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1 - 10 of 27 (0.05 seconds)Nand Kumar vs State Of Bihar & Ors on 25 February, 2014
15. Learned counsel for the petitioners has tried to
distinguish the judgment of Nand Kumar's case as well as Deo
Kant Choudhary's case (supra) and submitted that the same do
not apply in the present case. In that case, the petitioners were
daily wage employees, their entry through the authority was not
known as to whether they were appointed by a competent
authority or by an incompetent authority or whether they were
granted the same pay scale from time to time.
The Bihar Intermediate Education Council (Repeal) Act, 2007
Repealing Act, 1938
Karnataka State Road Transport ... vs Karnataka State Transport Authority, ... on 13 February, 1987
29. Next judgment cited by learned counsel for the
petitioners is Karnataka State Road Transport Corporation,
Bangalor and Ors. vs. Karnataka State Transport Authority,
Bangalore and Ors. (supra). In that case, issue was raised about
variation of the conditions of the permit held by respondent
nos.2 and 3 on the inter-State route. The question was raised
whether the Transport Authority has power to grant variation of
the conditions of the inter-State Stage Carriage Permits by
increasing the number of trips operated, with or without the
increase of the number of vehicles covered by the stage carriage
permit, overlapping the notified routes of Kolar Pocket Scheme.
The Hon'ble Supreme Court did not find any error in the action
of the authority. However, in the present case, the issue is not
the same as the present matter relates to regularization of service
not modification of any permit or Scheme.
Section 145 in The Code of Criminal Procedure, 1973 [Entire Act]
Deo Kant Choudhary And Ors vs The State Of Bihar And Ors on 27 February, 2019
15. Learned counsel for the petitioners has tried to
distinguish the judgment of Nand Kumar's case as well as Deo
Kant Choudhary's case (supra) and submitted that the same do
not apply in the present case. In that case, the petitioners were
daily wage employees, their entry through the authority was not
known as to whether they were appointed by a competent
authority or by an incompetent authority or whether they were
granted the same pay scale from time to time.
Bhanu Kumar Jain vs Archana Kumar & Anr on 17 December, 2004
45. So, the judgment placed reliance upon by the
petitioners in the case of Bhanu Kumar Jain vs. Archana
Kumar and Another (supra) that the action of the respondents
will operate as estoppel and res judicata does not apply to the
facts of the present case because in that case the situation was
quite different, but in this case the Hon'ble Supreme in exercise
of Power under Article 142 of the Constitution of India and to
give a quietus to the decade-long litigation has passed the said
order.
Article 14 in Constitution of India [Constitution]
Bhinka And Others vs Charan Singh on 24 April, 1959
30. Learned counsel for the petitioners also placed
reliance on the judgment of Hon'ble Supreme Court in the case
of Bhinka and Others vs. Charan Singh (supra), wherein the
Patna High Court CWJC No.22943 of 2018 dt.17-02-2020
31/50
issue was with regard to genuineness of certified copy of the
Khatiyan and the question was raised about the production of
certified copy. The Hon'ble Supreme Court has held that under
this Section, the Court is bound to draw the presumption of
correctness and genuineness of the certified copy of a document,
bears the signature of authorized officer, takes the colour of
official character, which was claimed with respect to the said
document. But such a presumption is permissible only if the
certified copy is substantially in the form and executed in the
manner provided under the law. The question was raised how
much heading in Section facilitate and add in interpreting the
statutory provisions, wherein the Court has held that it helps to
resolve the real dispute. It cannot control the plain words of the
statute but, it may help in explaining the ambiguous words.