Court : Patna
..... in support of the aforementioned prayer, has submitted that the enhancement in qualification for appointment on class-iv (group d) post, having been notified by the finance department on 31.03.2011 from class-8 to class-10, could not have adversely effected the pending application of the petitioner and in this regard reliance ..... the only reason given by the district compassionate appointment committee and the additional collector, darbhanga in the impugned decision/orders is based on the circular of the finance department dated 31.03.2011 whereby and whereunder the qualification for the post of class-iv (group d) post services has been enhanced to class-x ..... by district compassionate committee, darbhanga on the basis of sankalp no. 3927 dated 31.03.2011 of government of bihar. (iii) for commanding the respondents to act properly upon the government instruction of sankalap no. 2937 dated 31.03.2011 as to clearify by the joint secretary of general administration department, government of bihar .....
Tag this Judgment!Court : Patna
..... wherein it has been held as follows:- 14. the order 1973 was issued by the governor of bihar in exercise of the powers conferred on him by section 3 of the act read with orders of the government of india, ministry of agriculture (deptt. of food) no. g.s.r. 316(e) dated 20th of june ..... executive instruction relating to engagement on the post of panchayat shiksha mitra will not be governed by the provision made in section 6 of the general clauses act or section 8 of the bihar and orissa general clauses act. thus, the provision relating to engagement on the post of panchayat shiksha mitra being purely governed by executive instruction, ..... the relevant paragraphs are reproduced for convenience: 10. the government of bihar, in exercise of power conferred by article 243q of the constitution and by section 146 of the bihar panchayat raj act, 2006 framed the bihar panchayat elementary teacher (employment and service conditions) rules, 2006 (hereinafter referred to as the rules). under rule 3 of .....
Tag this Judgment!Court : Patna
..... in this appeal the appellant has not even whispered that the offending vehicle was not insured by the appellant. he has further submitted that a petition under section 140 of the mv act for grant of interim compensation of rs.25,000/- with interest was contested by the new india assurance company (appellant) and the learned tribunal after being ..... has been mentioned that the vehicle was insured with the new india assurance company limited at the time of accident and he also gave a letter addressed to the financer and requested him to give the policy of period which the accident took place. the letter of owner is at page 114 of the record of the tribunal. ..... owner of the offending vehicle and he accepted that his vehicle was insured with new india assurance company limited (appellant) and he assured that he would consult the financer and after getting the policy, he would give it to the branch office of the national insurance company limited, samastipur and he gave a letter addressed to the .....
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..... as narrated by the witnesses appears not supported by the medical evidence. 9. in that view of the matter, the conviction of appellant binod tiwary for an offence under section 323 of the ipc for assaulting godawari devi may not be sustained. but, again he is said to have assaulted the informant with lathi and two injuries were found by ..... p.w.6, in view of which evidence, he could very well be held guilty of committing offence under section 323 of the ipc. thus, what the court finds is that the conviction of the appellants may be partially bad as regards appellant binod tiwary as he was convicted ..... he was fencing his land near his house when appellant dinanath tiwary came and asked the reason for putting up the fence around the land and also objected to the act of fencing. the informant claimed that he was fencing his land and that ensued into a verbal dual between p.w.5 and appellant dinanath tiwary who went back to .....
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..... with an intent of endangering human life or causing danger to any property. the other most important aspect of the application of the provisions of sections 3 and 4 of the act is that the act of detonating an explosion has to be with a particular purpose, that is to say, that it should be with a purpose which is unlawful ..... so and that too at the house of one dr. rahman. the other witness p.w. 6 was tendering the sanction order passed by the district magistrate under section 7 of the act in evidence. the sanction order for prosecuting the three appellants was marked ext. 2. ram lal singh (p.w. 7) had identified the writings and signatures of ..... of suffering imprisonment in case of making default in payment of fine, appears passed only as part of the sentencing order in respect of conviction of the appellants under section 4 of the act. the appellants have chosen to challenge the impugned judgment of conviction and order of sentence through the present appeal. 2. binda yadav (p.w. 2) gave his .....
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..... made and it was suspected that the accused persons had committed the offence and after the complaint petition being filed, the same was sent to the police under section 156(3) of the code of criminal procedure for investigation and the same having been concluded, the charge-sheet was laid for trial of the accused persons, namely ..... complaint was filed by p.w. 3 sukai raut before the sub-divisional judicial magistrate, bagaha, copy of which was transmitted to lauria police station for investigation under section 153(3) of the code of criminal procedure. this was how the first information report of the case (ext. 1) was drawn up and the investigation was proceeded ..... in paragraph 8, was not only the architect of the whole prosecution story, but was also the chief financer of the prosecution of the accused persons. 5. this is the evidence upon which the learned trial court was acting upon to convict the three appellants. on a bare perusal and consideration of the evidence of the three witnesses .....
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..... a special officer is appointed or an administrator is appointed replacing the managing committee of the co-operative. 54. firstly when power is exercised under section 41(1) of the act, as it then stood, the special officer has to be a government servant and this power is exercised in cases where in respect of ..... 1331. the majority in the said case considered the relevant provisions of the three actscreating oil and natural gas commission, the life insurance corporation and the industrial finance corporation and following the test laid down in rajasthan electricity board case (supra) held that three organizations were state? within the meaning of article 12 ..... the apex court rejected this plea holding that vsnl as re-constituted or for that matter tata communication ltd., were not `state. there was no substantial finance or control of government in them. it was then contended thatthey were performing public functions i.e. offering telecommunication services. this was rejected on the ground .....
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..... tripartite agreement, the petitioners were entitled to their share in the built-up property, which was to be the consideration payable to them for building the property. their act of putting together finances and building the property on the land of the opposite party first set was not gratuitous nor intended to be so. even if the tripartite agreement was to be ..... treated as a clause independent would still subsist and be available, for which reference has been made to section 16(1)(a) and (b) of the act as well as the judgment of the apex court in case of m/s magma leasing and finance limited vrs. potluri madhavilata, since reported in (2009) 10 scc 103. it is further submitted on behalf of ..... to operate and will not stand expired and rescinded in any manner. that is the spirit of section 16(1)(a) and (b) of the act and this is what has been held by the apex court in the case of m/s magma leasing finance limited (supra). i can also refer to the case of m/s reva electric car co. (p .....
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..... order of the regulatory commission in case no.03 of 2013 is part of annexure-6 series and the order has been passed with reference to section-86 of the act which provides for function of regulatory commission. 13. the regulatory commission noted that it was not required to approve or disapprove the terms and conditions ..... and relating to generation, transmission, distribution, trading and use of electricity, made radical changes in the entire concepts. apparently, in conformity with the new act and in view of section-131 thereof, the erstwhile bihar state electricity board stood dissolved and it vested in the state government. in its place the state government formed, as per ..... there is some hidden agenda. i say this because apart from change of opinion nothing new is brought on record. people dealing with public finance and public rights are not expected to act in such a manner and merely raise the boggy of public interest. if public interest lay in three years experience, why was this .....
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..... akhilesh chandra oral judgment date:27. 08-2013 all these appellants, one each, have preferred 2 these appeals against their conviction and sentence for the offences under sections 395 and 397 of the indian penal code and sentenced to undergo rigorous imprisonment respectively for ten and seven years and appellants pramod kumar pandey and raju @ rajdeo ..... ram are further convicted under section 412 i.p.c. and sentenced to undergo rigorous imprisonment for ten years, all such sentences are to run concurrently as awarded on 31st august 2010 by ..... to identify the miscreants due to 8 lapse of time. in cross examination he failed to explain how and why two independent cases one under the arms act and another were instituted for the same offence. he further admits that it was rainy season and dark night. however, in spite of firing and cross firing .....
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