Court : Patna
..... full bench decisions of the calcutta high court and lahore high court, wherein contrary view has been taken (see (1907) 34 cal 954: ijjatulla bhuyan v. chandar mohan banerjee and air 1934 lah 488: kalu ram v. hanwant ram). so far as full bench decisions in the case of ijjatullah bhuyan and kalu ram (supra) are concerned, learned advocate general ..... the district judge. the lower appellate court relying upon the decision of the full bench of this court in the case of deonath missir v. chandraman missir reported in air 1958 pat 430 held that the forum of the appeal is to be determined according to the valuation given in the plaint and not according to the amount for which ..... value of less than rs. 60,000/- is to be entertained by the district judge. this amendment came into force with effect from 8-8-1987.10. the suit for accounts is governed by section 7(iv)(f) of the court-fees act, 1870. according to which the computation of fees payable in suits for accounts shall be according to the amount .....
Tag this Judgment!Court : Patna
..... judge would not oust the competence or jurisdiction of the court of 8th subordinate judge, to make such an order. 11. in kumbha mawji v. dominion of india, air 1953 supreme court 313, the parties had referred the dispute to two arbitrators and ultimately to an umpire. the umpire made the awards and made over them, in original, ..... be 'reference' in the matter of arbitration. 'the point stands settled in view of the decision of the apex court in union of india v. surjit singh alwal, air 1970 supreme court 189.9. the facts, briefly narrated above hardly leave any room for doubt that the reference of dispute in the present case was under chapter ii ..... court. the supreme court in view of the provisions of section 31(4) of the act, which provides at page 317. 'notwithstanding anything contained elsewhere in this act or in any other law for the lime being in force, wherein any reference any application under this act has been made in a court competent to entertain it, that court alone shall have .....
Tag this Judgment!Court : Patna
..... of the supreme court would be binding on the parties where it says that the taxation act is a regulatory measure imposing compensatory taxes. the present motor vehicle taxation act has come into force in the year 1994. the provisions of the act certainly are regulatory measures imposing compensatory taxes. 31. learned counsel for the petitioner has ..... rightly rejected. 28. in the matter of bolani ores ltd. v. state of orissa, air 1975 sc 17 the supreme court was considering the question relating to the nature of the tax. it observed that the bihar taxation act is a regulatory measure imposing compensatory taxes for the purpose of raising revenue to meet the ..... placed his strong reliance on a judgment of the supreme court in the matter of excel wear v. union of india, air 1979 sc 25. in .....
Tag this Judgment!Court : Patna
..... subsequently question of sanction, for prosecution of public servant came up for consideration by the supreme court in the case of r.s. nayak v. a.r. antulay, air 1984 sc 684, a constitution bench consisting of five hon'ble judges considered the question zraised and answered the same as follows :--question no. 1 :--what is the ..... for the petitioners next placed reliance on the judgment of the supreme court in the case of the siemens engineering and . v. the union of india and anr., air 1976 sc 1785. in this case, the supreme court was concerned as to the correctness of the amount of import duty chargeable on the goods imported. the original ..... anti-corruption law more effective by widening their coverage and by strengthening the provisions, the 1947 act was repealed and the 1988 act was brought in force and sections 161 to 165(a) of the indian penal code were omitted. the prevention of corruption act, 1988 became a complete code in relation to public servants. chapter iii of the 1988 .....
Tag this Judgment!Court : Patna
..... called to pacify him. the r.o. has also clearly stated that videography of the entire counting process was being taken. if it was so that the paramilitary forces were unnecessarily present in an unauthorised manner in the counting hall, the petitioner should have made a prayer for calling for and exhibiting the videograph in order to ..... the returning officer of the parliamentary constituency and the r.o. examined on commission have categorically denied it, it has been stated by them that the police force and para-military forces were deployed for maintaining law and order during counting, no doubt, but it was for the purpose of maintaining law and order and they were deputed ..... same also, therefore, cannot be ordered. 32. in another case dr. jagjit singh v. giani kartar singh, reported in air 1966 sc 773 it has been observed by their lordships that (at page 783) : 'section 92 of the act which defines the powers of the tribunal, in terms, confers on it, by clause (a), the powers which are .....
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..... laloo prasad yadav phuldeo prasad yadav high school had been cancelled by the board itself, plea the based on discrimination against the petitioners school lost its force. the petitioners cannot complain that the students of any other school were permitted to fill up their forms and deposit fees after the last date prescribed ..... board examination. he was not aware whether under the act or the regulations he had power to order 'tagging' of unrecognised schools with recognised schools. he further admitted that normally he did not pass tagging orders ..... a provision for 'tagging' of private schools with recognised schools as per the instruction of the government. he had not seen any provision in the act or the regulations providing for 'tagging' of private institutions with recognised schools for the purpose of permitting the students of unrecognised schools to take the secondary .....
Tag this Judgment!Court : Patna
..... filing a partition suit.8. learned counsel for the opposite parties further stated that since the deed in question was of a date much prior to the coming into force of the act in 1988 and no claim for getting it declared as a benami transaction having been raised in the plaint, there was neither any occasion for payment of ad-valcrem ..... the said provision. in the instant case, the deeds in question are of the years 1956 and 1965 i.e. much prior to the coming into force of the act. but the suit was filed much thereafter in the year 2003. hence, neither the plaintiffs nor the defendants can be legally allowed to raise the question of benami transaction ..... patna 17, and another decision in case of kaulasan singh and ors. v. ramdut singh and ors. reported in air 1951 patna, 633. with respect to the question of bar as provided under the act is concerned, he relied upon another decision of this court in case of rameshwar mistry and anr. v. babulal mistry reported in : air1991pat53 , in which it .....
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..... it is obvious that conducting a survey over an expensive area like a district will require deployment of massive work force and would be an expensive affair. it appears to me that it is primarily for the state government, in exercise ..... petitioners that the state government had taken the decision to survey the district in question by its notification dated 24.8.1950 (annexure-8). it is , therefore, submitted that the state of bihar cannot be permitted to resile from its decision ..... a similar manner. he relies on the judgments reported in mahendra lal jaini v. state of uttar pradesh and ors., air 1963 sc page 1019 (paragraph-30), the division bench judgment of this court reported in patna high court ministerial officers ..... recommending a fixed boundary in river ganga the decision of the prime minister based on the recommendations led to the central act providing a permanent solution to the perennial problem.3. thereafter interested persons including the petitioners have been agitating for survey .....
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..... the chargesheet. the decision relied upon by the learned counsel appearing for the state in the case of state of maharashtra v. sharadchandravinayak dongre, 1996 plr (sc) 230: (air 1995 sc 231) does not apply in the facts and circumstances of the case.10. having regard to the decision referred to above, i am, therefore, of the view ..... who have been charge-sheeted. in support of his contention, learned counsel relied upon a decision in raj kishore prasad v. state of bihar, 1996 cr lj 2523 : air 1996 sc 1931.4. on the other hand, mr. shiv shankar prasad sinha, learned counsel appearing for the state submitted that it is not a case where at the ..... warishnagar p.s. case no. 71 of 1996 and started investigation. the police after full investigation, submitted charge sheet under sections 302/34 ipc and 27 of the arms act against two persons, namely, harishchandra rai and chande rai. the petitioners' case is that the superintendent of police, samastipur, and the d.i.g. himself investigated into the .....
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..... as such the same cannot be given effect to. the result is that earlier exemption granted in 1994 vide annexure-4 shall remain in force. 2) the forest act and the transit rules framed thereunder are applicable only in cases of government forest and it has no application to the limbers and forest produce grown on the ..... of the government. 17. similar question came for consideration before the division bench of orissa high court in the case of kasi prasad sahu v. state of orissa, air 1963 orissa 24, wherein the orissa timberand forest produce transit rules, 1958 was challenged on the ground that the said transit rules applies only to the timber and forest ..... the central government had prescribed forms for application for obtaining permits and the conditions under which permits can be obtained. it was held as follows :-- (at p. 468 of air) 'in the present control order there is no such provision as existed in the u. p. coal control order. provisions of that control order bear no analogy to the .....
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