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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 … and other cognate matters were placed, before this Bench for final hearing. 5. Though the certificates of fitness granted by the High Court were on … 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

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)

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 … 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 … 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

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

Achyutanand Choudhary (D) Thr. Lrs. Vs. Luxman Mahto and ors.

Court : Supreme Court of India

Subject : Civil

Acts : Bihar Consolidation of Holdings and Prevention of Fragmentation Act, 1956 - Sections 37, 15, 3, 4, 8, 11, 35, 12A; Code of Civil Procedure (CPC) - Section 80,; Bihar Tenancy Act, 1885 - Chapter 10; Chota Nagpur Tenancy Act, 1908 - Chapter 11; Santhal Parganas Settlement Regulation, 1872 ; Bihar Tenants Holdings (Maintenance of Records) Act, 1973

Reported in : (2012)2SCC76

with a map shall be prepared in accordance with the provisions of Chapter X of the Bihar Tenancy Act, 1885 (Act VIII of 1885), or … questions of law regarding the maintainability of the suit in the light of Sections 37 and 15 of the Bihar Consolidation of Holdings and Prevention of Fragmentation Act, 1956. (hereinafter referred to as the Act).5. From the counter … Consolidation.(e) every raiyat is, as far as possible allotted the plot on which exists his private source of irrigation or any other improvement, together with an area in the vicinity equal to the valuation of the plots

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 … or exclude therefrom such areas as may be specified in the notification.Section 5 provides for constitution of Coal Mining Area Development Authority. Section 8, which

Kiran Tandon Vs. Allahabad Development Authority and anr.

Court : Supreme Court of India

Subject : Property

Acts : Land Acquisition Act - Sections 4(1), 6, 6(1), 17, 18, 23(2) and 30; Constitution of India - Article 12; Code of Civil Procedure (CPC) - Sections 11 - Order 1, Rule 10(2); Transfer of Property Act - Sections 105, 108 and 111

Reported in : AIR2004SC2006; [2004(3)JCR133(SC)]; JT2004(3)SC579; 2004(3)SCALE691; (2004)10SCC745; (2004)2UPLBEC1760

order setting aside his election on the ground that he was holder of an office of profit under the Bihar Government and therefore could not have been properly nominated as a candidate stands, he cannot question the finding … potentialities.14. In O. Janardhan Reddy v. Spl. Dy. Collector : AIR1995SC186 it was held that where there are irrigation wells in the land, estimated construction cost of the wells cannot be separately assessed apart from assessment of … of compensation. The learned Addl. District Judge, it seems, lost sight of Chapter V of Transfer of Property Act which deals with leases of immovable … 4 bighas. The preliminary notification under Section 4(1) of the Land Acquisition Act (hereinafter referred to as 'the Act') was published in the Gazette on … the market value of the land was Rs. 500/- per square yard and that the claimant was

M/S. Ambuga Petrochemicals Ltd. Vs. A. P. Pollution Control Board and ...

Court : Andhra Pradesh

Subject : Environment

Acts : Water (Prevention and Control of Pollution) Act, 1974 - Sections 33A; Water (Prevention and Control of Pollution) Amendment Act, 1988 - Sections 33(A); Constitution of India - Articles 249, 250 and 252

Reported in : AIR1997AP41

draft Bill was considered subsequently indetail by a Committee of Ministers of Local Self-Government from the States of Bihar, Madras, Maharashtra, Rajasthan, Haryana , and West Bengal.Having considered the relevant local provisions' existing in the country and … in categorical terms stated that the point of disposal as per the earlier consent is on land for irrigation within Us own premises, within the standards stipulated therein. The respondent-Board is stated to have considered the production … was of insertion of new Sec. 33(A) which reads as follows :'In Chapter V of the principal Act, after Sec. 33, the following section shall … on 4-4-1996 whereunder the petitioner-industry is directed to stop all its industrial activities.2. The petitioner, as at present is allegedly manufacturing two chemicals-- (1) Phthalic … States.The Act was comprehensively 'amended by Amending Act 53 of 1988 to get over some administrative, and

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 … examined in these matters is whether the mining activity in area upto 5 kilometers from the Delhi-Haryana border on the Haryana side of the ridge

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 … duly recognised by the British Crown. There were in India more than 560 States: forty out of those States had treaty relations with the Paramount