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Mar 28 1962

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

Court : Supreme Court of India

Decided on : Mar-28-1962

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 … an order directing the restoration of the land or the irrigation work to its former condition. ...............................................................' 10. Section 7 makes provision for the recovery of the cost of the work by persons who effected them under section … 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

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Apr 23 2015

M.P. Steel Corporation Vs. Commnr. of Central Excise

Court : Supreme Court of India

Decided on : Apr-23-2015

Subject : Land Acquisition

set out in paragraph 21 of Consolidated Engg. Enterprises v. Principal secy., Irrigation Deptt., (2008) 7 SCC169 which reads as follows:- “21. Section 14 of … should be liberally construed to advance the cause of justice - see: Shakti Tubes Ltd. v. State of Bihar, (2009) 1 SCC786and the judgments cited therein. Obviously, the context of Section 14 would require that the term … in filing an appeal filed to the Collector (Appeals) inasmuch as vide Section 29 (2) of the Limitation Act Section 14 of the Limitation Act would also apply to Tribunals set up under special or local Acts. According

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Feb 09 1996

State of Bihar Vs. Shri K.M. Zuberi and Others

Court : Supreme Court of India

Decided on : Feb-09-1996

Subject : PropertyFamily

Acts : Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1962 - Sections 2; Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961; Chotanagpur Tenancy Act, 1908 - Sections 3, 4 and 5; Bihar Bhoodan Yagna Act, 1954 - Sections 6, 7, 10, 11 and 15

Reported in : 1996IIAD(SC)205; AIR1996SC1496; 1996(2)BLJR1251; JT1996(2)SC368; 1996(4)KarLJ594; 1996(2)SCALE182; (1996)9SCC171; [1996]2SCR376; 1996(1)LC768(SC)

law applicable to the family has to be taken into consideration for the determination of its holding under the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961, despite the insertion of Clause … 6.0705 hectares of land irrigated or capable of being irrigated by flow irrigation work or tube-wells or lift irrigation which are constructed, maintained, improved or … a return to the Collector of the District where they originally reside indicating the particulars as mentioned therein.10. Section 7 authorises the Collector to obtain necessary information if a ceiling surplus holder fails to submit return under Section … the second question is concerned, it would be appropriate for us to examine the relevant provisions of the Act. Section 2(aaa) defines 'ceiling area' to mean the area of land fixed under Section 4 as the ceiling area.'Family'

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Apr 28 2016

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

Court : Karnataka Dharwad

Decided on : Apr-28-2016

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 … in accordance with law, no interference is called for by this Court. 7. The respondents/State Government while filing additional statement of objections contended that the … 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

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May 18 2010

Ashok Kumar Todi Vs. Kishwar Jahan and ors.

Court : Kolkata

Decided on : May-18-2010

Subject : Criminal

Acts : Special Marriage Act, 1954 - Sections 3 and 11; ;Commissions of Inquiry Act, 1952 - Section 3; ;Delhi Special Police Establishment Act; ;Code of Criminal Procedure (CrPC) , 1861 - Section 139; ;Code of Criminal Procedure (CrPC) , 1872 - Section 112; ;Code of Criminal Procedure (CrPC) , 1973 - Sections 41(1), 154, 154(1), 154(3), 156, 156(1), 157, 169, 173, 174, 175 and 190; ;Indian Penal Code (IPC) - Section 302; ;Constitution of India - Articles 12, 14, 20(2), 21, 32, 144 and 226

Reported in : AIR2011SC1254

India and Ors. reported in : (1996) 11 SCC 582; 4. Minu Kumari and Anr. v. State of Bihar and Ors. reported in (2006) 4 SCC 667; 5. Common Cause, A Registered Society v. Union of India … 171; 13. A.R. Antulay v. R.S. Nayak and Anr. reportedin : (1988) 2 SCC 602; 14. Secretary, Minor Irrigation & Rural Engineering Services, U.P. and Ors. v. Sahngoo Ram Arya and Anr. reported in : (2002) 5 … conscionable justice be done; c) A Declaration do issue declaring that the acts and/or actions as complained in the petition against Respondent Nos. 4 to … Kumar, DC, DD I; Sri Sukanti Chakraborty, Assistant Commissioner of Police (Anti-Rowdy Section) Lal Bazaar and Krishnendu Das, Sub-Inspector, Anti-Rowdy Section be forthwith be handed … and 2 of these appeals (except MAT No. 713 of 2008) filed a writ-application before a learned

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Aug 20 2004

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

Court : Jharkhand

Decided on : Aug-20-2004

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 … 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

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Feb 16 2018

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

Court : Supreme Court of India

Decided on : Feb-16-2018

Subject : Education

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 … hand, the agreements in question relate to the sphere of water sharing, irrigation, etc. and have nothing to do, even remotely, with the concept of … To bolster the said stand, he has relied upon the language employed in Section 3 of the 1956 Act. Section 3 of the 1956 Act reads as follows:- ―3. Complaints by State Governments as to water disputes.-If it … the said agreement to continue and further, the agreement was not denounced as required under the proviso to Section 7(1)(c) of the 1947 Act. Though we have referred to the ―Standstill Agreement‖ and quoted a portion of it,

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Nov 22 2013

State of Jharkhand and anr Vs. Harihar Yadav and ors.

Court : Supreme Court of India

Decided on : Nov-22-2013

Subject : Land Acquisition

and nonchalantly shifting the burden to other’s shoulder and ultimately arguing in chorus that Jharkhand Hill Area Lift Irrigation Corporation (JHALCO) and Bihar Hill Area Lift Irrigation Corporation (BHALCO) being companies registered under the Companies Act, 1956, … area of operation was also in the State of Jharkhand only, therefore, under Sections 47(1) and 56 of the Bihar Reorganisation Act, 2000, BHALCO is a corporation of the Government of Jharkhand with all its liabilities and assets. … of the people by securing social and economic justice to the weaker sections.7. In D.S. Nakara v. Union of India[4]., the court stated that the

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Nov 23 2007

Damodar Valley Corporation Vs. Central Electricity Regulatory

Court : Appellate Tribunal for Electricity APTEL

Decided on : Nov-23-2007

Subject : MRTP

the establishment and regulation of DVC for the development of the Damodar Valley consisting of certain provinces of Bihar (presently Jharkhand) and West Bengal. The provisions of the DVC Act impose various obligations on the DVC in … the Act of 2003: Section of the DVC Dealing with subject Section 32 Expenditure on objects other than irrigation, Power and flood control. Section 33 Allocation of expenditure chargeable to project on main objects, namely irrigation, power … connection with the aforesaid question, it is relevant to look at Section 79 of the Act of 2003. Section 79 of the Act of 2003,

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Nov 27 1991

M. Srinivasulu Reddy Vs. State Inspector of Police, Anti Corruption Bu ...

Court : Andhra Pradesh

Decided on : Nov-27-1991

Subject : Criminal

Acts : Indian Penal Code (IPC), 1860 - Sections 34, 120-B, 420, 477-A; Prevention of Corruption Act - Sections 5(1) and 5(2)

Reported in : 1991(3)ALT542; 1993CriLJ558

of Bihar v. Rani Sonabati Kumari, : [1961]1SCR728 while dealing with a Notification issued under section 3(1) of the Bihar Land Reforms Act issued in the name of the Governor and authenticated as prescribed by Art. 166(3) the … moved in the Andhra Pradesh Legislative Assembly in 1981 regarding the execution of jungle clearance works in the Irrigation Circle, Nellore District, allegating that works costing more than 60 lakh rupees were entrusted to the contractors without … IPC r/w 34 of the Indian Penal Code and within my cognizance.' 7. In support of the above charges, the prosecution examined P.Ws. 1 to

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