Court : Patna
..... object of the discussion in the preceding para is to emphasise that if a commission/authority begins its process of identification with castes (among hindus) and occupational groupings among others, it cannot be that reason alone be said to be constitutionally or legally bad. .....
Tag this Judgment!Court : Patna
..... further clarified the position by holding that an adjudication is conclusive and final not only as to the actual matter determined but as to every other matter which the parties might and ought to have litigated and have bad decided as incidental to of essentially connected with subject-matter of the litigation and every matter coming into the legitimate purview of the original action both in respect of the matters of claim and defence. ..... singh that the learned counsel for this court in the aforesaid civil appeal bad misled the hon'ble supreme court that the rules aforesaid do not apply pointing out that in the counter-affidavit this court has taken a categorical stand that the rules apply and perusal of .....
Tag this Judgment!Court : Patna
..... it took theview that the order levying interest was bad as it did not mention theamount (of interest) charged under section 139(8) nor the same had been shown separately in the demand notice. ..... we do not think that mere non-mentionof the specific provision under which the interest is charged goes to theroot of the matter and makes the order bad. ..... 3 has to be in the negative and it has to be held that non-affording of opportunity of hearing per se would not make the order levying interest bad.6. .....
Tag this Judgment!Court : Patna
..... it was then contended by the petitioner that the said notice was bad because that was based on a letter of the commissioner of commercial taxes being instruction no. ..... xiv and accordingly such notice must be held to be bad in law and in process had vitiated the entire proceeding including the order of assessment dated, 20.11.2006 and/or the resultant demand notice, dated 20.11.2006. ..... the notice for initiating the proceeding under section 19 of the act was vitiated, it must be held that the consequential assessment order, dated 20.11.2006 and the resultant demand notices, dated 20.11.2006 are also bad and hence, fit to be quashed.4. .....
Tag this Judgment!Court : Patna
..... as such the penalty orders are bad. .....
Tag this Judgment!Court : Patna
..... the contention of the learned counsel of the appellants is that the judgment and order of conviction and sentence passed against the appellants are bad in law as well as on facts as no independent witness has come forward to support the case of the prosecution with regard to recovery of ganja from the possession of the appellants. ..... witnesses of the seizure, have not supported the prosecution case that packets of ganja were recovered from the possession of the appellants and as such, the entire recovery is doubtful and so, the conviction of the appellants is bad in law. .....
Tag this Judgment!Court : Patna
..... by a judgment dated 3.5.2001 at annexure 15, the tribunal rejected the contention of the petitioner that the order was bad as having been passed after 31.5.1995, the time fixed by the tribunal for completion of the departmental proceedings and the order dated 11.7.1997 restraining the respondents from passing any orders for 14 days. ..... ) to submit that this aspect of the matter attained finality inter parties and therefore the order of punishment dated 2.7.1997 passed long after and contrary to the time granted by the tribunal was bad in law. .....
Tag this Judgment!Court : Patna
..... but, if between the departments of the government they cannot see eye to eye with each other then this is a bad situation to be considered within the government itself. ..... the bad and defaulter tenants, occupying the premises and not paying damages for use and occupation of the property of biscomaun. ..... he reiterated the circumstances that biscomaun was involved very badly in litigation. .....
Tag this Judgment!Court : Patna
..... on solemn affirmation nor witnesses have been examined in the proceedings which was virtually a complaint petition and rejected the protest petition without following these mandatory provisions and thus the impugned order is apparently bad for non-compliance of the mandatory provisions of chapter xv of the code of criminal procedure.9. .....
Tag this Judgment!Court : Patna
..... 1 as stated in the written statement is that this election petition is not maintainable and liable to be dismissed because it does not raise any triable issue and is also bad for non-joinder of necessary parties namely, shri o.p. .....
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