Court : Bihar State Consumer Disputes Redressal Commission SCDRC Patna
..... bills. the complainant yet, if aggrieved, should have sought relief by invoking provisions under section 7-b of the indian telegraph act for arbitration. but the complainant without exhausting the provisions under the indian telegraph act hastily rushed to the consumer court. the consumer redressal forums cannot adjudicate disputes in respect of inflated bills according ..... complainant filed affidavit sworn by shri rakesh kumar sinha and two other witnesses and his own affidavit in support of his complaint petition and also his amendment petition dated 1.6.1994. the opposite parties also filed affidavit sworn by the d.e.t., gaya supporting the contents of their written statement. ..... be sustained. the dispute in our opinion is not fit even to be sent for arbitration under section 7-b of indian telegraph act as there is no disputes between the parties concerning any telegraph line, appliance or apparatus. we are fortified by the decision of national commission in divisional engineer and anr. v. .....
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..... compensation for such damage or detriment under and in accordance with the indian telegraph act and indian electricity act. xi. (a) there is no fuhdamental right to property after repeal of articles 19(1)(f) and 31 of the constitution by 44th constitution amendment. now right to property is only a constitutional right as is ..... has restricted/deprived the petitioners from using it at their choice. but such restriction/deprivation is in accordance with law, i.e., the indian telegraph act and the indian electricity act. there is, thus, neither any violation of their right to property as contained in article 300a of the constitution, nor is there ..... governor of bihar, vide notification dated 16th, september, 1969, issued under section 51 of the indian electricity act, 1910, has conferred powers which the telegraph authorities possess under sections 10 to 19 (both inclusive) of the indian telegraph act, 1885, on dvc for the purpose of placing the electric supply lines, appliances and apparatus for .....
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..... state legislature. the logical conclusion would, therefore, be that assessments, collections, adjustments, reductions or consumptions made after 29th august, 2006 i.e. when the 2006 amending act came into force, were validated. in such circumstances, if we have to hold that the notifications issued prior to 29th august, 2006 were validate by sub- ..... not within the competence of the state legislature. by reason of such declaration, although the notifications published after coming into force of the 2001 and 2003 amending acts have not died their natural death, as was contended by the learned counsel for the petitioner, but certainly they became dormant. life in those notifications, ..... stainless limited (3) v. state of haryana and ors. reported in : (2006)7scc271 directed, amongst others, the parties whose challenge to the said amending acts were then pending before the hon'ble supreme court to place before this court the relevant datas in the writ petitions concerned with a direction upon this .....
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..... on 05.11.2003, whereas the bihar reservation of vacancies in posts and services for scheduled caste and scheduled tribe and other backward classes (amendment) act, 2003 (hereinafter to be referred to as 'bihar act, 2003' came into force with effect from 09.09.2003 and, therefore, the petitioners will be governed by the prospectus issued under the ..... a.a. calton (supra) the apex court held that since the proceeding of selection of principal of an intermediate college commenced prior to coming into force of the amendment, the same would not have any effect retrospectively on the said proceedings initiated under the old rules.20. admittedly, in this case the process of pgmat, 2003 ..... . in the case, of y.v. rangaiah, (supra) the apex court held :-- 'the vacancies which occur prior to the amended rules would be governed by the old rules and not by the amended rules. it is admittedly by counsel for both the parties that henceforth promotion to the post of sub-registrar grade ii will be according .....
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..... of the respondents.4. it is next urged that the bihar reservation of vacancies in posts and services( for scheduled castes, scheduled tribes and other backward classes) (amendment) act, 2003 was published in the gazette on 10.9.2003. the appointment of the petitioner pertains to an advertisement issued on 17.3.1998, prior to the promulgation ..... 3 and 4 with effect from 11th june, 1996.thereafter, the amendment act incorporates section 3 in the following language:3. amendment of section-4 of bihar act, 3, 1992 - the following third proviso shall be added to sub-section (2) of section-4 of the said act.provided further that the candidates residing out of the state of bihar ..... his performance as assessed vis-a-vis a general candidate.6. learned counsel for the state submitted from the amendment act itself that it had been made retrospective in its operation with effect from 11.6.1996 and that the act also saved action taken under executive instruction vide letter no. 70 dated 11.6.1996.7. the .....
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..... corporation, including those who became employees and agents of the corporation on the appointed day under this act.xxx xxx xxxxxx xxx xxx(2a) the regulations and other provisions as in force immediately before the commencement of the life insurance corporation (amendment) act, 1901, with respect to the terms and conditions of service of employees and agents of the ..... to apply the law laid down by the supreme court in a.v. nachane and m. venugopal. consequently, we hold that, in view of the amendments brought about in the central act by act 1 of 1981, read with the regulations, the industrial courts have no jurisdiction to deal with the disciplinary matters covered by the regulations. in the ..... our judgment. sentiment is a dangerous will of the wisp to take as a guide in the search for legal principles....' this judgment has been cited with approval by the indian courts in a large number of cases. for example, (i) : (2004) 2 s.c.c. 130 (teri oat estates (p) ltd. v. u.t. chandigarh and ors. .....
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..... petitioners case being pending before recovery officer, the said clause would be applicable. he also relied upon section 27 of the drt act, sub-sections (2) and (4) of which provided amendment and withdrawal of the said certificate and hence the scope of settlement has not yet vanished and the drt has authority under section 19(25 ..... are harmoniously considered, the petitioner would be fully entitled to avail the ots scheme of 2010 and certificate could have been amended accordingly. 9. learned counsel for the petitioner ..... ) of the drt act and rule 18 of the drt (procedure) rule, 1993. he, thus, submitted that if the scheme and the aforesaid provisions .....
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..... . no. 12155 of 2002 are as follows. on 30-3-1988 m/s sunil polyplast limited, a company incorporated under the indian companies act took a loan of rs. 90 lacs from the bicico. the petitioner was the managing , director and one shyam bihari mehrotra ..... of the loan was further secured by a guarantee jointly executed by petitioner no. 1 and one dr. ajay kumar, a non-resident indian (annexure-c). out of the sanctioned amount of rs. 90 lacs the bicico made disbursement of rs. 89.24 lacs to the ..... schedule-i relevant for the present is at serial no. 15 which was inserted in the act by an amendment made in the the year 1974. entry 15 in schedule-i to the act in so far as relevant for this case is as follows: ' 15. any money ..... stipulation though couched in such wide language was held not sufficient for the institution of a proceeding under the public demands recovery act in the absence of an agreement by the proceedee that the money would be recoverable as public demand and consequently the certificate .....
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..... materials by it which is covered by section 13(1) (e) inserted in the act by bihar finance amendment act, 1985 with effect from 1-8-1985. prayer has also been made for quashing the order of deputy commissioner of commercial taxes, pafna city, patna, respondent no. 3, ..... stand submitted that proviso to sub-section (1) of section 13 has been placed just after clause (d) and thereafter clause (e) has been added by the amendment of bihar act, 1985 and as such the notification issued under the proviso will not cover clause (e).16. the said submission has to be rejected for the simple reason that ..... the petitioner, a company registered under the indian companies act, 1956, has filed the present writ application for a direction to the respondents-authorities not to enforce notification s.o, no. 154 dated 28-1-1985 issued under proviso to section 13(1) of the bihar finance act (hereinafter referred to as the act) in relation to sale and purchase of packing .....
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..... the definition of 'tax on the sale or purchase of goods', inserted as clause (29a) of article 366 of the constitution of india by the forty-sixth amendment. according to the said provision, the sale means any transfer of property in goods for cash or deferred payment or other valuable consideration. the sale price has ..... he relied upon two decisions of the supreme court in commissioner of income-tax, andhra pradesh v. motor & general stores (p.) ltd. reported in : [1967]66itr692(sc) and indian steel & wire products ltd. v. state of madras, reported in : [1968]1scr479 . secondly, he submitted that the petitioner has given the trade quantitative discount, which is in ..... having its head office at mumbai and branches at different places including patna. it is engaged in manufacturing and sale of medicines. it is registered under the act and is paying sales tax. in the past, it claimed quantitative discount as trade discount and that had been allowed with respect to the previous assessment years, .....
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