Court : Jharkhand
..... of the fire services. since the fire services had been specially established under an act of the legislature and the govern- ment, in pursuance of the power conferred upon it under that act, has already made service rules, any amendment in the karnataka civil services (general recruitment) rules, 1977 would not affect the spe ..... that the rules promulgated under proviso to article 309 of the constitution of india, cannot override the provisions of the rules promulgated under the provisions of the act enacted by the legislature and, accordingly, learned sr. counsel has also challenged promulgation of the subsequent rules.10. it is further submitted by learned sr ..... alternatively, learned sr. counsel argued that the 2002 rules were promulgated by the state government exercising the powers under section 90 of the jharkhand panchayati raj act, 2001, whereas 2015 rules have been promulgated in exercise of the powers under proviso to article 309 of the constitution of india by the governor of .....
Tag this Judgment!Court : Jharkhand
..... of the fire services. since the fire services had been specially established under an act of the legislature and the govern- ment, in pursuance of the power conferred upon it under that act, has already made service rules, any amendment in the karnataka civil services (general recruitment) rules, 1977 would not affect the spe ..... that the rules promulgated under proviso to article 309 of the constitution of india, cannot override the provisions of the rules promulgated under the provisions of the act enacted by the legislature and, accordingly, learned sr. counsel has also challenged promulgation of the subsequent rules.10. it is further submitted by learned sr ..... alternatively, learned sr. counsel argued that the 2002 rules were promulgated by the state government exercising the powers under section 90 of the jharkhand panchayati raj act, 2001, whereas 2015 rules have been promulgated in exercise of the powers under proviso to article 309 of the constitution of india by the governor of .....
Tag this Judgment!Court : Jharkhand
..... of the fire services. since the fire services had been specially established under an act of the legislature and the govern- ment, in pursuance of the power conferred upon it under that act, has already made service rules, any amendment in the karnataka civil services (general recruitment) rules, 1977 would not affect the spe ..... that the rules promulgated under proviso to article 309 of the constitution of india, cannot override the provisions of the rules promulgated under the provisions of the act enacted by the legislature and, accordingly, learned sr. counsel has also challenged promulgation of the subsequent rules.10. it is further submitted by learned sr ..... alternatively, learned sr. counsel argued that the 2002 rules were promulgated by the state government exercising the powers under section 90 of the jharkhand panchayati raj act, 2001, whereas 2015 rules have been promulgated in exercise of the powers under proviso to article 309 of the constitution of india by the governor of .....
Tag this Judgment!Court : Jharkhand
..... of the fire services. since the fire services had been specially established under an act of the legislature and the govern- ment, in pursuance of the power conferred upon it under that act, has already made service rules, any amendment in the karnataka civil services (general recruitment) rules, 1977 would not affect the spe ..... that the rules promulgated under proviso to article 309 of the constitution of india, cannot override the provisions of the rules promulgated under the provisions of the act enacted by the legislature and, accordingly, learned sr. counsel has also challenged promulgation of the subsequent rules.10. it is further submitted by learned sr ..... alternatively, learned sr. counsel argued that the 2002 rules were promulgated by the state government exercising the powers under section 90 of the jharkhand panchayati raj act, 2001, whereas 2015 rules have been promulgated in exercise of the powers under proviso to article 309 of the constitution of india by the governor of .....
Tag this Judgment!Court : Jharkhand
..... the part of the parties. learned advocate general has also not doubted the power available under section 24 of the bihar and orissa general clauses act, 1917 to the authority to add, to amend, vary or rescind any such notifications, orders, schemes, rules, etc. considered the submissions of the parties and the relevant material facts pleaded and ..... made or issued. the order of the deputy commissioner under section 49(3) being -5- exercise of an executive power under the cnt act, 1908, includes within it the power to add, to amend, vary or rescind any such orders in like manner and with conditions (if any) of course subject to the overriding conditions contained in ..... a quasi judicial power. section 24 of the bihar and orissa general clauses act, 1917 reads as under :- 24. power to make to include power to add, to amend vary or rescind, orders, rules or bye-laws.-- where, by any bihar and orissa act [or bihar act], a power to make or issue notifications, orders, schemes, rules, bye-laws .....
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..... the executive under article 309 of the constitution of india. this rule had been framed without touching, altering or amending the existing rule framed by the 12 state government under section 39 of the fire force act,1964 which prescribed the qualifying examination as a condition precedent for promotion. in this context the hon'ble supreme ..... made under section 39 of the fire force act, 1964 as the act of the legislature would have precedence over any rule made by the executive under ..... court has held that amendment in the general recruitment rules would not have the effect of displacing or altering the rules .....
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..... the purview of the authority concerned. with respect to the resolution dated 15.01.1999, learned counsel for the respondents has submitted that the said substitution/amendment/modification does not close the door for eligible persons as only certain conditions have to be fulfilled in order to derive the benefits under the accident compensation ..... instant death. a case being chandil p.s. case no. 83 of 2003 was registered for the offences punishable under sections 279, 304a, 427 of the indian penal code. since it was the case of the petitioner that her husband died in course of and during employment as he was assigned to do -2- ..... , learned counsel appearing for the petitioner has submitted that the accident compensation scheme, 1988 was initially a beneficiary scheme in consonance with the workmen's compensation act but subsequently the eligible criteria has been made stringent by imposing several conditions which in effect basically frustrates the purpose of the scheme. it has further been .....
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..... to adjudicate the application preferred by the petitioner with respect to section 15 of the sc & st (prevention of atrocities) act.3. in i. a. no. 524 of 2016 which is by way of an amendment application by seeking some more reliefs in the main writ application, the prayers which have been made are for quashing of the ..... respect to the order dated 12.01.2016 by which the application preferred by the petitioner under section 294 of i.p.c. had been rejected.14. the amendment which has been sought for by the petitioner is interconnected and intertwined with the main prayer made in the instant application and accordingly the same is allowed.15. i ..... government dated 29.12.2015 had apart from appointing mr. sanjeev kumar sinha as a special public prosecutor under section 15 of the sc & st (prevention of atrocities) act also cancelled/rescinded the earlier notification vide memo no. 3106 dated 22.07.2013. in such circumstances therefore, the notification contained in memo no. 3106 dated 22.07. .....
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..... no.4) but actually the petitioner was appointed by the respondent no.2. therefore, under rule 26(4) of the central industrial security force rule 2001 (amended rule 2003) has not been complied with therefore, the impugned order cannot be legally sustainable. learned counsel for the petitioner further submits that the penalty imposed upon ..... and the case was compromised but the instant case, the criminal case was registered against the petitioner under sections 143, 341, 323 and 325 of the indian penal code fetches punishment upto seven years imprisonment. the petitioner was working in a disciplinary force. when there is a specific information sought from the candidate ..... by misrepresenting the facts or by playing fraud upon the competent authority, such an order cannot be sustained in the eye of the law. fraud avoids all judicial acts, ecclesiastical or temporal. (vide s.p. chengalvaraya naidu v. jagannath.) in lazarus estates ltd. v. beasley the court observed without equivocation that: (qb p .....
Tag this Judgment!Court : Jharkhand
..... superannuation for the teaching staff and non-teaching staff is not only legal, but is also within the legislative competence to make necessary amendments in jharkhand state universities act, 2000 and such action is neither unreasonable nor arbitrary. the teaching and non-teaching staff invariably hold two different types of service. ..... management:- the board of management shall exercise the following powers and shall perform the following duties, namely:- (a) frame, amend and repeal the statute/regulations in the manner prescribed under this act; (b) review and consider the financial requirements and estimates for a university and approve its budget; 10 (c) approve ..... other powers and perform such other duties not inconsistent with the provisions of the act of statutes as may be necessary for carrying out the purposes of this act; (r) frame, amend, repeal the rules consistent with the provisions of this act, statutes and the regulations. section 19: officers of the university:- the following .....
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