Court : Patna
..... of the impugned provisions runs counter to the provisions in the act and amounts to acquisition of certain rights of affected raiyats in respect of use of their land which such raiyats have enjoyed in the past. such acquisition of some rights in respect of use of land is implicit but clear. instead of ..... towards socio-economic legislation. at times, in case of economic legislation, the courts feel more inclined to judicial deference to legislative judgment than any other areas, where, fundamental human rights and larger public interests are involved.(8) the courts are also not concerned with the need or propriety of legislations. the ..... suffer from unguided and excessive delegation of legislative function amounting to abdication of legislative function which is impermissible in law; (v) enhanced rent in urban areas amounts to effective double taxation by enabling substantial rent for the market value of land whereas municipal authorities are also entitled to levy taxes on the valuation .....
Tag this Judgment!Court : Patna
..... in cases covered by rule 12(1) hereinafter.(emphasis added)8. this takes us to rule 12 which as noted above, provides for some preferential rights subject to certain conditions. originally the preferential rights were available to government departments. public sector undertakings and local bodies. by an amendment introduced on 16.10.1989 co-operative societies ..... and 8.5. rule 10 provides for the acknowledgment and rule 11 for the disposal of the application. rule 12 provides for some preferential rights subject to certain conditions. rule 20 provides for refusal of an application for grant and renewal of mining lease. the other rules in the chapter provide for the conditions for the ..... or homestead land;provided that the society undertakes in writing to deposit an amount which is 20% higher than the amount realised as royalty from the same area in the calendar year immediately preceding.12. it is of utmost importance to note here that any preference under rule 11-c must be subject to the .....
Tag this Judgment!Court : Patna
..... and pepper plantations, plants capable of yielding produce are to be counted and then the hectares are determined by dividing the total number of plants by a certain figure. this is intended to equalise the different plantations for purposes of taxability. in the remaining two cases the extent of land yielding crop is itself taken ..... and 'industrial holding' respectively. rule 3 provides for classification of holdings and is in the following terms:3. classification of holdings.-(1) the holding in the corporation area shall be classified by the corporation on the following criteria:(a) situation of the holding-(i) holdings on the principal main road,(ii) holdings on the main ..... in the determination of arv. illustrations have been cited to show that under the previous scheme arvs of holdings similarly situated and having approximately the same area were fixed vastly differently and it is sugested that by taking the corporation's staff into collusion many house owners were able to get the arvs .....
Tag this Judgment!Court : Patna
..... noticed, in earlier judgment the offences which are not to be covered by the directions, were enumerated as serial nos. (a) to (m). thereafter, their lordships have added certain more offences which are from serial nos. (n) to (r). number (q) speaks of offences under section 304a ipc or any offences pertaining to rash and negligent act ..... bail but are in jail for a period of six months or more, the concerned criminal courts shall release the accused on bail or on personal bond subject to certain conditions. thus, in my view, this direction does not mean that the accused who are facing trial for committing any offence under i.p.c. any other ..... were of the view that the very pendency of criminal proceedings for long period by itself operates as an engine of oppression. considering various circumstances their lordships have given certain directions which shall be valid for all states and the union territories. in the present case we are concerned with some of its directions and direction no. 1( .....
Tag this Judgment!Court : Patna
..... subordinates to file affidavits at the high court. in a matter relating to the subject of untouchability, one district magistrate, rather inexplicably, asked his land acquisition officer to file his response. why is the district administration running away from a constitutional mandate? it is also to be mentioned here that the first five ..... carcasses of dead animals. it is much more, though these 'unclean' occupations have sometimes been mentioned as some sort of logic for the isolation of certain groups of people from society. slavery could be attributed to having its origins in exploitation for economic reasons. origins of untouchability cannot be traced so easily. ..... due to absence of linkage with the law.no special curriculum was developed for training of scavengers though it was recognized that occupational shift in tow-skill areas would require special measures. on receipt of the survey results from the states, the ministry fixed the targets for training during the ninth plan period ( .....
Tag this Judgment!Court : Patna
..... necessary implication, even if it amounts to giving retrospective effect. 13. in this context i may refer to some decisions of the supreme court which havelaid down certain principles regarding interpretation of statutes particularly those relating to beneficial and welfare legislations. (i) welfare statute requires liberal con- . struction. statutes made for public good ..... though there are differences of opinion as to whether its adoption should be entirely optional or whether, in the interests of uniformity, its adoption within a certain period of time should be obligatory.' as originally enacted this, 1939 act provided as follows: chapter i provided for preliminary. chapter ii relates to licensing ..... v. lal bahadur chetri, air 1964 sc 1511 the supreme court was dealing with the assam non-agricultural urban areas tenancy act. in that case by section 5 of the said act certain protection was given to the tenants. when the said act came into force, an appeal was pending against the decree .....
Tag this Judgment!Court : Patna
..... prescribed period'. in my view. rule 4 of the taxation rules answers the question by providing that the due date for payment of tax is the date of acquisition of vehicle, or the date when such tax is imposed by law. the period during which this tax must be paid without incurring liability for penalty is the ..... with the declaration delivered to him. to satisfy himself, he can obviously make inquiries from the manufacturer or the dealer filing the declaration before him. it is certainly within his jurisdiction to call upon the manufacturer to disclose number of vehicles manufactured in a financial year with a view to ascertain as to whether the lax ..... is also without force. under section 3 of the impugned taxation act, the state government is authorised to appoint taxing officers to exercise and perform, within such areas as may be specified in the notification, the powers and duties conferredand imposed on the taxing officer. it is not necessary to provide an elaborate scheme for assessment .....
Tag this Judgment!Court : Patna
..... , and to the following observation (at page 301): 'therefore, in our view, even a dispute as to the validity of the provisions of the act relating to compulsory acquisition or a challenge to the vesting order could raise a dispute as to the 'entitlement' of the person to receive consideration within the period mentioned in sub-section (1) of ..... 3, of the second part. the petitioner is referred to as the land owner and the second party as the developer. the property which is the subject-matter of acquisition has been described as including 'a pucca residential house of the owner with sheds and structures and land appertaining thereto' measuring more or less four kathas and fifteen dhoors ..... the right to use common areas and other vacant portion of the land in which a complex is to come up.15. now, look to the transaction from the angle of the developer.16. he says that he has money to invest for construction of certain building but he has no land. he enters into the transaction with the .....
Tag this Judgment!Court : Patna
..... bound to implement the directive of the board.5. before noticing the submissions of the counsel for the parties it would be appropriate to notice certain provisions of the act, besides those referred to above, having bearing on the authority of the board and its relationship with the market committees. ..... superintendence and control over the working of the market committees and other affairs thereof including programmes undertaken by such market committees for the development of markets and market areas:(ii) giving direction to market committees in general or any market committee in particular with a view to ensure efficiency thereof; (iii)... ... .... ....(iv).... ..... section 2(1)(j) of the act defines 'market committee' to mean 'a committee established under section 6'. section 6 provides that for every market area the state government shall, by notification, establish a market committee. the market committee so established is a body corporate under section 17 having perpetual existence .....
Tag this Judgment!Court : Patna
..... the respondents, has not been initiated under any law. no cognate provision was shown to the court, the like of which exists in the requisitioning and acquisition of immovable property act of 1952. under this enactment, the requisitioning of immovable property can only be for the purposes of the union. the power to requisition ..... as their entitlement by right and an obligation of the panchayat to plan and provide for it. the political right of rural bihar to receive planned development in certain spheres is itemised and listed in the constitution of india. it is article 243g referring to the xi schedule which enlists: 1. agriculture, including agricultural extension, ..... which are about to take place, over which the media otherwise is agog. the action of the state-respondents has affected the educational institutions within the metropolitan area of patna. the event which the petitioners' association is speaking of is a large rally which has been organised at gandhi maidan , patna. the rally is .....
Tag this Judgment!