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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 … not. 17. We shall first proceed to consider the place of section 5A in the scheme of the Act. Section 3(a) deals with the same type of cases as that dealt with by section 5A, viz., that the

Rattan India Power Limited Vs. The State of Maharashtra through the Ch ...

Court : Mumbai Nagpur

Subject : Land Acquisition

at (1996) 6 SCC 22 and in the case of M/s. Radhakrishna Agarwal and Ors. vs. State of Bihar and Ors., reported at (1997) 3 SCC 457. 34. The judgment in the case of M/s. Mahabir Jute … need of filing a Civil Suit, he invites attention to the provisions of Section 58(6) of the Maharashtra Irrigation Act, 1976, (XXXVIII of 1976) and submits that water is made available to the petitioner under that provision. The

Sheonandan Paswan Vs. State of Bihar and ors.

Court : Supreme Court of India

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 2, 24, 24(8), 25, 209(1), 209(2), 253(1), 253(2), 302, 306(4), 321, 417, 435, 436 and 439; Prevention of Corruption Act, 1947 - Sections 5(1); Indian Penal Code (IPC) - Sections 24, 25, 109, 120B, 121A, 147, 148, 149, 307, 324, 417, 420, 463, 464, 466, 471; Constitution of India - Article 136

Reported in : AIR1983SC1125; AIR1983SC194; 1983(0)BLJR645; 1983CriLJ348; 1984(1)Crimes147(SC); 1982(2)SCALE1241; 1983(2)SCALE126; (1983)1SCC438; (1983)4SCC104; [1983]2SCR61

Dr. Jagan Nath Mishra, then an M.L.C. and who subsequently became a Minister and the Chief Minister in the Bihar Cabinet helped the Bank and its Chairman (N.K. Sinha being his close associate and confidant) in several ways … the Court. But before the A.P.P. could file the complaint, Respondent No. 2 (Jagan Nath Mishra, Agriculture and Irrigation Minister) wrote a buff-sheet note dated 24.1.1975 asking the Secretary, Co-operation to send the concerned file along with … appellant is challenging the withdrawal from the prosecution of Respondents Nos. 2, 3 and 4 in a criminal case under Section 321 of the Criminal … 5(1)(b) and 5(1)(d) read with Section 5(2) of the Prevention of Corruption Act, 1947. Inter alia, the gravamen of the charge against the respondent No.

Tata Iron and Steel Company Ltd. and anr. Vs. State of Bihar and ors.

Court : Jharkhand

Subject : ConstitutionOther Taxes

Acts : Bihar Land Reforms Act; Constitution of India - Article 226; Easements Act, 1882 - Sections 2; Bihar Irrigation Act, 1997; Bengal Irrigation Act, 1876

Reported in : 2004(3)BLJR1948; [2004(4)JCR158(Jhr)]

enact laws in terms of Entry 17 of List II of the Seventh Schedule. But the enactment, namely the Bihar Irrigation Act, 1997 (Act 11 of 1998) has been brought into force only on 6.7.1998 and the said enactment does … and has imposed a charge only at a reasonable rate of Rs. 3/- per thousand gallons. The claim of riparian right could not be decided … cannot be decided in this proceeding under Article 226 of the Constitution of India. We cannot also forget Section 2 of the Easements Act, 1882 which saves the right of the Government to regulate the collection, retention

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 … 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 … paid over 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 Government may, by notification, declare that the estates or tenures of a

Bihar Sugar Mills Association and ors. Etc. Etc. Vs. the State of Biha ...

Court : Patna

Subject : Electricity

Acts : Bihar Electricity Duty Act, 1948 - Sections 3(1), 3(2), 3(4), 4 and 5; ;Bihar Electricity Duty (Amendment) Act, 1993; ;Bihar Electricity Duty (Amendment) Act, 2002; ;Delhi Laws Act, 1912; ;U.P Electricity Duty Act, 1952 - Section 3; ;Essential Supplies (Temporary Powers) Act, 1946 - Section 3; ;Calcutta Municipal Act

Reported in : AIR2010Pat29,2010(58)BLJR175

schedule, as amended, is extracted hereunder:THE SCHEDULE(See Section 3) Serial. Premises Rate of dutyNo1 2 31 For agricultural, irrigational 2 paise per unit and industrial purposes of energy.save in respect of its premises used for residentialor office … Misra, C.J.1. In these writ petitions, the primary challenge is to the validity of the provisions contained in Section 3(1) of the Bihar Electricity Duty Act, 1948 (hereinafter referred to as the Act) and also regarding the validity

Reserve Bank of India and ors. Vs. Shri Mihir Chakraborty and ors.

Court : Kolkata

Subject : Trusts and Societies

Acts : Deposit Insurance and Credit Guarantee Corporation Act, 1961 - Section 2; ;West Bengal Cooperative Societies Act, 1983 - Sections 13, 13C, 13D, 13(1), 16, 17, 18, 21, 25, 25(1), 29(2), 30, 30(1), 30(2), 136 and 145; ;Bank Regulation Act, 1949; ;Bihar Private Irrigation Works Act, 1992 - Section 5A and 5A(1); ;Bihar Land Reforms Act; ;Constitution of India - Articles 14, 19, 21 and 226; ;West Bengal Cooperative Societies Rules; ;IAS/IPS (Appointment by Promotion) Regulations, 1955 - Regulation 5(5)

repair of the existing irrigation work which may be occasioned by the proceedings commenced by a notice under Section 3 adversely affects or is likely to affect adversely the land which depends on such irrigation work for supply … by the date of this demanded their estates had been taken over by Government under the provisions of the Bihar Land Reforms Act (Act I of 1950) they came forward to question the legality of the demand.21. In

Jagdamba Prasad and ors. Vs. State of Bihar

Court : Patna

Subject : Property

different registered sale-deeds and subsequently their names were mutated in the Register No. 2 of the State of Bihar.5. The land holders petitioners preferred Appeal Nos. 142, 143 and 145 of 1985-86 against their respective original orders, … in the year 1976. It was categorically pleaded by the petitioners before the authorities that there was no irrigational facility in the area as on 9th September, 1970 and even thereafter in the year 1976 and thus … land holders, without notice to them under Section 5(i)(iii) of the Ceiling Act. Further, according to them, though there was nothing on the record to … Pal of C.W.J.C. No. 4304 of 1987. Initially, Land Ceiling Case No. 3/73-74 was started against land holder Thakur Durga Shankar Singh, in which after

Shivappa and Others Vs. The State of Karnataka, rep. by it Secretary a ...

Court : Karnataka Dharwad

Subject : Land Acquisition

vs- Prafulla Churan Law and others [2011(4) SCC 769]; m) Shyman Nandan Prasad and others vs- State of Bihar and others [1993(4) SCC 255]; 14. Per contra, Sri M.R. Naik, learned Advocate General for the State Government-respondent … which was conceived to ensure supply of water to the farmers for irrigation as well as drinking purpose through canal system in the region; that … and 6(1) notification dated 17.03.2014 respectively issued by the respondent no.2 and 3 in so far as petitioner s land is concerned (Annexures-C and D). … to the same. However, the acquiring authority invoking the emergency provision under Section 17(1) and (4) of the Act, Section 5-A enquiry was dispensed with. It is further stated that in pursuance of notification under Section 6(1) of

Niranjan Mahli and anr. Vs. State of Bihar and ors.

Court : Jharkhand

Subject : Tenancy

Acts : Chhotanagpur Tenancy Act, 1908 - Sections 49, 49(5) and 71A

Reported in : 2003(2)BLJR1593; [2003(3)JCR492(Jhr)]

holders of 'Bhuinhari' lands are tenure holders and their interest had not vested even under the provisions of the Bihar Land Reforms Act and that in respect of such tenures, powers under Section 71-A cannot be exercised.15. In … to be a public purpose or for the purposes of manufacture or irrigation, or as building ground for any such purposes, or for access to … of transfer etc. are to be found in Sections 46, 47, 48, 48-A and 240 of the said Act. Section 49, inter alia, provides that notwithstanding anything containing in Sections 46, 47 and 48 a member of a … the instant writ application, the petitioner prays for quashing the order dated 31.3.1990 (Annexure-4) passed by the respondent No. 4 in S.A.R. Appeal No. 2G-R