Judgment Search Results Home > Cases Phrase: appropriation act 2005 Court: patna Page 5 of about 2,650 results (0.098 seconds)

Prem Lata Devi Vs. State of Bihar and ors.

Court : Patna

..... give the objector an opportunity of hearing and after hearing the objections and making such further enquiry as he may think necessary, to make report(s) in respect of the land notified under section 4 of the appropriate government, containing his recommendations on the objections together with the record of the proceedings held by him, for the decision to be taken by the government. ..... as regards the obligation to consider an alternative site suggested by the objector, i would only wish to observe that the appropriate government or the collector arc indeed free to make their own selection of the piece of land for acquisition and are not bound in any manner by the suggestion concerning an ..... the state amendment thus brought about a basic change by substituting the collector in place of the appropriate government as the authority empowered to take decision on the objections with the state government retaining sort of a revisional ..... later the parliament enacted act 13 of 1967 substituting the following words in sub-section (2) of section 5a : 'either make report in respect of the land which has been notified under section 4, subsection (1) or make different report in respect of different parcels of such land, to the appropriate government, containing his recommendations on the objections, together with the record of the proceedings held by ..... of the central act it is the appropriate government which is empowered to take the decision on the objections filed under section 5a(1) of the act. .....

Phoolmati Devi and anr. Vs. Bibha Sinha and anr.

Court : Patna

..... taking into consideration the overall facts and circumstances, the relevant provisions of law and the underlying principles governing the amount of compensation awardable under the act, the award passed by the tribunal, as challenged in this appeal, cannot be said to be, in any way, unjust, perverse and unreasonable and is beyond the jurisdictional sweep of the appellate power of this court under section 173 of the m.v. ..... 15,000 per annum, the appropriate multiplier that would apply to the case on hand, would be 16. ..... the appellate court will ordinarily not interfere with the impugned award unless the amount awarded under the act, by way of compensation arising out of a vehicular accident, is either factually wrong, exorbitant, excessive or very much inadequate.6. ..... 2 has been insurer of the offending vehicle; and(vi) the tribunal has taken into consideration the relevant aspects in fixing the dependency value and thereafter has appropriately multiplied with an appropriate multiplier.3. ..... the amount awarded under the act is very much circumspect requiring any interference by this court. ..... the only question, which arises for consideration in this appeal under section 173 of the motor vehicles act, 1988 (m.v. ..... act. ..... act. ..... act), is against the award recorded by the motor vehicle accident claims tribunal-cum-lst additional district judge, muzaffarpur (in short 'the tribunal') in claims case no. .....

Arjun Prasad Sharma and ors. Vs. Bihar State Small Industries Corporat ...

Court : Patna

..... we, however, may hasten to add that in an appropriate case, the labour court or the industrial tribunal, if a reference is made in this regard in terms of the provisions of industrial dispute act, 1947, can direct that as the casual or daily rated workmen have been working for a long time, their services may be regularised keeping in view the vacancies, nature of job and other relevant factors.12. ..... 1 were invalid, could not be considered under article 226 of the constitution that is a matter which can be appropriately raised in the form of a dispute, by the appellants under section 10 of the industrial disputes act. ..... 1, it goes without saying that they can question the same before an appropriate forum. ..... entirety and also the reference made by the central government.if in the opinion of the petitioners, the said award applied to their cases also, the same can be enforced in terms of the provisions of the industrial disputes act and/or they can raise a fresh industrial dispute.9. ..... , we would confirm the finding of the high court that the proper remedy which is available to the appellants to ventilate their grievances in respect of the said notices and circulars is to take recourse to section 10 of the industrial disputes act, or seek relief, if possible under sections 74 and 75 of the act.14. .....

Mahesh Kumar Son of Late Lalchand Ram and ors. Vs. the Union of India ...

Court : Patna

Reported in : 2010(58)BLJR23

..... firstly, keeping in view the nature of the organization which is the 'appropriate government' under the act. ..... it was held that the appropriate government would be the central government. ..... it appears that in 1976 in exercise of powers purported to be conferred on the central government under section 10 of the contract labourer regulation act, the central government issued a prohibition notification prohibiting employment of contract labour for sweeping, cleaning etc. ..... by contractors on sweeping and cleaning jobs had to be absorbed with the air port authority being the principal employer on such contract labour system for such employment being prohibited in terms of the contract labour regulation act. .....

Sanjay Kumar Vs. the State of Bihar and Others

Court : Patna

..... the petitioner is challenging the aforesaid issue by way of the aforesaid writ petition only because he is interested in appointment of vice chancellors and pro vice chancellors as per the provisions as enshrined in section 10 and 12 of the amended act and also wants that no dispute should come in future after the appointment is made so that the education may not suffer in the universities on the ground of absence/ non-recruitment of vice chancellors/ pro vice chancellors. ..... ram tawakya singh (supra) as with regard to bringing more transparency and objectivity in the appointment on the post of vice chancellor the aforesaid provision of section 10(1) of the act had been amended and was substituted in the following terms: (1)(i) persons of the highest level of competence, integrity, morals and institutional commitment are to be appointed as vice-chancellor ..... as noted above, he does not claim to have qualification for such post of vice chancellor as prescribed under section 10(1) of the act and in fact his statement in paragraph no.24 of the writ application will leave nothing for speculation that he is also not qualified for the post of vice ..... issuance of an appropriate writ directing the respondents to make appointment on the post of vice chancellor/ pro vice chancellor of kameshwar singh darbhanga sanskrit university on the basis of recommendation of panels of names by constituting a search committee in accordance with section 19(1)(ii) of the bihar state university act, 1976.? 3. .....

Senbo Engineering Limited Vs. State of Bihar and ors.

Court : Patna

..... deemed as terminated and that it may be allowed to raise the issue of maintainability of the proceedings before the arbitrator (on the ground that his nomination was not in accordance with the provisions of the act) and further that in case the issue of maintainability was decided against it, to be given the opportunity to file its statement of claim and also to file its statement of defence in regard to the counter- ..... submitted that the power given to the arbitral tribunal to conduct the proceedings in the manner it considers appropriate was sufficiently wide to empower it to recall an earlier order passed under section 25(a) and to restore ..... appropriate case, had full authority and power to recall its earlier order terminating the proceeding under section 25(a) of the act. ..... in that decision, a learned judge of the bombay high court, making a careful analysis of the different provisions of the act and taking support from certain earlier decisions of the supreme court came to find and hold as follows :-- 'to my mind on consideration of those provisions even if it be held that the tribunal ..... the authority, in an appropriate case, on recall its earlier order terminating the proceeding under section 25(a) of the act? ..... ; though keeping the proceedings alive in respect of the counter-claim of the state, the arbitrator had terminated it in regard to the petitioner's claim under section 25(a) of the act for its failure to file the statement of claim on the three dates fixed for the purpose. .....

Rajeshwari Devi and ors. Vs. the State of Bihar and ors.

Court : Patna

..... fundamental rights of the citizens affected thereby and the larger public interest sought to be ensured in the light of the object sought to be achieved, the necessity to restrict the citizens freedom, the inherent pernicious nature of the act prohibited or its capacity or tendency to be harmful to the general public, the possibility of achieving object by imposing a less drastic restraint, and in the absence of exceptional situations such as the prevalence of a state of emergency, -national or local, or the necessity ..... on the other hand, the respondents denied such allegations and slated that the appropriate authorities had already taken notice to these facts. ..... in this regard, it would be appropriate to notice the relevant observation of the supreme court from the aforesaid case: 'it is thus a guaranteed right of every citizen whether rich or poor to take up and carry on, if he so wishes, the motor transport business. ..... it is for the authorities to consider the relevant factors at an appropriate stage. ..... it would be appropriate to quote the relevant findings of the aforesaid report hereunder: 'for the aforesaid reasons, we hold thatkunhikrishnan nair's case (1991 (2) klt 266) to the extent it decides that existing operators have a right to object at the stage of ..... it would be appropriate to notice the observation of the supreme court in this regard hereunder:-- 'the parliament in its wisdom has completely effaced the above features. .....

Ganesh Prasad Agrawal Vs. State of Bihar and ors.

Court : Patna

..... to a conclusion whether the board had jurisdiction to maintain a case of eviction before the sub-divisional magistrate under section 59 of the act, it would be appropriate to examine the right of the petitioner over the house in question. ..... case of deviation or breach of any of the conditions of the lease, the housing board has full authority to file a case for eviction under the provisions of section 59 of the act before an appropriate authority.10. ..... it would be appropriate to quote clause (x) of the ..... (sic) of 1991 under section 59 of the bihar state homing board act (in short 'act') as also the order of the appellate authority dated 1-2-1994 (annexure ..... no jurisdiction to file an application under section 59 of the act for eviction of the petitioner before the sub-divisional magistrate. ..... purchased the house from fakruddin ahmad filed a petition under section 59 of the act for eviction of the petitioner from the house. ..... under section 59 of the the act, the sub-divisional magistrate has only jurisdiction to pass an order of eviction with respect to a holding which is under the premises of ..... referring to clause (x) of the lease-deed executed by the board in favour of fakruddin ahmad, submitted that the sub-divisional magistrate had full jurisdiction under section 59 of the act to pass an order of eviction. ..... 1991 in the court of munsif saraikela for a declaration that the housing board had no jurisdiction to file eviction case before the sub-divisional officer under section 59 of the act. .....

Vijay Narayan Singh and ors. Vs. the State of Bihar and ors.

Court : Patna

..... they are obliged to take into the ambit of enquiry those who appointed the petitioners and take appropriate action against them both under civil and criminal law whether they be in service or superannuated and only in that event can they proceed against the petitioners also.14. ..... ) at paragraph 6(1) has directed disciplinary proceeding against those in service and appropriate proceeding with regard to those who had retired in context of their pension and other terminal benefits in accordance with rules. ..... the supreme court while dealing with regard to such illegal acts of the officials who made hay in the sun shine must see cloudy days, in : air 1996 sc 715 (delhi development authority v. ..... either they do not act or do not act promptly or do connive at such activities apparently for illegitimate considerations....11. ..... ) dealing with the foul acts of such official in context of rampant illegal construction the supreme court at para 20 in the relevant extract has observed as. ..... this court therefore directs that if the respondents propose to visit the petitioners afresh in accordance with law of the consequences of the order of termination dated 7.3.2009/9.3.2009 they cannot act selectively in the matter. ..... in : air 2005 sc 1 (friends colony development committee v. .....

Manoj Kumar Pandey Vs. Bharat Coking Coal Ltd. and ors.

Court : Patna

..... (sc), has in this connection laid down as under--'..........where, however, the dispute involves recognition, observance or enforcement of any of the rights or obligations created by the industrial disputes act, the only remedy is to approach the forums created by the said act..............................the policy of law emerging from industrial disputes act and its sister enactments is to provide an alternative dispute resolution mechanism to the workmen, a mechanism which is speedy, inexpensive, informal and unencumbered by the plethora of procedural laws ..... , the powers of the courts and tribunals under the industrial disputes act are far more extensive in the sense that they can grant such relief as they think appropriate in the circumstances for putting an end to an industrial dispute. ..... , (1985-i-llj-343) has held that the statutory reference of an industrial dispute under the industrial disputes act (hereinafter referred to as the act) is an adequate and efficacious legal remedy for the enforcement of the rights/obligation created under the act and the person aggrieved must exhaust the remedies available under the act before seeking relief in the writ jurisdiction unless there are exceptional circumstances warranting interference by this court under article ..... 7 will, thereafter, decide the matter in accordance with law and pass appropriate order within a month from the date of receipt of the representation/show cause of the petitioner, alongwith the certified copy of this .....