Judgment Search Results Home > Cases Phrase: nagaland university act 1989 Court: patna Page 3 of about 176 results (0.030 seconds)

Baidyanath Prasad Singh and anr. Vs. Patna University and ors.

Court : Patna

..... the relevant provisions of law, circulars and letters, issued by the respondents from time to time, are taken into note, the following picture emerges :(i) in terms with section 35 of both the patna university act, 1976 and bihar state universities act, 1976, the pay and allowance of any post cannot be increased without prior permission of the state government. ..... also agreed upon, even by agreement, to make applicable the 2nd time bound promotion policy applicable with respect to non-teaching employees of the universities and their constituent colleges, which will be evident from agreement dated march 28, 1989, as well as the state government's letter no. ..... the court so as to assist the court on factual aspect.in this case, it is to be taken into note that earlier one agreement was reached between the state government and federation of non-teach ing employees of patna university on march 25, 1989, in which it was decided to provide second time bound promotion to the non-teaching employees of the university. ..... on march 25, 1989, the state government reached an agreement with patna university employees' association, wherein it was decided to provide benefit of 2nd time bound promotion to the non-teaching employees of universities and their constituent colleges, which agreement was circulated by patna university's letter no. ..... by notification dated august 29, 1989, juniors were granted such second time bound promotions to senior selection grade scale of assistant with effect from april .....

Dr. Awadh Kishore Prasad Yadav and ors. Vs. State of Bihar and ors.

Court : Patna

..... pro-vice-chancellor, dean student welfare, and proctor) and teachers of the universities and constituent colleges as prescribed in the patna university act, 1976 (bihar act 24 of 1976 and bihar state universities act, 1976 (bihar act 23 of 1976) and in respect of appointment/promotion of the said officers and teachers it shall discharge such functions as prescribed for the commission under the said acts and statutes made thereunder.3. ..... the university service commission gave its concurrence to his promotion as reader with effect from 24-2-1989 by order dated 7-9-1992, consequently, the patna university issued a notification promoting him to the post of reader with effect from 24-2-1989 on the basis of such concurrence of the commission vide letter ..... 2221/89 dated 16-6-1989 has been forwarded by the university in the matter of promotion concerning the subject ..... he was subsequently promoted as reader on provisional basis with effect from 4-9-1986 vide notification dated 5-9-1989 on the recommendation of screening committee in which two experts, nominated by the vice-chancellor, had participated along with other members of the screening ..... : [1989]1scr230 , it was an appeal before the supreme court which was directed against the judgment of the rajasthan high court, whereby the high court dismissed the writ petition of the appellant challenging the order of the dean of the faculty of engineering of the jodhpur university putting in abeyance the admission of the appellant in the b. .....

Dr. Ashok Kumar Sinha Vs. Patna University and ors.

Court : Patna

..... representation on 8.8.1997 for extension of his service and in answer to clause 6(17) of the university statute and section 7(3)(b) of the university act the petitioner's prayer was rejected and the services of the petitioner has been terminated. ..... the petitioner from the said university shall be taken and as the petitioner did not join or report for duty in the said university, the university authorities after, waiting for six months from the date by which he was asked to join the duty, terminated his services by letter dated 13.8.1996 from ..... been very much disputed and it has been stated in the counter affidavit that the university authorities did not grant extension of leave to the petitioner as the teaching was being hampered for shortage of teachers in english and the university asked the petitioner to join his post in patna university and the petitioner was also informed that failing which action to terminate the services of ..... from clause 9 of the statute, clause 18 of the statute which has been extracted above shows that even in the case of termination of temporary university servants apart from the case covered under clause (a), (b) and (c) of statute 18, such temporary servants cannot be terminated without full departmental proceedings as ..... was revised with retrospective effect from 1.2.1985 by an order dated 19.5.1989 issued under the signature of the registrar of the said university. .....

Shambhu Nath Roy Vs. State of Bihar and ors.

Court : Patna

..... it has been submitted that section 53 of the bihar state universities act, 1976 (in short, 'the universities act') provides for audit of the accounts of the college by a qualified accountant appointed ..... be appropriate to refer to provisions of section 60 of the universities act, dealing with the constitution of the governing body, as hereunder ..... of that writ petition that in view of the constraints on the exercise of the power in issuing any mandamus of that nature in writ jurisdiction as also the stand taken by the university that it has already recommended taking over of the college to the state government, he did not press the aforesaid reliefs. ..... be stated that in the instant case the process of election of the teacher-representative donor member and co-option which was directed to be completed by taking necessary steps, by the university under its impugned communication dated 27.4.1995, has been stalled by the interim order of this court dated 16.5.1995 in c.w.j.c. no. ..... according to the counsel, reading the two provisions together, it becomes clear, that while the accounts of the university can be audited by any auditor appointed by the auditor general, bihar, the accounts of the college can be audited only by a qualified accountant, that is to say, a chartered accountant, as ..... the petitioner, it shall appear that he was co-opted as a member of the governing body on 23.8.1989 'for another term', on which date itself he was also co-opted as the secretary of the governing body .....

Dr. Ram Narayan Singh and ors. Vs. the State of Bihar and ors.

Court : Patna

..... upgrading the post held by them to the post of professor.learned counsel for the respondents, however, submitted that under paragraph 18 of the appendix of the government of india's letter dated 28.2.1989 (annexure 6) flexible staff structure being admissible, the time bound promotees having been given the pay scale and designation of professor may be deemed to have been accommodated in the cadre of professor ..... appointed to the post of professor in physics of the allahabad university on the same date on 9.11.1984 and while the appellant was appointed by way, of direct recruitment and 4th and 5th respondents were appointed by promotion to grade of professor under the personal promotion scheme as provided under section 31-a of the uttar pradesh universities act, 1972. ..... on the recommendation of the bihar state university board and after due approval by the state government, the chancellor of the universities in the state of bihar, in the exercise of power under section 5(2) of the bihar inter university board, act, 1981 framed statute for time-bound promotion of lecturers to the posts of readers and promotion of readers to the posts of university professors and the said statute was circulated ..... 5(2) of the bihar inter university board act, 1981, time-bound promotion scheme has been introduced for promotion of the assistant professor to the post of associate professor and associate professor to the post of professor and the said scheme remained effective from 1.2.1985 to 28.2.1989. .....

The State of Bihar Vs. Baidyanath Prasad Singh and ors.

Court : Patna

..... , commissioner and secretary, higher education of the state of bihar is present in court, he submits that in principle, the state is committed to allow first time bound promotion and second time bound promotion in favour of the university's employees, for which already agreement has been signed, but certain time will be taken by the respondent-state of issuance of the proper notification relating to such grant of first time bound promotion and second time ..... a matter relating to finance the university has been obliged to have on its staff a financial adviser provided under section 12-a of the bihar state university act, 1976, hereinafter referred to as the act. ..... the court does not have the record to see the modalities which may have been adopted by the university in making payment against time bound promotions nor any material on record whether the state government approved the budget. ..... state government returns the budget to the university with such modification as it may deem fit and the university then is to obliged to act in conformity with such modified and approved budget ..... the stand of the state government is that the university took upon itself to provide these benefits and it did not have the power to do ..... record is sufficiently clear to show that at some stage part of the benefits had been provided by the university and this is apparently witnessed by a notification dated 20 february, 1991 (annexure 4) and notification dated 29 august 1989 (annexure 5) to the writ petition. .....

Chakradharpur Bidi and Tobacco Merchants' Association Vs. State of Bih ...

Court : Patna

..... university, muzaffarpur, wherein the question was regarding formation of ad hoc committee by dissolving the constituted governing body under the bihar universities act. ..... the same principle is not applicable in the present case as it has already been mentioned that the advisory body as constituted under section 9 of the minimum wages act has no functioning of quasi judicial nature and their recommendation/decision is not binding on the state government but the same remains only a recommendation and nothing more than that ..... rai bahadur kashinath singh, wherein the principle was enunciated that when legislature wants by statute to act a particular thing in a particular manner in deviation from that procedure would make the action invalid in the eye of law ..... further prayer has been made for quashing the notification dated 28.7.1989 contained in annexure-2 as issued by the state government in constituting the advisory board under section 7 of the minimum wages act on the allegation that the same had not been validly constituted so far as biri industry is concerned ..... contention of the petitioner is that as per section 9 of the act, independent members cannot exceed l/3rd of the total members. ..... thus, provision of section 9 of the act has been vitiated and hence the whole notification dated 21.12.1995 deciding the revision of minimum wages for the workers of ..... the counter-affidavit, it has been clarified that total members as envisaged under section 9 of the act consisting of whole body i.e. .....

Dineshwar Kumar, and anr. Vs. State of Bihar, and anr.

Court : Patna

..... of madhusudan rai, from the record, it appears that some information was gathered that he was in the habit of harbouring criminals, but in the present case, facts remains that student of allahabad university, while he had come to his native place during the pooja vacation was done to death by the police official particularly the petitioner no.2, which has come during the enquiry of the complaint ..... of mirganj police station and other accused whose name had not been furnished by the complainant, who had assisted the murder by showing police powers acting without jurisdiction and as such cognizance for the offence under sections 147, 148, 149 and 302 of the indian penal code was taken against the accused persons including ..... in complaint case no.1878 of 1998, whereby the learned magistrate took cognizance of offence under sections 147, 148, 149, 302 and 307 of the indian penal code and section 27 of the arms act and directed for summoning all the accused persons including petitioners.2. ..... application of prosecution sanction is concerned, on the facts and circumstances, i am of the opinion that at the moment, it cannot be considered that act alleged was squarely in relation to discharge of official ..... that at no stretch of imagination for such an occurrence, it can be said that petitioners' act was in relation to discharge of official ..... 1998 registered under sections 307, 353, 332, 333, 324, 216 a and 34 of the indian penal code as well as section 27 of the arms act against five accused persons .....

Ram Bilash Sah Vs. the State of Bihar and Others

Court : Patna

..... there is also no dispute that these statutes though framed under the provisions of bihar state universities act, 1960 are still in force because under the new act, namely, bihar state universities act, 1976, which has repealed the bihar state universities act, 1960, no fresh statutes for governing the service conditions of the employees of the affiliated ..... the other hand, has submitted that this writ petition itself is not maintainable because at the end of the day, the petitioner is an employee of a private institution which would only an affiliated college to the university and the employer of the petitioner is only the governing body/ad -hoc committee of the affiliated college in question, whose decision either in respect of dismissal of service of the petitioner on 07.01.1992 or the denial ..... this court, in fact, in view of the provisions made under the bihar state universities act, 1976 or the statutes framed thereunder, neither could nor had conferred jurisdiction on a director, higher education to go into the correctness of the order of termination of service of the petitioner ..... of the college on 03.04.1988 and his continuation in the college, against the post of laboratory technician, is also supported by the letter of the principal of the college dated 25.10.1989 and also by the another list prepared by the deputy development of commissioner, supaul in the year 1997. 4. ..... ; {air 1989 sc 1607} is based upon distinction between private rights and duties on the one side and .....

industrial Packers and Co. Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Patna

Reported in : (1995)52ITD1(Pat.)

..... counsel for the assessee conceded fairly that section 43b had been inserted by the finance act, 1983 with effect from 1-4-1984, but since section 29 was amended only with effect from 1-4-1989 to include section 43b, the only conclusion to be drawn was that section 43b could not be invoked for assessment year ..... it has been provided in the act itself that the amendment, although made by the finance act, 1989, will take effect retrospectively from ..... counsel for the assessee further submitted that the amendment in section 29 to include section 43b with effect from 1-4-1989 could not be made retrospective and in any case if two interpretations were possible, then the interpretation in favour of the assessee should ..... the due date for filing the return of income under section 139(1) of the income-tax act, 1961 was 30-6-1986 and it is an admitted position that the above outstanding amounts were paid after 30-6-1986.the assessee is, therefore, not saved by the first proviso below section 43b of the act, even if the first proviso is treated as clarificatory and operative from 1-4-1984, as held by the patna high court in the case of ..... , conclude that this substitution of "43a" by "43b" by the direct tax laws (amendment) act, 1987 w.e.f.1-4-1989 was only clarificatory and to bring it in line with the insertion of section 43b of the act w.e.f 1-4-1984. ..... the assessee submitted before us that "43b" was substituted for "43a" by the direct tax laws (amendment) act, 1987 with effect from 1-4-1989 only. .....