Court : Patna
Decided on : Aug-13-2003
..... rule 93 (2) of the conduct of election rules 1961. soon after the result was published and then the present petition has been filed under the said sections of the act for declaring the election of the sole respondent to be void. 6. the above election petition has been contested by the sole respondent. in the written ..... form? (ii) whether the election petition suffers from non-compliance of the mandatory provisions and also being bereft of material facts and particulars as contemplated under section 87 of the act and under order vi, rule 16 of the code of civil procedure? (iii) whether the corrupt practice as alleged in capturing booths and undue influence as ..... of the candidate. 12. it has fairly been consented by learned counsel for both the parties that is such allegations are brought for corrupt practice under section 123 of the act onus lies on the person bringing allegations to prove the same to the hilt in the proceeding because such allegations if brought becomes a quasi criminal .....
Tag this Judgment!Court : Patna
Decided on : Aug-12-2003
..... she had collected the amount by doing labour work etc. and, as such, held that, although, there is averment to the effect as contained in section 16(c) of the specific relief act regarding readiness and willingness of the plaintiffs regarding part performance of the contract, the same could not be proved beyond doubt as there is inconsistent evidence ..... case. in this respect a decision has been referred to as reported in 1996 (4) s.c.c., 526. the specific relief act only wants an averment to be made under section 16(c) of the act regarding readiness and willingness. that is there in the plaint itself and eagerness of the plaintiff could be found from the evidence also. ..... in this case wherein the plaintiff failed to tender the balance amount. in that case practically there was dispute regarding the deed itself whether being guided under section 55 read with section 58(c) of t. p. act or not. in the case of reconveyance time is definitely the essence of the contract as per the contract .....
Tag this Judgment!Court : Patna
Decided on : Jul-28-2003
..... the plaintiff of title suit nos. 195/73 and 196/73 served notices under sections 106 of the t.p. act upon the defendants thereof ?(ix) are the plaintiffs of title suit no. 7/74 and the plaintiffs of title suit no. 195/73 and title suit no ..... behalf of the plaintiffs also and it was not possible for any other members of the family to intervene in the suit as the suit was under the specific relief act for specific performance of contract. in that way, although, the ultimate title deed was executed by the court in favour of laxman sharma but it remained the property of the ..... respect of schedule-ii premise of their plaint ?(vi) are the defendants of title suit no. 195/73 defaulters within the meaning of bihar building (lease, rent and eviction) central act ?(vii) is the plaintiff of title suit no. 195/73 and title suit no. 196/73 required the schedule-ii premises on bona fide reasons and good cause ?(viii) did .....
Tag this Judgment!Court : Patna
Decided on : Jul-25-2003
..... is dated june 6, 1994. the dispute is in between the management of koiri hitkarini panchit hat samittee and the workmen.2. the reference was made under section 10(1)(c) of industrial disputes act, 1947, the reference was made to the labour court by a notification dated june 27, 1988 in the following terms: 'whether the termination, of the services of ..... systematic activity and it came within the definition of the term industry. these workmen who (sic) had discharged continuous service thus were entitled to the protection of the industrial disputes act, 1947.8. the ground that the workmen were part time employees, was not accepted nor could be proved by the management. the fact that the employees, as it was asserted .....
Tag this Judgment!Court : Patna
Decided on : Jul-11-2003
..... view of the special provisions of the milk and milk product order 1992, made by the central government in exercise of power under section 3 of the essential commodities act, the act in question has to give way to the aforesaid special provision.(vii) by issuance of impugned notification the state government has nullified the ..... sugar works's case (supra) one of the question for consideration was as to whether any inclusion of an item in the schedule of the market act under section 39 brings about any control or regulation of sale, purchase storage or processing of such, produce or whether in order to regulate and bring the produce ..... agricultural produce which includes basic agricultural produceas well as processed or manufactured, it is clear that sufficient guideline has beengiven to the state government under section 39 of the act to amend, substitute ordelete the items of the schedule. thus, there is no excessive delegation of power tothe state government. this question has also .....
Tag this Judgment!Court : Patna
Decided on : Jul-02-2003
..... possession of the homestead land in contravention of the provisions of section 20 of the santhal parganas tenancy (supplementary provisions) act 1949 (bihar act xiv of 1949), of section 46 of the chotanagpur tenancy act, 1908 (bengal act vi of 1908) or section 49-c of the bihar tenancy act, 1885 (act viii of 1885).'from combined reading of the two definitions it ..... failure on the part of the authority to follow the procedure and in that view of the matter too, the impugned order cannot be sustained.7. section 2(j) of the act defines 'privileged tenant' to mean :'a privileged person who holds homestead under another person and is, or but for a special contract would be, ..... the petitioner, submitted that rightly or wrongly, the suit having been held to be not maintainable in view of the provisions of section 18 of the act which makes the order passed under the act final and excludes the jurisdiction of the civil court for varying or setting aside any order except on the ground of fraud or .....
Tag this Judgment!Court : Patna
Decided on : Jun-26-2003
..... labour and industrial cases 1051, a dispute arose as to the methodology of calculation of fifteen days' wages under the payment of gratuity i.d. act. section 4(2) of that act, as soon above, merely provides that for every completed year of service or part thereof in excess of six months, the employee would be paid ..... the crucial question then is whether termination of the respondent's services was valid one. in other words, whether the termination was in accordance with section 25f of the act. section 25f of the act may usefully be quoted at this stage, for the sake of ready reference, as under: 'conditions precedent to retrenchment of workman.--no workman employed ..... of the respondent's service amounted to retrenchment - a point argued with emphasis on behalf of the management - so as to attract the mischief of section 25f of the act, reference may be made to the other finding of the labour court regarding the termination being stigmatic in nature. the labour court took the view that .....
Tag this Judgment!Court : Patna
Decided on : Jun-26-2003
..... of occurrence being 3-3-1999. as will appear from the annexed order of the learned additional chief judicial magistrate, siwan dated 28-9-2001 that the enquiry under section 32 of the act was conducted by the then chief judicial magistrate, siwan who had held, by order dated 28-7-1999, the petitioner not to be a juvenile. against that, cr ..... age in the case of arnit das (supra) in which one of us was a member of the bench, the applicability of section 20 of the act 2000 was considered in its various aspects, also taking into account section 3 of the act 2000. in that case the decision of the apex court in the case of umesh chandra v. state of rajasthan; (1982 ..... 2000 came into force and since a proceeding against the petitioner was pending on that date, by virtue of section 20 of the act of 2000 the petitioner was entitled to the benefits of the new act. however, it was admitted that if the date of birth as coming out in the admission registers was accepted, then on 1-4-2001 the petitioner .....
Tag this Judgment!Court : Patna
Decided on : Jun-23-2003
..... a condonation application in terms of section 5 of the limitation act making out a case of 'sufficient cause' explaining the delay in filing the application. it appears from paragraph 6 of the impugned order that the defendants (appellants herein ..... . 1 herein) is right in his submission that the application for substitution, or that of setting aside the abatement, has to be filed within the time prescribed by the limitation act, failing which abatement sets in by automatic operation of law. in order to seek condonation of the delay in filing such application, it is open to the appellants to file .....
Tag this Judgment!Court : Patna
Decided on : May-23-2003
..... default being made by m/s. bala paper mills regarding payment of instalments of loan with interest, possession of the unit was taken as contemplated under section 29 of the bsfc act by the bicico long back in the year 1996 and in the year 2002 bicico on auction had sold the unit to m/s. patna rolling ..... they were putting conditions after conditions and in the court practically the senior counsel mr. dwivedi was bringing allegations against the officials of the bicico as they were not acting as per the decisions/resolutions of the board of directors and their intentions were not being reflected in the actions of the officials of the bicico. these are ..... . before entering into the facts, the admitted position may be stated in brief as follows. 3. the writ petitioners are private limited company registered under the companies act, 1956 and its incorporation in the register of companies had been done on 1-8-1981. the purpose behind the establishment of the company was for manufacturing papers .....
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