Court : Patna
..... for enrolment on any state medical register and so there was no inconsistency between the section and the rule when it was brought into force. but after sub-section (2) of section 15 was inserted in the 1956 act, with effect from 15-9-1964 (sic 16-6-1964), which, inter alia, provides that no person other than a medial ..... allopathic medicines. in view of the decision of the supreme court in medical council of india v. state of rajasthan, air 1996 sc 2073, and in view of the provisions of section 15(2)(b) of the indian medical council act, 1956, this court found their action to be illegal amounting to misconduct and making them, liable to criminal prosecution ..... decision. he cited the cases of narinder chand hem raj v. lt. governor, administration, union territory, air 1971 sc 2399, supreme court employees' welfare association v. union of india, air 1990 sc 334 and state of jammu & kashmir v. a.r. zakki, air 1992 sc 1546. a pil being cwjc no. 9437/98, was in fact dismissed by this court on .....
Tag this Judgment!Court : Patna
..... taking note of the question of limitation and it cannot be faulted for having done so.30. in town municipal council, athani v. presiding officer, labour court, hubli and ors. - air 1969 sc 1335, the supreme court held as follows :'a question of limitation raises a plea of want of jurisdiction and, in these cases, this question could be decided on ..... statutes. in this connection reference may be made to a decision of the supreme court in the case of j.k.c.s. & mills v. state of up reported in air 1961 supreme court 1170. in para 9 of the judgment the supreme court has held that specific provision prevails over the general provision and the general provision applies only to ..... shall be deemed to have, and to have always had the effect on and from the date on which the rules came into force, that is, 28-2-1944, would be subject to the periods of limitation provided under section 11a of the act. in para 33 of the judgment, it was held as follows :'33. there is no provision in the .....
Tag this Judgment!Court : Patna
..... in the matter of exercise of power by the appropriate government or authority under sub-section (2) of section 25n of the act. the third contention is, therefore, rejected,'the same reasons apply with equal force while considering the provision of sub-section(2) of section 25o in express words provides for guidelines which were absent in sub-section ..... shall be deemed to be illegal from the date of closure and the workmen shall be entitled to all the benefits under any law for the time being in force as if the undertaking has not been closed down.(7) notwithstanding anything contained in the foregoing provisions of the section, the appropriate government may, if it is ..... the division bench judgment of karnataka high court, a full bench of the delhi high court in d.c.m. ltd. v. union of india and ors. air 1989 delhi 193 has upheld the constitutional validity of section 25o as amended. similarly a learned single judge of the kerala high court has upheld the constitutional validity of the .....
Tag this Judgment!Court : Patna
..... irregularities on this point also.learned counsel of petitioner has argued that non-filling of part-ii of form-16 is violative of statutory provisions which have got force of law and it amounts irregularity in the counting. it is not that all part-ii of form-16 used in election in question were blank. when ..... and chief electoral officer, bihar. he has denied the suggestion that at the booths where petitioner had majority of voters he deployed para military forces and left some booths without deployment of any force so that respondent no. 1 can take advantage of that situation. about repelling he has admitted that at some polling stations there was repelling ..... poddar, air 1971 sc 342, he has submitted that discrepancies in the copy of election petition supplied to respondent no. 1 has misled respondent no. 1 and prejudiced his defence and because copy of petition supplied to respondent no. 1 is not true copy, therefore, there was failure of compliance of section 81(3) of the act and petition .....
Tag this Judgment!Court : Patna
..... department issued a circular letter, dated 9-2-1998 declaring as invalid and illegal all appointments of dalpaties made after 23-8-1993 (the date on which the 1993 act came into force) and consequently giving the direction to cancel all appointments of dalpaties made after that date.17. it is this circular, dated 9-2-1998 that comes under challenge in ..... all the cases in this batch had earlier appeared in the cases cited here in support of the proposition that any appointment of dalpati made after the coming into force of the 1993 act was invalid and illegal and the earlier orders were passed by this court accepting his submissions).16. in the light of the orders passed by this court, ..... in this batch.22. in support of this submission reliance was placed on a decision of the supreme court in goka raju ranga raju v. state of a.p., air 1981 sc 1473. 1 think it is a submission of desperation and in my view neither the de facto doctrine nor the supreme court decision relied upon by the counsel .....
Tag this Judgment!Court : Patna
..... of it. reference in this regard can be usefully made to a decision in the case of shrimati shanti devi and anr. v. state and ors., air 1982 delhi 453 wherein it was observed in these words:- 'the distinction between a private and a public trust is that whereas in the former the beneficiaries ..... the petitioner is that krishna devi-devi prasad kejariwal matri sadan, muzaffarpur is a charitable institution established under a trust deed duly registered under the indian registration act. therefore, the impugned notification fixing the minimum wages with respect to different categories of employees in the specified schedule will not be applicable to the employees of ..... case under the provisions of bihar shops and establishments act will also not add any force to the contention of the petitioner because from a bare reference to clause (2) of section 4 of the bihar shops and establishments act, it would appear that the provisions of the said act specified in the third column of the schedule .....
Tag this Judgment!Court : Patna
..... stand in attendance to play host to arrangements for the delegates. this will impair and be little the authority of the principal and the teacher. tomorrow, the students may force and the teacher may hole a similar style rally and pitch their collective might against the state government and it would be on the same hypothesis that they did so ..... for a very limited period and the action has the sanctity of the authority of the law and law in this context means an act of parliament or a state legislature, a rule , or a statutory order having force of law, that is a positive or state made law. the power to deprive a person of his property can be exercised ..... 42 : (air 1950 sc 27). 21. if denying a person the liberty to travel abroad is understood to infringe article 21, would not preventing a teacher from teaching at school or a scholar' from being able to go to school be any different? this would also be infringement of article 21 of the constitution. after all, the state must act within the .....
Tag this Judgment!Court : Patna
..... of delay of three days in making the application for reference. 2. the facts necessary for disposal of the present controversy in short are that on 4.11.1950 the cid branch of bombay police instituted a case against one s.k. mitra, husband of the respondent observing that the deceased made certain defalcation of government money. ..... not expressly excluded by such special or local law; and (b) the remaining provisions of this act shall not apply.(3)save as otherwise provided in any law for the time being in force with respect to marriage and divorce, nothing in this act shall apply to any suit or other proceeding under any such taw.(3)nothing in this ..... hajee mahbood bux ehhan illahi v. cit : [1950]18itr72(all) . 9. it is also contended that in answering the questions or disposing of references under section 130a of the customs act, 1962, which is similar to section 66 of the indian income tax act, 1922 or section 256 of the income tax act, 1961, the high court does not exercise any .....
Tag this Judgment!Court : Patna
..... in which, and if they have been executed on or after the date on which, act no. xvi of 1864, or the indian registration act, 1866, or the indian registration act, 1871, or the indian registration act, 1877, or this act came or comes into force, namely :-- (b) other non-testamentary instruments which purport or operate to create, declare ..... been considered by the supreme court in bhoop singh : : air1996sc196 (supra). the judgments of the supreme court in mangan lal deoshi v. mohammad moinul huque : : [1950]1scr833 (supra), and c. muthuvel pillai v. hazarath syed shah mian sakkab sahib kadhiri thaikal : air1974mad199 (supra), have been considered and held not relevant to decide the ..... namely for the proof of family arrangement which was final and binds the parties. the same view was reiterated in maturi pullaiah v. maturi narasimham, air 1966 sc 1836, wherein it was held that the family arrangement will need registration only if it creates any interest in immovable property in present time in .....
Tag this Judgment!Court : Patna
..... any other substantial cause, it may allow such evidence to be given. the following observation of their lordships of the judicial committee in parsotim thakur v. lal mohur thakur (air 1931 privy council 143), made while examining the provisions of order xli, rule 27(l)(b) may be usefully reproduced in this context:-- 'under clause (l)(b) ..... by the interest of justice.' again the supreme court in the case of ram chand and sons sugar mills private limited, barabanki v. kanhayalal bhargava, reported in air 1966 sc 1899 considered the scope of section 151 of the code and held that 'the inherent power of a court is in addition to and complementary to the ..... the tenant from unreasonable eviction, bihar buildings (lease, rent and eviction) control act, 1947 was passed and the same was replaced by another act of 1977 and thereafter by the present act which came into force in january, 1983. according to section 11(1) of the act, a tenant is not liable to eviction except in execution of a decree passed .....
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