Court : Patna
..... entire exercise without achieving anything, at least on paper. but, having said this and virtually having found that the action of the power holding company in amending the eligibility criteria and cancelling the first tender and issuing the second tender was irrational, the question is, to what relief the petitioner is entitled. 22. on behalf of the petitioner reliance is placed on a ..... quoted hereunder:- "clause 5.3.1 of revised rfp of bsphcl reads as under:- the bidder should be a distribution franchisee or a distribution licensee as per provision of electricity act 2003 having experience of handling at least 70500 retail electricity consumers at one location during last three (3) years continuously." 14. from the aforesaid facts, it would be seen that .....
Tag this Judgment!Court : Patna
..... should not have been calculated on the principles as laid down in the motor vehicles amendment act, 1994. the tribunal took the notional income of the deceased child to be rs. 15,000 on the basis of the second schedule of the motor vehicles amendment act, 1994. so, the tribunal committed a legal error. besides the same, a child ..... income fixed by the motor vehicles amendment act, 1994, which is for unemployed persons, but who are capable of earning, should not have been used as the basis for calculating the income of the deceased child.4. the respondents' lawyer submitted that under section 170 of motor vehicles act, the insurance company is not entitled to challenge the ..... of the vehicle, in question. however, it has become customary for the owner of a vehicle, which caused accident to shift their liability upon the insurance company and wash their hands off all the liabilities incurred on account of the alleged accident. it has also become customary for the owners and the claimants to object .....
Tag this Judgment!Court : Patna
..... a representation on the proposed penalty was to be found in clause (2) of article 311 prior to its amendment by the constitution (forty-second amendment) act. this right having been taken away by the constitution (forty-second amendment) act, there is no provision of law which a government servant can claim this right. 10.3) it is equally ..... be initiated against the authorities. the respondent authorities were, therefore, wholly justified in making serious endeavour to conclude the departmental proceeding before 18.3.2002. the second show-cause notice is dated 6.3.2002 (annexure 13), calling upon the petitioner to submit his reply by 11.3.2002. in view of the ..... held as follows in paragraph 68 (at page 1449), as follows:68. ...in associated cement companies ltd. v. t.c. shrivastava : (1984)iillj105sc , this court held that 'neither under the ordinary law nor under industrial law a second opportunity to show cause against the proposed punishment is necessary'. since a right to such opportunity .....
Tag this Judgment!Court : Patna
..... monthly income of the deceased and as such, the compensation should have been calculated on the basis of the notional income, as mentioned in 2nd schedule of the motor vehicle act, 1988 (as amended by act 54 of 1994). he has further argued that the tribunal has again committed mistake by granting medical expenses amounting rs. 2,500/- and ..... the rate of 9% per annum from the date of filing of the claim petition till its realisation. it is further ordered that the appellant (national insurance company limited) shall indemnify the entire amount after deducting the payment, if any made earlier, within two months from the date of this judgment failing which the amount ..... of his death, the claimants have claimed a total compensation of rs. 2,00,000/-.3. the owner and the insurer of the vehicle (appellant national insurance company) appeared before the tribunal and filed separate written statements in the case. as per the written statement of the owner, the accident in which the deceased shiv .....
Tag this Judgment!Court : Patna
..... that section.on the 30th march 1946, before the expiry of the defence of india act, the governor-general promulgated an ordinance 'the defence of india (second amendment) ordinance' no. xii of 1946. this ordinance amended section 1(4) of the defence of india act by adding a saving clause in the following terms:but its expiry under the operation ..... being c.w.j.c. no. 30 of 1978. the said writ petition was dismissed-vide judgment and order dated may 15, 1984, against which the petitioner-company approached the hon'ble supreme court by way of special leave. the supreme court by order dated 10th february, 1986, granted special leave, whereupon the appeal was ..... hazaribagh, as also iron ore mine and mines of other minerals in the state of bihar. the second petitioner is a share holder of petitioner no. 1 company as also the principal officer and senior executive of the company. the petitioner-company always paid, and continues to pay, royalty to the central government on the minerals mined by .....
Tag this Judgment!Court : Patna
..... body constituted under any of the act included in the schedule. the second ingredient is that the company should be functioning in two or more states immediately proceeding appointed day. the acts under which different bodies have been constituted is envisaged in section 2 of the act as specified in the schedule itself. subsequent amendment in section 2 of the act introduced in the year 1960 does ..... not in any manner change the basic requirement of the act .....
Tag this Judgment!Court : Patna
..... body constituted under any of the act included in the schedule. the second ingredient is that the company should be functioning in two or more states immediately preceding appointed day. the acts under which different bodies have been constituted is envisaged in section 2 of the act as specified in the schedule itself. subsequent amendment in section 2 of the act introduced in the year 1960 does ..... not in any manner change the basic requirement of the act .....
Tag this Judgment!Court : Patna
..... reads as under:45za. nomination for payment of depositor's money.-(1) where a deposit is held by a banking company to the credit of ..... of succession provided under sections 15 and 16 of the hindu succession act. the answer would be in affirmative in view of the provisions made under the banking regulation act, 1949. in the banking regulation act, part iii-b has been inserted by virtue of banking regulation amendment act, 1984. this part consists of section 45y to 45z, section 45za ..... according the rules set out in section 16-(a) firstly, upon the sons an daughters (including the children of any predeceased son or daughter and the husband;(b) secondly, upon the heirs of the husband;(c) thirdly, upon the mother and father;(d) fourthly, upon the heirs of the father, and(e) lastly, upon the .....
Tag this Judgment!Court : Patna
..... company are not entitled to claim bonus under the said bonus act. only those employees who answer the description of the 'employee' as defined under section 2(13) of the said bonus act, can claim bonus. the said definition of the word 'employee' under section 2(13) of the bonus act as it stood prior to the payment of bonus (second amendment ..... , where the terms of employment be express or implied.' 5. it has further been stated by the petitioner company that by a amendment of the said definition of the word 'employee' by payment of bonus (second amendment) ordinance, 1985 which was brought into force with effect from april 1, 1985 the definition was changed to ..... 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 bonus prior to the aforesaid second amendment ordinance, 1985. the officers getting the basic .....
Tag this Judgment!Court : Patna
..... here. 2. the insurance company appellant challenged the principles on the basis of which the quantum of compensation was fixed in favour of the injured matiur rahman. it was submitted by the appellant's lawyer that the principles of calculation of the compensation amount to an injured have been laid down under second schedule to the motor vehicles (amendment) act, 1994. the respondents' lawyer ..... below had assessed the pecuniary amount of medical treatment at rs. 20,000, because the injured failed to produce accounts of the expenditure incurred on his treatment. however, second schedule to the amendment act, 1994, has given a chart on the basis of which amount of medical expenditure has to be assessed where no accounts such as voucher and bills are submitted before .....
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