Court : Patna
..... every allegation of fact in the plaint, if not denied specifically or by necessary implication or stated to be not admitted in the pleading of the defendant, shall be taken to be admitted except as against a person under disability, provided that the court may in its discretion require any fact so admitted to be proved otherwise than by such admission. ..... as below:where the defendant has not filed a pleading, it shall be lawful for the court to pronounce judgment on the basis of the facts contained in the plaint, except as against a person under a disability, but the court may, in its discretion, require any such fact to be proved.6. ..... view of the facts and circumstances of the case and in view of the provision of taw, the court below had not rightly interpreted order viii, rule 5 of the c.p.c. ..... 1 was mad and mentally unfit and the findings of the court below on this point could not be assailed and it was rightly held that he was same and mentally ..... reported in : [1999]2scr728 , that concurrent findings of fact, however, erroneous, cannot be disturbed under section 100 of the c.p.c. ..... substantial question of law, which had been formulated in this second appeal is whether the court had rightly interpreted the order viii, rule 5 of the c.p.c.5. ..... in view of section 12 of the money lenders act, the defendant second party left the land under rehan and these defendants came in possession over it ..... in the year 1976, rule 5(2) in order viii, was added which had not been provided in earlier c.p.c .....
Tag this Judgment!Court : Patna
..... the samiti as its managing director and on 29.4.1995 he addressed a letter to the electrical superintending engineer, patna electrical circle, patna intimating that he was authorized the board to maintain power supply in the areas which till then were under the samiti and that he was, thus, under the supervisory control of the electrical superintending engineer, patna circle. ..... it then made a recommendation that services of the employees of the samiti may be utilized for maintaining the supply of electricity in the area previously under its control and further that the board should make payment of salary to them and should absorb in its service such of the ..... the board's own survival is at stakes, it cannot be compelled by a direction issued by the court to absorb in its service about 230 additional employees on the pretext of equitable considerations for those ..... on a conjoint reading of the proviso to sub-section (1) of section 7 of the indian electricity act and section 25ff of the industrial disputes act, it would be plain and clear that the claim of the petitioners could lay only against the previous ..... in this decision the appointment of the concerned employee was not disturbed, on equitable considerations, after ten years of his appointment, though it was shown that his appointment was made due to ..... mind that in 1976 the board was very much in existence and was fully in position to supply electricity to the areas covered by the ..... he laid special emphasis on para 164 of the .....
Tag this Judgment!Court : Patna
..... we may sum up the legal position thus : (i) the government is free to enter into any contract with citizens but the court may interfere where it acts arbitrarily or contrary to public interest;(ii) the government cannot arbitrarily choose any person it likes for entering into such a relationship or to discriminate between persons similarly situated;(iii) it is open to the government to reject even the highest ..... kamdhenu cattle feed industries, 1993 air scw 1509, the question posed before the supreme court for consideration was whether after rejecting all the tenders the authority was entitled to resort to negotiations with all tenderers or not and was entitled to accept significantly higher amount than the quoted in highest ..... 3) scc 223, while considering the matter relating to price fixation, the supreme court observed that even if rule of audi altram partem is not attracted, reasonableness and fair play in action must be observed which emanate from the doctrine of natural justice. ..... today the government, in a welfare state is the regular and dispenser of special services and provider of a large number of benefits, including jobs contracts, licences, quotas, mineral rights, etc. ..... the appellant a registered company engaged in manufacture of isi marked upvc plain casing pipes (hereinafter referred to as 'pipe' for short) has its industrial unit at hajipur industrial area in the district of vaishali. .....
Tag this Judgment!Court : Patna
..... and on the departmental secretary producing the letter, dated 19-7-1998 plainly declaring that the petitioners will be paid their salary only from the date of their regularisation, this court disposed of the contempt proceedings by passing the following order on 20-7-1998:the secretary and additional secretary, higher education government bihar, have also personally appeared today pursuant to this ..... court's order dated 17th july, 1998 and have produced a copy of the recent instructions issued on 19th july, 1998 regarding the payment of salary of the petitioners pursuant to the ..... the full bench decision examined the true import of section 35 of the bihar universities act, 1976 in the background of the unresolved controversies of absorption of the teaching and non-teaching employees of a number of colleges made constituent units of the ..... even after allotment of the necessary funds to the college no payments were made to the petitioners and then it transpired in the contempt proceedings pending before the court that the additional secretary in the department of higher education, government of bihar had issued a fax message, asking the vice-chancellor not to make any payments to the petitioners ..... enumerated as follows:(i) the petition for special leave to appeal against the decision .....
Tag this Judgment!Court : Patna
..... , both, one from imparting education and the other from receiving it disturbs the conscience, it is more disturbing that a political convention has become so big in size so as to pitch profuse numbers against the teachers and the students so that they have to abandon school premises and give way to the political convention attending ..... premises of these educational institutions will be dug bore holes for camp lavatories and urinals, make shift facilities like bored tubewells, hand pumps, special electricity connections and the accommodations will be fitted with light and fans. ..... was brought as a public interest litigation by the association of independent schools, bihar, bringing to the notice of the court the events which are about to take place, over which the media otherwise is agog. ..... the panchayats should have been addressed within their local areas on whatever they had to be told about their does and dont ..... the court has no hesitation in declaring that the act of requisitioning the accommodations of the educational institutions whether privately managed or state managed is a shabby and arbitrary ..... , the very purpose of the constitution saying that the panchayat means an institution, by whatever name called, of self government and for rural areas has no meaning. ..... of the state-respondents has affected the educational institutions within the metropolitan area of patna. ..... panchayat has sanctity as as an institution of self government, it should appropriately be left for the rural areas. .....
Tag this Judgment!Court : Patna
..... , air 1985 sc 1391 : 1985 (3) scc 594 : 1985-ii- llj-412 the parameters of judicial review of the revision of minimum wages under the minimum wages act were laid down as under: 'we also wish to emphasise that notifications fixing minimum wages are not to be lightly interfered with under article 226 of the constitution on the ground of some irregularities ..... section 4 provides that minimum rates may; consist of (i) a basic rate of wages and special allowance at a rate to be adjusted at such intervals and at such time the appropriate government may direct in accord with, as nearly as practicable, variation in the cost of living index applicable to the workers, that is, the ..... - in fixing minimum rates of wages in respect of any schedule employment for the first time under this act or in revising minimum rates of wages so fixed, the appropriate government shall- (a) appoint as many committees and sub-committees, at it considers necessary to hold inquiries and advise it in respect of such fixation or revision, as the case my ..... should have been fixed on the basis of the paying capacity and not on population of the area, it was submitted that the paying capacity of customers purchasing goods from d. ..... entertainment tax under the bihar entertainment tax act, 1948 on the basis of location and population, among other factors, was upheld by this court in syed jamilur rahman v. ..... , air 1976 sc 277 : 1975 (2) scc 517 : 1976-i-llj-1, the advisory board had appointed a sub-committee consisting or .....
Tag this Judgment!Court : Patna
..... the governor will delegate the powers among the chairman, vice-chairman and the managing director, article 80 provides that subject to approval of the governor and the provisions of sections 292 to 297 of the act, the directors may entrust to, or confer their powers upon and delegate to, the chairman vice-chairman, management, executive or other whole-time director or directors, as they may think fit. ..... 12(1) provides, inter alia, that no department shall without previaus consultation with the finance department authorise any orders (other than orders, pursuant to any general or special delegation made by the finance department) with regard to the matter involved therein. ..... the state government in exercise of its executive power has created a bureau in 1976, and has by another notification notified the corporation to be under the control of the bureau and in that view of the matter the corporation cannot revise the pay-scale of its employees without the approval of ..... a particular power is vested in the minister under the rules of executive business, that power can also be exercised by the officials of the minister's department and no delegation is required for the reason that the act and decision by the official is the decision of the minister. ..... as per the resolution of the government dated 1 -3-1976, the bureau is authorised to advise and co-ordinate about the salary and service conditions of the public sector undertakings and the bureau vide ..... the apex court in the case of samsher .....
Tag this Judgment!Court : Patna
..... the state of uttar pradesh reported in air 1976 sc 69: (1976 cri lj 10) wherein it was observed by the apex court that 'inspector daryao singh (pw 15) has not given any reasons in support of his opinion. ..... 'relying upon the aforesaid decisions it was submitted that there is nothing in the evidence of pw 6 which may show that he had acquired any special skill or knowledge of an expert and the certificate granted by him cannot be said to be an opinion of an expert. ..... factually, i also find that pw 6 has not disclosed anything in his evidence which may show that he had acquired any special knowledge or skill to give his opinion as expert in the matter of examination of coal belonging to railways. ..... 4363 yg on the alleged date and time of occurrence by solid and cogent evidence and without any reliable evidence the courts below held the petitioners guilty for committing offence under section 3(a) of the r.p. (u.p. ..... apart from that, there is another lacuna in the prosecution, inasmuch, as the trial court recorded the statement of the petitioners under section 313 of the cr.p.c. ..... ) act, which can not be sustained.13 ..... it would be highly unsafe to convict one on a capital charge without any independent corroboration, solely on bald and dogmatic opinion of such a person, even if such opinion is assumed to be admissible under section 45, evidence act. ..... ) act is liable to be set aside.5 ..... ) act to which they pleaded not guilty.3 ..... ) act and were sentenced to undergo rigorous imprisonment for two years each.2 .....
Tag this Judgment!Court : Patna
..... the object of the reference is to determine whether by virtue of section 89(1) of the act the criminal cases, commonly known as the animal husbandry scam cases, stand transferred to the court in jharkhand, the newly-created state of jharkhand, or whether those cases would continue to proceed before the special court at patna where they were instituted and where they have been hitherto proceeding. ..... stood transferred to jharkhand by virtue of section 89(1) of the act, in 35 cases the special court at patna had already passed orders taking cognizance on the basis of charge-sheets submitted by the c.b.i. ..... mostly include offences under that act, those cases go before those special courts which for that reason commonly acquire the name of the c.b.i. ..... the offences punishable under the prevention of corruption act, 1988, (for short 'the act') are tried by the special courts constituted under the provisions of the act. ..... while interpreting section 3(1) of the act, the apex court said that the competent authority can appoint special judge for an area or areas or for such case or group of cases and within that area or areas it can also appoint judges for a particular case. ..... a situation was, thus, created where there are more than one special judge for the area within which the offences were committed and in terms of section 4(2) of the prevention of corruption act, it was now left to the central government to specify the court which would try those cases.48. .....
Tag this Judgment!Court : Patna
..... coming to have purchased the suit land on payment of consideration amount and on the basis of those sale-deeds they want to deny the decree granted by the civil court, it was their burden to prove their sale-deeds and also the points involved by at least examining their vendors in their favour or getting them examined through commission but that ..... code of criminal procedure was initiated against the parties by order dated 10-9-1996 but then the respondents could know that delivery of possession was made through the court and as such, they searched in the civil court at patna and came to know that delivery of possession was taken by the appellant through paper transactions although they remained in possession and as per advice, ..... '(ii) whether any such application is made, the court shall proceed to adjudicate upon the application in accordance with the provisions herein contained.there are special provisions are there wherein a third party has been dispossessed by an unscrupulous decree-holder in execution of the decree when actually the third party was ..... respondents, it has been stated that they have been dispossessed on execution of the decree rather their case is that by execution of decree their legal possession has been disturbed and hence this petition has been filed. mr. ..... dispossession but by implication of law dispossession is there as under the provisions of the transfer of property act when there is execution of sale deed the same includes delivery of possession also. ..... area of .....
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