Court : Patna
..... notes and notices unregulated and indiscriminate opening of indigenous medical educational institutions in this state by persons or bodies registered under the societies registration act, 1960 or otherwise without providing for adequate teaching facilities is hampering the cause of indigenous medical education and is highly detrimental to the interest ..... ad regulate such educational institutions. all such educational institutions which appear to have commercialised such education to an intolerable extent. section 2 of the act provides for aban in quite comprehensive terms and prohibits any person from running any institution (sic) and (raining in indian system of medicines except ..... in accordance with the provisions of the act. for opening of new institutions a permission of the state government has been made mandatory. section 4 provides for certain commitments and obligations which .....
Tag this Judgment!Court : Patna
..... pay last drawn by him before discharge.11. thus, on harmonious reading of the provisions, contained in section 39(4)(b)(ii) and 39(19) of the act and clause 16.1 (b)(iii) of chapter xvi of the statutes it is clear that such employees of the university shall be entitled for the pension that would ..... in case they are appointed to the pensionable establishment of the university. every such individual, who has been employed by the university is subject to the provisions of the act and the enactment and the statutes made and under sub-section (19) such government servant on entering the service of the university becomes entitled for compensation, proportionate pension ..... which specifically deals with the manner how the pension of such employees is to be fixed. as per the provisions contained in section 39(4)(b) of the act, employees of the state government transferred to the university by the state government from time to time are deemed to have been appointed by the university and they ceased .....
Tag this Judgment!Court : Patna
..... have been alright but the present property in question had already been automatically vested under clause (5) of the ordinance of 1949 and validated by section 8 of the act of 1950 even though there is no notification regarding publication in the gazettee as required under section (vi) of the ordinance. it should be mentioned here that such ..... of section 7-a the property cannot be declared to be evacuee property. it is true that if the vesting is done after coming into force of the act, 1950 then definitely the proposition as suggested in 1980 sc 1206 and being held by the appellate court and being strenuously submitted by the learned counsel for the ..... such challenge can be made by the defendant in the present suit when a total bar has been there under sections 28 and 46 of the administration of evacuee property act, 1950. 6. before going for appreciating the substantial question of law framed in this appeal the admitted position of factual aspect requires to be reiterated. plaintiff is .....
Tag this Judgment!Court : Patna
..... he submits that none of the judgments relied upon by him directed for payment of additional court fee. relying on the provisions of rule 41 of the bihar land ceiling act 1961, read with rule 53 of the bihar land ceiling rules 1963, he submits that only one court fee is payable. the said provisions are reproduced herein below:' ..... page 79 rohtas industries limited v. state of bihar, wherein it was held that a composite notification under sections 6 and 10(1)(h) of the industrial dispute act was permissible in law. i am mindful of the position that the same did not deal with adjudication before courts and dealt with matters either administrative or quasi-judicial, ..... same plot in favour of ram lakshman shah, executed and registered on the same dates. the present petitioner filed three separate applications under section 16 (3) of the act claiming preemption with respect of the lands alienated in favour of respondent nos. 5 to 7 which were registered as land ceiling case nos. 13/82-83, 14/82 .....
Tag this Judgment!Court : Patna
..... find much substance and force in the submissions advanced by the learned counsel appearing for the respondents. considering the wide jurisdiction under section 35 of the 'act', there is no jurisdictional illegality with which the impugned can suffer.12. other ground on which the petitioners have challenged the impugned order is that the ..... had no option than to prefer revision cases 368/ 1995, 369/1995 and 370/1995 directly before the revisional authority under section 35 of the 'act'.6. in order to examine the objection raised by the petitioners regarding filing of revision applications by the respondents directly before the director, consolidation, scope ..... filed revision applications were not maintainable as against the order passed by the consolidation officer, the respondent should have filed an appeal as provided under the act. thirdly, it has been stated that the revision applications were hopelessly time barred. even then they were entertained by the revisional authority and the .....
Tag this Judgment!Court : Patna
..... gross irregularities are found by the district magistrate prior to holding of the meeting, in which circumstances he may issue appropriate direction under section 157 of the act, there can be no occasion for adjournment of the meeting at the behest of either the executive officer-cum-block development officer or the sub-divisional ..... removal of the chairman of the municipality.43. by reason of the amendment in the constitution and consequent amendment by the sate legislature in the rajasthan municipalities act, however, no indication has been given that by reason thereof a special right is sought to be created in the nominated members although they would not ..... up-pramukh against whom no confidence motion has been moved for his defence before the panchayat samiti.18. he further refers to section 36 of the act relating to composition of the panchayat samiti which states that the panchayat samiti shall consist of directly elected members from the panchayat samiti's territorial constituencies; .....
Tag this Judgment!Court : Patna
..... daily wages employees prior to termination of their employment in 1991 could not therefore complain of any 'retrenchment' within the meaning of section 2(oo) of the act and being so, provisions of section 25f were clearly not applicable.' he also found fault with that part of the award whereby regularisation has been ordered for and ..... functions within the limits of its powers. an order of an authority or a tribunal can always be corrected if it has exceeded its jurisdiction or has acted in ignorance or violation of the statutory provisions. the high court would be justified in interfering if wrong provision of law has been applied or that an ..... regularised and given appropriate pay-scales, whereafter the order of termination has been passed which can be done only after observing the requirements of section 25f of the act and article 311 of the constitution of india.8. learned counsel for the respondents submitted that the petitioners did not challenge the original order of dismissal of .....
Tag this Judgment!Court : Patna
..... of holdings and prevention of fragmentation as a part of agrarian reforms in the state of bihar. it is amply clear from the preamble of the act that the act of 1956 is devised for consolidation of holdings, as well as, prevention of fragmentation in the state of bihar, which is injurious, and leading ..... before consolidation whereas section 9 provides for preparation of register of lands. section 9a provides for preparation of statement of principles and section 10 of the act of 1956 provides for publication of registers of lands and statement of principles and objections thereon. it provides that register prepared under sub-section (2) ..... in law and without considering, seriously, the provisions of section 10-a of the bihar consolidation of holdings and prevention of fragmentation act, 1956 (bihar act xxii of 1956) (for short the 'act of 1956'), contending that the original revisional authority, assistant consolidation officer, has passed an ex parte order without application of mind which .....
Tag this Judgment!Court : Patna
..... anr. petitioners v. rambilash madan gopal, opposite party) (supra) at para. 100 the court has held as follows:in terms of section 11(1)(c) of the said act, a mandate has been imposed upon the court to satisfy itself that the building is reasonably and in good faith required. such a determination is possible when the court takes ..... the code of civil procedure but also in a case where the trial court has arrived at a finding of fact upon erroneous construction of a legal provision or acted contrary to law. this court can also exercise its jurisdiction in a case where the trial court misconstrued a vital document or committed a procedural error.13. from ..... party) this court has held:although, it is not possible to lay down exhaustively the situations where this court can exercise its jurisdiction under section 14(8) of the act, it is clear that this court in exercise of its revisional jurisdiction under section 14(8) not only can consider the questions which are permissible in terms of articles .....
Tag this Judgment!Court : Patna
..... .8.2007 directed to hold fresh election of the members of the syndicate from the members of the senate under section 22(h) of the bihar state university act, 1976. pursuant to the same, communiqu for holding elections was also issued by the university. aggrieved by the same, the petitioner has challenged the aforesaid actions ..... by the registrar of the university notifying the programme for election to the syndicate by the senate of the university under section 22 of the bihar state universities act. the petitioner filed his nomination paper as one of the candidate for the post from teacher category of members from amongst professors and readers other than university ..... 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 .....
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