Advanced Search Results

Krishi Upaj Mandi Samiti Vs. Ms. Shiv Shakti Khansari Udyog and Others

Court : Supreme Court of India

Subject : ElectionConstitution

Acts : Madhya Pradesh Krishi Upaj Mandi Adhiniyam, 1972 - Section 19, 36, 19(1), 5(1)(a), 5(1)(b), 5(2), 7(1)(2)(3), 36(4), 37(1), 37(2)(a), 38(1, 39, 43(1), 44; Madhya Pradesh Sugarcane (Regulation of Supply and Purchase) Act, 1958 - Sections 12, 13, 14, 15, 16, 19 (2), 20, 21, 22, 2, 3, 4, 5, 8, 30; Essential Commodities Act, 1955 - Section 3, 6; Sugarcane (Control) Order - Clauses (3), (4), (5), (5A) (6); Bihar Agricultural Produce Markets Act, 1960 - Section 15, 3(1), 42; Bihar Sugarcane Act, 1981 ; Punjab Village Common Lands (Regulation) Act, 1953 - Section 3(a); Constitution Of India - Article 254(2), 31(3), 31-A, 254(2), 304,; Madhya Pradesh Sugarcane (Regulation of Supply and Purchase) Rules, 1959 - Rules 2(f), 35, 36, 40, 41, 43

1961 SC 823, Janardan Pillai v. Union of India (1981) 2 SCC 45, M/s. Hoechst Pharmaceuticals Ltd. and others v. State of Bihar 1983 (4) … interpretation of the provisions of the Sugarcane Act and the Market Act because there is significant difference between the Bihar Acts and the Madhya Pradesh Acts. Shri Tankha emphasized that the Market Act and the Sugarcane Act operate … all its essentials such as cane varieties, cane-seed, sowing programme, fertilizers and manures; to undertake the development of irrigation and other agricultural facilities in the zone; etc. Section 8 lays down that there shall be a fund … declare varieties of cane which are unsuitable for use in the factories. Chapter IV contains miscellaneous provisions including Section 30 under which the State Government

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 … such works and to facilitate and regulate their construction, extension and alteration.' 4. The repairs and improvement of Irrigation Works are dealt with in Ch. … 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

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 … said certificate which was published in Notification No. 43/3/50-Judicial dated March 11, 1950 read as follows:that the

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 … Market Act. In short, the invocation of Section 3 read with Section 4 of the Market Act was totally misconceived and uncalled for. It was … 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

The Deputy Commissioner And Vs. M/S S v Global Mill Limited

Court : Karnataka

Subject : Land Acquisition

VAT Act states that in computing the period of limitation under that Chapter, the provisions of Sections 4 and 12 of the Limitation Act, 1963 … the provisions of Arbitration Act which also contains a provision similar to Section 74 of 2013 Act.47. In Bihar Industrial Area Development Authority vs. The State of Bihar, the Collector, Patna and others, [First Appeal No.96/2016, D.D. … SCC77 (Good Earth Steels), also follows earlier judgment in Punjab Fibres Limited.34. Consolidated Engineering Enterprises vs. Prl. Secretary, Irrigation Department, [(2008) 7 SCC169, (Consolidated Engineering Enterprises), is another judgment of a three Judge Bench of the Honble

The Association of Independent Schools, Bihar and ors. Vs. State of Bi ...

Court : Patna

Subject : Constitution

Acts : Constitution of India - Articles 14, 19(1), 21, 25, 243-ZG and 300-A; Evidence Act, 1872 - Sections 115; Indian Penal Code (IPC), 1860 - Sections 442 and 443

Agriculture, including agricultural extension, 2. Land improvement, implementation of land reforms land consolidation and soil conservation, 3. Minor irrigation, water management and watershed development, 4. Animal husbandary, dairying and poultry, 5. Fishes, 6. Social forestry and farm … XI of the Constitution of India. They are institutions of self Government and their functions are prescribed under the Bihar Panchayat Raj Act, 1993. 2. To hold this all-panchayat-convention, schools and colleges and institutions of higher education have … been revived to play their part, locally, as laid down in the chapter, the Panchayat, Part XI of the Constitution of India. They are institutions

Kulwant Singh and ors. Vs. State of Punjab

Court : Supreme Court of India

Subject : Criminal

Acts : Indian Penal Code (IPC) - Sections 96 to 106, 148, 149, 302 and 323; Code of Criminal Procedure (CrPC) - Sections 161; Evidence Act, 1872 - Sections 32

Reported in : JT2003(1)SC583; RLW2004(1)SC128; 2004(2)SCALE32; (2004)9SCC257

unmistakable terms shows that the condition of Partap Singh was very serious.39. In Ramawati Devi v. State of Bihar : 1983CriLJ221 , this Court observed :'...A statement, written or oral, made by a person who is dead … agricultural lands. The parties had disputes both as regard boundaries of their agricultural land as also as regard irrigation of their respective field. On the day of the incident, Kartar Kaur (deceased) brought food for her sons … after seeing unarmed Kartar Kaur and Partap Singh having been seriously injured.51. Chapter IV of the Indian Penal Code provides for the general exceptions. Sections … 6) on the back of his right hand. 4. It stand admitted that in the aforementioned incident, … treated to be a dying declaration.35. Section 32 of the Indian Evidence Act, 1872 nowhere states that the dying declaration must be recorded in the

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 … is a case of tax on land which is covered by Entry 49 of List-II of 7th Schedule of the Constitution.16. What constitutes 'tax on

Mihir Kumar Jha Vs. State of Bihar and ors.

Court : Patna

Subject : Tenancy

mutated in the record of the Anchal Office and the petitioner paid that rent to the State of Bihar since 1982. It was further stated that after the settlement and delivery of possession the petitioner reclaimed the … of possession the petitioner reclaimed the entire waste land at his own cost and dug a well for irrigation purposes which was sanctioned by the Block Development Officer and the petitioner, was given subsidy for the purpose. … caste notified by the State Government under Clause (i) of Section 4;7. Chapter IV of the said Act lays down provision of the Settlement of … 1 of 1984-85. The Commissioner, Bhagalpur admitted the appeal and stayed further action by an order dated 9.4.1984. The appear was transferred to the Commissioner,

Subramanian, S/O. Parangodankutty Vs. the State of Kerala,

Court : Kerala

Subject : Environment

Acts : Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001 - Sections 2, 3, 4, 9, 11, 12, 13, 15, 16, 17, 17(5) and 23; Mines and Minerals (Development and Regulation) Act, 1957 - Sections 2, 4, 4A, 4(1A), 5 to 13, 14, 15, 21, 21(1), 21(1A), 21(5), 22, 23A, 23 and 23C; Bihar Land Reforms Act - Sections 10, 10A and 10(2); Forest Act; Abkari Act; Code of Civil Procedure (CPC) - Sections 115; Constitution of India - Article 254, 254(1) and 254(2); Kerala Minor Mineral Concession Rules, 1967 - Rules 27, 27(1), 27(2), 27(3), 28, 28(1), 48, 48A, 48K, 58 and 60A; Bihar Land Reforms Rules

Reported in : 2009(1)KLT77

river beds.43. Regulation of river banks and river beds is necessary for the 'upkeep of the biophysical environment'. Chapter 4 of the Act is an integral part of a pro-active measure to see that a river continues to … have only reaffirmed the principles eloquently laid down in Baijnath. Baijnath considered the validity of Section 10A of the Bihar Land Reforms Act, brought about by an amendment in the year 1963. The second proviso to Section 10(2) … local self-government or village administration.17. Water, that is to say, water supplies, irrigation and canals, drainage and embankments, water storage and water power subject to