Judgment Search Results Home > Cases Phrase: appropriation no 2 act 2006 Court: patna Page 9 of about 315 results (0.074 seconds)

Sanjay Kumar Singh S/O Late Dilip Kumar Singh Vs. the State of Bihar a ...

Court : Patna

Reported in : 2009(57)BLJR2281

..... as to whether any person is or is not the legal representative of the deceased land-holder, such question shall be determined by the collector or the appropriate authority.it appears to me on a conjoint reading of section 45 of the act, and rule 55 of the rules, that the primary duty for substitution is on the legal representatives of the deceased land-holder. ..... arising out of orders passed under section 8 or sub-section (3) of section 16 pending before any authority on the date of commencement of the bihar land reforms (fixation of ceiling area and acquisition of surplus land) (amendment) act, 1982, shall abate: provided further that such appeal, review or reference arising out of orders passed under section 8 or sub-section (3) of section 16 as has abated under section 13 of the bihar land reforms (fixation ..... - if the land-holder 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, ..... 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 ..... view that the ultimate responsibility in the scheme of the act for substitution of the legal representatives of the deceased land-holder is on the appropriate authority.10. .....

Lal Muni Devi Alias Kumar and ors. Vs. State of Bihar and ors.

Court : Patna

..... in the extract under sub-section (1) of section 12 are to be treated as final allotment orders for the raiyats and under-raiyats concerned under sub-section (3) of section 13 of the act and under section 14 of the act the consolidation officer is to fix the date with effect from which the final consolidation scheme is to come into force and shall modify the same in the unit in the prescribed manner, whereafter ..... of consolidation for-re-publication of the register of lands if he is satisfied that larger number of raiyats on or under raiyats could not avail the opportunity to file their objections under sub-section (2) of section 10 of the act after recording reason s in writing and any person may within twenty days of such re-publication, file before the assistant consolidation officer objection in respect thereof disputing the correctness of entries in the register of lands or in the ..... held by the appellate authority as well as the revisional authority that the objection filed by the petitioner was not maintainable in view of the bar contemplated under section 10-a of the act, as he had not raised nay objection at the appropriate stage under section 10 (2) of the act. ..... the petitioner ought to have agitated the matter under section 10 (2) of the act at the appropriate stage, but having not done so, he was not entitled to raise and objection at any subsequent stage of consolidation proceeding in view of the bar imposed by the provision contained in section 10-a of the act.9. mr. .....

Smt. Shanti Devi and ors. Vs. Ram Mohan Thakur and ors.

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. .....

Ashok Kumar Agrawalla Vs. State of Bihar and ors.

Court : Patna

..... the writ petition holding that a licence issued under the unification order cannot be cancelled due to non observance of the directions to shift their place of business to the market yard as per the act the following reasons:(i) that the period of 90 days having lapsed after the suspension of licence, the fresh notice issued for showing cause as to why the licence should not be cancelled is illegal ..... 2 and 3 therefore in their capacities as authorities under the provisions of trade article (licences unification) order may not be entitled to enforce the provisions of the said act however, in terms of the provisions of the essential commodities act as also the provisions of the said order it becomes the duty of the licensing authority to see that the licensees under the said order carry out their business not only ..... sub-section (2) of section 3 provided: that if an order is made under sub-section (1) of section 3 it provided for grant of issue of licences in other alleged matters.under section 5 of the essential commodities act, state government is empowered to direct mat the power to marke orders or issue notifications under section 3 shall in relation to such matters ands subject to such conditions, if any, as may be specified in the direction ..... shall be written and in regard to the authentication and maintenance of the register in paragraph above.such a residuary power of the licensing authority has been preserved for its exercise only in an appropriate case like the present one. .....

Kanhai Rai and ors. Vs. Dharampal and ors.

Court : Patna

..... of the specific provision contained in section 144, under chapter x of the (under which section 140 also falls), to the effect that the provision of this chapter shall have effect notwithstanding anything contained in the act or in any law for the time being in force, the provisions of chapter xi dealing with insurance of vehicle against the third party risks could not be resorted to for fixing liability on the insurer under ..... and of the use of a motor vehicle, owner shall be liable to pay compensation in respect of such death or disablement, but the conjoint reading of the said provision and the provisions contained in chapter xi of the act, which deals with the insurance of motor vehicles against the third party risks, clearly shows that the liability in relation to death of or bodily in-jury to any person is covered by the insurance policy includes the liability ..... (respondent herein) against the order dated 25-6-1999 passed by the motor accidents claims tribunal (for short 'the tribunal') under section 140 of the motor vehicles act 1988, (hereinafter referred to as 'the act') directing it to pay the interim compensation on no fault basis and further held that the insurance company is not liable to pay the interim compensation under the aforesaid section and it is the owner alone ..... have relied upon the provisions of the act as well as upon the decisions rendered by the apex court as well as by the different high courts, which will be referred to at the appropriate places. 6. .....

Rambad Patila Shramik Sahyog Samiti Limited and anr. Vs. the State of ...

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. .....

Prof. Rabindra Nath Singh Vs. State of Bihar and ors.

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 .....

The Bihar State Financial Corporation and ors. Vs. Parmanand Kumar Etc ...

Court : Patna

..... to transfer by way of lease or sale and realize the property pledged, mortgaged, hypothecated or assigned to the financial corporation as well those industrial concerns against which action has been taken under section 29 of the act, but no attempt for transfer of such assets of the industrial unit has been made by the corporation are classified as one class and (ii) those industrial unit against whom action under section 29 of the ..... unit thus rendering the sale order ineffective, and unit could not be handed over and sold thereafter, promoters of such unit may be allowed to avail the facilities of ots under any appropriate eligible plan but the must now deposit the specified initial money for retention before applying for ots. ..... all payment made previously under ots 2004 including the forfeited amount will be adjusted towards normal repayment and their pos will be calculated as on date of applying for ots 2006 and new settlement worked out accordingly.however ots 2004 concerns who have not defaulted and are continuing and who do not opt for ots 2006 can also opt for special concessions as given para 14. ..... the object with which it has been framed, no distinction can be made amongst the defaulters promoters whose assets are with the corporation for entertaining them under one time settlement scheme of 2006, and different terms cannot be offered for this reason alone.17. ..... such units are at liberty to apply for bsfc ots scheme 2006 as a new case and their settlement amount shall be as .....

Ashok Kumar Singh Vs. State of Bihar and ors.

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. .....

Maqbool Ansari Vs. State of Bihar and anr.

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. .....