Court : Patna
..... widow or a person suffering from blindness, leprosy or paralysis or is a person of unsound mind or a person in the service of the army, navy or air force of the union of india during the period the landlord remains a widow or suffers from blindness, leprosy or paralysis or remains of unsound mind or remains in the ..... occupancy by under-raiyats.- every person who, for a period of twelve years, whether wholly or partly before or after the commencement of the bihar tenancy (amendment) act, 1938 (bihar act 11 of 1938), has continuously held land as an unter-raiyat in any village, whether under a lease or otherwise, shall be deemed to have acquired, on ..... were rejected by order dated 16.11.98 (annexure 1), passed by learned lrdc, raxaul. the present petitioners preferred statutory appeal in terms of section 48f of the act which has been rejected by the impugned order.3. while assailing the validity of the impugned action, learned counsel for the petitioners submits that the two authorities have .....
Tag this Judgment!Court : Patna
..... said view has also been taken in a single judge judgment of the allahabad high court in the case of hoti lal v. state of u.p., reported in air 2002 all 257, where a similar provision like rule 122 was held to be invalid in so fa' as it authorised the authority to determine the pre-election disqualification ..... dealing with such matters. similar question came up for consideration before a constitution bench of the apex court in the case of election commission v. venkata rao, reported in air 1953 s.c. 210. there, prior to election the elected candidate was convicted and sentenced to a term of seven years rigorous imprisonment. he was released on the occasion ..... held within the aforesaid period of three years. the election commission disqualified her under section 139(1)(b) of the act, according to which if a candidate is disqualified by or under any law for the time being in force for the purposes of elections to the legislature of the state, he/she is debarred from contesting the election.in .....
Tag this Judgment!Court : Patna
..... /76-77 levying salami, cases etc. purporting to be under sections 5 and 7 read with section 13 of the bihar land reforms act, 1950 (hereinafter referred to as 'the act') since the date the act came into force i.e., 25-9-1950 and the demand notice dated 21-9-1992 issued by the anchal adhikari, sadar munger, as contained in annexure 14 to the ..... in law, as the same applies to the management of khas mahal estate.24. the competent authority should also bear in mind that the provisions of the bihar land reforms act, 1950 do not contemplate realisation of any salami. it has further to be borne in mind that the fair and equitable rent has to be fixed keeping in view the rent ..... (noc) 45, relying upon the decision of the supreme court in kanpur sugar works ltd. v. state of bihar (supra) as alto the decision of the supreme court reported in air 1973 sc 1130, held that when an ex-landlord has allowed the post office to function on his land without charging any rent, the same is also saved from vesting .....
Tag this Judgment!Court : Patna
..... in either of those lists.list ii-state list(1) public order (but not including the use of any naval, military or air force or any other armed force of the union or of any other force subject to the control of the union or of any contingent or unit thereof in aid of the civil power.4.2. the ..... the high court of madras adjudging section 15(2)(b) of the indian criminal law (amendment) act, 1908, as amended by the indian criminal law amendment (madras) act, 1950, as unconstitutional and void, and quashing government order no. 1517|dated 10th march, 1950, whereby the state government declared a society called the people's education society an unlawful association.the respondent ..... other office-bearer of the society but it was notified in the official gazette as required by the said act.as the madras amendment act was passed on 12-8-1950 during, the pendency of the petition, which was taken up for hearing on 21-8-1950, the issues involved were decided to be determined in the light of the original .....
Tag this Judgment!Court : Patna
..... no. 171/86 r before the learned single judge filed the notification dated 19.2.1955 purported to have been issued under section 3 of the bihar land reforms act, 1950, alongwith and application for adduction of additional evidence under order 41, rule 27 of the code of civil procedure. the said notification was, however, not marked as ..... not been raised before the division bench when the appeals were heard and, therefore, the appellants are barred from failing this plea in this court. we see no force in such a contention as this is not a case of lack of jurisdiction in the ordinary sense of the terms. there is total absence of jurisdiction as that ..... would have been time barred.56. however, sri prasad has reference to the decisions of the gauthti high court in phongsh missav. collector of land acquisition, reported in air 1977 gauhati 47, in support of his contention that reference at the instance of government is not competent. but in paragraph 10 of the judgment, gauhati high court did .....
Tag this Judgment!Court : Patna
..... favour of the defendant, as claimed by them, the right of the plaintiffs can not be taken away by the bar under section 35 of the bihar land reforms act, 1950 for coming to the civil court for declaration of their title, interest and possession over the suit property on the basis of judicial pronouncement made earlier and possession confirmed ..... died in 1962 in jointness under the mitakshara law with his own sons and grand-sons who are the plaintiffs in the suit and after the coming in force of hindu succession act, 1956, the plaintiff no. l to 8 succeeded to madan mahato and the disputed land alongwith other properties of madan mahato continued to be under the ..... it can not be restricted unless there is specific bar under any law for the time being in force.15. section 258 of the chota nagpur tenancy act runs as follows:258. bar to suits in certain cases : -- save as expressly provided in this act, no suit shall be entertained in any court to vary, modify or setaside, either directly or .....
Tag this Judgment!Court : Patna
..... legislature of every state, is vested in the election commission, whereas, the term 'election commission' is defined under section 2(d) of the representation of the people act, 1950 as well as in clause 2(b) of the said order. furthermore, clause 18 of the said order gives all pervasive and vast power to' the commission for ..... imbibed vast and all pervasive power in that regard.24. hence, no fault or illegality can be attributed to the election commission or the returning officer, who acted according to the final decision regarding nomination taken by that political party. initially scrutiny was done by the returning officer on 1-10-2005, but in furtherance thereof ..... parties, for which no provision or insufficient provision is made in the said order for the smooth and orderly conduct of elections.17. section 30 of the act provides that as soon as the notification calling upon a constituency to elect a member or members is issued, the election commission shall, by notification in the official .....
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..... should desire the use of any language spoken by them to be recognised by that state. it is not so herein. the bihar official language act, 1950 came into force in 1950. it is by the amendment act (act 2 of 1981), 'urdu' was adopted as the second official language. it was so declared in 15 districts by annexure-2 and in 13 ..... time. after an exhaustive review of the decisions of the supreme court and other high courts, a bench of the rajasthan high court in hastimal v. state of rajasthan (air 1973 raj 285), at page 288, stated the law thus: '..... it is clear that notwithstanding that violation of a fundamental right is alleged the delay disentitles a petitioner ..... like all matters left to the discretion of the court, in this matter too discretion must be exercised judiciously and reasonably.'in tilokchand motichand v. h. b. munshi (air 1970 sc 898), the supreme court, by majority, held that the court will not inquire into belated and stale claims or take note of evidence of neglect of one .....
Tag this Judgment!Court : Patna
..... disposal of this writ petition, are not in dispute. the bihar hindu religious trust board is a creature of the bihar hindu religious trusts act, 1950 (hereinafter referred to as 'the act') under the act, 1950 the board with a president was envisaged as an elected body. the last such elected board continued in office till functions of the board ..... madan gopal v. district magistrate and : [1975]2scr407 govt. of mysorev. j.v. bhat.23. the other submission urged on behalf of the petitioner also has considerable force, namely, that the state government has failed to record reasons in the notification issued by it superseding the board. we have earlier noticed the words employed by the legislature in ..... exemption, because if that has been the case, the supreme court may have held otherwise.26. he then referred to the judgment of this court, reported in air 1982 patna 1 raghunath pandey and ors. v. the state of bihar, it was submitted that this court held that there was no need to give notice in .....
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..... the petitioner is a society registered under the societies registration act and they run the 'goshalas' in accordance with the provisions of other goshalas act, 1950. under the provisions of the said act, the goshala has been defined under section 2(d) of the said act. relying on the said definition the petitioners have said defined ..... under section 2(d) the said act. relying on the said definition the petitioners have said ..... goshala' were treated as one in such ceiling proceeding. the details of returns were filed by the petitioners claiming exemption under section 29 of the said act. in connection with such ceiling proceeding the circle inspector, jagdishpur submitted an enquiry report to the circle officer. thereafter the deputy collector, land reforms sadar .....
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