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. .....
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..... 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 .....
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
..... matter to the authority to reconsider whether the relief of monetary compensation in lieu of reinstatement in service, as earlier directed by it might not be a more appropriate relief having regard to the fact that the termination of employment was for a reasonable cause being on the ground that the initial appointment was irregular and illegal. ..... was held that removal from service on the ground of the appointment being irregular and illegal was covered by the expression 'for a reasonable cause' within the meaning of section 6 of the shops act and in such a case, therefore, the principles of natural justice had no application, and in case the concerned employee was given a month's notice or a month's wages in lieu of the ..... bench of this court that removal from service on the appointment was irregular and illegal was covered by the expression 'for a reasonable cause' within the meaning of section 26(1) of the act and it, therefore, did not attract the principles of natural justice and the action of the administrator in passing the order of removal from service without giving the concerned employee an opportunity ..... as follows:'one of the submissions of the learned attorney-general was that when the question was one of disqualification of an individual member, section 16 of the punjab municipal act expressly provided for an opportunity being given to the member concerned whereas section 238(1) did not provide for such an opportunity, so, by necessary implication, it must be considered .....
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 high court in second appellate jurisdiction is in appropriate cases, not precluded from appreciating the evidence and determine ..... lower appellate court has held that, in view of the position that the suit was filed on the ground of personal necessity in terms of section 11(1)(c) of the act, it had to be tried as per the summary procedure prescribed by section 14(7) of the act which was not followed, and was erroneously tried as per the detailed procedure. ..... submitted that the present appeal is not maintainable and the learned court of appeal below was right in concluding that a civil revision application was alone maintainable in terms of section 14(8) of the act, the present appeal in this court is not maintainable and is in fact not bona fide.7. ..... is well settled that the scope of a revision application in terms of section 14(8) of the act is wider than the one under section 115 of the code of civil procedure. ..... that the power conferred on this court in terms of section 14(8) of the act is wider than the revisional powers under section 115 of the code of civil ..... hand, learned counsel for the plaintiffs supported the impugned judgment and submitted that the appeal was not maintainable and the defendants are acting mala fide in various ways to prolong their continuance in the suit premises. ..... therefore, held that the defendants ought to have preferred a civil revision application before the high court in terms of section 14(8) of the act and the appeal before him was not maintainable. .....
Tag this Judgment!Court : Patna
..... the registrar-cum-returning officer for reasons best known to him and in the meantime the opinion of the advocate general was taken in which it was opined that it does not appear appropriate to act on the basis of the election held in 2003 almost three years ago. ..... referred to the learned advocate general, bihar for his legal opinion who gave his opinion that on the basis of election held almost three years back it does not appear to be appropriate to act. ..... to quash the letters dated 10.7.2007 and 27.9.2007 by which the chancellor of universities has directed for holding fresh elections of the members of the syndicate under section 22(1)(h) of the bihar state universities act, 1976 and the further memo dated 21.10.2008 issued by the registrar-cum-returning officer of the university by which he has issued election communiqu for holding fresh election of the syndicate from the professors ..... that on the petitioner's representation to the vice-chancellor, the registrar-cum-returning officer was directed for re-counting of votes which was held on 14.8.2006 but the results were not declared by the registrar despite orders of the vice-chancellor to that effect.5. ..... of the petitioner and direction of the chancellor fresh counting was held on 14.8.2006 and the position reported was that after excluding the name of dr. ..... , 9.8.2006 whereafter the registrar-cum-returning officer recommended for re-election on the ground that none of the winning candidate have secured more than two votes .....
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. .....
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