Court : Patna
..... is that the petitioner, a well known public limited company, is carrying on its business in the industrial town of jamshedpur which had been established on acquisition of various plots of land which have been transferred to the said company by various deeds of conveyance with which this court in this proceeding is not concerned. ..... limb of the said entry expression used is 'any interest in land.' 9. therefore, the demand being a demand on payment of interest on rennt will be certainly included within the sweep of clause 7 of schedule i read with sub-section (6) of section 3 of the said act. therefore, this court is of ..... under section 7 of the bihar public demand recovery act (hereinafter referred to as the said act) has been issued by the certificate officer to the petitioner-company raising certain demands mentioned in the said notice. 2. in order to appreciate the controversy raised between the parties, the following facts may be briefly noted : the admitted position .....
Tag this Judgment!Court : Patna
..... in the following words :-the highest obligations arise on marriage, the maintenance of wife and children is a primary obligation. the second class of obligations arise when a certain person has 'means' and another is 'indigent'. the test appears to be: are you prevented by islamic law from accepting 'alms' if you are, you are ..... specific purpose which motivated the enactment of section 14a and chapter hia of the delhi rent control act would be wholly frustrated if the provision of slum area clearance act requiring permission of competent authority were to prevail over them. therefore, the newly introduced provision of the delhi rent act must hold the field ..... and be given full effect despite anything to the contrary contained in the slum area clearance act. 29. having regard to the facts and circumstances of the' case and the principle of law discussed hereinabove i come to the following conclusion :(i .....
Tag this Judgment!Court : Patna
..... earlier, that would be putting the cart before the horse. it is the earlier reason to believe that justifies the intrusion into the rights of a person and acquisition of knowledge subsequently will not validate seizure made without prior reason to believe. this aspect of the matter has been dealt at length by the division bench judgment in ..... the sentence is imprisonment upto three months with fine that may extend to rs. 1,000/-.30. now we come to section 200 which deals with composition of certain offences. the compensation is authorized either before or after prosecution is instituted by such officer or authorities and for such amount as the state government may direct by notification ..... without the permit required by sub-section (1) of section 66 or in contravention or any condition of such permit relating to the route on which or the area in which or the purpose for which the vehicle may be used, seize and detain the vehicle, in the prescribed manner and for this purpose take or cause .....
Tag this Judgment!Court : Patna
..... in the following words: 'the highest obligations arise on marriage, the maintenance of wife and children is a primary obligation. the second class of obligation arise when a certain person has 'means' and another is' indigent'. the test appears to be: are you prevented by islamic law from accepting 'alms' if you are, you are ..... and specific purpose which motivated the enactment of section 14a and chapter iiia of the delhi rent control act would be wholly frustrated if the provision of slum area clearance act requiring permission of competent authority were to prevail over them. therefore, the newly introduced provision of the delhi rent act must hold the field ..... and be given full effect despite anything to the contrary contained in the slum area clearance act.'29. having regard to the facts and circumstances of the case and the principle of law discussed hereinabove, i come to the following conclusion :'(i .....
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
..... further observed that a liberal approach is adopted on principle as it is realised that: ,'1. ordinarily a litigant does not stand to benefit by lodging an appeal late. land acquisition officer, : [1988]3scr198 , scheduled caste coop. land owning society ltd v. union of india, : air1991sc730 , binod bihari singh v. union of india : air1993sc1245 , ..... delay intentional or otherwise is a routine. considerable delay of procedural red-tape in the process of their making decision is a common feature. therefore, certain amount of altitude is not impermissible. if the appeals brought by the state are lost for such default no person is individually affected but what in ..... acceptability of the explanation is the only criterion. sometimes delay of the shortest range may be euncondonable due to a want of acceptable explanation whereas in certain other cases, delay of a very long range can be condoned as the explanation thereof is satisfactory. once the court accepts the explanation as sufficient, it .....
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..... himatbhai narbheram rao : [1969]2scr392 , the supreme court made it clear that the power of the state to impose reasonable restrictions may extend to prohibiting acquisition, holding or disposal of a commodity if the commodity is lekely to involve grave injury to the health or welfare of the people. this was with ..... in this court in respect of several notifications issued under section 3 of unlawful activities (prevention) act, 1967 (hereinafter referred as 'the said act'), whereby certain organisations were declared as 'unlawful associations' within the meaning of the said act. this particular writ petition has been filed by two petitioners, namely, one ahmad ..... fallibility of legal draftsmanship.'.it is well-settled that the entries in three lists are only legislative heads or fields of legislation and they demarcate the area over which the appropriate legislature can operate. the legislative entries must be given a large and liberal interpretation, the reason being that the allocation of .....
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..... available to the public for reasons of security and law and order. however 'attack' and 'defence' are relative terms and it may be that in certain areas (e.g terrorist affected areas) for self-defence it may be necessary to possess prohibited arms. section 7 makes it clear that there is no absolute prohibition against giving a licence ..... of deprivation in the sense of total loss and that accordingly has no application to the case of mere restriction to the grant of licence for possession and acquisition of firearms, which stands on an entirely different footing from the licence to carry on a trade or occupation.'44. the aforesaid full bench decision of this ..... this change in the words was that the expression 'due process of law' is not specific, while the substituted language, taken from the japanese constitution, was more certain.27. thus we see that the 'due process' clause was specifically and delibe rately excluded from the constitution by the constitution-makers and this fact was noted in .....
Tag this Judgment!Court : Patna
..... him alone with that knowledge or intention'.in this section also the responsibility is shared by each offender individually if the act which is criminal only by reason of certain criminal knowledge or intention is done by each person sharing that knowledge or intention. indeed, this section also was applicable here. under section 37, 'when an ..... during the course of the investigation the police officers superior in rank to the officer incharge of the police station may exercise the same power throughout the local area as may be exercised by such officer within the limits of his station. the officers supervising the case shall prepare a daily note of the supervision in ..... powers of superior officers of police.-police officers superior in rank to an officer in charge of a police station may exercise the same powers, throughout the local area to which they are appointed, as may be exercised by such officer within the limits of his station.paragraph no. 48 of the police manual deals wit .....
Tag this Judgment!Court : Patna
..... and things attached to the earth or permanently fastened to anything attached to the earth ;the definition of 'land' as contained in section 3(a) of the land acquisition act is also reproduced below:3 (a) the expression 'land' includes benefits to arise out of land, and things attached to the earth or permanently fastened to anything ..... a uniformity all over the country in regard to the minerals specified in schedule-i in the matter of royalties and, consequently prices. sri bobde, who appears for certain central government undertakings points out that the prices of their exports are fixed and cannot be escalated with the enhancement of the royalties and, that, if different royalties ..... as under:2 (4) 'coal mining development area' means any area declared to be a coal mining development area under sub-section (1) of section 3 of this act; section 2 (10) defines land as follows:2 (10) 'land' shall have the meaning as assigned to it in section 3 of the land acquisition act, 1894 (act i of 1894) .....
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