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State of Bihar Vs. Bishnu Chand Lal Chaudhary and ors.

Court : Supreme Court of India

Subject : Property

Acts : Constitution of India - Articles 31, 31(6), 113(1) and 133(1); Government of India Act, 1935 - Sections 299(2); Land Registration Act, 1876; Bihar and Orissa General Clauses Act, 1917 - Sections 4(22); Bihar States Management of Estates and Tenures Act, 1949 - Sections 3, 3(1), 3(3), 4, 5, 7, 8, 9, 10, 11, 12, 13(1), 27, 30, 31 and 33; Bihar Lands Reforms Act, 1950

Reported in : AIR1985SC285; 1985(33)BLJR96; 1985(1)SCALE1; (1985)1SCC449; [1985]2SCR527; 1985(17)LC479(SC)

the plaintiff. The defendants were the State of Bihar and J.P. Mukherjee, an officer in the service of the Bihar Government.2. The plaintiff, Prithwi Chand Lall Choudhary was the karta of a Hindu joint family which owned extensive … to facilitate the further reform of abolition of zamindari. It was also intended to make provision for better irrigation facilities and to prevent realisation of excessive rent or revenue from the cultivatOrs. The Statement of Objects and … to the proprietOrs.6. Sections 3 to 5 of the Act were in Chapter II of the Act. Section 3 provided as follows:3. (1) The Provincial … by certificate under Article 133(1)(a) of the Constitution arises out of an action in tort for damages for trespass and unauthorised interference by the defendants

The Collector of Monghyr and ors. Vs. Keshav Prasad Goenka and ors.

Court : Supreme Court of India

Subject : Civil

Acts : Bihar Private Irrigation Works Act, 1922 - Sections 3, 4, 5, 5(1), 5A, 5A(1), 5B, 7, 8, 11, 12, 32A, 32B, 46 and 47; Constitution of India - Articles 20(3), 226 and 320(3); Bihar Land Reforms Act, 1950; Bihar Private Irrigation Works (Amendment) Act, 1939

Reported in : AIR1962SC1694; 1962(0)BLJR863; [1963]1SCR98

because of the common point raised in them which relates to the proper construction of section 5A of the Bihar Private Irrigation Works Act, 1922 (Bihar and Orissa Act, 5 of 1922), which will be hereafter referred to … with in Ch. II whose provisions are material for the controversy before us. Section 3 with which this Chapter opens enacts, to quote the material words : 'Whenever it appears to the Collector (a) that the repair … 11 of the Act were allowed by the High Court of Patna. 2. For the purposes of the decision of these appeals it is not

Ramshreshtha Sinha Vs. the State of Bihar and ors.

Court : Patna

Subject : Service

Acts : Bihar Pension Rules - Rules 3, 5, 10, 18, 86, 101, 135, 138, 139, 146, 147 and 438; Bihar Service Code - Rules 7 and 74

completed approximately 27 years 8 months of service was clearly entitled to retiring pension under Rule 135 of the Bihar Pension Rules read with Rule 5 of the same, the Irrigation Department having been carved out from the … the Bihar Pension Rules. Rule 101 of the Bihar Pension Rules in Chapter V at Section 5 would read in Clause (a) that resignation from … the resignation of the petitioner did take effect by the communication dated 5.9.95 at Annexure 16, all subsequent actions by placing the petitioner under suspension, holding of departmental enquiry etc. were bad in law. The petitioner having … Navin Sinha, J.1. The present writ application seeks quashing of Annexures 19, 20 and 29. The impugned orders visit the petitioner with punishments by withholding

The Belsund Sugar Co. Ltd. Vs. the State of Bihar and ors. Etc.

Court : Supreme Court of India

Subject : Commercial

Acts : Bihar Agricultural Produce Markets Act, 1960 - Sections 2(1), 3(1) 4, 5, 7, 12, 13, 15, 18, 25, 27, 28, 29, 31, 32, 39, 40, 42, 43, 44, 46, 48, 49, 50(1), 51, 52 and 58 - Rule 82; Bihar Sugarcane(Regulation of Supply & Purchase) Act, 1981; Bihar Agricultural Produce Markets Rules, 1975; Sugar(Control) Order, 1966; Sugar(Packing & Marking) Order, 1970; Sugar(Restriction on Movement) Order, 1970; Indian Contract Act, 1872 - Sections 72; Constitution of India - Articles 19(1), 132(1), 133(1), 142, 145 and 254(1); Industries(Development and Regulation) Act, 1951; Rice Milling Industry(Regulation) Act, 1958 - Sections 6(1); Tea Act, 1953 - Sections 30(1); Essential Commodities Act, 1955 - Sections 3; Bihar Molasses(Control) Act, 1947; Bihar Sugarcane Act, 1979 - Bihar Sugarcane

Reported in : AIR1999SC3125; 1999(4)ARBLR502(SC); 1999(3)BLJR2191; JT1999(5)SC422; 1999(4)SCALE516; (1999)9SCC620; [1999]Supp1SCR146

the appellants vehemently submitted in support of the aforesaid twin contentions that the Market'Act which was enacted by the Bihar Legislature under Entries 26 and 27 of the State List read with Entry 28 therein had to be … use in sugar factories and taxation of sugarcane and matters incidental thereto.18. Chapter II of the Sugarcane Act provides for Administrative Machinery for carrying out … mills located in the State of Bihar. By the common judgment dated 20th April, 1976 the High Court dismissed both the writ petitions. The said … of the Council shall be as follows:(a) to consider and prepare the programme for the development of communications, irrigations, soil analysis and other agricultural facilities relating to sugarcane;(b) to devise ways and means for executing development plan

Central Coalfields Limited and ors. Vs. State of Bihar and ors.

Court : Patna

Subject : ConstitutionOther Tax

R.A. Sharma, J.1. By these writ petitions, the petitioners have challenged the validity of the Bihar Coal Mining Area Development Authority (Amendment) Act, 1992 (hereinafter referred to as the Amendment Act) and the rules … erosion, provision for aforestation or reformation, improvement and re-development, water front areas, rivers and lakes ;(xvi) Proposals for irrigation and hydro-electric works and other sources of water-supply;* * * *Section 28 has laid down that use and … coal-mining development area has to be in conformity with the development plan. Chapter VI of the Act deals with development schemes to be prepared after … matters ancillary thereto.' 'Coal Mining Development Area' has been defined in Section 2 (4) of the Act as under:2 (4) 'Coal Mining Development Area' means

M.C. Mehta Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Subject : Environment

Acts : Environment (Protection) Act, 1986 - Sections 3, 3(1), 3(2), 3(3) and 23; National Capital Region Planning Board Act, 1985 - Sections 2; Punjab Land Preservation Act, 1900 - Sections 4 and 5; Environment (Protection) Rules, 1986 - Rules 5, 5(3), 5(4) and 6(3); Forest (Conservation) Act, 1980 - Sections 2; Town and Country Planning Act; National Environment Appellate Authority Act, 1997; Constitution of India - Articles 21, 47, 48A and 51A; Mines and Minerals (Regulation and Development) Rules; Mines and Minerals (Regulation and Development) Act, 1957 - Sections 13 and 18; Mineral Concession Rules, 1960 - Rules 4A, 22(4), 22(4A) and 22(5); Air (Prevention and Control of Pollution) Act, 1981; The Water (Prevention and Control of Pollution) Act, 1974; Mineral Conservation and Dev

Reported in : AIR2004SC4016; 2005(5)ALLMR(SC)353; (2004)3CompLJ199(SC); JT2004(4)SC181; 2004(3)SCALE396; (2004)12SCC118

of enjoyment of pollution-free water and air for full enjoyment of life. (See Subhash Kumar v. State of Bihar : [1991]1SCR5 ).46. Further, by 42nd Constitutional Amendment. Article 48A was inserted in the Constitution in Part IV … because one cannot lose sight of the need for development of industries, irrigation resources and power projects etc. including the need to improve employment opportunities … been framed by the Central Government in exercise of the powers conferred by Section 13 of the MMRD Act, Chapter IV of these Rules relate to crane of mining leases in respect of land in which the minerals … Pollution Control Board (HPCB) was directed by orders of this Court dated 20th November, 1995 to inspect and ascertain the impact of mining operation on

The State of Karnataka by Its Chief Secretary Vs. State of Tamil Nadu ...

Court : Supreme Court of India

Subject : Education

behalf. The controversy arose in the suit as the plaintiff-State claimed to have merged in the province of Bihar. It was contended 114 by the plaintiff that the Government of Orissa wrongfully and illegally purported to administer … Baby Dam and earthen bund. The Constitution Bench referred to the first litigation before this Court, the Kerala Irrigation and Water Conservation Act, 2003, the Kerala Irrigation and Water Conservation (Amendment) Act, 2006, the second litigation before … every consideration arising from the other provisions of the Constitution including the Chapter on Fundamental Rights, but for that reason alone we must determine the … a fact of clearer import. In Lord Salisbury's Despatch of the March 23, 1876, the practice of such appeals is dealt with as a thing

Vithalrao Udhaorao Uttarwar and ors. Vs. the State of Maharashtra

Court : Mumbai

Subject : Constitution

Acts : Constitution of India - Articles 13(2), 14, 15, 15(3), 16, 17, 19, 19(1), 21, 22, 25, 25(1), (2), (2A), (2B), (3), (4), (5) and (6),29(1), 31, 31(2), 31-A, 31-B, 31-C, 32, 33, 34, 35, 37, 39, 50, 53(1), 53(2), 132, 133, 226, 277, 245, 246, 268, 269, 270, 271, 272, 273, 274, 275, 276, 277, 278, 279, 301, 352, 354, 355, 357, 358, 359(1), 359(1-A), 360, 367, 368 and 394; Constitution (Fortieth Amendment) Act; Constitution (Twenty-Ninth Amendment) Act, 1972; Constitution (First Amendment) Act, 1951; Maharashtra Agricultural Lands (Lowering of Ceiling on Holdings) Act, 1961 - Sections 2, 2-A, 2(5), 22(5), 2(9), 2(21), 2(30), 3, 3(1), 3(2), 3(14), 4, 4(1), 4(2), 5, 5(1), 8, 9, 10, 10(1), 4(1), 11, 12, 12(2), 13, 13(2), 13(3), 14, 15, 16, 16(3), 17, 17(1), 18, 21, 21-A(1), 21(4), 23, 27, 28

Reported in : AIR1977Bom99

Property Act , State of Bombay v. R. M D. Chamarbaugwala : [1957]1SCR874 ; Jagdish pandey v. Chancellor, Bihar, : [1968]1SCR231 ; Jothi Timber Mart v. Calicut Municipality, : [1970]1SCR629 and State of M. P, V. D. … should not exceed 54 acres. The conclusions do indicate also that in the case of land having assured irrigation, the ceiling should not exceed 27 acres. The matters below 54 acres were left to the discretion of … ).28. The present Amendment Acts i. e., 21/75 which has substituted amended Chapters II and III for the original Chapters in the principal Act is … Masodkar, J. 1. These 2661 cases have clogged the Court's corridors for considerable time, challenging the provisions

Bihar Rajya Zila Parishad Abhiyantran Seva Sangh and ors. Vs. Raj Deo ...

Court : Patna

Subject : Civil

Acts : Bihar Panchayat Raj Act, 1993 - Sections 134; Bihar Municipal Act, 1922 - Sections 51B; Constitution of India - Article 243 ZD

affraid, the State-respondent cannot avoid.5. A little back ground is required to understand what the issue about. Under the Bihar and Orissa Self Government Act, 1885 were framed.rules known as the Bihar District Engineers Service Rules, 1957. There … Government and Zila Parishad in the implementation of land improvement and soil conservation programmes of the Government.(4) Minor Irrigation, Water Management & Watershed Development : (i) Assisting the Government and Zila Parishad in the construction and maintenance … to the aspect that in the context of the Panchayats and Municipalities, Chapter IX and IX-A of the Constitution of India, these are institutions of … 1. This letters Patent Appeal has been filed against the order of 21st July, 2000 on CWJC No. 6299/2000, Bihar Rajya Zila Parishad Abhiyantran Seva

Bihar Industries Association Sinha Library Road Vs. Bihar Electricity ...

Court : Appellate Tribunal for Electricity APTEL Appellate Jurisdiction

Subject : Land Acquisition

the Electricity Act, 2003 filed by the appellant Bihar Industries Association against the order dated 15.03.2013 passed by the Bihar Electricity Regulatory Commission (for short , State Commission) in case No. T.P. 41 of 2012 approving the Truing … Policy and judgements of this Tribunal while dealing with the cross-subsidies to categories such as Kutir “Jyoti and irrigation. (ii) that the State Commission has not carried forward the surplus of Rs. 950 crores found by the … Tribunal regarding determining category wise/voltage wise cost of supply and tariff in chapter 9 of the impugned order. The State Commission in the impugned order … 1. This is an Appeal under Section 111 of the Electricity Act, 2003 filed by the appellant Bihar Industries Association against the order dated 15.03.2013