Court : Patna
..... democratic tyranny. but to ensure an effective working of judicial review is a necessary to know the history of the constitution concerned, geographical position, social structure, economic development, racial composition, the history of the impugned legislation, necessity of its, enactment and the ethical background, as well as, it social effects, and also its ..... area are highly essential and efficacious in the modern world. through the process of judicial review the court has succeeded in moulding the governmental process and regulating the social and economic structure of the society.56. the history of the practical operation of judicial review is a matter of abundant interest and curiosity ..... lands were adopted by the british government, he has concluded that, 'i think, on the whole, what was meant by the various declarations in the regulations and elsewhere, was this: that the government claimed to succeed to the de facto position of the preceding ruler, only so far as to use the .....
Tag this Judgment!Court : Patna
..... by becoming participants in free markets with least regulations. if the regulations are removed, the market becomes a free market where the mutual contract becomes the rule of trading game and market forces become the governing ..... trend with the advent of wto and various other trade treaties emerging on the horizon as massengers of globalization and liberalization aimed at sustainable growth and development through public - private partnership with receding regulatory regimes.22. the principle equally answers the argument raised by the petitioners that a law made in ..... stated is to give incentive to private and co-operative markets for trading on mutual contract basis directly from the farmers. apparently by repeal, the regulations, which were coming in way of giving effect to the making of a bilateral and international treaties as a part of policy of globalization and liberalization .....
Tag this Judgment!Court : Patna
..... the share capital and not the properties or the assets and liabilities of the company. for this purpose he placed reliance upon : [1982]2scr1 (western coalfield ltd v. special area development authority). in that case the company in order to avoid tax on its property took the plea that it was owned fully by the government of india and therefore the .....
Tag this Judgment!Court : Patna
..... finds mention in 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 above rule was, therefore, blatantly violated.xviii. the hard disc mentioned ..... the post-advertisement selection process crystallizing in the merit list. according to bpsc, in so far as the allegations of non-observance of the rules and regulations in issuance of the advertisement is concerned, the entire responsibility rests on the state government. it is submitted that the advertisement is issued entirely on the ..... was further observed that holding of committee meeting each year is intimately connected with and is an integral part of the scheme envisaged by the regulations. if for any reason, the select committee is not able to meet each year, it will certainly give rise to complications. that, however, does not .....
Tag this Judgment!Court : Patna
..... reported in 2009(2)pljr 929 wherein it was held as follows:- 13. there is another reason for holding the impugned order of termination bad. the block development officer, by the impugned order has not only terminated petitioners from their post of panchayat/prakhand teachers, but have also directed to appoint the complainants (respondents) on ..... evidence to satisfy that there was a real likelihood of bias and vague suspicions of whimsical, capricious and unreasonable people should not be made the standard to regulate normal human conduct. the following observations of justice john clarke in this regard as quoted in the case of linahan re(supra) is worth quoting:- i ..... investigation, legal proceeding or remedy may be instituted, continued or enforced, and any such penalty, forfeiture or punishment may be imposed as if the repealing act or regulation had not been passed.? the bihar and orissa general clauses act, 1917 8. effect of repeal.- where any bihar and orissa act, or bihar act repeals .....
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