behalf, for the purpose of allowing credit of any duty of excise or the additional duty under section 3 of the customs tariff act, 1975 (51 of 1975), as may be specified in the said notification (hereinafter referred to as the 'specified duty') paid on the goods used in or in relation to the manufacture of the said final products (hereinafter referred to ..... as the 'inputs') and for utilising the credit so allowed towards payment of duty of excise leviable on the final products, whether under the act or under any other act, as may be specified in the said notification, subject to the provisions of this section and the conditions and restrictions that may be specified in the notification;provided that the central government may ..... into the factory; or(ii) be removed, subject to the prior permission of the collector of central excise, from the factory for home consumption or for export or payment of appropriate duty of excise or for expert under bond, as if such inputs have been manufactured in the said factory. ..... that they purport to include the purchase price in the taxable turnover of the purchasing dealer, which was inconsistent with the provisions of the sales tax act, in the later case, the nagpur high court held that it is not open to the rule making authority to alter the incidence of tax from the seller to the purchaser. .....
Tag this Judgment!Court : Patna
..... relevant portion of the judgment is quoted herein below: 'thus, all that the court recommends now is that while prescribing for changes or amendments to legislation (sections 18, 42 and 68 of the act) and provide symmetry within the state for all the three categories, mukhiyas, pramukh and up-pramukh and adhyaksha and up-adhyaksha, until the revision of the law is considered and provided for, local ..... the court directs that it would not be appropriate to bring in a motion of no confidence against the mukhiyas, pramukh and up-pramukh and adhyaksha and up-adhyaksha if it is brought within two years of their being ..... stated in annexure 4 that no confidence motion is being brought against the chairman and the vice-chairman because of their arbitrary action against the law, acting like a monarch and like an irresponsible persons, the details of which have been mentioned in the requisition. ..... counsel for the petitioners lastly contended that sub-section (5) section 68 of the act, 1993 be declared ultra vires on the ground that a division bench in the ..... it is to be noticed that function of the chief executive officer has been mentioned in section 86 of the act, 1993 which says that the chief executive officer shall carry out the policies and directions of the zila parishad, control the officers and servants of the zila parishad subject ..... as to whether in the light of section 68(4) of the bihar panchayat raj act, 1993, for brevity 'act 1993 special meeting has been convened or not, annexure 6. .....
Tag this Judgment!Court : Patna
..... , that the appellant institute had not even applied within the time limit prescribed and had not even subsequently, also, made such an application for recognition after the appointed day under the act, how can the students of such unrecognized institution, be permitted to appear for examination and if at all they have appeared, how could there be the grant of certificate or degree, more so, when ..... refusing recognition to an institution for a course or training in teacher education under sub-section (3) shall be published in the official gazette and communicated in writing for appropriate action to such institution and to the concerned examining body, the local authority or the state government and the central government. ..... (1) every institution offering or intending to offer a course or training in teacher education on or after the appointed day, may, for grant of recognition under this act, make an application to the regional committee concerned in such form and in such manner as may be determined by regulations :provided that an institution offering a course of training in teacher education immediately before the appointed day ..... regional director, national council for teacher education' : [2003]1scr975 , it has been held that in the act of 1993 the object of the act has been prescribed to provide for establishment of national council for teacher education with a view to achieving planned and coordinated development of the teacher education system throughout the country ..... 16-3-2005. .....
Tag this Judgment!Court : Patna
..... of the same, and for the first time became, aware of the same when the defendant had annexed 3 copy of the same with their aforesaid application under section 34 of the act.6.2 counsel lastly submitted that it is well settled law that whenever the validity of the existence of an agreement incorporating the arbitration clause is in dispute, then the matter cannot be referred to arbitration. ..... fraud does not want public trial but the party charging the fraud so wants then, in appropriate cases, the court should refuse to grant a stay. ..... has erred in entering into the merits of the case it is not possible to agree with the contention; inasmuch as the plaintiff opposed the defendant's application under section 34 of the act before the trial court as well as the appellate court on the ground that the hire purchase agreement is a product of fraud. ..... issue before the trial court was to decide the defendant's application under section 34 of the act, and has instead entered into the merits of the matter, which is beyond its jurisdiction. ..... nitesh kumar sinha), is hereby set aside the defendant's application under section 34 of the act is allowed, the trial court is directed to stay further proceedings in the suit, and refer the dispute to arbitration in terms of clause ..... as it has been found hereinabove that the hire purchase agreement has been acted upon between me parties, the plaintiff has taken benefit thereunder and, therefore, the conclusion is irresistible that they were fully aware of .....
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..... -'(1) notwithstanding anything to the contrary contained in the code of civil procedure, 1908, any person suing for the specific performance of a contract for the transfer of immovable property may, in an appropriate case, ask for-(a) possession, or partition and separate possession, of the property, in addition to such performance; or(b) any other relief to which he way be entitled, including the refund of any earnest money or deposit paid or made to him, in case ..... the said power conferred on the court does not enable it to override the statutory limitations contained in section 16 of the specific relief act, 1963 and section 54 of the limitation act, 1963 which preclude the grant of the relief of specific performance of a contract except within the period prescribed by the section.12. ..... before proceeding to consider the rival contention of the learned counsel appearing for the parties, it is worth to be looked into the provision of section 22 of the act which reads as under:-power to grant relief for possession, partition, refund of earnest money, etc. ..... state of bihar : air1957pat30 , the plaintiff filed a suit for declaration that the provisions of the bihar forest act are illegal and ultra vires and for a permanent injunction. ..... however, after inserting the provision of section 22 of the act of 1963, the controversy has been set at rest.6. ..... according to the plaintiff, one ghisu lal jain acting as an agent and broker on behalf of ram narain kedia, father-in-law of defendant no. .....
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