Judgment Search Results Home > Cases Phrase: special protection group act 1988 section 11 termination of service Court: patna Page 1 of about 9 results (0.046 seconds)

Krishna Kumar Mishra and anr. Etc. Etc. Vs. State of Bihar and ors. Et ...

Court : Patna

..... bhoodan yagna samiti, air 1988 sc 2239.it was submitted that the object of the amendment of the constitution and the enactment of the panchayat act were made to provide for a differential dispensation in favour of weaker sections of society, namely, scheduled castes/tribes/women and backward classes.it was submitted that clause 6 of article 243d is a power coupled with the duty to exercise it and the reservation in favour of backward classes. ..... according to him, while the provisions of article 234 have to be complied with if the appointment is made to judicial service, but if on the basis of experience of centuries, adjudicatory institutions are developed, at grass-root level on the basis of experience there is nothing in the constitition which prohibits, nor can it be said that mere fact that the elected ..... but electing representatives to govern is neither a 'fundamental right' nor a 'common law right' but a special right created by the statutes, or a 'political right', or 'privilege' and not a 'natural', 'absolute or vested right'. ..... counsel for the petitioners submitted that the reservation is an idea under the principles 'protective discrimination' to ensure that the weaker sections have a place in legislature, which otherwise was unlikely. ..... one of the major determining factor will be as to whether particular backward caste and/or group of people lacks representation in political field and thereby lack political power.in indra sawhney, air 1993 sc 477, hon'ble sawant, j. .....

Amar Singh and ors. Etc. Etc. Vs. the State of Bihar and ors. Etc. Etc ...

Court : Patna

..... to be broadly in agreement with the conclusion reached by him, subject to following additional materials and observations in this group of petitions under article 226 of the constitution of india, questioning the legality, validity and constitutionality of sub-section (4) of section 23 of the bihar tenancy act, 1885 (act 8 of 1987) ('tenancy act'), which came to be incorporated by the bihar tenancy (amendment) act, 1993 (bihar act 21, 1993) and also, resultant provisions in the 'bihar rent refixation rules, 1995' ('rent rules of 1995') under ..... to hear such appeals, and(ii) if such order is passed by the collector of a district, to the prescribed authority:(b) the collector of the district may, at any time, transfer any appeal filed before him to any officer specially empowered to hear such appeals or withdraw any appeal pending before any officer so empowered, and either hear such appeal himself or transfer it for disposal to any other officer so empowered:(c) appeals under this ..... its historical and philosophical approach leads to the enactment of only legal laws based on ethical and rational thinking, which protects and maintains individual liberty and freedom, create social and economic harmony and has the glorious role of reconciling political imbalances and despotism by establishing constitutional balance and justice ..... as from this date, the statute abolished grand sergeanty and knight service, and provided that land formerly held by such tenures should be held forthwith in .....

Shyam Sunder Pathak Vs. Bihar State Housing Board and Others

Court : Bihar State Consumer Disputes Redressal Commission SCDRC Patna

..... (vii), in its written statement, has submitted that the complaint petition under consumer protection act, 1986 preliminarily is not maintainable as the complainant is not a consumer in respect of opposite ..... 1990, several judgments of national commission in this regard, the board does not appear to be stirred to be more objective, responsive and care-taking towards protection of the interests of the consumer in keeping with the legislative intentions of welfare oriented consumer protection act, 1986. ..... but the then chairman of the board under special circumstances approved the proposal of allotment of plot in bahadurpur or lohianagar at patna on ..... unfortunate that the board and in turn, our society is being burdened to pay the compensation for act of gross negligence and oppressive omissions and commissions of its officers and employees. ..... and inaction of the authorities clearly points out not only to gross deficiency in service but denial of service on the part of the board. ..... on 1.12.1981 for allotment of higher income group plot at patna after registration. ..... , patna under section 144, criminal procedure code ..... organisations like the board had been created by the state to provide better, efficient and cheaper services to the people. ..... and also further loss due to price rise of various construction materials on account of deficiency in service of the board. 2. ..... steps are essentially needed to be taken to check arbitrary and capricious exercise of authority in such utility- service organisations. .....

Shri Ashwani Dhir and ors. Vs. the State of Bihar and ors.

Court : Patna

..... refer the entire plaint, annexures and documents filed, in course of hearing of this injunction petition many of the persons those who have seen the said serial were/are shocking that the dialogues and acting lowers the moral, modesty, character role to be played by virtue of the office they hold and also in respect of the caste to which they belong and it also lowers their credit, ..... to create that makes human being a superior race and it is the court's duty to protect this right zealously so that the stream of creativity is not dried due to hostility of ..... of right to adjudicate all disputes, unless restricted by law but in my opinion, when a special enactment provides for remedy, the civil court shall be loath and circumspect in granting injunction by interim ..... section 19 of the said act confers-power to the authorised officer to prohibit transmission of programme in public interest in case it is likely to promote, on grounds of religion, race, language, caste or community or any other ground whatsoever, disharmony or feeling of enmity, hatred or ill-will between different religions, racial linguistic or regional groups or castes or communities or which ..... after the personal service on the plaintiff, the case was heard on day to day basis in pursuance of the order of the supreme court to dispose of the writ application within two months and closed for judgment ..... the case came up for consideration on 8.11.2004 when this court permitted the defendants to effect personal service on him. .....

Shyam Babu and ors. Vs. Union of India (Uoi) and ors.

Court : Patna

..... such information in respect of persons, points or matters as are considered relevant by the competent authority to any enquiry under the act (section 16), (iii) the assistance to be given by various officers exercising statutory functions under various laws such as customs act, central excise laws, income-tax act, fera and also police officers to the competent authority (section 17), (iv) the powers of the competent authority to initiate or conduct are enquiry, investigation, survey and for that purpose ..... dealing with the provisions of the safema elaborately, in paragraph 15 of its judgment in attorney general for india (supra), the constitution bench of the supreme court held that section 2 of the safema specifies the person to whom the safema applies and it has been stated that there are,(iii) five categories of persons to whom safema applies ..... supreme court in the case of attorney general, air 1994 sc 2179 (supra) while upholding the wide definition given to 'illegally acquired property' under section 3(a)(c) of the said act has held that the provisions of the safema are not unreasonable or arbitrary apart from the protection given to it under section 3(1)(b) of the said act ..... the legislature, in its wisdom, thought that the provisions of those general laws are inadequate to tackle the menace created by such group of people and eanctcd this special law which has many special features.19 ..... findings of the competent authority were affirmed by the appellate tribunal by the order dated 17th may, 1988.39 .....

Haresh Kumar Singh and ors. Vs. Union of India (Uoi) and ors.

Court : Patna

..... relevant provisions of the code under chapter xiv and of the principles of law enunciated by this court is a series of decisions relating to the exercise of the extraordinary power under article 226 of the inherent powers under section 82 of the code which we have extracted and reproduced above, we given the following categories of cases by way of illustration wherein such power could be exercised either to prevent abuse of the process of any court or ..... is made out.the learned counsel for the petitioner has raised an additional point in course of argument the offence under section 302 and other sections of the penal code cannot be tried by the special court constituted under section 14 of the act.as stated above the session court has been notified as a special court under the act. ..... is also proposed to enjoing on the state and the union territories to take specific preventive and punitive measures to protect the scheduled castes and scheduled tribes from being victimized and where atrocities are committed to provide adequate relief and assistance ..... him under registered cover to join duty but when he did not join the steps were taken to terminate his employment. ..... before a classification can be held to be valid namely; (i) the classification must be founded on intelligible differentia which distinguishes persons or things which are grouped together from others left out of the group; (ii) that differentia has a rational relation to the objects sough to be achieved by the act.11. .....

Dr. Jagannath Mishra and ors. Vs. C.B.i. and ors.

Court : Patna

..... petitioners the learned standing counsel submitted that rule 8 of the rules of the executive business framed under article 163 of the constitution of india clearly lays down that each department or group of departments shall consist of a principal secretary/secretary to the government as may be necessary who shall be the official head of the department, and of such other officers and servants as the state ..... it is further submitted that these petitioners during the time of their posting as secretary of the department had been trying to protect the interest of the main scamsters and during investigation the evidence has also appeared that they had been receiving payments at the hands of scamsters ..... as regards the mention of the wrong fact in the order for sanctioning of prosecution that the petitioner while being the chief minister of bihar in the year 1988 had received a letter from a co-conspirator sri lalu prasad requesting for promotion of raja ram, learned counsel maintained that there appears to be some error of record somewhere and even ..... sections 409, 420, 467, 471, 477, 477a, 201, 511 read with 120 of the indian penal code and section 13(2) read with sections 13(1) (c) and (d) of the prevention of corruption act ..... the two officers of the indian administrative service, who had been working as secretary in ..... furnished bail bonds in the terms of the aforesaid order and also applied for his regular bail which was dismissed by the special judge vide order dated 21.8.1997. .....

The State of Bihar and ors. Vs. Pratappur Sugar and Industries Limited ...

Court : Patna

..... sugarcane:(b) to devise ways and means for executing development plan in all its essential including improvement and development of communications, cane varieties, supply of good quality seeds, fertilisers and manures, plant protection and prevention and control of diseases and pests;(c) to render all possible help in agricultural extension work of cane:(d) to assist in arrangements for the training of cultivators in improved methods of sugarcane ..... raised a preliminary objection at the outset and submitted that the appeals filed by the state are not maintainable as the earlier fixation of commission by 2001 notification issued under section 48(1) of the act was quashed by this court and the state government did not challenge the said judgment in lpa or before the apex court and as such subsequent judgment of this court ..... sale of agriculture produce, livestock and products of livestock and the establishment of markets in connection therewith and the levying of market fee in lieu thereof towards the cost of rendering such service by different states on the recommendation made in the report of royal commission on agriculture in india, 1928 and of those of many high powered bodies of expert constituted from time to time by the ..... the scheme of the act specially section 8 of the act which contains a provision regarding function of the council clearly show that the income is utilised in defraying the expenditure to be incurred by the council for several developmental ..... entire group. .....

Lal Sahab Jha Vs. Union of India (Uoi) and ors.

Court : Central Administrative Tribunal CAT Patna

Reported in : (2008)1STJ33NULL

..... these submissions have to be read with the provisions under section 47(2) of "the persons with disabilities (equal opportunities, protection of rights & full participation) act, 1995 (for short, "the disabilities act") which runs as follows: (2) no promotion shall be denied to a person merely on the ground of his disability: provided that the appropriate government may, having regard to the type of work carried on in any establishment, by notification and subject to such ..... though another handicapped person, with blindness, one brij lal was appointed against the temporary post of clerk by order dated 04.07.1988, the applicant was denied that privilege, hence he represented again before the authorities to post him in the higher post of inquiry clerk at least w.e.f. ..... the applicant is matriculate and if his qualification allows him to be further promoted, then the railway administration has to think for some special method for screening such handicapped persons by specific tests. ..... in the written statement following submissions and admissions have been made: (i) the applicant was blind and was regularised in service in a group 'd' post w.e.f. .....

Smt. Madalsa Devi Vs. Smt. Mridula Chandra

Court : Patna

..... he next submitted that default in payment of two months rent as a ground for eviction (as envisaged under section 11(1)(d) of the rent act) could not be invoked in case of a lease for a fixed period specially when there was no forfeiture clause and the parties to the lease had agreed that any default in payment of the monthly rent would attract only an interest on the unpaid rent. 8. ..... chatterjee next contended that a lease holding on the basis of a fixed term lease could not be evicted for non-payment of the two months rent as envisaged under section 11(1)(d) of the rent act, specially when default in payment of monthly rent was not a ground for forfeiture in terms'of the lease. ..... in bajpaie's case the supreme court turned down this contention and found that chettiar's case had specifically dealt with the question as to whether a tenant was entitled to a double protection, one under the rent act and the other under the transfer of property act and had held that any such claim was without any substance. ..... as we have already said the lease did not stipulate a forfeiture clause and in the absence of a forfeiture clause in the lease leading to termination by forfeiture, contractual tenancy was subsisting under the provisions of the transfer of property act and there cannot be any eviction from such a tenancy. ..... the defendant admitted the service of the notice under section 106 of the transfer of property act but maintained that it was wholly misconceived and irrelevant. .....