Court : Patna
..... to be decided by this first appellate court was as to whether the appellant perform her part of the contract as required under section 16 of the specific relief act, the said application for amendment should be rejected.12. by an order dated 18-8-1992 this court held as follows 5since the point involved under section 16 of the specific relief ..... court. by an order dated 5-8-1992 the first appeal was directed to be heard on 31-8-1992. however, in the meanwhile, the plaintiff filed an application for amendment of the plaint in terms whereof the following words were to be inserted, at the end of paragraph 4 of the plaint, 'plaintiff has thus been all along and is ..... act has to be decided in the facts and circumstances of the case as per the remand order, 1 do not find the proposed amendment to be allowed on the same issue. as per submission of mr. prasad the averments of readiness and .....
Tag this Judgment!Court : Patna
..... the suite government before considering the affiliation of any medical college. the college cannot be recognized in view of the amendments brought in the indian medical council act, by amendment act, 1993, by the said amendment sections 10a, 10b and 10c have been added and the aforesaid provisions require, inter alia, that no medical college can ..... if a person has established a medical college after 1.6.1992, the date on which the indian medical council amendment ordinance came into force and before he commencement of indian medical council (amendment) act, 1993, such person has to take permission of the central government in accordance with the provision of section 10a ..... 29. it is to be mentioned that the submission advanced on behalf of the petitioner that the provisions of amended act will not apply to the minority institution is devoid of any substance. these amendments contain regulatory measures only. from bare perusal of section 10a it will appear that the matters which the medical .....
Tag this Judgment!Court : Patna
..... we are referring to it only for the limited purpose of ascertaining the conditions prevailing at the time the bill was introduced and the purpose for which the amendment was made.' 31. therefore, the consistent view of the supreme court is that the statement of objects and reasons are to be referred to for a ..... the vires of an act which is otherwise competent. this court is, in this connection, reminded of the weighty observaiotns of viscount simon, lord chancellor in the judgment of the privy ..... with the question of legislative competence relied upon the aforesaid observation of lord salborne in burah's case (supra) and held that powers of legislatures while acting under the limits set down by indian constitution are plenary in nature. 22. questions of policy or of jurisprudence cannot decide matters relating to legislative competence or .....
Tag this Judgment!Court : Patna
..... may be determined by the government in this behalf but not exceeding rupees four per thousand gallons.14. by the bihar coal mining area development authority (amendment) act, 1992, the existing section 89 has been replaced by the following provisions:levy of tax on use of land for other than agricultural and residential purposes ..... , assessment and recovery of development charges, tonnage cess. etc.11. section 89 of the act (prior to amendment by amendment act 24 of 1992) read as follows:89. levy and assessment of cess (1) subject to the provisions of this act and the rules framed under it, the authority shall, by notification published in the official ..... court judgment aforesaid and enacted west bengal taxation laws (amendment) act, 1989 amending the offending provision of the bengal acts declared ultra vires by the supreme court. the vires of the amanded act was challenged before the supreme court in goodricke case. the validity of the act was upheld on the ground that the impugned levy is .....
Tag this Judgment!Court : Patna
..... bonus. the said definition of the word 'employee' under section 2(13) of the bonus act as it stood prior to the payment of bonus (second amendment) ordinance, 1985 is set out below: 'employee' means any person (other than an apprentice employed on a salary or wage not exceeding rs. 1600/- per mensem in any industry to do ..... by payment of bonus (second amendment) ordinance, 1985 which was brought into force with effect from april 1, 1985 the definition was changed to the extent that the figure of rs. 1600/- was replaced by rs. 2500/- and the changed definition is as follows: ''employee' means any person (other than an apprentice) employed on a salary or ..... are all outside the purview of the said bonus act and under the said scheme a sum equivalent to two months' salary (basic plus dearness allowance) is transferred to the superannuation fund of such supervisors under the said scheme in lieu of bonus prior to the aforesaid second amendment ordinance, 1985. the officers getting the basic salary .....
Tag this Judgment!Court : Patna
..... board within a specified period. ultimately an ordinance was promulgated, which was later enacted as an amendment act, being act 21 of 1992, bringing about significant amendment to section 8 of the parent act. by reason of the said amendment the constitution of the board was changed from an elected to a nominated body with powers vested ..... 4th january, 1994, has committed persistent default and abused its powers in performance of duties imposed on it by and under the bihar hindu religious trust act, 1950 (bihar act 11 of 1951).and whereas the aforesaid board has failed to comply with the provisions of clauses (1) and (m) of sub-section (2) ..... they is nothing in the statutory provisions which debar the application of the principles of natural justice while the authorities exercise the statutory power under the act, and as the principles of natural justice would apply unless the statutory provisions points to the contrary the statutory provisions themselves are not unconstitutional though the .....
Tag this Judgment!Court : Patna
..... presented to the direct court by both the parties to a marriage together, whether such marriage was solemnized before or after the commencement of the marriage laws (amendment) act, 1976, on the ground that they have not been separately for a period of one year or more, that they not been able to live together and ..... the satisfaction of the court that there is no collusion between the parties in filing the matrimonial suit but that provision did not debar in making an amended provision of divorce by mutual consent. the grounds enumerated for judicial separation or divorce are not necessary to be locked into in a petition mutual divorce. ..... social out-look, the provisions of divorce and other provisions of judicial separation, restitution of conjugal rights etc., were left very much necessary and then hindu marriage act, 1995 came in force due to sacramental nature of marriage having no contractual obligation, the grounds for divorce and judicial separations were more or less very stringent .....
Tag this Judgment!Court : Patna
..... has made averments in the plaint the requisite conditions of section 16(c) of the act were complied with.20. no doubt a second appeal is preferred under section 100 of the code which has been drastically amended after 1976 c.p.c. amendment. in view of section 100 unless a substantial question of law is involved the second ..... suit as is evident from para iv of the plaint (supra). this, in my opinion, was substantially sufficient compliance of the provisions of section 16(c) of the act. the trial court has very elaborately discussed this point with reference to the oral evidence relied upon by it after assigning sufficient reasons. the plaintiff examined p.w. 1 ..... appeal cannot succeed. in the present case whether the plaintiff has complied with the condition of section 16(c) of the act and whether she has made sufficient averment in .....
Tag this Judgment!Court : Patna
..... one has to guess with open-mouthed-astonishment as to what prevented the holding of the panchayat factions-even after the enforcement of the panchayat act in view of the constitution 73rd amendment act, 1992 inserting part ix adding article 243 making provision for three-tier panchayat election in every state.3. our judgment dated 20.10.1995 ..... shri ganga pd. roy, the additional advocate-general consequently, court may hold the opposite parties guilty of civil contempt as defined under section 2(b) of the act and tine opposite parties be punished according to law.9. shri shyama pd. mukerjee, senior advocate appeared for state election commission, shri ganga pd. roy, the ..... singh, jj.1. this is an application under article 215 of the constitution of india read with sections 11 and 12 of the contempt of courts act, 1971 (compendiously the act) filed by sapru jaykar motilal c.r. das institute of legal aid studies and research through its vice chairman and others, against the union of india .....
Tag this Judgment!Court : Patna
..... by bihar ordinance no. 22 of 1982 which ultimately culminated in the bihar land reforms (fixation of ceiling area and acquisition of surplus land (amendment) act, 1982. by the amending act undisputedly, drastic amendments were brought defining section 2 and also section 4. what is significant to note is that section 5 and similarly section 9 incorporated certain ..... area in accordance therewith, with effect from the date of the commencement of the bihar land reforms (fixation of ceiling area and acquisition of surplus land (amendment) act, 1982, i.e. on the 9th of april, 1981 aforesaid.yet while holding similar views, what was taken by the full bench or the division bench ..... it was proper for the additional collector to hold a fresh inquiry after proper opportunity to the petitioners as per the provisions of section 5 of the amended act. 27. in the background of the facts noticed above, it has to be remembered that the petitioners being aggrieved by the findings of the additional collector .....
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