Court : Patna
Decided on : Jan-20-2014
..... limited. 4. the facts are not in dispute. the electricity act, 2003 (hereinafter in brevity 'act') and its subsequent amendments which repealed the indian electricity act, 2010, the electricity (supply) act, 1948 and the electricity regulatory commission act, 1998, while consolidating the law governing 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 ..... intending to move or had moved the bihar electricity regulatory commission (hereinafter in brevity 'regulatory commission') seeking permission to amend the bid document (rfp). petitioner company represented both to the regulatory commission and the power holding company that while .....
Tag this Judgment!Court : Patna
Decided on : Feb-07-2014
..... writ petition was not maintainable still granted some relief. it was urged before the apex court that the corporation was a company incorporated under the provision of the indian companies act. 56% of the share holding was of union of india and 32% was that of government of andhra pradesh. only 12% was of public. the apex ..... contributed by the state government and the financial institutions controlled and belonging to the government of india on the security and undertaking of the state government, that the amendments introduced to the memorandum of association in the year 1994 introducing arts. 5-a and5-b, entrusts the appellant-company with important public duties obligating to undertake, ..... not interfering with judgment and order dated 04.02.2010 passed in c.w.j.c. no. 12878 of 2003, but later the memorandum of appeal was amended substantively challenging the judgment and order dated 04.02.2010 as passed in the writ petition. after condoning the delay in course of hearing at the stage of .....
Tag this Judgment!Court : Patna
Decided on : Apr-22-2014
..... substantial compliance with section 42 or not is a question of fact to be decided in each case. the above position got strengthened with the amendment to section 42 by act 9 of 2001.? 23. because of the fact that due to non-compliance of mandatory provision of law, the trial has become spiteful and on ..... of raid as well as manner whereunder appellant was apprehended. then it has been submitted that during conduction of trial, the prosecution had flouted mandatory provision of ndps act as a consequence thereof, the conviction and sentence recorded by the learned lower court happens to be unjustifiable. 5. at the other hand, the learned additional ..... shall, as soon as may be, allow the application. (4) notwithstanding anything contained in the indian evidence act, 1872 (1 of 1872) or the code of criminal procedure, 1973 (2 of 1974), every court trying an offence under this act, shall treat the inventory, the photographs of narcotic drugs or psychotropic substances and any list of samples .....
Tag this Judgment!Court : Patna
Decided on : Apr-23-2014
..... passed immediately before 3 p.m. on the date fixed for filing nomination would be valid. the very fact that sub-section (3) of section 23 of the 1950 act prohibits any amendment, transposition or deletion of any entry after the last date for making nominations for an election in that constituency is a pointer to the fact that till 3 p ..... the last date for making nomination and whether that question can be gone into by the court when trying an election petition. section 23(3) of the 1950 act provides that no amendment, transposition or deletion of any entry in the voter-list shall be made under section 22 and that no direction for the inclusion of a name in the ..... of the said representation sri singh stated that from perusal of part 29 of the copy of voter-list of 02-gaya graduate constituency given to the representative of the indian national congress party, it would appear that name of the voter has not been mentioned from serial no. 1 to 237 of nawanagar block in buxar district. in the .....
Tag this Judgment!Court : Patna
Decided on : May-14-2014
..... difficult to conclude that the division bench judgment of this court in the case of ram chandra pansari (supra) has been rendered without the benefit of having noticed the amending act 36 of 1987, the judgment of the supreme court in the case of wassan singh, radha kishan, shyam lal sharma, state of kerala vs. alasserry mohammed etc. ..... in respect of the commodity. it is, therefore, evident that division bench in the case of ram chandra pansari (supra) could not notice the amending act 36 of 1987 whereunder offence under the act is made cognizable as also the supreme court judgments noted above in the case of wassan singh, radha kishan, shyamlal sharma, state of kerala vs. ..... kishan vs. state of u.p.). the supreme court dealing with the issue of illegal search and seizure in context with an offence under section 52 of the indian post office act, 1898 held as follows: 5 ..so far as the alleged illegality of the search is concerned it is sufficient to say that even assuming that the search .....
Tag this Judgment!Court : Patna
Decided on : May-15-2014
..... of the 2006 rules which is statutory in nature, it would be clear that the necessity for appointment of panchayat teacher was in view of the amendment in the constitution of india under article 21a for providing free and compulsory education to the children in the age group of six to fourteen years by ..... ignore extraneous consideration, prejudices and predilections and to bring an objective judgment on an issue before him.? (underlining for emhpasis) thus, neither english law nor indian law nor the patna high court rules nor even any precedent can come to rescue mr. giri as with regard to honble the chief justice ..... previous judicial decisions; (7) extra-curricular utterances (whether in textbooks, lecturers, speeches, articles, interviews, reports or responses to consultation papers); (8) previous receipt of instructions to act for or against any party or solicitor or advocate engaged in a case before him; (9) membership of the same circuit, local law societies or chambers. (c) factors .....
Tag this Judgment!Court : Patna
Decided on : May-16-2014
..... undergo rigorous imprisonment for a period of three years each. similalry, the appellant sipahi koeri has also been convicted for offence under section 323 of the indian penal code and sentenced to undergo rigorous imprisonment for one year. all the appellants however in view of committing their respective offence in course of same transaction ..... trial no. 270/61 of 1978/1985, whereby and whereunder, the appellant ram sanehi mishra and basgit koeri have been convicted under section 302 of the indian penal code for committing offence of murder of baliram mishra while the remaining appellants, namely, raja mishra, gobardhan koeri, aliyar koeri and sipahi koeri were convicted ..... the form of injured eyewitness claiming not only the presence of appellant ram saehi mishra at the place of occurrence but also ascribing him with specific overt act cannot be disbelieved. 59. thus, the presence of the appellant ram sanehi mishra at the place of occurrence and his participation in the occurrence upon .....
Tag this Judgment!Court : Patna
Decided on : Jun-05-2014
..... he is interested in appointment of vice chancellors and pro vice chancellors as per the provisions as enshrined in section 10 and 12 of the amended act and also wants that no dispute should come in future after the appointment is made so that the education may not suffer in the universities ..... other than the chairman have to be either a director or head of an institute or organization of national repute, such as indian institute of technology, indian institute of science, indian space research organization, national law university or national research laboratory or vice chancellor of a statutory university nominated by the chancellor as ..... education and shall be the chairman. (b) the director of head of an institute or organization of national repute, such as, indian institute of technology, indian institute of science, indian space research organization, national law university or national research laboratory or vice-chancellor of a statutory university nominated by the chancellor as member. .....
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