Court : Patna
..... 6 of 1983 was stayed vide order dated 18-1 -1999, the workman could not agitate his grievance before any other appropriate forum, he is given liberty to move the appropriate authority/forum under the provisions of industrial disputes act or any other law which, if filed, within four weeks, shall be considered and disposed of by the said authority expeditiously in accordance with law. ..... gupta, learned counsel appearing on behalf of the workman as the matter remained pending in this court for a long time and the order of stay was operative, the workman may be given liberty to move the appropriate authority for redressal of his grievance under the provisions of the industrial disputes act.6. ..... 6 of 1983 whereby he refused to hold that the proceeding before him abated in view of the notification dated 20th march, 1989 exempting goshalas from all provisions of the bihar shops and establishments act, 1953 (hereinafter to be referred to as 'the act').2. .....
Tag this Judgment!Court : Patna
..... thus : 'substitution of legal representative in case of death of land-holder -- if the landholder dies during the pendency of a proceeding, appeal or revision under this act, the collector or the appropriate authority, as the case may be, shall on an application made in this behalf or on his own motion substitute the name of the legal representatives in the manner prescribed in the rules, and the proceeding, appeal or revision shall ..... where no application is received within the period prescribed under sub-rule (1), collector or the appropriate authority shall proceed to substitute the name of the legal representative on his own motion. ..... 2 committed illegality in passing the impugned order in so far ma he relied upon the provisions of order xxii, rule 6 of the civil p.c, learned counsel submitted that the said act is a self-contained code and in that view of the matter, the provisions of order xxii of the code of civil procedure cannot be said to have any application whatsoever in the said proceedings. ..... (2) on receipt of the application under sub-rule (1) the collector or the appropriate authority shall substitute the name of the legal representative and proceed with the case ..... a bare perusal of the aforementioned provision, it is evident that the collector or the appropriate authority has the jurisdiction to substitute the heirs and legal representatives of the deceased land-holder, who has died during the pendency of a proceeding, appeal or revision under the said act. 15. .....
Tag this Judgment!Court : Patna
..... the discussion made above, we direct the divisional manager of the insurance company to transmit the original report of the surveyor along with other documents before the appropriate authority of the government positively within 2 months from the date of the production of a copy of this judgment. ..... in the background of the facts noticed above, it would be appropriate to advert specifically to some of the statutory provisions of the motor vehicles act, which commands the owner of the vehicle as well as insurance company to comply with the requirements of ..... therefore, it would be advisable to reproduce the relevant findings from the said report in these words:(9) insurance under the motor vehicles act is a guarantee to the owner of the vehicle that in case of any claim with respect to the vehicle concerned, the insurer shall discharge the liability of the owner under the terms ..... in force in relation to the use of the vehicle by that person, a policy of insurance complying with the requirements of chapter viii (old).in view of sub-section (2) of section 94 (sub-section (2) of section 146 of the motor vehicles act, 1988) the aforesaid provision is not applicable to any vehicle owned by the central or state government and used for government purposes. ..... in question was requisitioned by the district magistrate for the election purposes under his delegated power under section 160 of the act, but certainly the vehicle was taken out of his control at the relevant time by the state government. .....
Tag this Judgment!Court : Patna
..... the constitution of india cannot determine the question as to whether the lands were in khas cultivating possession of the land-holder so as to come within the purview of section 6 of the bihar land reforms act or not.the petitioners themselves have suggested that the possibility of the document having been executed by the ex-landlord in favour of the forest department cannot also be ruled out. ..... held as follows :now, it is well-settled that the power of the high court to issue an appropriate writ under article 226 of the constitution is discretionary and the high court in exercise of its discretionary does not originally assist the tardy and the indolent or ..... counsel appearing on behalf of the petitioner has contended that as the notification as contained in annexure 1 to the writ application does not fulfill the requirements of section 29 of the indian forest act, the same must be held to be wholly illegal and the criminal cases pending against the petitioners on the basis thereof are liable to be quashed.8. mr. ..... further, the question as to whether the lands in fact were saved from vesting under the provisions of the bihar land reforms act or not would essentially be a question of fact, which have to be determined on the basis of the evidences brought on records by ..... namely the ex-landlord had any raiyati interest in the said land, he could have filed the appropriate claim application, before the authorities concerned in terms of the provisions of the indian forest act itself. .....
Tag this Judgment!Court : Patna
..... there may be an error of judgment, there may be misinterpretation of the provisions and there may be some doubtful conclusion of facts but these are the issues, which can be raised appropriately and in a better way before the appellate forum, which can go into them, unlike the present writ court, which can have only concern with the decision-making process and not the type, ..... hearing had been afforded but were not availed and the competent assessing authority has made the assessment order for the levy of sales tax in terms of the provisions of section 17 of the bihar finance act, 1981 for the relevant year 2000-01 and it is quite within the competence of the assessing authority and, therefore, it cannot be said to be without jurisdiction. ..... it is further submitted that there is a provision for appeal under section 45 of the said act and this petition is not maintainable on that ground as there is alternative efficacious remedy available.3. ..... we have also considered the relevant provisions of the act and we would take up the last question raised on behalf of the respondent-state first.4 ..... section 45 of the act provides for filing an appeal against the order of assessment for such demand and about which there is no dispute.5 ..... of the assessing authorities is justified or permissible or not including the question whether there was an ex parte or by parte order can better be gone into on appreciation of facts by the appellate authority as statutorily provided under section 45 of the act.6. .....
Tag this Judgment!Court : Patna
..... of the matter, in my opinion, it would be unjust to drive the poor workman who is out of job for a period of 15 years to another round of litigation by asking him to approach the appropriate government for making a reference for his illegal termination of service for adjudication by a labour court or an industrial tribunal as envisaged under section 10(a)(c) of the industrial disputes act,44. in o.p. ..... 1 in purported exercise of its power conferred upon him under section 13a of the said act could not have granted any relief of re-instatement with full back wages to the workman, ordinarily thus, this court cannot also pass such order.is this court absolutely powerless in such a situation? ..... , when the re-employment of the workman was cancelled by the petitioner-management the workman had filed an application before the labour court at ranchi in terms of section 13a of the industrial employment (standing orders) act, 1946 and the labour court, in his order, held that the termination of services of the workman was in violation of section 25f of the industrial disputes act, 1947 and the same was illegal. ..... after hearing the parties, finally disposed of the case by order dated march 9, 1981, whereby it was held that termination of services of the workman concerned was in violation of section 25f of the industrial disputes act, 1947 and the same was illegal. ..... then filed an application before the labour court in terms of section 13a of the industrial employment (standing orders) act, 1946. .....
Tag this Judgment!Court : Patna
..... giri and in addition submitted that movement of vehicles carrying forest produce can be controlled only by bihar forest produce (regulation of trade) act enacted with the assent of the president of india and veneer not being a specified item in the schedule thereof, officials of the forest department have no authority to check the vehicle and/or demand transmit ..... before dealing with other submissions of the counsel it would be appropriate to refer to the case of union of india and anr. ..... of timber and other forest produce cannot be effectively regulated and therefore the petitioners cannot contend that the officials of the forest department have no power to check the vehicles and take consequential action in appropriate cases against them.14. ..... case of the state is that veneer is a 'forest produce' within the meaning of section 2(4) and (6) of the indian forest act read with rule 2(kha) of the bihar kasth tatha anya van utpadan abhivahan ka niyamawali, 1973) i.e. ..... referred to various decisions to which reference will be made at the appropriate place hereinafter.5. ..... therein the court observed that bihar forest produce (regulation of trade) act, 1984 has been enacted for the purpose of providing monopoly to the state in trade of specified forest produce, the bihar saw mills (regulation) act, 1990 has been enacted to control the activities of the millers o f the saw mills while the transit rules control the transit of forest produce from the place of its cutting to the place where it is .....
Tag this Judgment!Court : Patna
..... tiwary, learned additional public prosecutor appearing on behalf of the state has submitted that there happened to be an allegation of mis-appropriation of amount and, thus, prima facie, material was before the court below to take cognizance after filing the complaint was so taken and if they are innocent, the ..... circumstances discussed above, instead of giving direction to the learned court below in the background of the reported case so cited and also on the ground that the ingredients of section 14aa of the act are not met with, i find that as to meet the ends of justice, the present proceeding be quashed. ..... 'in all fairness, it has been brought to notice that after the amendment of section 14aa of the act, the punishment is enhanced to five years but in the present case since the ingredients of section 14aa is not met with, that being the position, leaving aside the other points, the ..... it has been submitted on behalf of the petitioners that even the ingredients of section 14aa of the act is not met with further by certificate case, the amount as alleged not been paid under the deposit made in the insurance contribution scheme has been realised and in support of his ..... class in which vide order dated october 28, 1980, the cognizance of offence is so taken against the present petitioners under section 14aa of the employees' provident funds and miscellaneous provisions act, 1952 (hereinafter referred to as the 'act') against the accused persons figuring here as petitioners. 2. .....
Tag this Judgment!Court : Patna
..... fix different rates within the ceiling rate of 2 per cent on the gross turnover of different goods:provided further that in the case of declared goods, as defined in the central sales tax act, 1956 (act 74 of 1956)--(i) where the tax payable under section 3 or section 4 equals the maximum amount of tax permissible under section 15 of the ..... has failed to clarify its meaning by the use of appropriate language, the benefit thereof must go to the tax- ..... under this section together with the tax payable under section 3 or section 4 would exceed the maximum amount of tax permissible under section 15 of that act, the additional tax shall stand reduced to such amount as, together with the tax payable as aforesaid, equals the said maximum amount. ..... on the other hand submitted that the whole scheme of the act has to be looked into for the purpose of finding out true import of the entry and as the tractor has always been treated as separate from light motor vehicles for which different entries have been made in the schedule issued under sections 11 and 12 of the act and as such the notifications in question regarding exemption will not ..... goods and as such in the case of tractor there is liability to pay additional tax and surcharge and is not covered by the notifications dated may 22, 2004 issued under sections 5(4) and 6(2) of the bihar finance act, (hereinafter referred to as 'the act') making amendment in the schedule attached to the finance (commercial taxes) department notification s.o. no. .....
Tag this Judgment!Court : Patna
..... (h) take such steps as may be necessary to prevent the sinking of towns in the coal mining development area;(i) bring back into an appropriate use of land under derelict mines ;(j) exercise environmental control and prevent pollution caused by or arising out of mining operations;(k) take such steps as may be necessary to prevent and to remove nuisance affecting public health;(1) regulate the ..... ) and includes benefit to arise out of land and things attached to the earth or permanently fastened to anything attached to the earth ;the definition of 'land' as contained in section 3(a) of the land acquisition act is also reproduced below:3 (a) the expression 'land' includes benefits to arise out of land, and things attached to the earth or permanently fastened to anything attached to the earth ;the definition of occupier and owner are contained in section 2(14) ..... the prayer seeking appropriate writ and/or order declaring section 89 of the bihar coal mining area development authority act, 1986 (hereinafter referred to as the act) as amended by the amendment act as ultra vires is also there. ..... (2) the coal mining area development authority may exercise also such powers as may be necessary or expedient for the purpose of carrying out its functions under this act.chapter iv (sections 16 to 27) of the act provides for preparation of development plan for coal mining development area, its approval by the government and the matters connected therewith. .....
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