Court : Patna
..... discharging his duties attached to his post and, accordingly, shall be entitled to all benefits of his service from the date of effectuating the compulsory retirement of the petitioner until the date he is reinstated and posted in an appropriate post including his salaries and allowances, increments and all other benefits attached to his post.33. ..... the logical conclusion, therefore, would be that while taking steps against a black sheep, an appropriate action is required to be taken, but to weed out a dead wood he may be compulsorily retired without attaching ..... exercise of power of compulsory retirement must not be a haunt on public servant but must act as a check and reasonable measure to ensure efficiency of service and free from corruption and incompetence ..... this writ petition, petitioner, a compulsorily retired judicial officer, has challenged the order dated 20th may, 2005 by which he has been compulsorily retired.2. ..... between 13.3.1984 and 20.5.2005 petitioner did not get any ..... reputation all throughout, except during the years 1999-2000, 2000-2001 & 2001-2002, and he regained the confidence of his reporting officers pertaining to his reputation during the years 2002-2003 & 2004-2005. ..... 1-9-01/2005 ..... -15, dated 20th may, 2005.s.p. ..... estt.1-9-01 / 2005 ka. ..... but the request of the state government was refused, whereupon the notification compulsorily retiring the petitioner was issued by the state government, the english translation whereof is as follows:patna -15, dated 20th may, 2005 s.p. .....
Tag this Judgment!Court : Patna
..... government, as the case may be, or before the appointed day by the government of the existing state of bihar to be the corresponding court, tribunal, authority or officer.94. sub-section (1) of section 89 of the re-organisation act provides, inter alia, provides that every proceeding pending immediately before the appointed day before a court other than the high court in any area, which was a part of the undivided state of bihar ..... but there are difficulties in coming to the aforesaid conclusion for two reasons; firstly that with regard to the pending cases, specific provision has been made under section 89 of the bihar re-organisation act (for short the re-organisation act) and secondly that the observation has been made by the apex court in the order dated 13-12-2000 that the controversy as to whether these cases should be transferred or not is to be ..... it is stated as follows:investigation has revealed that during 1988-96 the accused, shown in annexure-1 and other unknown, had entered into a criminal conspiracy and agreed to do or caused to be done illegal act or acts which are not legal by illegal means, at dumka, patna and other places of bihar and in pursuance of the said criminal conspiracy during december 1995 and january 1996 an amount of rs. ..... purporting to act on the basis of that order, such as submitting the final report in those cases before a court which according to the accused may not be the appropriate court, it will always be open to the person aggrieved to .....
Tag this Judgment!Court : Patna
..... the court found that the notice was insufficient and, in fact, sri ram briksha singh was not permitted to make appropriate representation in answer to the notice given to him. ..... in such event the district superintendent of education, patna shall issue an appropriate order recalling the order dated 23th august, 1989 as well as the order dated 9th november, 1989 and pass an appropriate order. ..... 3277/1979 that sri ram chandra thakur, being a qualified person and having been appointed as headmaster was also discharging the duties of headmaster as on the date the taking over act came into force could only be treated as headmaster and as such he is entitled to b.a. ..... the order dated 23rd august, 1989 was not acted upon inasmuch as the husband of the appellant was not allowed to join the school in terms of the directions contained therein. ..... trained candidate but, however, before the taking over act came into force, he had acquired the qualification for being treated as a b.a. ..... admittedly, the said grant was accorded to sri ram briksha singh after the taking over act came into force. ..... in such situation the authorities of the state held that sri ram chandra thakur by reason of the provisions contained in the taking over act was entitled to b.a. .....
Tag this Judgment!Court : Patna
..... if, therefore, steps are taken bona fide by the intending seller pursuant to the sale agreement and after receipt of the earnest money he puts the intending purchaser in actual physical possession who thereafter starts appropriating its income, it would be 'oppressive' as this court has observed (borrowing the expression used by hegde j. in r.b. ..... this court held that once the intending purchaser comes in actual physical possession of the property and starts appropriating its income he must be deemed to be the owner within the meaning of section 22 of the act and was assessable with respect to its income. ..... to the intending purchaser under an agreement of sale and as per the terms of the agreement, the intending purchaser becomes entitled to realise the rent of the house, ownership within the meaning of section 22 of the income-tax act, 1961, stands transferred in favour of the intending purchaser and it is he and not the seller who is liable to tax on its income.6. mr. ..... like sahay properties' case : [1983]144itr357(patna) , in this case also there is evidence showing that the intending purchaser was put in possession and appropriating income from the property. ..... this reference under section 256(1) of the income-tax act, 1961, is at the instance of the revenue. .....
Tag this Judgment!Court : Patna
..... inquiry as he considers necessary, shall by order in writing either- (a) grant the permission, subject to such conditions, if any, as may be specified in the order or' it is clear that the aforesaid sections refer to section 5 of the said act which is also set out below:-- 'no person shall erect or re-erect any building, or make or extend any excavation, or lay out any means of access to a road in a controlled area, except with the previouspermission of the district magistrate ..... and its dealer, if so advised, are at liberty to file an appropriate proceeding before the civil court for realisation of the damages, if any ..... it has disclosed letters dated 2ist october, 1957, 18th december; 1957 to show the correspondence prior to the sanction of the 'no objection certificate' by the district magistrate and also the sanction of the plan by appropriate authority on the basis of such 'no objection certificate'. ..... if such a suit is filed, the appropriate court may go into the question without being influenced by any finding or observation made in ..... the case are detailed herein below: hindustan petroleum corporation limited (for short called the petitioner company) is a government of india undertaking and is a government company within the meaning of the companies act having its registered office at bombay and one of its regional office at boring canal road, patna. ..... of the petrol pump was also made on the basis of a sanctioned plan and the sanction was granted by the appropriate authority. 10. .....
Tag this Judgment!Court : Patna
..... with law for removal of the encroachments even if the society had filed a land encroachment case as also a title suit for removal of such encroachment for the authority is not bound by any act of the society and since the public land belonged to the authority and not to the society to which only possession had been transferred, the authority would be within its jurisdiction in taking action in accordance ..... of the bihar government premises rent realisation and eviction act, 1955 with appropriate amendment should be adopted in the process of eviction from ..... acquired land having been erected after taking over of the possession of the land by the collector under section 17(4) of the land acquisition act, such buildings and structures were illegal and the collector being the custodian of law and order was duty bound to assist the p.r.d.a. ..... in that case that no proceeding under the act or any other law had been initiated was not controverted by the counsel appearing for the respondent, the court held that the impugned notice dated 9-7-84 had been issued without any authority in law and quashed it with liberty to the district magistrate to take appropriate steps in accordance with law. 18. ..... awadh bihari yadav's case (air 1996 sc 122) (supra) while dealing with the argument that since the society had filed an application under the bihar public land encroachment act and a title suit for removing the encroachments, the high court was in error in not dismissing the writ petition (c.wj.c. .....
Tag this Judgment!Court : Patna
..... charter, letters patent, order in council, warrant, proclaimation, notification, rule, resolution, order, regulation, direction or contract made, or form prescribed, or table settled, under any enactment hereby repealed and in force at the commencement of this act, or (b) the validity of any appointment, or any grant or appropriation of money or property made under any enactment hereby repealed, or (c) the tenure of office, conditions of service, terms of remuneration or right to pension of any officer appointed before the commencement of this ..... or amended by a competent legislature or other competent authority have effect subject to such adaptations and modifications as appear to hismajesty to be necessary or expedient forbringing the provisions of that law into accord with the provisions of this act and, inparticular, into accord with the provisionsthereof which reconstitute under differentnames governments and authorities in indiaand prescribe the distribution of legislativeand executive powers between the federation and the provinces: provided that no such ..... whole of india, including the so called shceduled districts, with the exception of certain tribal areas in the state of assam, in the state of madras and in the state of jammu and kashmir and in the state of manipur, act ii of 1951, received the assent of the president on 17-2-1951, and came into effect from that date, and so it was held by the high court in that case that the civil procedure code applied to the entire .....
Tag this Judgment!Court : Patna
..... in such a situation, that the investigation has now come somewhat on track, i direct the zonal inspector general of police, saran to personally look into all those aspects of the matter and take action appropriate to the facts arising and noted above within a shortest possible time. ..... in what manner which officers of the police acted with what motive is also a serious matter of concern, which is required to be enquired into and necessary strict disciplinary action and corrective measures required to be taken appropriate to the facts of the case.5. ..... whether police would further like to investigate including the role of others, who are named in the fir is for the higher appropriate police officials to consider. ..... on 28.1.2009 at siwan sadar police station on basis of a copy which the petitioner obtained under rights to information act and filed before the superintendent of police, siwan. ..... and the evidence act, the consequence and the trial is different. .....
Tag this Judgment!Court : Patna
..... of section 245f conferring exclusive jurisdiction on the settlement commission in the matter of exercise of powers and performance of the functions of an income tax authority under the act in relation to the case.7.the question for consideration is whether in a case where the settlement commission decides not to reject the application and allows the application to be ..... duly authorised in this behalf, and after examining such further evidence as may be placed before it or obtained by it, the settlement commission may, in accordance with the provisions of this act, pass such order as it thinks fit on the matters covered by the application and any other matter relating to the case not covered by the application, but referred to in the report ..... pleased to observe as follows, to quote :"it may be that in an appropriate case a criminal court may adjourn or postpone the hearing of a criminal case in exercise of its discretionary power under section 309 of the code of criminal procedure if the disposal of any proceeding under the act which has a bearing on the proceedings before it is imminent so that it ..... : [1984]149itr696(sc) , after observing that (page 702) "it may be that in an appropriate case a criminal court may adjourn or postpone the hearing of criminal case in exercise of its discretionary power under section 309 of the code of criminal procedure if the disposal of any proceeding under the act which has a bearing on the proceedings before it is imminent so that it may take also .....
Tag this Judgment!Court : Patna
..... be said to have been done under the ordinance which was saved after 5-1-1948.it held that the liability of the present respondent to be punished arose under the defence of india act and not under the ordinance which merely extended the period during which they could be prosecuted and punished and that had their prosecution started during the life of the ordinance or during ..... construction only then it would not be open to the courts to adopt any other hypothetical construction on the ground that such hypothetical construction is more consistent with the alleged object and policy of the act.the words used in the material provisions of the statute must be, interpreted in their plain grammatical meaning and it is only when such words are capable of two constructions that the question of giving ..... liabilities acquired or incurred, can be enforced after the expiry of a temporary statute, particularly when the expiring statute does not contain a saving provision similar in effect to section 6 of the general clauses act, the authorities cited at the bar, to which i shall presently refer, make a clear distinction between rights and obligations created by a temporary statute which are of enduring nature and therefore survive even ..... the state legislature had no jurisdiction to enact the second proviso to section 10(2) of the bihar act, because section 15 of the central act read with section 2 thereof had appropriated the whole field relating to mines and minerals for parliamentary legislation. .....
Tag this Judgment!