Court : Patna
..... after dismissal of the execution case vide first order dated 3.10.1996 the decree-holder mala fide managed to get the said order penned through and recording of the another order of the same date later behind the back of the petitioners without even there being any formal petition either for recall of the first order dated 3.10.1996 or for restoration of the execution case, so that the execution case is transferred to the tribunal under section 31 of the act. ..... learned counsel for the petitioners contended that the records would reveal that transfer of execution case to tribunal itself was bad in law and the entire proceedings before the tribunal and the recovery officer are vitiated for want of jurisdiction which goes to the root of the matter and in the facts and circumstances of the present case the petitioners have rightly availed their remedy before this court under article 226 of the constitution of ..... the said report of the district judge is also placed on record, perusal whereof shows that the present subordinate judge iii inquired into the matter and had taken out the relevant dates from the order sheet of the records of the present execution case after it has been transferred to his court so as to compare with the court diary and its appears that except 28.1.1997 and 16.4.1998 none of other dates are available in the ..... subsequently, the petitioner filed interlocutory application seeking amendment for issuance of a writ of certiorari quashing the order dated 13.1.2004 passed .....
Tag this Judgment!Court : Patna
..... i have already pointed out that the trial procedure is differently contained both in the act and in the rules and the procedure for adjudicating an application under section 13 of the act has differently been charted out by laying down provisions of chapter iii of the act as also the relevant rules framed in that behalf. ..... it appears reasonable more so to do inasmuch as the proceedings of adjudicating the petition under section 13 of the act by an the order under section 15 of the act, is not a trial as it used to be earlier under the criminal law (amendment) ordinance, 1944 and prior to coming into force of the present act of 2010. ..... the lust both for glittering gold and securing luxurious life allured the public servants, who were mainly bureaucrats and politicians, either to ignore or to breach rules of conduct of official business as also the norms of their own conduct as public servants so as to indulging into misappropriation of public fund and corruption in grant of contracts or in execution of the schemes. ..... judgeship cases in respect of offences under prevention of corruption act, 1988 2010 2009 2008 2007 2006 2005 2004 2003 2002 2001 before200 2 000 muzaffarpur 1352 92 102 231 102 48 54 26 18 17 7 9 646 patna 1570 109 145 128 164 139 59 52 44 41 26 38 625 31. ..... 544494 dated 17.1.1996 and 544964 dated 23.1.1996 were sent does speak of gifting a consolidated amount of rs. .....
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..... , air 2004 sc 2107, while considering the provisions of section 163a of the act, and the second schedule their lordships of the supreme court after considering the earlier decision finally held that since the provisions of section 163a being the social security provisions, the benefit of which is available only to those ..... act, or in any other law for the time being in force or instrument having the force of law, the owner of the motor vehicle or the authorized insurer shall be liable to pay in the case of death or permanent disablement due to accident arising out of the use of motor vehicle, compensation as indicated in the second schedule, to the legal heirs or the victim, as the case may be,(2) in any claim for compensation under sub-section (1), the claimant shall not be required to plead or establish that the death or permanent disablement in respect of which the ..... the learned counsel also submitted that despite the specific provision in section 163a that the central government may, keeping in view the cost of living, by notification in official gazette from time to time amend the schedule, ..... 1996) 4 scc 362 and their lordships held that calculation of compensation and the amount-worked out in the second schedule suffers from several defects, their lordships observed :'we must at once point out that the calculation of compensation and the amount worked out in the ..... determined in terms of chapter xii of the act.18. ..... iii) whether the accident took place on 22.9.2002 as alleged in the .....
Tag this Judgment!Court : Patna
..... the following subjects are contained in all the three enactments, and can be seen from a chart study below :subject pmc act b&om; act brda act 1951 1922 1981public roads chapter xvi: chapter v: chapter v:& streets sections sections section 256 to 271 164 to 185 85a chapter xvii : sections 271 to 280buildings, chapter xiii chapter v chapter vilands & sections sections sectionsstreets 228 186 to 30 to 43 chapter xiv 195 sections 229 to 250 chapter xv sections 244 to 255conservancy chapter xviii chapter vi chapter viii& drainage sections sections section 79 282 to 336 204 to 226latrines & chapter vi chapter ..... to 455 248 to 258encroachment chapter xvi chapter v part ion roads section 258 sections section 196 to 203 85aregulation chapter xxii chapter vii part vof factories sections sections section& trade 387 to 398 259 to 264 36, 36.1, 36.2, 36.3water supply chapter xx chapter ix chapter viii sections sections section 338 to 375 292 to 325 53lighting chapter ix chapter xxi part iii section 292 section 376 section 30.1vehicles chapter xi chapter x part iii sections sections section 186 to 195 ..... the entire enactment, bihar regional development authority act, 1981 after the 73rd and 74th amendments to the constitution has been rendered redundant to the extent of such provision 'which is inconsistent' with the constitutional provisions (part ix and part ixa) 'shall continue to be in form until amended or repealed by a competent legislature or other competent authority or until the .....
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..... . the preamble of the act says that it is an act to amend and consolidate the law relating to legal practitioners and to provide for the constitution of bar councils and an all ..... must also refer to the preamble of the constitution of india which reads as under:--'we, the people of india, having solemnly resolved to constitute india into a sovereign socialist secular democratic republic and to secure to all its citizens:justice, social, economic and political;liberty of though, expression, belief, faith and worship;equality of status and of opportunity;and to promote among them allfraternity assuring the dignity of the individual and the unity and integrity of the nation;........'17 ..... referring to rule 1 of part-a of chapter xxiv, it is submitted that the words - 'ability', 'experience' and 'standing at the bar' are such which would not lead to any positive result and in fact would leave everything in the hands of the judges and the judges would select the persons, who are most suited to them and as such the rule would leave much scope for nepotism ..... . it would be necessary for us to refer to the judgments of the supreme court reported in air 1996 sc 1627, para-45 state of andhra pradesh and ..... . union of india, (1996) 1 scc 361, the framers of the constitution did not intend that the state should not officially recognise merit or work of an ..... (iii) for issuance of a writ of certiorari quashing the order dated 15.12.2004 (contained in annexure-1) in so far as it relates to designation of .....
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..... the sole petitioner is an unsuccessful candidate and seeks cancellation of the entire selection process from the stage of advertisement, and prays for fresh advertisement in accordance with law after taking into account the provisions of reservation for handicapped persons in terms of the persons with disabilities (equal opportunities, protection of rights, and full participation) act 1995 (hereinafter referred to as the disabilities act ..... the same vein that rule-13 of the rules vests the government with the requisite authority to take steps for removal of defects which, inter alia, protects the validity of the amending ..... the same assistant secretary took out the answer sheets in the name of computer scanning from the strong room and kept them without proper security for about two months in the ..... ii posts filled up by the direct competitive examination held by bpsc, shall be selected from amongst the existing class iii employees of the state government on the basis of a limited competitive examination ..... , under a conspiracy, the lock of the strong room was changed on 15.05.2004 and no efforts were ..... the 'business to be transected by the chairman' contained in rules of procedure 1996 schedule section-i (15)' which is reproduced below:system development and other works pertaining to technical aspect of data processing and electronic data processing branch.the ..... confidence and make people believe that the misdeeds complained of in this case constitute an isolated chapter and a thing of past. .....
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