Court : Patna
Decided on : Feb-12-1999
..... )iillj812sc , that appointment on compassionate ground is not violative of article 16(2) of the constitution of india. therefore, this question has already been considered by the supreme court. the rationale for this finding of the supreme court is that when exceptional circumstance do exist as a result of sudden death of the bread earner, such appointment are made in order .....Tag this Judgment!
Court : Patna
Decided on : Jul-19-1999
sachchida nand jha, j. 1. the vires of section 25-a of the bihar finance act, 1981 and the related rules and notification regarding deduction of sales tax at source from the contractors' bills has again been called in question in these writ petitions.2. entry 54 of the state list of the seventh schedule to the constitution of india authorizes the state legislatures to make law with respect to imposition of taxes on the sale and purchase of goods other than newspapers, subject to the provisions of entry 92 a of the union list. in state of madras v. gannon dunkerley & co. (madras) ltd.  9 stc 353, the supreme court held that the expression 'sale of goods' in entry 54 has the same meaning as in the sale of goods act, 1930. the essential ingredients of sale being an agreement to sell movables for a price and transfer of property pursuant thereto, in works contract there is no sale of goods because such a contract is indivisible in which there is neither agreement to sell the materials used in the construction nor there is passing of the property in such materials pursuant to any such agreement. the state legislatures were therefore, not competent to impose tax on the supply of materials used in such a contract treating them as sale under entry 54 of the state list.3. in order to overcome the effect of the abovesaid decision and to confer power upon the state legislatures to make law for imposition of taxes on the sale and purchase of goods involved in the execution of .....Tag this Judgment!
Court : Patna
Decided on : Dec-05-1999
narbdeshwar pandey, j.1. in these three writ petitions, primal challenge is with regard to the validity of the panel prepared on the basis of re-interview for appointment of assistant teachers in government basic schools, as was held in between 16.9.1991 to 20.9.1991. and also the order of the director, primary education, government of bihar, dated 6th december, 1993, issued under memo no. 964 and the consequential order of the regional deputy director of education dated 18th december, 1993 vide memo no. 5167, whereby and whereunder, petitioner's services were terminated.2. from the somewhat voluminoun pleadings of the parties as well as the judgment of this court in cwjc no. 6029 of 1991 and analogous cases, it emerges that on 7.6.1989 under the orders of the director. primary education, advertisements were published in daily newspaper for appointment to the posts of assistant teachers in government basic schools from amongst the candidates, holding minimum qualification of matric trained. uhdisputedly, petitioners including contesting respondents and large number of other candidates applied for such posts. the interview was conducted by a duly constituted selection committee in between 28.11.1989 to 30.11.1989 and in total 1286 candidates appeared. thereupon under the orders of the director, primary education, the panel prepared by the selection committee was approved and letters of appointment were issued in favour of 259 candidates, including the petitioners sometime in .....Tag this Judgment!
Court : Patna
Decided on : Aug-26-1999
asok kumar ganguly, j. 1. this writ petition has been filed for quashing the order dated 30-12-1998 passed by the debt recovery tribunal, patna in o.a. no. 4/97. 2. it appears that an application under section 19 of the recovery of debts due to banks and financial institutions act. 1993 (hereinafter called the said act) was filed against the petitioner by respondent no. 1 which is allahabad bank, bokaro steel city branch, naya more, bokaro, bihar (hereinafter called the said bank). in the said application the said bank as an applicant has made out a case that the petitioner no. 1, a company incorporated under the indian companies act, 1956 having its registered office at bakaro, approached the said bank through its director for cash credit limit of rupees one lac for working capital and submitted its application for the same. the said bank sanctioned the said cash credit limit of rupees one lac against the hypothecation of stocks and book debt payable on demand with interest specified in the sanction letter. thereafter necessary documents were executed between the parties. the writ petitioner then approached the said bank for enhancing the said limit upto rupees five lac thirty thousand and submitted an application to that effect on 31-3-1990. the said application of the petitioner was recommended by the bank to the regional office, ranchi and the loan was sanctioned upto the limit of rupees four lacs fifty thousand on certain terms and conditions mentioned therein. the case .....Tag this Judgment!
Court : Patna
Decided on : Mar-17-1999
1. this appeal is directed against the judgment of conviction and order of sentence dated 6th september, 1986 by 3rd additional sessions judge, purnea in sessions trial no. 246 of 1984 by which both these appellants were convicted under sections 302/34 of the indian penal code and were sentenced to undergo imprisonment for life. one accused pagla singh alias dularchand singh was acquitted of all charges, giving him benefit of doubt and these two appellants, who were also charged for committing murder of ram saran singh, were held not guilty by the trial court and were acquitted of said charge by the same judgment.2. shortly stated, the case of prosecution, as disclosed in the fardbeyan (ext. 5) of p.w. 4, informant darogi singh, was that on 15-7-1983 about 4-00 p.m. when he was purchasing vegetables in khabaspur hat along with prithvi singh (since dead), he was informed by a woman that dead bodies of a male and a female were lying in the way and two children were there who were weeping and then he went towards kabilashi village and in north of kabilashi village he found that dead body of ram saran singh with injuries on his neck, chest, side of chest and hand. further case of prosecution is that when he went ahead, he found his two sister's daughters, chandra kala aged about six years and bukni aged about 2 years weeping and further found the dead body of his sister jitni devi with injuries on her neck leg and lower lip and he further claimed that, on his enquiry, chandra .....Tag this Judgment!
Court : Patna
Decided on : Feb-02-1999
r.a. sharma, j.1. being aggrieved by the two orders of the same date i.e., 17.9.1998, passed by the state government under sub-section (7) of section 23 of the jharkhand area autonomous council act, 1994 (hereinafter referred to as the act) removing the chairman and the vice-chairman of the interim council and the members of the interim executive council, the petitioner, who claims to be the spokes person of the jharkhand mukti morcha and a member of the said interim executive council, has filed this writ petition. in the writ petition, the state of bihar, smt. rabri devi, the chief minister of the state, the secretary to the governor, the chief secretary, govt. of bihar, shri m.p. ajmera, deputy secretary, planning and development, patna, and the jharkhand area autonomous council (hereinafter referred to as the jaac) have been impleaded as respondent nos. 1 to 6, respectively.2. respondent nos. 1, 2, 4, 5 and 6 have filed counter-affidavit sworn by sri m.p. ajmera, deputy secretary, planning and development, govt. of bihar, patna (respondent no. 5). the respondent no. 3 has filed a separate counter-affidavit. the petitioner has filed the rejoinder affidavit in reply thereto. the petitioner has also filed supplementary affidavits. we have heard learned counsel for the parties.3. the learned counsel for the petitioner has made the following submissions in support of the writ petition-(i) sub-section (7) of section 23 is ultra vires as it confers unbriddled, uncanalised, .....Tag this Judgment!
Court : Patna
Decided on : Jul-16-1999
aftab alam, j. 1.the petitioners in each of these three cases have come to this court making the grievance that the revenue and/or the administrative authorities forcibly demolished their house, either completely or partially, on the alleged grounds that the petitioners' buildings/structures encroached upon some public land. it is averred by the petitioners in all the three cases that demolitions were forcibly carried out without giving any notice or prior information, without holding any proceeding under any law and even without taking any measurements in presence of the petitioners to show any encroachment over any public land.2. it may be noted here that these three cases are not in isolation but of late similar cases are coming to this court in a constant stream. a large number of cases are filed under the heading 'demolition' or 'removal of encroachment' making similar grievances that the houses, buildings, structures or shops constructed by and belonging to the respective petitioners were either forcibly demolished (wholly or in part) or were being threatened with demolition on the alleged grounds that the structure in question was unauthorisedly constructed or it encroached upon some public land, road or the flanks of a road. a common feature in all these cases is that the respondent authorities proceeded to demolish the structure(s) or gave the threat of demolition (as the case may be) without initiating any legal proceeding or giving any notice to the house owner. .....Tag this Judgment!
Court : Patna
Decided on : Oct-08-1999
n. pandey, j. 1. these two writ petitions have been filed for a direction to the respondents to relax the eligibility criteria and fill up the vacant seats in post-graduate courses from the successful candidates of the post-graduate medical admission test, 1996 (hereinafter to be referred to as pgm at).2. admitted facts are that admission to the post-graduate course including diploma is held on the basis of competitive test known as pgmat. an advertisement, therefore, in terms of the prospectus of such test for the year 1996 was issued by respondent no. 3. the examination was conducted and result was also published. as per the terms of the prospectus minimum qualifying marks for the candidates of general category, backward class (bc), most backward class (mbc), etc. was fixed 50% and that of the candidates belonging to scheduled caste and scheduled tribe 40%.3. by means of these writ petitions, petitioners have sought for a direction to the respondents to relax the qualifying marks from 50% to 40% for the candidates of general category including backward class and most backward class and from 40% to 30% for the candidates of scheduled castes & scheduled tribes, as was done in view of the direction of this court in c.w.j.c. no. 9786 of 1995 with c.w.j.c. no. 2900 of 1996 with respect to the p.g.m.a.t., 1995-96 and the said criteria was also approved by the apex court.4. it is contended since the qualifying marks was not relaxed for the p.g.m.a.t., 1996, more than 100 seats in .....Tag this Judgment!