Judgment Search Results Home > Cases Phrase: bihar reorganisation act 2000 section 85 power to adapt laws Page 1 of about 5,424 results (0.246 seconds)

The State of Madhya Pradesh Vs. Lafarge Dealers Association

Court : Supreme Court of India

..... two years, and thereafter by legislation. this decision had referred to several earlier enactments by the parliament under article 3 beginning with the states reorganisation act, 1956 till the bihar reorganisation act, 2000 which had similar provisions under the heading territorial extent of laws and power to adapt laws as in the present case. referring to section 84 ..... by way of amendment to the law as applicable to the newly formed state. while interpreting section 84 and 85 of the bihar reorganisation act, 2000 analogous to section 78 and 79 of the reorganisation act, this court in ranjan sinha (supra) had dealt with and affirmed the underlined theory of continuity of laws in the new ..... state would not be governed by any law. this is the true effect of the legal fiction created by section 84 of the bihar reorganisation act, 2000, i.e., the reorganisation of the state would not affect the applicability of the existing laws in the state to all territories included within it before and even .....

Bihar State Forest Development Corporation Vs. Union of India (Uoi) an ...

Court : Patna

..... said submission of the learned counsel for the corporation. in view of the fact that the matter relates to interpretation of the provisions of the bihar reorganisation act, 2000 dealing with both the states, it cannot be said that this court does not have jurisdiction more so when the right given to the petitioning- ..... legal right to deal with the trade of kendu leaves in derogation to the provisions of section 65 of the bihar reorganisation act, 2000 as well as the provision of the bihar kendu leave (control of trade) act, 1973 and rules made thereunder vide gazette notification s.o. 966 dated 8.8.1989. it is further stated ..... of the state government, vide annexure a to annexure 6.4. however in the year 2000 the parliament (sic) bihar reorganisation act, 2000 and in pursuance thereof a new state to be known as 'state of jharkhand' was created comprising the territories of the existing state of bihar, namely, bokaro, chatra, deoghar, dhanbad, dumka, garhwa, giridih, godda, gumla, hazaribagh .....

Swarn Rekha Cokes and Coal Pvt. Ltd. Vs. State of Bihar and ors.

Court : Patna

..... that the objection raised by the bccl for continuation of exemption certificate granted to the petitioner is misconceived in as much as in view of section 85 of bihar reorganisation act, 2000 until and unless any such adaptations and/or modification of law is made by the state of jharkhand by way of repeal or amendment, the existing law shall ..... material (coal) from the concerned coal company till 20.12.2003.3. the petitioner was getting tax free raw material from bccl dhanbad but due to reorganisation of state of bihar the linkage coal company, this bccl dhanbad has become part of new state, namely, jharkhand state, it appears that due to such ..... has taken loan from bihar state credit and investment corporation ltd. for establishing his factory and such loan liability has become rs. 82.00.316/- till 30.9.2000.4. in the counter affidavit the respondent bccl has taken a plea that though earlier the petitioner was getting such exemption on raw material but after reorganisation of the state .....

Rajiw Kumar Vs. State of Jharkhand and ors.

Court : Jharkhand

Reported in : [2003(3)JCR20(Jhr)]

..... authority' under section 84. but if the state government intends to modify such law, may do so, after adoption of such law under section 85 of the bihar reorganisation act, 2000. 11. in view of aforesaid provision of law (section 84), even if the 1993 rules has not been adopted with modification by the government of jharkhand under ..... legislature' or the 'competent authority', but the power of adoption of laws with amendment has been delegated to both the successor states of bihar and jharkhand under section 35 of the bihar reorganisation act, 2000.10. for example, a law which requires no modification, may be allowed to continue by the successor state until otherwise provided by a ..... not. to answer the aforesaid question, it is necessary to notice sections 84 and 85 of the bihar reorganisation act, 2000, which read as follows :--'84. territorial extent of laws.--the provisions of part ii of this act shall not be deemed to have effected any change in the territories to which any law in force .....

Siddhu Kanhu University Etc. Vs. Dr. Arjun Prasad Sinha and ors.

Court : Jharkhand

Reported in : [2003(4)JCR1(Jhr)]

..... there was any want of bona fides. he also pointed out that the power was traceable even to section 85 of the bihar reorganisation act and on issuance of such an order, the application of the service commission act ceased in the state of jharkhand. he emphasized that there could be no interference with the plenary power of legislation available to ..... the schedule to the inter-state corporation act, 1957. on the wording of section 66 of the re- organisation act, 2000 alone, it may or may not be possible to reject the argument of the learned government counsel. but we find that it is by virtue of the provision in part ii of the reorganisation act that the corporate body became an ..... 6.3.2002 could not be honoured, in view of the order of the governor, annexure-10 and in the light of the relevant provisions of the re- organisation act, 2000, the decision of the learned single judge has to be set aside and the writ petition filed by the writ petitioner has to be dismissed. hence, we allow these .....

Sarveshwar Nath Singh Vs. Jharkhand Intermediate Education Council and ...

Court : Jharkhand

Reported in : 2002(50)BLJR1251

..... petitioner drew our attention to sections 3, 4 and 5 of the jharkhand intermediate education council act, 2000. actually by virtue of the powers vested in the government of jharkhand under section 85 of the bihar reorganisation act, 2000 and vide notification no. 7 dated 13.12.2000. bihar intermediate education council act, 1992 was applied to the state of jharkhand with the modifications and adaptations as mentioned in ..... the aforesaid notification.3. section 3 of the 2000 act deals with the establishment of a council to be called as the .....

Rajesh Kumar and Ors Vs. Personnel and Adminis Reform

Court : Jharkhand

..... rules, 1963 is not applicable to the civil judge (junior division) appointed under jharkhand judicial service (recruitment) rules, 2004. he contended that in view of sections 84 and 85 of bihar reorganisation act, 2000 the training and departmental examination rules, 1963 were deemed to have been operating in the newly created state of jharkhand, however the said rules have been repealed after the framing ..... . before examining the rival contentions the ambit and extent of sections 84 and 85 need to be examined. on 15.11.2000, state of jharkhand was created under the bihar reorganisation act, 2000. section 84 made the law inforce in the existing state of bihar immediately before the appointed day applicable in the newly created state of jharkhand, until otherwise provided by the competent legislature or .....

Dr. Arjun Prasad Sinha Vs. Hon'ble Chancellor Jharkhand, University Ra ...

Court : Jharkhand

Reported in : [2003(2)JCR651(Jhr)]

..... of the officers and teachers of the universities. the case of the petitioner is that the commission is a body corporate. accordingly, it is governed by section 66 of the bihar reorganization act, 2000. on 16.8.2001, the petitioner was issued interview letter, annexure- 4/1, for the said post and on 11.9.2001, the petitioner was duly interviewed. on 16 ..... something easy or easier to do or achieve.'(iv) 'to make ease, promote, help forward (action or result)' the concise oxford dictionary.this bihar university act was amended by jharkhand in exercise of power under section 85 of the act 2000 but as a consequence of that, the jharkhand university commission has not been constituted, even after two years and more. the question is .....

Monnet Ispat and Energy Ltd. Vs. Union of India and ors.

Court : Supreme Court of India

..... shri sinha that the notifications of 1962 and 1969 continued to be applicable and protected even after the creation of state of jharkhand by virtue of section 85 of the bihar reorganisation act, 2000, which provides that the existing laws prior to reorganization shall have effect till they are altered, repealed or amended. shri sinha, pointed out that the notifications of 1962 and 1969 ..... never adopted them is also without any merit and substance. the new state of jharkhand was carved out of the erstwhile state of bihar and it came into existence by virtue of the bihar reorganisation act, 2000. section 85 of that act provides that the appropriate government may before expiration of two years adapt and/or modify the law and every such law shall have effect .....

Dr. Rajesh Kumar Tiwari and Ors. Vs. Hon'ble Chancellor, Jharkhand Sta ...

Court : Jharkhand

Reported in : [2003(4)JCR187(Jhr)]

..... corporate and in view of the fact that the corporation had become an inter- state body corporate by virtue of provisions of part-ii of the bihar reorganisation act, 2000. of course, the learned senior counsel, by way of pleadings introduced at a belated stage by way of supplementary affidavit towards the end of the ..... 2001, the interviews were held. meanwhile, the existing state of bihar was bifurcated by the bihar reorganisation act, 2000. on 15.11.2000, the state of jharkhand came into being and the balance areas forming the existing state of bihar became part of the re-constituted state of bihar. there appears to have been some judicial intervention. therefore, ..... informing them that the selection process will be carried out by the state of jharkhand. on 13.12.2000 by another order in exercise of powers under section 85 of the reorganisation act, the bihar state universities act, 1976 had been adapted by the state of jharkhand with the modifications indicated in that order including .....