Court : Patna
..... the requisitions and demand certificates impugned in all the writ petitions and on perusal thereof i find that requisitions were made in the prescribed form-2 of schedule ii of the act, stating all the required particulars, such as names of the certificate debtors, address of the certificate debtors, amount payable, nature of public demand for which requisition was ..... counsel for the petitioners further submitted that the certificate officer signed the demand certificate arbitrarily without application of mind ignoring the mandates of section 6 of the act inasmuch as all die certificates were signed without filling up the amount and the name of the certificate debtor at the bottom of the certificates.placing reliance ..... appropriate to have a look into provisions of section 5 and section 6 of the act, as well as the prescribed forms i and 2 of the schedule ii to the act.section 5 of the act ..... certificate officer must be based initially upon the satisfaction of the requisitioning officer, who must have verified the requisition in form-2 under section 5 of the act.in nirod baran banerjee (supra), the certificate under section 4 read with form-1 was signed by the officer and not by the certificate officer. ..... the proceedings of certificate cases, contending that: (i) the requisitions were not made in accordance with the provision of section 5(2) of the act and prescribed form, (ii) no court fee in the eye of law was paid, (iii) certificate officer signed the demand certificates in the .....
Tag this Judgment!Court : Patna
..... the 1988 act while discharging the duties of such member; and (ii) that itself makes it clear that the speaker is not the competent authority to remove a member of the legislative assembly and, accordingly, the proposition that by removal ..... obtain prior permission of the speaker before filing a charge-sheet against a member of legislative assembly when offences are said to have been committed by him as such member, lifted the sting of section 19(1) of the 1988 act by permitting the court to take cognizance without a sanction to prosecute and that clearly depicts that permission of the speaker is necessary when the member of legislative assembly is being charge-sheeted for having committed offences under ..... to deal with this aspect of the matter, it would be appropriate to set out sections 5(1)(e), 5(2) and 6 of the prevention of corruption act, 1947, hereinafter referred to as 'the 1947 act', as well as sections 13(1)(e), 13(2) and sections 19(1) and (2) of the 1988 act which are as follows :--prevention of corruption act, 1947 'section 5. ..... hon'ble acting chief justice by an order dated 12th may, 2005 fixed the hearing of these applications on 6th may, 2005 at 10.30 ..... the learned counsel for the parties on 16th may, 2005, 17th may, 2005 and 18th may, 2005.16. .....
Tag this Judgment!Court : Patna
..... , as contemplated under the aforesaid provision of the act and countermand the entire, elections of the patna parliamentary constituency and appoint another day and hours for fresh poll.2. ..... there cannot be any dispute that the parliament in its power under article 327 of the constitution while inserting the provisions, as contemplated under section 58a to chapter iv of the act, has vested the election commission with an extraordinary power to countermand entire election of a constituency in appropriate cases where large number of polling stations or places are involved in booth capturing and malpractices. ..... under section 58a(2)(a) of the representation of the people act, 1951 (in short 'the act'), in spite of mass scale booth capturing and malpractices during the election of 35, patna parliamentary constituency to the lok sabha, had ordered for repoll only at 700 booths, covering entire danapur and patna west assembly constituency, a prayer has also been made to command the said authority by a writ of mandamus or any other appropriate order or direction to discharge its statutory obligation .....
Tag this Judgment!Court : Patna
..... to look into the custom certificates but he did not find them on the assessment record nor the same were made available to him on demand and thereafter in exercise of suo motu power under section 46(4) of the act, he set aside the assessment order and remanded the matter to the assessing officer to decide the issue on admissibility of the claim afresh by order dated 12.10.1987. ..... knowledge of the commissioner from any source about any illegality with regard to any order passed by any other authority appointed under section 9, the commissioner may exercise power of suo motu under section 46(4) of the act and pass appropriate order.12. ..... admittedly, the petitioner was registered under the bihar sales tax act, and the assessment order was passed under section 17 (2) of the act, for the aforesaid period by the deputy commissioner of commercial taxes, patna special circle, ..... has been passed by any other authority appointed under section 9 for the purpose of satisfying himself as to the legality or propriety of such order and after examining the record and in inquiry, if any made, pass appropriate order. ..... commercial taxes tribunal, bihar, patna has made a reference under section 48 of the bihar finance act, 1981 with regard to an order dated 28.1.1989 passed in revision case no. ..... the applicant, thereafter, filed a reference under section 48, of the act, before the tribunal and after hearing the parties, the tribunal by order dated 8.9.89 referred the following questions of law to this .....
Tag this Judgment!Court : Patna
..... that an accused is not debarred from producing the relevant documentary materials which can be legally looked into without any formal proof, in support of the stand that the acts complained of were committed in exercise of his jurisdiction or purported jurisdiction as a public servant in discharge of his official duty thereby requiring sanction of the appropriate authority.8.3 learned counsel for the petitioners has also relied on an unreported judgment dated 17-8-99, passed by this court in criminal misc. no. ..... itself in the course of the progress of the case and it would be open to the accused to place the material on record during the course of trial for showing what his duty was and also the acts complained of were so inter-related with his official duty so as to attract the protection afforded by section 197 of the code of criminal procedure. ..... this being the position, it would be unreasonable to hold that accused even though might have really acted in discharge of his official duty for which the complaints have been lodged yet he will have to wait till the stage under sub-section (4), section 246 of the code reaches or at least till he will be ..... demanded papers showing deposit of sales tax and the road permit.1-10-91-the petitioners submitted the inspection report dated 1-10-91 and on the basis of which initiated proceedings under section 31-(3) of the bihar finance act calling upon the driver of the truck to show cause on 2-10-91 as to why penalty under section 31(3) of the .....
Tag this Judgment!Court : Patna
..... it is to be noticed that the two enactments made a short shrift of the constitution and referred to the district planning committee as has been provided un-der section 134 of the bihar panchayat raj act, 1993: it would have been appropriate as an exercise in excellence, more so when the amendments to the respective enactments were taking place as a sequel to the amendments to the constitution, to have clearly spelled out in each enactment, the details on how, to constitute ..... to do nothing except to require the state government to put the ex-officio members as are referred to in sub-clauses (a), (b), (c), and (d) in sub-section (2) of section 134 of the bihar panchayat raj act, 1993 to be identified in reference to each district planning committee of the district concerned, and put these ex officio members in position. ..... context, did refer, to placing the district planning committee in position, for instance, in the bihar and orissa municipal act, 1922 an amendment was made in 1995 by insertion of section 51b to provide for a committee for district planning. ..... entirely upon the state government to replace the suggestions of the high court by an appropriate legislation whenever it desires to do so. 24. ..... (2) the provisions of section 134 of the bihar panchayat raj act, 1993 (bihar act, 19, 1993) shall apply in respect of composition, functions, election of ..... (b) the provisions of section 134 of the bihar panchayat raj act, 1993 shall apply in respect of composition, functions election of .....
Tag this Judgment!Court : Patna
..... the state government to supersede commissioners in cast of incampetency, default or abuse of power and section 386 provides for consequences of supersession.under section 29, save as otherwise provided under the act-a) an elected commissioner is to hold office for five commencing from the date of general election of commissioners in the municipality (b) a commissioner co-opted under section 14 is to hold office ..... invoke the jurisdiction of this court under article 226 of the constitution seeking a declaration as prayed and also for issuance of an appropriate writ, order to direction to the union of india to discharge its constitutional duty-enshrined in article 355 and 356 of the constitution of india. ..... the nature, of writ of mandamus commanding the union government to act in terms to article 355 and/or 356 of the constitution of india to ensure that the government of bihar is run an accordance with the provisions of the constitution and to issue a writ of prohibition or quo warrant to or any other appropriate writ restraining and or commanding the special officer of chapra municipality ( ..... and municipalities:notwithstanding anything in this part, any provision of any law relating to municipalities in force in a state immediately before the commencement of the constitution (seventy-fourth amendment) act, 1992, which in inconsistent with the provisions of this part, shall continue to be in force until amended or repealed by a competent legislature or other competent authority or .....
Tag this Judgment!Court : Patna
..... while ordinarily, it is the plaintiff who begins first, in an appropriate case the defendant may claim such privilege or may be directed by the court to do so. ..... where, thus, the plaintiff examines his witnesses first, in terms of section 138 of the evidence act, the defendant is to cross-examine them, where the defendant examines his witnesses first, it is the plaintiff who has to cross-examine them. ..... before i conclude, i would like to observe that the expression 'adverse party' occurring in section 138 of the evidence act does not mean or refer to a part who has pleaded an adverse case. ..... the expression 'adverse party' occurring in section 188 of the evidence act has to be understood accordingly.10. ..... petitioners, submitted that the impugned order has been passed under complete misapprehension of law that only a party pleading an adverse case is entitled to cross-examine in view of provisions of sections 137 and 138 of the evidence act. ..... 2 were supporting the plaintiffs' case and, therefore, not being adverse to each other they could not be allowed to cross-examine in view of sections 137 and 138 of the indian evidence act. .....
Tag this Judgment!Court : Patna
..... the petitioner has filed this writ petition by way of public interest litigation seeking appropriate writ/order to quash the order dated 10-9-1997 passed by the sub-divisional officer, dhalbhum, jamshedpur, (annexure 12 to the writ petition) and to direct the respondents not to hold any mela/fair for sale of textile ..... in this connection, it is appropriate to quote the following extracts from the supreme (v court decision in india council for enviro-legal action (supra):--..a law is usually enacted because the legislature feels that it is necessary, it is with a view to protect and preserve the environment andsave it tor the future generations and to ensure good quality of life that parliament enacted the anti-pollution laws, namely, the water act, air act and the environment (protection) act, 1986. ..... it is the duty of the state to see that its acts, rules and notifications issued thereunder are enforced strictly. ..... these acts and rules framed and notification issued thereunder contain provisions which prohibit and/or regulate certain activities with a view to protect and preserve the environment. .....
Tag this Judgment!Court : Patna
..... circumstances it was incumbent upon the government to consider the question of abolition of the contract labour system in the context of the union under section 10 of the act and pass appropriate order 'bearing in mind all the facts and circumstances concerning it, as pleaded by it and also considered by various bodies including the findings of the petitions committee of the bihar assembly.' 20. ..... giving rise to the present letters patent appeal, which was allowed by judgment and order dated september 13, 1999 with a direction to the appellant to implement the provisions of the contract labour act, particularly, the notification dated 12/17 of february, 1993 and, further, to regularise the services of the members of the union working in the scrapyard under kay pee & company, the alleged ..... with reference to the provisions of section 10 of the contract labour act and pass appropriate order keeping in mind all the facts and circumstances including the findings ..... section 10, which is the charging section of the act, lays down that notwithstanding anything contained in the act, the appropriate government may prohibit employment of contract labour in any process, operation or other work under any establishment, having regard to the conditions of work and ..... (1) notwithstanding anything contained in this act, the appropriate government may, after consultation with the central board or, as the case may be, a state board prohibit, by notification in the official gazette, employment of contract .....
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