Court : Patna
..... it is not in dispute before us that under the rules relating to transfer of as sets under section 29 of the act, which belongs to loanees, before conclusion of a transaction of a transfer, option is to be given to the loanee promoters for paying the retention price, so that transfer may not be concluded and his rights may not be lost on ..... thus rendering the sale order ineffective, and unit could not be handed over and sold thereafter, promoters of such unit may be allowed to avail the facilities of ots under any appropriate eligible plan but the must now deposit the specified initial money for retention before applying for ots. ..... promoters in such cases settlement is available only under eligibility category 1 (d)--plan e for the loan outstanding against ..... of the unit for which sale order has already been issued and action for retention of unit as per terms of the sale order has not been taken by them shall not be eligible for taking benefits of this ots scheme.10. ..... execution of the agreement, assets have been handed over to the purchaser in such cases only purchaser is to pay the dues in terms of sale order and they may settle their dues under eligibility category 1 (c) and plans c or d of the scheme. ..... of the scheme which deals eligible categories, is relevant for our ..... on the assets and only purchaser is to pay the dues in terms of sale order and on failure to pay corporation can take further action for sale or they may settle their dues under eligibility category 1 (c) of the scheme. .....
Tag this Judgment!Court : Patna
..... as held hereinabove, this forms part of the terms and conditions of an advertisement and prescribes the eligibility clause which the bank alone is entitled to determine, the petitioner cannot dictate terms thereof to the bank, particularly in a situation where this court is in no doubt that the same is just and reasonable and seeks to achieve a ..... the impugned clause is part of the terms and conditions of the advertisement, it fixes the eligibility clause, and is meant to achieve a distinct and worthwhile object of transparency in grant of contracts in the field in question and to suppress a mischief which, in the estimation of the bank, has been afflicting such ..... does not confer any right at all in favour of the petitioner to deal with the bank so long the restriction in the nature of an eligibility clause is enforced uniformly, and has a rational nexus with the object sought to be achieved. ..... in view of the foregoing discussion that the impugned clause is really provides the eligibility clause and does not curb the petitioner's fundamental right, the provisions of article 19(6) of the constitution are not attracted, and a legislation is not needed to achieve the object ..... reported in (2002) 2 scc 617, and it was held that the award of a contract, whether by a private party or by a state, is essentially a commercial transaction. ..... it was observed that the award of a contract, whether it is by a private party or by a public body or the state, is essentially a commercial transaction. .....
Tag this Judgment!Court : Patna
..... similarly situate who had completed training prior to 1996 on a separate footing on the basis of limited examination different completing the training course later as a proposition of law sounds attractive but considering that in two transactions 2013 (1271+742) appointments have already been made pursuant to acvertisement nos. ..... case stands on a far better footing from the respondents' point of view inasmuch as the impugned resolution does not bring about any change in qualification or eligibility and thus does not affect the right of the candidates considered for appointment on the post. ..... the court noted that when the selection process commenced the concerned candidates were eligible and but for the interim order of the high court their selection and appointment would ..... inform, as early as possible, the existing and anticipated vacancies to the public service commission so that every eligible person may apply and be considered for recruitment if he satisfies the requisite qualification. ..... : (1994)illj780sc , disapproving the method the supreme court observed that it is difficult to accept suggestion for adoption of chain system of recruitment by notifying each year's vacancies and recruiting candidates found eligible for the respective years which would be fraught with grave consequences. ..... in terms of the relevant rule a diploma holder in automobile engineering or mechanical engineering was eligible for appointment, as a result of the amendment the diploma holder became ineligible. .....
Tag this Judgment!Court : Patna
..... according to him, if the grant is made to a person not qualified and eligible to receive the monetary grant in view of settled law and policy decisions then the excess or wrong payment must be recoverable. ..... only in cases where non-fundamental elements of the process for making the grant is not followed then the defect is curable and must be treated as a mere irregularity and in such transactions recovery may not be permissible.18. .....
Tag this Judgment!Court : Patna
..... facts, as enumerated above, and the legal propositions, as referred to above, we are satisfied that the decision taking committee had not acted in any manner in complete departure of the eligibility criteria for the purpose of the execution work and its action, at the same time, does not appear to be arbitrary, irrational, discriminatory or violative of the provisions of law.19. ..... : [2000]1scr505 it was held that the award of a contract, whether by a private party or by a state, is essentially a commercial transaction and even if when some defect is found in the decision making process, the court must exercise its discretion under article 226 with great caution, particularly in furtherance of public interest and not merely ..... for the appellant substantially argued that the writ petitioner appellant was the only tenderer, who was eligible in terms of the rfp and since respondent no. ..... 5 had not at all fulfilled the eligibility criteria, as laid down in clauses 18(b) and 18(e) of ..... in the instant case, all eligible tenderers were considered and, ultimately, ..... 5 also failed to meet the eligibility criteria as per clause 18(e) of the rfp, which requires that the bidder must have successfully completed atleast a project of ten crores or two projects of five crores or three projects of three crores ..... 5 had not fulfilled the eligibility criteria, as laid down in clause 18(b) of the rfp, his tender paper could not have been accepted, as it lacked in experience as provided under clause 18(b) of .....
Tag this Judgment!Court : Patna
..... the requirements in a tender notice can be classified into two categories - those which lay down the essential conditions of eligibility and the others which are merely ancillary or subsidiary with the main object to be achieved by the condition. ..... it did not affect the substance of the transaction. .....
Tag this Judgment!Court : Patna
..... 10 and 12 of the impugned order the labour court has mentioned the following facts:- (i) although the eligibility/minimum qualification for an apprentice is 8th class pass, but in the instant case many of the petitioners are illiterates (ii) the maximum period of the apprenticeship contract can be three years only, but the contracts in question ..... the case set up by the petitioners before the labour court was that they were permanent workmen and the apprenticeship contracts are nothing but paper transaction and a device to deprive them of the benefit of the i.d.act. ..... as some of the petitioners were not even eligible or qualified for being engaged as apprentice, the contracts could not have been registered. ..... ' section 3 of the said act has laid down the eligibility qualifications for being engaged as an apprentice. .....
Tag this Judgment!Court : Patna
..... in the case diary also materials have come to indicate that the financial transactions have been made by the petitioners with the office bearers of the bpsc and that has affected the selection process as well as to final selection of the candidates. ..... by this amendment all those government servants who have eligibility for selection against vacancies generated between 1982 to 1998 shall have the right for appointment on becoming successful after participating in first limited examination, though the things are against the rules.5. ..... the eligible and meritorious candidates have been left out but the names of those candidates have been recommended who are less meritorious. .....
Tag this Judgment!Court : Patna
..... sub-section (2) of section 7 stipulates and lays down the modalities for determining whether a transaction falls within sub-section (1) of section 7 or not.24. ..... in view of the said mandate the said transactions are outside the legislative competence of the state legislature.23. ..... in the course of the business, every transaction would be liable to tax as a matter of course/routine. ..... the units were required to obtain eligibility certificate and the cumulative sales tax concessions were not to exceed 90 per cent of the gross fixed capital investment of the unit. ..... it is also contended by them that even after assuming that the industrial policy, 1993 intended to give general exemption to the petitioner, it was never intended to extend the facility to non-eligible dealers like l.g. ..... according to them, the petitioner was misusing and misutilising the benefit by manufacturing goods for and on behalf of such non-eligible dealers. .....
Tag this Judgment!Court : Patna
..... the court is careful not to find fraud unless it is distinctly pleaded and proved; but once it is proved it vitiates judgments, contracts and all transactions whatsoever....the ratio of this judgment has been applied by the supreme court and the high courts in innumerable cases. ..... law is well settled that, in such a case, advertisement should be published in local dailies or such means of wide circulation, so that all eligible candidates may come to know of the vacancies. ..... the university had published the advertisement for the course in question (apart from other courses not relevant in the present context) which had appeared in the local dailies on 2.5.2008 (annexure-c), inviting applications from eligible candidates. .....
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