Court : Patna
..... is entitled to be declared as returned candidate from the assembly constituency concerned?6. to what relief or reliefs, the election petitioner is entitled?5. subsequently, an amendment petitioner was filed which was considered and after hearing both the parties, the same was allowed by order dated 8th october, 1996. against this order, the respondent ..... was in the district of bhagalpur of which the sub-divisional officer, kahalgaon happened to be the returning officer. the petitioner happened to be the official candidate of indian national congress. the symbol allotted to the petitioner was 'panja'; whereas the symbol allotted to respondent no. 1 sri ambika prasad was 'bali and hasia'. ..... strain followed in paragraphs 5, 6 and 7 of the election petition. a separate petition on substantially like lines under section 100 of the r.p. act 1951 was filed giving graphic descriptions of the great speed of the counting, of the purposeful 'mistakes' in the number of votes which were not signed .....
Tag this Judgment!Court : Patna
..... the imposition of ccess on eduction by the state legislature. entry 25 which was substituted in list iii of the viith scheduled by the constitution (42nd amendment) act, 1976 (w.e.f. 3,1977 empowered the state to legislate on education, including technical education, medical education and universities, subject to the provisions of entries ..... with the constitutional provisions and the state government possessed the legislative competence for making such an imposition. learned counsel further submitted that prior to the 42nd constitutional amendment, w.e.f. 3.1.1917, there was no entry either in list ii or iii of the viith schedule to the constitution which could justify ..... copy of this letter was brought on record as annexure 'f' to the counter- affidavit filed on behalf of the corporation and thereafter the petitioners filed an amendment petition bringing it on record as annexure-7 and making a prayer to be allowed to challenge it in place of the notice dated 6.6.1992.7 .....
Tag this Judgment!Court : Patna
..... court had occasion to consider the provisions of the preventive detention (amendment) act, 1951 which amended the prevention of detention act, 1950 and continued the operation of the parent act till 31.3.52. under the provisions of the act, by reason of the amendment, where detention orders were in force on the date of amendment of the act, the person detained could be detained for a period longer ..... advisory board reported that there were sufficient grounds for detention within ten weeks from the commencement of the amendment act. the act amended did not in express terms prescribe any maximum period of detention. in these circumstances the court held that by extending the duration of the old act till 1.4.52, an overall time limit was fixed beyond which preventive detention under the .....
Tag this Judgment!Court : Patna
..... the general category. it was also set aside on the ground that the secretary of the personnel and administrative reforms department was not the competent authority to amend/alter the resolution of the governor of bihar (annexure-7 thereto). consequently the state government was directed to issue letters of appointment to the petitioners therein and ..... public service commission (hereinafter referred to as the 'commission'), with effect from 1.3.1992. during the pendency of the present proceedings, the ordinance was replaced by act no. 3 of 1992 (annexure 1/a). on the heels of it came the letter dated 12.8.1992 (annexure-11 = annexure-b), of the state ..... government issued executive instructions dated 7.1.1991 (annexure-7), being the pre-cursor of the later ordinance which, in its turn, was converted into an act of the state legislature, and is the subject matter of adjudication in the present proceedings, whereby it was in substance notified that those of the reserved category candidates .....
Tag this Judgment!Court : Patna
..... (1) scc 47, promotees were appointed to temporary posts outside their quota while direct recruits were appointed to their cadre posts within their quota. the rules were amended and the temporary posts which were treated as outside the cadre thus formed part of the cadre and seniority also was determined on the basis of length of continuous ..... i, were, not similarly placed as that of the holders of the said service. the court at the same time held that once they are absorbed in the indian railway service of engineers, they would be entitled not to be treated differently thereafter and their seniority would be reckoned from the date of their absorption. again this ..... v. union of india reported in : [1996]3scr322 , the hon'ble supreme court found as a fact that under the banking companies (acquisition and transfer of undertakings) act, 1980, the new bank of india which incurred heavy losses was taken over and then amalgamated with the punjab national bank. in terms of the scheme under which such .....
Tag this Judgment!Court : Patna
..... '. the court observed that the words 'which do not involve any public policy' were rather vague. the court, therefore, observed that the state government should amend the order so as to provide that those cases which involved economic offences, or offences against women or children, may be excepted from the general order of ..... a charge-sheet against the petitioner. the chief judicial magistrate, patna, took cognizance of the offences under sections 341, 323, 324, 448 and 375 of the indian penal code on 31.8.1984. the petitioner was granted anticipatory bail by this court by order dated 12th july, 1984, whereafter the petitioner appeared before the magistrate ..... records, and of filing an application or his own, leaves no room for doubt that the government decision did not envisage that the public prosecutors shall not act in accordance with the provision of section 321 cr.p.c. obviously, therefore, they were required to exercise their executive function of withdrawing from prosecution after .....
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..... of article 3 of the statute of the retirement benefit in an unequivocal terms state that the employees who do not exercised their option within the period prescribed under amended rules shall be deemed to have opted in the scheme set out in appendix-a. considering this deeming previsions all teaching and non teaching employees have come under ..... also prayed for issuance of an appropriate writ commanding the respondent university to pay the post-retiral benefits of the petitioners i.e. pension, gratuity as per the amended statute and leave encashment treating them to have opted under appendix-a of article 1 of the statute enacted for the grant of retiral benefits to the employees of ..... the employees of the universities of bihar was framed and approved by the chancellor in terms of the provisions of the bihar state university act and it came into force on 18.11.1980. this statute was amended on 25.11.1932 vide letter no. bsu/52/80/2138gs (1) issued from the office of the chancellor.4. article .....
Tag this Judgment!Court : Patna
..... union of india 2001 (2) bljr 1313 : 2001 (4) pur 678.3. the case of the petitioner is as follows. late karambir prasad was havildar in the indian army from where he took retirement under the voluntary retirement scheme on 1.3.1983. he thereafter joined the allahabad bank as armed security guard where he died while in ..... of the rajasthan high court at the jaipur bench.(emphasis added)7. in oil & natural gas commission v. utpal kumar basu (supra) engineers india limited (eil) acting as consultants for ongc issued an advertisement in the leading newspaper of the country inviting tenders for setting up of a kerosene recovery processing unit at ongc's hazira complex ..... of the case of action had arisen within its jurisdiction. the decision was followed in subsequent cases. by the 15th amendment, clause (1-a) was inserted in article 226 introducing the cause of action clause. later, by the 42nd amendment, clause (1-a) was renumbered as clause (2) and it would be appropriate to notice the same as .....
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..... several years, some minor deviations have to be permitted of necessity, so that the regulations are substantially complied with. the division bench, therefore, concluded that amendment to regulation 7(4) does not touch the core question regarding preparation of the select list for each year.57. in that view of the matter ..... for selection without interview, fake and ghost interviews, tampering with the final records, fabricating documents, forgery? each of this would attract the penal provisions of indian penal code. they have been done with impunity.18. the story does not end here. from out of the 'selection list' secret communications have been sent ..... 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 .....
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..... the main statute to streamline and regulate the secondary education in the state of bihar and in exercise of the powers under sections 9 and 15 of the act, certain amendments have been introduced from time to time by the state government laying down the service conditions and mode of transfer of the teaching as well as non-teaching ..... judicial scrutiny. but, it would be the bounden duty of the court to see as to whether there is clash/conflict in between the provisions of the act and the amended rules and further according to heydon's principle, a well recognised mode to interpret an enactment, the court must see as to what was the law before ..... the apex court held as follows :'the proper construction of a legislative provision as regards rules or regulations made under an act having effect as if enacted in the act fell to be considered in several english and indian decisions and from one of these the earliest case in which the question appears to have been considered-mr. pathak sought .....
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