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
..... 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
..... 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
..... 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
..... 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
..... that the state government may, by notification and subject to such conditions or restrictions as it may impose, exempt from sales tax or purchase tax certain sales or purchases as the case may be. the question of exemption arises only when there is a liability. exigibility to tax is not the ..... to submit its project before the commencement of work, in case of small scale industrial unit - to the general manager, district industries centre, managing director, industrial area development authority & concerned circle in-charge, commercial taxes department, and in case of medium & large scale industrial unit - to the director, director of industries, ..... september, 1995 to 31st august, 2000; and such industrial units which have got license/registration certificate from the competent authority of the industries department/industrial area development authority/directorate of industries & government of india;(b) merely by changing the proprietorship or firm's name, a unit will not be deemed to .....
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
..... 97 declaring her false income from dairy farming and agriculture, in order to aid her husband sri lalu prasad to account for his unexplained pecuniary resources in the acquisition of aforesaid assets. the income-tax authorities have found that smt. rabri devi did not have any such income of her own from dairy farming prior to ..... the months of october/ november, 1996 filed income-tax returns for the first time for the assessment years 1986-87 to 1996-97 in one bunch declaring certain incomes belatedly from dairy farming and agriculture, which were found to be an afterthought in order to aid and enable her husband sri prasad to account for his ..... devi, petitioner in cr. misc. no. 14895/2000.2. before we deal with the respective contentions of the parties, it would be appropriate to take note of certain relevant facts. on 19th february, 1996, the state government in supersession of all previous notifications issued a notification under section 6 of the delhi special police establishment act, .....
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 .....
Tag this Judgment!Court : Patna
..... the provisions and no uniform rule could be laid down. the legislature in india have been held to possess widepower of legislation subject, however, to certain limitations such as the legislaturecannot delegate essential legislative functions which consists in the determinationor choosing of the legislative policy and of formally enacting that policy into ..... act and a notification is issued under section 4 of the act with regard to agricultural produce included in the schedule with regard to specified market area or areas. admittedly, no procedure as provided under sections 3 and 4 of the act has been taken and no notification has been issued under section ( ..... under section 3. once the notification is issuedunder sub-section (1) of section 4, no municipality or other local authority, or otherperson, within the market area, or within a distance specified therein will set up anyestablishment for the purpose of sale, purchase, stores or processing of anyagricultural produce so notified, except .....
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