Court : Patna
..... a right to carry on mining operations in land to extract a specified mineral and to remove and appropriate that mineral, is a 'right to enjoy immoveable property' within the meaning of section 105; more so, when - as in the instant case - it is coupled with a right to be in its exclusive khas possession for a specified period. ..... , considering the nature of the right granted under an agreement for mining, the high court at para 33 observed as under;this being so, in our opinion, the provision of section 111g and section 114 of the transfer of property act have no application to a grant of this nature, because though this may not be a grant of lease in perpetuity it is certainly a grant by transfer of interest in land....14. ..... a mining lease may not in all cases satisfy the characteristics of a lease under the transfer of property act, but in the legally accepted sense it has always been regarded as a lease in this country'.12. ..... if the subject-matter of the lease is mineral land or a sand-mine, as in the case before us, it can only be enjoyed and occupied by the lessee by working it, as indicated in section 108, transfer of property act, which regulates the rights and liabilities of lessors and lessees of immoveable property.13. ..... it was held that the term 'lease' in section 3(c) of the act has not been used in the narrow technical sense as defined in section 105 of the transfer of property act 'a settlement of the character of a mining lease is everywhere in india regarded as lease. .....
Tag this Judgment!Court : Patna
..... a part of any industrial township, as may be notified under sub-section (4) or section 4 any provision of this act, which may be applied to a municipality or any rule or bye-laws in force or which can be made for any municipality under this or any other act, sub-section (b) is a provision for appropriate notification for imposition in an industrial township or any part thereof any tax which can be imposed by the commissioners, ..... statutory requirements as noticed above, 1 direct, the state government to dispose of the representation filed on behalf of the petitioners as contained in annexure 3 and to issue appropriate notifications forthwith under the provisions of the amended act to obviate the void which has now been created with respect to the area of the jamshedpur industrial township.24 ..... filed for quashing the notification of the slate government dated 8.9.1998 issued in exercise of its power under section 29 of the bihar municipal (amendment) act, 1994 whereby and where under the jamshedpur notified area committee was dissolved with immediate effect with a direction to the district magistrate to depute a responsible ..... .--notwithstanding anything in this part, any provision of any law relating to municipalities in force a state immediately before the commencement of the constitution (seventy-fourth amendment) act, 1992, which is inconsistent with the provisions of this part, shall continue to be in force until amended or repealed by a competent legislature or other competent .....
Tag this Judgment!Court : Patna
..... this is for the reason that the impugned order has been passed by the chairman of the board and section 33j of the act deals not with the powers and functions of the chairman but with the powers and functions of the marketing board which is an independent and ..... that a simple proceeding for the grant of licence for holding mela was hardly appropriate for deciding such complicated questions as vesting of rights under the bihar land reforms act, 1950. 9. mr. r. b. ..... it may also be appropriately, observed here that though arguments were advanced at some length on the merits of the impugned order, that is, regarding the validity of the reasons assigned for cancelling the licence, it later turned ..... , the chairman of the board was requested to take appropriate actions. 6. ..... i fail to see how the provisions of section 33j of the act can be of any help for defending the impugned order passed by the ..... , learned counsel submitted that the provisions of section 33j of the act clothed the chairman with ample jurisdiction to pass the impugned order. ..... mahto submitted that although the chairman might appear to have acted under rule 129(v) of the rules, the order passed by him cannot be said to be lacking in competence or jurisdiction in case a legitimate statutory source can be found to ..... be so but the court had said that the case of the petitioner in respect to this khata should be considered and in case the petitioner fulfils the requirement under the act and the rules then his case may be considered. .....
Tag this Judgment!Court : Patna
..... for the production of the property so released, if any when so required, before the magistrate having jurisdiction to try the offence on account of which the seizure has been made.in section 52 of the bihar act any forest officer or police officer has been empowered to seize any forest produce together with all tools, arms, boats, vehicles, ropes, chains or any other articles used in committing any offence in respect of ..... rank of range officer of forest or any police officer not below the rank of sub-inspector, may, if he has reasonable grounds to believe that any forest offence has been committed in contravention of this act, enter upon, inspect and search any place, premises, appurtenances thereto, land, vehicles or no at and seize any illegal forest produce and all tools, arms, boats, vehicles ropes, chains or any ..... thus from the aforesaid observation it is clear that their lordships of the supreme court while dealing with the power of the collector under the said act and while considering the object of the act and different provisions thereto, have come to the conclusion that the collector has no power to pass an order of return during pendency of the confiscation case, the collector, as has been held ..... the parties and considering the scope and ambit of forest laws, in my considered opinion, the law docs not prevent the authority before whom the confiscation proceeding is pending to pass appropriate order directing release of the vehicle seized under section 52 of the bihar act. .....
Tag this Judgment!Court : Patna
..... amount of liability incurred; (b) in respect of damage to any property of a third party a limit of rupees six thousand,: provided that any policy of insurance issued with any limited liability and in force, immediately before the commencement of this act, shall continue to be effective for a period of four months after such commencement or till the dateof expiry of such policy whichever is earlier. ..... for better appreciation of the submissions advanced by the learned counsel it would be appropriate to look into the provisions of section 147(2)(3) of the new act of 1988. ..... according to this, policy of insurance issued with limited liability and which is in force immediately before the commencement of the new act, shall continue to be effective for a period of four months or on the expiry of such policy, whichever is earlier. 5. ..... learned counsel, therefore, submitted that in view of the proviso to section 147(2) of the act, the liability of the insurance company would be in terms of the act of 1939 and the policy issued thereunder. ..... laik, learned counsel appearing for the respondent submitted that under the new act of 1988 the insurance company's liability is unlimited. ..... according to the learned counsel the new motor vehicles act, 1988 came into force from 1-7-1989 and on 13-8-1989 when the accident took place, the policy issued under the repealed motor vehicles act, 1939 was enforced. .....
Tag this Judgment!Court : Patna
..... lead to any other consequence.the said observations were rendered by the hon'ble supreme court, with reference to sub-section (5) of section 33 of the representation of the people act, 1951 which required the candidate to furnish the copy of the electoral roll so as to satisfy the returning officer that he was elector in another constituency, failing which his nomination ..... within the time required under the rules has been provided either in the said act or in the rules framed thereunder, in my opinion, by virtue of the provisions contained in sub-section (2) of section 29 of the limitation act, 1963, the election tribunal has the jurisdiction in appropriate case to consider the grounds for condoning the delay in filing the election petition.12 ..... ]3scr31 is most relevant to decide the issue:in our view, even in a case where the special law does not exclude the provisions of sections 4 to 24 of the limitation act by an express reference, it would be nonetheless be open to the court to examine whether and to what extent the nature of those provisions or the nature of the subject matter ..... submitted that the writ petition is fit to be dismissed in view of the provisions contained in sub-section (2) of section 29 of the limitation act, which inter alia provides that the provisions contained in sections 4 to 24 of the limitation act shall apply to a proceeding taken before the tribunal constituted under a special law, if not expressly or by necessary implication excluded from such special .....
Tag this Judgment!Court : Patna
..... circumstances of the present case for the reason that it was a case under the provisions of section 34 and 39 of the specific relief act where there was no allegation of the nature found in the present case, and, secondly, the issues are being examined in the present ..... of which is set out hereinbelow for the facility of quick reference :'6 ..........he further contended that the act does not vest any power of review in the district magistrate so that by order dated 12.4.1982, ..... to re-open the matter is also of no substance as the act itself provides that the collector can on his own motion or on a petition call for the records and after being satisfied, ..... no provision of appeal at all in the act, much less before the district judge and, ..... petitioners in view of the clear provision of section 3 of the act which, inter alia, lays down to the effect that this act shall not apply to any land or plot, residential or otherwise, ..... of section 21 was inserted by act xi of 1989 with effect from ..... revision application in terms of section 21 of the act were not maintainable, i find it to be ..... jurisdiction under section 63 of the act duly vested in him by ..... engrafted in section 21 of the act was inserted by act xi of 1989 with effect from ..... the section because the act governs rural lands where ..... act ..... act 1947 (hereinafter referred to as the act ..... act ..... of the act is very widely ..... then such a revision application in terms of section 21 of the act would be maintainable. ..... act ..... act ..... act ..... act ..... first authority under the act. ..... act .....
Tag this Judgment!Court : Patna
..... respect to the manner of election of members of the board under sub-section (2) of section 1426.it is the case of the state government that though it had taken up the framing of rules under the 1995 act, the finalization of the rules was likely to take some time ; that it was not desirable to leave the board under a special officer for long and hence, recourse was taken to sub-section (3) of ..... a more appropriate use of sub-section (3) of section 14 of the 1095 act.32. ..... it is not to be lost sight of that the exercise for formation of the board under the 1995 act was taking place in the state for the first time, in fact, the state government was even oblivious of the fact that that the 1995 act had come into force with effect form 1.1.1998 and woke up from slumber only after the judgment, dated 10 ..... formation of the board under the 1954 act was bad because the 1995 act had already come into force and though he had also filed a contempt petition alleging that the state government was not giving effect to the directions of the learned single judge, when the state government did form the board under the 1995 act he chose to assail that too on the ..... ground, amongst others that the action of the state government informing the board under the 1995 act was in derogation of the stay order passed in lpa no. .....
Tag this Judgment!Court : Patna
..... and purchase of goods involved in the execution of works contract, a new definition clause 'tax on sale or purchase of goods' was inserted in article 466 of the constitution by the constitution (forty-sixth amendment) act, 1982 to include amongst others, 'a tax on the transfer of property in goods (whether as goods or in some other form) involved in the execution of a works contract' within the ambit of tax ..... emerge from the decision in gannon dunkerley case [1993] 88 stc 204 (sc)--first, the provisions of sections 3, 4 and 5 as well as sections 14 and 15 of the central sales tax act are applicable to transfer of property in goods involved in the execution of works contract falling within the ambit of article 466(29a)(b) of the constitution, and in exercise of its legislative power ..... state trade or commerce or outside state sale or a sale in course of import or export within the meaning of sections 3, 4 and 5 of the central sales tax act is more often than not a ticklish question which the courts find difficult to decide even where the facts have been determined in regular assessment proceedings ..... act, however, provides that where the assessing officer is satisfied with the total income of the contractor or the sub-contractor justifies the deduction of income-tax at any lower rate or no deduction of income-tax, as the case may be, the assessing officer shall, on an application made by the contractor or the sub-contractor in this behalf, give to him such certificate as may be .....
Tag this Judgment!Court : Patna
..... they involve a common question of law as to whether in case of teachers of elementary schools taken over by the state government under the bihar non-govern-'ment elementary schools (taking over of control) act, 1976 (hereinafter referred to as 'the act') who ceased to be in service of such schools, on account of death or retirement, prior to 31-3-1976, the widow or other family members are entitled to family pension under the 1964 notification which provides family pension in case of ..... . on the basis of aforesaid discussions, it has to be held that such teachers and employees of elementary schools taken over under the act who retired or died prior to 31st march, 1976 shall be entitled only to the benefit under the triple benefit scheme and only those who retired after 31st march, 1976 shall be governed ..... . if it is held that the instructions of 1976 did not alter the terms and conditions of service as provided in section 4(2) of the act then the effect would be to deprive the benefit of bihar pension rules and of family pension contained therein even for employees and teachers who retired or died on or ..... single judge held in paragraph 9, that the learned counsel for the state had failed to bring to the notice of the court any rule framed under the act with respect to grant of benefit of family pension from 1-4-1976 except the instruction contained in the education department letter no ..... regard, it would, therefore, be appropriate to consider the provision of section 4(2) of the act .....
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