Court : Patna
..... 03.09.2007 and in the second case, it was rs. 29,27,400/- vide fdr dated 03.09.2007. the tender and the document, inter alia, contained chapter 3, clause 34 which provided for price variation. clause 34(a) are general conditions for price variations and clause 34(c) stipulates ceiling on price variation. clause 34(c ..... which would be fair, just and equitable. it is submitted that railways, even in contractual matters, is subject to article 14 of the constitution of india and must act fairly and reasonably and not like a common person entering into contracts for profits. it is submitted that payment of difference of price due to escalation, which escalation is ..... is dealing with the public, whether by way of giving jobs or entering into contracts or issuing quotas or licences or granting other forms of largess, the government cannot act arbitrarily at its sweet will and, like a private individual, deal with any person it pleases, but its action must be in conformity with standard or norm which .....
Tag this Judgment!Court : Patna
..... as 'the code' for the sake of brevity) against order dated 21 -9-2000 by which the learned subordinate judge 1, nalanda dismissed miscellaneous case no. 25 of 1990 (13/1994) filed by the petitioners for setting aside auction sale of the said properties and also for: stay of further proceeding relating to delivery of possession in execution case no. 11 ..... called on for hearing, the court may make an order that the appeal be dismissed!' an explanation has been added to sub-rule (1) of rule 17 by the amending act of 1976 providing that nothing in the sub-rule shall' be construed as empowering the court to, dismiss the appeal on the merits. thus, it is quite apparent that as .....
Tag this Judgment!Court : Patna
..... and no activity worth noting was being carried out.3. in the above background a notice under sections 29 and 30 of the state finance corporation's act 1951 (hereinafter referred to as sfc act) dated 22.2.1994 contained in annexure 20 came to be issued against the petitioner. the notice lays down the complete narration of events as well as the ..... to the unit and ultimately when the unit failed to pay back the installments, the authority had to invoke the power under sections 29 and 30 of the sfc act.10. there is substantial material in support of the stand taken by the respondent corporation. no doubt many explanations have been sought to be offered by the petitioner for ..... had been of no avail. to protect the interest of the corporation the notice came to be issued.4. petitioner has challenged the notice under section 29 of sfc act and seeks its quashing and also wants a direction upon the respondent canara bank to release the margin money which was sanctioned in favour of the unit by the .....
Tag this Judgment!Court : Patna
..... only requirement for enhancement of seats. he further submits that a course on self-financing basis does not need any financial assistance from the state government or the university and, therefore, the provision of section 35 of the act is not attracted. he also submits that sanction of the state government was conveyed ..... context: 3. learned single judge and the division bench were absolutely right in applying the decision of this court in state of punjab v. renuka singla air 1994 sc 59 (para 8) and state of maharastra v. vikas sahebrao roundale : [1992]3scr792 and in declaring that this admission was illegal. the relevant passages ..... of the above said judgments are as follows: state of punjab v. renuka singla air 1994 sc 59the admission in medical course throughout india is governed by different statutory provisions including regulations framed under different acts. during last several years efforts have been made to regulate the admissions to the different medical institutions .....
Tag this Judgment!Court : Patna
..... unit means only such unit which manufactured goods for sale, and for this purpose, meaning of 'manufacture' will be same as defined under chapter-i of the bihar finance act, 1981 (part-1 of the bihar act 5 of 1981);2. this facility will only be applicable to the following industries described under the category of 'thrust industries' under clause- ..... . no. 479 dated 22-12-1995 - in exercise of power conferred by the clause (b) of sub-section (3) of section 7 of the bihar finance act, 1981 (bihar act-5 of 1981) part-i, the governor of bihar is pleased to specify that such new industrial units which commerce their production between 1-9-1995 to 31 ..... the unit is situated;(2)(a) the concerned circle in-charge will cause an enquiry on the facts mentioned in the application under the relevant provisions of the bihar finance act, 1981;(b) the concerned circle incharge either himself or through other competent authority will cause local inspection & enquiry made as he thinks fit & necessary;(c) the .....
Tag this Judgment!Court : Patna
..... an independent body or agency in order that it may infuse confidence and make people believe that the misdeeds complained of in this case constitute an isolated chapter and a thing of past.(xii) since we have accepted the cbi report we direct that necessary prosecutions be launched early against all concerned however high ..... limited competitive examination) rules 1991 (hereinafter referred to as the rules) (annexure a, at page 79), published in the bihar gazette, dated patna 19 january 1994, part ii. in substance it provides that upto maximum of 25% of class ii posts filled up by the direct competitive examination held by bpsc, shall be ..... selection board. in view of the allegations of fraud, nepotism favouritism and arbitrariness, the supreme court handed it over to cbi for investigation. cbi report revealed acts of favouritism, selection without interview as also on the basis of fake or ghost interviews, tampering with final records, fabrication of documents, forgery, keeping the selection .....
Tag this Judgment!Court : Patna
..... application.13. from a bare perusal of rule 189 it would be clear that filing of an application for pension is a condition precedent for grant of pension as under chapter x of bihar pension rules under the heading application for and grant of pensions a complete procedure has been laid down. such intention of the framer of bihar pension rules ..... of his suspension of four months and seven days (9.5.1980 to 16.9.1980). the writ petitioner had never assailed the order of his punishment dated 23.8.1994 and therefore, if that order stands the authorities are justified in not paying the payment of salary for the period of suspension as it is well settled that payment of .....
Tag this Judgment!Court : Patna
..... directed the petitioner to submit detailed list of trees, poles and transformers etc. which are along the road. this was necessitated because of the special conditions contained in chapter 6 of the tender and in particular clause 6.4.2 which reads as follows:the responsibility of removal of utilities & encroachments etc. which come in the way ..... . in my view, it is too late in the day to suggest that state whether in entering into contracts, settling largess or terminating contracts is free to act just like an individual uncontrolled by or unhindered by the requirements of fairness and reasonableness, as enshrined in article 14 of the constitution. in my view, state ..... dealing with the public, whether by way of giving jobs or entering into contracts or issuing quotas or licences or granting other forms of largess, the government cannot act arbitrarily at its sweet will and, like a private individual, deal with any person it pleases, but its action must be in conformity with standard or norm .....
Tag this Judgment!Court : Patna
..... a catena of judgments of the supreme court clearly lay down the law that though an undertaking may be treated as state for the purpose of article 12 and chapter iii of the constitution of india but such undertaking of a state cannot be treated as a department or property of the state for other purposes. his submission ..... by the learned single judge on this issue would show that the judgment of the apex court in the case of morgan stanley mutual fund v. kartick das : (1994)4scc225 and paragraph-83 from halsbury's laws of england, fourth edition, volume-7 page-55, support the contention of the appellant that so far as india is concerned ..... kishore kumar mandal, jj.1. this letters patent appeal has been preferred by tenughat vidyut nigam limited (hereinafter referred to as 'tvnl') a company incorporated under companies act, 1956 having its registered office at vidyut bhawan campus, baily road in the town of patna, through its secretary against judgment of learned single judge dated 21.6.2004 .....
Tag this Judgment!Court : Patna
..... meanings and connotations in context of contract work assigned by the government of bihar and a perusal of some of the provisions like rules 413 to 420 in chapter-5 ofvolume-1 of bihar treasury code would show that on account of running bills there is provision for advance payment which may be a secured advance or ..... punishment of censure and stoppage of three increments with cumulative effect. the said order was challenged by the appellant/ petitioner through c.w.j.c. no. 942/1994. that writ petition was disposed of by order dated march 23, 1995 whereby this court did not interfere with the punishment of censure but quashed the other punishment ..... not adequate or certain demands were not met by the authorities, it is incumbent upon the employee to show that he has been prejudiced by the alleged unfair act. however, where the proceedings are governed by the statutory provisions such as rules, the scope of natural justice has to be appreciated in the background of relevant statutory .....
Tag this Judgment!