Court : Patna
..... the release of their vehicles, which have been admittedly seized either by the police officials or by the forest authorities in exercise of power under section 52 of indian forest act as amended by bihar (amendment) act, 1989 (bihar act 9/90) (hereinafter referred to as the bihar amendment act) for illegal transportation of katha (catechu) and khair wood in contravention of provisions of the indian forest act as well as for quashing the confiscation proceeding pending before the authorised officer ..... the judgment as follows:a close, careful, and combined reading of the various sub-sections of sections 44, 45 and 58a of the act as introduced or amended by act 17 of 1976 leaves no doubt that the intendment of the legislature was to provide for two separate proceedings before two different forums and there is no conflict of jurisdiction as section 45 as amended by the amendment act, in terms curtails the power conferred on the magistrate to direct confiscation of timber or forest produce on conviction of the accused ..... truck and the katha biscuits were seized on the ground that the accused persons have committed the offence punishable under sections 33, 41, 42 of the indian forest act as amended by bihar amendment act and under section 379, 411, 412, 413, 414, 120b of the indian penal code. ..... initiated by the authorised forest officer in terms of the provisions of the forest act as amended by the bihar amendment act and in which notice has been issued to the petitioner to show cause.4. .....
Tag this Judgment!Court : Patna
..... under the provisions of the indian forest act, as amended by bihar (amendment) act 9/90, appeal is provided under section 53-a of the act. ..... chief judicial magistrate for the release of the truck which was rejected by him on the ground that a confiscation proceeding has already been initiated, as reported by the competent authority to him, under the provisions of the act, as amended by bihar (amendment) act 9/89. ..... 261/92 under sections 414/413 of the indian penal code read with sections 41/42 of the indian forest act was registered against the petitioner and ors. 3. ..... bpv 8715, was seized by the police officer on the allegation that timber was being carried away on the said truck in contravention of the provisions of the indian forest act (hereinafter referred to as the act). ..... a police case, being hatia p.s. .....
Tag this Judgment!Court : Patna
..... learned counsel representing the board however submits that the amended provision under the act does not have the effect of ousting the jurisdiction of the civil court from a ..... all such matters which were pending before the civil courts prior to the said amendment would continue to be decided by the civil courts and tribunal is not the forum for ..... taking the rival contentions and submissions which have been made on the question of law, a plain reading of the provision of section 43 of the act would show that the said provision is prospective in nature because there is no transitory or ouster clause in the section or sub sections of section ..... another contention which has been made by learned senior counsel based on the reading of section 43(4) of the act is that the tribunal has been vested with the same power as the civil court while trying a suit or executing a decree or ..... 2000 after 22.5.2008 after section 43 of the bihar hindu religious trust act as amended by the bihar act no. ..... the law as amended will come into effect from the date when it is notified, more so when the section does not say that all the pending matters before the civil court will stand automatically transferred ..... by virtue of this amendment a tribunal came to be constituted for decision of disputes with regard to ..... tribunal shall have the same powers as are vested in a civil court under the code of civil procedure, 1908 (central act 5 of 1908), while trying a suit or executing a decree or order. ..... 1 of 2007 came into .....
Tag this Judgment!Court : Patna
..... this sub-section was inserted into the act by the prevention of corruption (second amendment) act, 1952, and it purported to finally settle any doubts which may arise as to which authority should grant the sanction in the case of a public servant who had committed an offence mentioned in section 6(1 and ..... notifications issued a notification under section 6 of the delhi special police establishment act, 1946 and thereby granted consent to all members of the delhi special police establishment (cbi) to exercise powers and jurisdiction under the delhi special police establishment act, 1946 for the whole of the state of bihar in respect of investigation of, inter alia, offences punishable under the prevention of corruption act, 1947 with a proviso that where the public servant employed in ..... connection with, inter alia, the affairs of the government of bihar in relation to offences under said act, prior consent of the ..... triable by the court of session, warrant cases triable by the magistrate and cases instituted otherwise than on police report, the court is required to assign reasons in case of discharge of the accused but in case of framing charge .....
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..... 17(1)(ii) penal code amendment act ..... learned counsel submitted that these petitioners are entitled to parity with those named accused persons against whom neither any overt act nor any specific allegation has been made and have been enlarged on bail by the orders passed by the learned single judges of this ..... in paragraphs 449 and 450 of the case diary had belatedly and falsely implicated the petitioners on the ground that the petitioners were seen armed passing through their village but no overt act or specific allegation has been made against any of the petitioners as regards their involvement in the occurrence. ..... who are co-villagers and the petitioners pending in the court of the sub-divisional magistrate, jehanabad which is why they have been falsely implicated and named by the informant and in absence of any overt act or specific allegation having been attributed against them, the petitioners are entitled to be released on bail.29 ..... but it is stated in the bail application that neither any overt act nor any specific allegation has been made against him and as there is a land dispute pending, between the petitioner and the prosecuting party who are co-villagers, in the court of the sub-divisional ..... informant had stated that because of terror and fright no one dared including the informant to proceed to the police station to lodge an f.i.r ..... 2.12.1997 later the same day a special-investigation team was constituted under sri sridhar mandal, sub-divisional police officer, arbal.37 .....
Tag this Judgment!Court : Patna
..... later on by amendment in the year 1987 by bengal, agra and assam civil courts (bihar amendment) act, 1987 the pecuniary jurisdiction of the district judge to hear the appeal from the decree of the subordinate judge has been further increased and now the appeal up to the value ..... ) dealing with the said question this court held that for the purpose of determining the forum of appeal under section 21 of the civil courts act, the value of the suit as given in the plaint, not challenged by the defendants and accepted by the trial court, must be deemed to be the only value of the suit, and the appeal against ..... raised by the stamp reporter that the value of the suit for the purposes of jurisdiction as well as for the purposes of court-fees must be the same under section 8 of the suits valuation act and therefore, the value of the suit for the purpose of jurisdiction must have been also taken to rs. ..... the district judge to hear appeals from the judgment and order of the subordinate judge has been changed from time to time by making amendments in section 21 of the civil courts act. ..... 21 of the bengal, agra and assam civil courts act, 1887 (hereinafter to be referred to as civil courts act) contains the provisions with regard to appeals from subordinate ..... court noticed that the aforesaid judgments were rendered in a suit for mesne profits and were governed by section 7(v) of the court-fees act and provisions of section 8 of the suits valuation act were excluded from being applied to such cases. .....
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..... is engaged-- (a) in the manufacture of motor vehicles; or (b) in building bodies for attachment to chassis; or (c) in the repair of motor vehicles; or (d) in the business of hypothecation, leasing or hire-purchase of motor vehicles, it is not disputed that the said definition in the central act was amended on 14-11-1994 where by the manufacturer of motor vehicles was taken out of the definition of 'dealer' under section 2(8) and the 'manufacture' was separately defined under section 2(21)(a) of the ..... it was found that the decision in bolani ores' case : [1975]2scr138 could not be of much assistance to the appellants, because the definition of 'motor vehicle ' in section 2( 18) of the motor vehicles act, 1939, as amended by act 100 of 1956 was incorporated by reference in the kerala motor vehicles act, 1963, and therefore, the definition of 'motor vehicles' after its amendment by act 100 pf 1956 applied. ..... anticipating a spate of refund applications as a result of decision in bolani ores case, the governor of the state of orissa promulgated an ordinance on 11-2-1975 known as the orissa motor vehicles taxation laws (amendment) ordinance, 1975 which amended section 2(c) of the taxation act with retrospective effect defining 'motor vehicle' virtually in the same term as the definition stood in the central act after the amendment by act 100 of 1956. .....
Tag this Judgment!Court : Patna
..... the contention of the learned senior counsel for the petitioner that an amendment can only be permitted under the provisions of the act for giving better particulars of corrupt practices already pleaded but an amendment cannot be permitted to incorporate new corrupt practice and in the context the reliance placed by the learned counsel on the decision of the madras high ..... he further submitted that the power of the high court to grant leave to amend the pleadings while trying an election petition is subject to the restrictions envisaged in sub-section (5) of section 86 of the act inasmuch as the high court cannot allow any amendment of the petition which will have the effect of introducing new particulars not previously pleaded in the election petition and the same restriction is equally applicable to the power of the high court ..... court it was contended that on the date of filing of application for amendment, a suit for specific performance of contract was barred by limitation in view of the provisions contained in article 53 of the limitation act, the amendment ought not to have been allowed by the high court. ..... that material facts as contemplated under section 83(1)(a) of the act cannot be amended either in the election petition or in the written statement.24 ..... the learned counsel that the restrictions envisaged in sub-section (5) of section 86 of the act are equally applicable while considering an application for leave to amend the written statement by the petitioner is untenable. .....
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..... however, a division bench of the same high court in re : nishit mohan chatterjee, reported in (1993) 97 cal wn 636 held that after incorporation of sub-rule (4) by the amending act in order xxii, rule 4 of the code, the earlier judgments of the said court were no longer a good law and the power of exemption under sub-rule (4) of order xxii, rule 4 ..... from the repeal and saving clause as contained in section 97(2)(r) of the amending act, which provides that the provisions of sub-rule (4) of order xxii shall not apply to any order of abatement made before the commencement of section 73 of the amending act, meaning thereby if an order of abatement has been made on or before 1-2-1977 when the amending act came into force, the provision of sub-rule (4) will not apply ..... prior to the amendment by the code of civil procedure (amendment) act, 1976 (104 of 1976) (hereinafter 'referred to as 'the amending act'), there was no provision in the code vesting discretion in the court to exempt the plaintiff from substituting the legal representatives of ..... section 97 of the amending act contains a provision with regard to repeal and savings and section 97(2)(r) provided that the amending provisions as contained in rule 4 of order xxii shall not apply to any order of abatement made before ..... the parliament enacted the amending act and by section 73 thereof, sub-rule (4) was inserted in order xxii, rule 4 of the code, sub-rule (4) runs as follows :- '(4) the court whenever it thinks fit, may exempt the .....
Tag this Judgment!Court : Patna
..... 1921 patna 6, has considered the question as to what is the meaning of final decree or order within the meaning of article 182(2) of the old limitation act which provided that the period of limitation will start in case of filing of appeal from the date of judgment and decree of the appellate court ..... dated 17.1.2000 and remitted the matter to the court below to decide the amendment matter and observed that the main question is to be decided is as to whether the petitioner can proceed with the execution case or not and that is the question which is to be decided first before allowing the amendment petition in the execution case and the thereafter the executing court has considered the question and held that the ..... . the following object and reasons have been stated for replacing the article 182 of the old limitation act.existing article 182 has been a fruitful source of litigation and therefore, the proposed article 135 (now article 136) in lieu thereof, provides that the maximum period of limitation for the execution of a ..... application of the judgment debtor with regard to restoration of possession and kept the amendment petition filed by the decree holder in abeyance. ..... by the judgment debtor for restoration of the possession toiler and the amendment petition filed by the decree holder. ..... the petitioner had filed amendment petition in the execution ..... bellow allowed the amendment petition. ..... and this court by order dated 10.11.1999 directed the court below to consider the amendment matter. .....
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