Court : Patna
..... in the present case, under section 6(1) of the act of 2006, all the employees of the board / market committees / bazar samitis are to continue on the same terms and conditions until appropriate scheme. ..... in all these writ petitions the constitutional validity of bihar agriculture produce market (repeal) act, 2006, (hereinafter referred to as 'the repeal act of 2006') has been challenged.the petitioners, different in each writ petition, are alleging themselves to represent the interest of the persons employed at bihar agriculture marketing board, market/committees/bazar samities, the agriculturists and the ..... that having not been taken, the constitutional mandate in enacting a valid law has not been followed.it was next contended that in enacting the repeal act of 2006, the rules of business which ought to have been followed before legislating an act have not been adhered to and, therefore, the enactment of repeal act of 2006 is in contravention of the procedures laid down for enacting a valid law. ..... there being no disharmony between the purpose for which the repeal act, 2006 has come into force and the purpose in furtherance of which the repeal act has been brought about and the purpose for which the assets of market board vesting in the state has to be applied ..... secondly in the aforesaid circumstances the enactment of repeal act of 2006 is a colourable exercise of legislative power because the purpose of the repeal act is to acquire the property of the market board and nothing else .....
Tag this Judgment!Court : Patna
..... be that as it may, having regard to the fact that in reality only 37% of the seats have been reserved, i would not declare that the provisions of the ordinance or of the 2006 act, which authorizes reservation not exceeding 50% of the total seats, is contrary to the basic structure of the constitution and accordingly, the same is bad. ..... it was submitted that taking cue from the observations in krishna kumar mishra, it has been decided that appropriate steps will be taken to train the members of the gram cutcherry and in addition thereto, it has been decided to provide them with legal assistance through a qualified ..... exist which render it necessary for him to take immediate action and having regard to the fact that the term of the existing panchayats was expiring in june, 2006, there was no necessity for the governor to take immediate action, as the assembly was reassembling on 27th february, 2006, within 43 days, and there is noting on record to suggest that there was any material to obtain subjective satisfaction in relation to circumstances necessitating an immediate action to be addressed by ..... would only observe that anyone exercising power under the provisions of the constitution is bound by the provisions contained therein for the constitution is supreme and accordingly, the state will appropriately apply its mind in future and ensure that not exceeding 49% of the seats are reserved.33. ..... , pronounced without noting the appropriate provisions of law or a binding precedent, it .....
Tag this Judgment!Court : Patna
..... where such action of an executive authority acting without jurisdiction subjects or is likely to subject a person to lengthy proceedings and unnecessary harassment, the high courts, it is well settled, will issue appropriate orders or directions to prevent such consequences.14. ..... their lordships then proceeded to hold at page 609:if an inferior court or tribunal of first instance acts wholly without jurisdiction or patently in excess of jurisdiction or manifestly conducts the proceedings before it in a manner which is contrary to the rules of natural justice and all accepted rules of procedure and which offends the superior court's sense of ..... learned counsel for the petitioners submitted that the determination under section 7a of the act made by the respondents was erroneous and raises a question of jurisdiction. ..... in the present case, the proceedings under section 7a of the act have the trappings of the civil court under the code of civil procedure. ..... learned counsel for the respondent-authority submitted that the petitioners had the alternative statutory remedy of an appeal available under section 71 of the act and, therefore, the writ petition was not maintainable.5. ..... the impugned order dated 8.6.2004 at annexure-10 and the consequential demand certificate dated 12.1.2006 at annexure-12 is hereby quashed.15. ..... in consequence, a recovery certificate has been issued by order dated 12.1.2006 at annexure-12.3. .....
Tag this Judgment!Court : Patna
..... it is stated that the panchayati raj department by its letter dated 29.5.2008 informed the board of revenue that no appeal appears to have been provided to the principal secretary of the department by the amendment act, 2007 to the 2006 act and in such circumstances, it was not proper for the department to pass any order on the appeal files sent to it and since the appellants had not filed any application in the department, therefore, the files ..... as a matter of fact, so far as the appeals before the board of revenue were concerned, the same had to be heard by it and for the purpose of the said appeals, the earlier unrepealed provisions of the bihar panchayat raj act, 2006 would be deemed to have continued to operate by virtue of the provisions of section 8 of the bihar and orissa general clauses act, 1917 which apply to all acts enacted by the state legislature of bihar.cwjc no. ..... before the member, board of revenue but in the said appeals either orders have been passed that the member, board of revenue has ho power to hear an appeal after the amendments brought about by the amending act of 2007 or the matters have been kept pending after sending the concerned files to the state government in the panchayat raj department for further action.4. ..... and learnt that after coming into force of the said amendment, the board of revenue has forwarded the records of about 12 such appeals, including that of the petitioner, to the panchayati raj department for taking appropriate steps. .....
Tag this Judgment!Court : Patna
..... the registrar-cum-returning officer for reasons best known to him and in the meantime the opinion of the advocate general was taken in which it was opined that it does not appear appropriate to act on the basis of the election held in 2003 almost three years ago. ..... referred to the learned advocate general, bihar for his legal opinion who gave his opinion that on the basis of election held almost three years back it does not appear to be appropriate to act. ..... to quash the letters dated 10.7.2007 and 27.9.2007 by which the chancellor of universities has directed for holding fresh elections of the members of the syndicate under section 22(1)(h) of the bihar state universities act, 1976 and the further memo dated 21.10.2008 issued by the registrar-cum-returning officer of the university by which he has issued election communiqu for holding fresh election of the syndicate from the professors ..... that on the petitioner's representation to the vice-chancellor, the registrar-cum-returning officer was directed for re-counting of votes which was held on 14.8.2006 but the results were not declared by the registrar despite orders of the vice-chancellor to that effect.5. ..... of the petitioner and direction of the chancellor fresh counting was held on 14.8.2006 and the position reported was that after excluding the name of dr. ..... , 9.8.2006 whereafter the registrar-cum-returning officer recommended for re-election on the ground that none of the winning candidate have secured more than two votes .....
Tag this Judgment!Court : Patna
..... of sub-rule (7) of rule 9 is wholly without jurisdiction and is, accordingly quashed and the matter is remitted back to the vidyalaya shiksha samiti constituted in terms of sub-rule (7) of rule 9 of the rules to take appropriate decision in the matter in the light of the allegations levelled against the petitioner after taking into account the fact that petitioner is not a technical person as also has raised objections vide his letter ..... that the district magistrate had no jurisdiction to pass the impugned suspension order as block level committee constituted in terms of bihar panchayat elementary teachers (employment and service condition) rules, 2006 (hereinafter referred to as the 'rules') as vested with disciplinary control over the petitioner and other teacher of the school and the district magistrate had no jurisdiction in the matter at all. ..... rules which have been framed in terms of the provisions contained in article 243g read with clause-17 of the 11th schedule of the constitution and the corresponding provisions in the bihar panchayat raj act, 2006 ..... government instructions issued under the signature of the chief secretary and contained in letter dated 16.12.2006, annexure-2 are very specific wherefrom it is evident that the teachers have not to ..... . appropriate orders in this regard be passed by the vidyalaya shiksha samiti as early as possible, in any case, within a period of one month from the date of receipt/production of a copy of this order and petitioner be allowed .....
Tag this Judgment!Court : Patna
..... in the nature of section 86 of the representation of the people act, 1951 inserted in the gram panchayat act, 2006, there would have been no occasion for the election tribunal to apply the provisions of the limitation act to the proceedings pending before it, but as there is no provision in the nature of section 86 of the representation of the people act, 1951 in the gram panchayat act, 2006, the limitation act will apply to the proceedings taken before the election tribunal constituted under ..... light of the aforesaid observations of the hon'ble supreme court, i am of the view that in the gram panchayat act, 2006 and the rules framed thereunder, there is no provision, which is akin to section 3 of the limitation act or section 86 of the representation of the people act, 1951 commanding the election tribunal constituted under the gram panchayat act either by express words or by necessary implication to dismiss the election petition filed beyond the period of limitation contained in ..... rules, but as consequences/penalty for not filing the election petition within the time required under the rules has been provided either in the said act or in the rules framed thereunder, in my opinion, by virtue of the provisions contained in sub-section (2) of section 29 of the limitation act, 1963, the election tribunal has the jurisdiction in appropriate case to consider the grounds for condoning the delay in filing the election petition.12. ..... put up before appropriate division bench under orders of .....
Tag this Judgment!Court : Patna
..... with the conviction of the appellant, but at the same time in view of the prohibitions as contained in section 20 of the juvenile justice act of 2000 as amended by the amendment act of 2006, we are unable to sustain the sentence of life imprisonment on his juvenility, having been established by exts.c & d. ..... sentence in respect of the juvenile, forward the juvenile to the board which shall pass orders in respect of that juvenile in accordance with the provisions of this act as if it had been satisfied on inquiry under this act that a juvenile has committed the offence: provided that the board may, for any adequate and special reason to be mentioned in the order, review the case and ..... from the judgment referred in the case of hari ram (supra) is that after the amendment to the juvenile justice act of 2000 by the amendment act of 2006 the situation as emanating in the case of pratap singh (supra) underwent a complete change. ..... the learned additional district judge in the present case because it found that when the offence was committed, though petitioner was not a juvenile, in terms of the juvenile justice act of 1986, he was a juvenile in terms of the juvenile justice act of 2000, but as he had attained majority prior to 01.04.2001, in fact, being almost 21 years of age on that date, he could not be given the benefit ..... (supra), the board would consider the evidence in accordance with rule- 12 of the central rules, 2007 and rule-22 of the bihar rules, 2003 and pass appropriate orders. .....
Tag this Judgment!Court : Patna
..... the parties, it is manifest that after the grant of letters of administration with the copy of the will annexed therewith to the petitioner, a petition under section 192 of the act, has been filed by her praying for recovery of possession over the ground floor of the house constructed over plot no.13d, block no.3, rajendra nagar, patna after dispossessing the opposite parties therefrom. ..... criticizing the impugned order it has been further submitted that the learned court below as an executing court has patently acted in excess of its jurisdiction in dismissing the execution case as not maintainable on the self same objections by the opposite parties and for all purposes, the ..... was, disposed of by the order dated 11.11.2001 by this court holding that an application under section 192 of the act was maintainable before the district judge and not before this court and accordingly, the petitioner was granted liberty to file such ..... until it is set aside by an appropriate proceeding in appeal or revision, a decree ..... thereafter the petitioner filed an application under section 192 of the indian succession act ( hereinafter referred to as act) in the said test case no.05/97 praying for handing over the possession of the movable and immovable properties covered by the will alleging that the ..... 2006 dt.14-08-2013 7 ordered that this miscellaneous case is allowed subject to any suit, as provided under the act, or any other suit already filed, which are beyond the scope of the proceeding under the act .....
Tag this Judgment!Court : Patna
..... 2003 of the district accounts officer the enquiry officer found the petitioner and his predecessor district welfare officers did not discharge their duties in connection with disbursal of the scholarship amount in appropriate manner and were acting at the behest of the assistant concerned as they neither made payment through cheque nor confirmed the receipt of scholarship amount from the students ignoring the government instruction under letter no.5480 ..... so far petitioner is concerned, i am satisfied that for the charges proved against the petitioner he has been appropriately dealt with and i do not find any illegality either with the enquiry report or with the second show cause notice or with the ..... relying on the report of the enquiry officer 10 petitioner was served with the second show cause notice dated 13.01.2006, anenxure-9 asking him to show cause as to why in the light of the findings recorded in the enquiry report he be not punished ..... any position to impress upon the decision making by the petitioner, as such, the case of sub-divisional officer and district welfare officer stands on different footing and it was for the government to impose appropriate punishment on them. ..... in the high court of judicature at patna civil writ jurisdiction case no.11332 of 2006 shri nand kishore keshri, son of late bhagwan das keshri, resident of mohalla khalasi, jhajha, post office and police station jhajha, district jamui at present posted as district welfare ..... reply dated 1.3.2006, annexure- 10 .....
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