Court : Patna
..... also means that those who have been deprived of their properties by unconscionable bargaining should be restored their property. all such laws may take the form of forced redistribution of wealth as a means of achieving a fair division of material resources among the members of society or there may be legislative control of unfair ..... back. in any case, such compensatory discrimination beyond the limits of present life and present generation is repugnant to the spirit of constitution as it stands since 1950. it was contended that such compensatory discrimination, if allowed, then the muslims who ruled over india for centuries are to be deprived of their powers, which ..... 1951, was ultimately set at rest in the end of 1992, by the supreme court in indra sawhney v. union of india, air 1993 sc 477.immediately thereafter, by the constitution's (73rd amendment) act, 1992, a new principle of reservation has been laid down under article 243d of constitution of india, in the matter of panchayat .....
Tag this Judgment!Court : Patna
..... intention of exercising control over purchase, sale, storage and processing of agricultural produce in specified area,--(1) notwithstanding anything to the contrary contained in any other act for the time being in force, the state government may, by notification, declare its intention of regulating the purchase, sale, storage and processing of such agricultural produce and in such ..... to discover a dormant or latent legislative policy tosustain an arbitrary power conferred on the executive. these very tests were adopted in ajay kumar banerjee's case (air 1984 sc 1130 : 1984 lab ic 691)(supra) also examine whether there is excessive delegation in framing schemesand reading the preamble, the scheme and the other ..... the questions for consideration, was as to whether the power given to the central government under section 8 of emblems and names (prevention of improper use) act, (1950) to amend the schedule containing the names of the emblems whose improper use was prohibited by section 3 of the .....
Tag this Judgment!Court : Patna
..... elusive and unsafe guide and the supposed spirit can certainly not be given effect to in opposition to the plain language of the section of the act.' see rananjay singh v. baijnath singh reported in air 1954 sc 749 at page 752. 34. francis bennlon in his famous treatise 'statutory interpretation', second edition, butterworths at page 599 has reiterated this principle by ..... mean a final order. this amounts to engrafting an amendment on clear words of the act and which this court refrains from indulging in, so this court cannot approve the decision in the case of pratap chandra dey (supra) reported in air 1997 cal 96. 37. both justice c. k. thakkar speaking for the division bench of gujarat high court in the .....
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..... therefore, it has no liability to pay agricultural development cess. 8. in the counter-affidavit the stand of the respondents is that after coming into force of the bihar land reforms act, 1950 the dispute arose as to whether the petitioner company is an estate and vested in the state of bihar. in the year 1961 section 2d was inserted ..... aforementioned case was affirmed by full bench in the case of the western india match co. ltd. v. the deputy collector, cess, bettiah, 1981 pat ljr 440 : (air 1981 patna s09). thus on consideration i find no substance in the submission of learned counsel for the petitioners. 15. learned counsel for the petitioners next contended that the ..... case of prem lata agarwal v. lakshman prasad gupta, air 1970 sc 1525. moreover, the dues has been acknowledged in clause 12 of the agreement, annexure-1, as well as specific note has been made at the bottom of the schedule acknowledging the dues under the cess act. the demand was made vide letter dated 17-11-1985 .....
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..... shall vote at an election in any constituency if he is subject to any of the disqualifications referred to in section 16 of the representation of the people act, 1950 (43 of 1950).(3) no person shall vote at a general election in more than one constituency of the same class, and if a person votes in more than one ..... the lawful custody of the police;provided that nothing in this sub-section shall apply to a person subjected to preventive detention under any law for the time being in force.'22. the debate before the court is particularly on sub-section (5) of section 62. to understand its true import one needs to understand that this right conferred, ..... that this section was neither discriminatory nor in violation of any constitutional right of a citizen. in an even earlier decision n.p. ponnuswami v. returning officer, namakkal constituency, air 1952 sc 64 at 71, the constitution bench held :-- 'the right to vote or stand as a candidate for election is not a civil right but is a creature .....
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..... rule 4 is the date when such tax is imposed by law.this also does not give rise to uncertainly, because the date on which the act came into force is known and therefore the lax on all motor vehicles in possession of the manufacturer or the dealer on that day and thereafter has to be paid ..... in the appeal before the supreme court. it was in this context that the following observations were made in the aforesaid decision (at p. 28 of air): 'the taxation act is a regulatory measure imposing compensatory taxes for the purpose ofraising revenue to meet the expenditure for making roads, maintaining them and for facilitating the movement and ..... intercourse guaranteed under article 301 of the constitution of india, in view of the judgment of the supreme court in automobiles transport limited v. state of rajasthan air 1962 scc 1406, regulatory measures or measures imposing compensatory taxes for the use of trading facilities do not come within the purview of the restrictions contemplated by article .....
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..... partition and barwardas can not legally be the only criterions to decide the matter of jointness, as in the meantime, the zamindari had been abolished under the bihar land reforms act, 1950 and the new considerations have to be looked into for proper adjudication of the lands. however, there is nothing to show any jointness between the two families nor the intervenors ..... has been filed. in this connection, he relies upon a decision of the hon'ble apex court in the case of anokhe lal v. radhamohan bansal and ors., reported in, air 1997 sc 257. he also submits that even if a proper party intervenes they should not be impleaded by the learned court below merely on surmises and, conjectures.5. on .....
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..... of west bengal v. anwar ali air 1952 sc 75 in support of their plea of impermissible classification without intelligible differentia. in that case the constitutional validity of west bengal special courts act 1950 arose for determination before supreme court. the preamble of that act declared the purpose of the act to be- to provide for the ..... the property is subsequently confiscated under section-15. similarly, it was pointed out that under section-18 the authorized officer has been empowered to take forceful possession of the confiscated property which is likely to result in being thrown out on the street from dwelling units unless the market price of the ..... occupied by the delinquent/accused prior to final determination of guilt in course of trial for the offence. as noticed, section-18 of the act authorizes taking forceful possession of the property if the delinquent refuses or fails to comply with the order for handing over possession of the confiscated property. this provision .....
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..... procedure for the trial of the suits and the decision taken by the revenue officer will be, as if, have the force and effect of a decree of a civil court in a suit between the parties and the appeal is provided before the ..... court in the case of nand kumar rai v. state of bihar, reported in air 1974 patna 174.25. the suit has not been defined in the act but in the limitation act section 2(1) defines the suit which says the suit does not include an appeal ..... in suits, appeals and applications in schedule iii.-- (1) the suits, appeals, (proceedings) and applications specified in schedule iii annexed to this act shall be instituted and made within the time prescribed in that schedule for them respectively; and every such suit, (appeal or proceeding) instituted, ..... the rules made by the state government under the act adopt the procedure laid down in the code of civil procedure for the trial of the suit and his decision in such proceeding shall have the force and effect of a decree of a civil court .....
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..... the case of mst. rafiquennessa 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 allowing the appellant ..... non-existent after coming into force of 1988 act. after referring to the provisions of section 217 of the 1988 act read with section 6 of the 1897 act it was heldthat the reasoning given in the decision in brihan maharashtra sugar syndicate ltd. v. janardan ramchandra kulkarni, (1960) 3 scr 85 (corresponding to air 1960 sc 704 squarely applies ..... such deposit to be made came into force. in this connection reliance is also placed on section 217(4) of the 1988 act and section 6 of the 1897 act referred to above. in this connection reliance is placed on the following decisions; h.k. dada (india) ltd. v. state of m. p., air 1953 sc 221; state of bombay .....
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