Court : Patna
..... petitioners, it will be useful to take a look at the relevant statutory provisions. the mines & minerals (development & regulation) act was subjected to a number of amendments by the amendment act 38 of 1999. the amendments included addition of a new provision in the form of section 23c, the marginal sub-title of which reads as:power of ..... actual administrative expenses, no money of any other kind could be realised either by the central government or by the state government under the provisions of the act or the rules framed thereunder. certainly, no collection of revenue or making of profit was permissible in the garb of grant of license by public auction ..... prevention of illegal mining, transportation & storage) rules, 2003 and contend that the impugned provisions are ultra vires section 23c of the mines & minerals (development & regulation) act, 1957 under which those were framed.3. clause (a) of sub-rule (1) of rule 7 provides that the number of stone crushers in a particular area/district .....
Tag this Judgment!Court : Patna
..... execution of the instrument of conveyance, exchange, gift, partition or settlement.' 9. by the aforesaid amendment act, 1988 necessary amendment were also made in the schedule of the act. the said act was further amended by indian stamp (bihar amendment act, 1991) whereby some minor amendments were made under section 47-a of the act i.e. in sub-section (1) of section 47-a after the words 'that the ..... . before considering the rival contention raised by the parties, it is necessary to look into the relevant provisions of the act and the rules framed thereunder. 8. section 47a of the stamp act was inserted by bihar act 15 of 1988 of the indian stamp (amendment act, 1988) which reads as under: '47a. instrument of conveyance: (1) wherethe registering officer appointed under the indian registration .....
Tag this Judgment!Court : Patna
..... the criminal law amendment act.2. this krishna singh and other convict suresh singh had filed criminal appeal no. 139 of 2001 separately and rest of the accused filed another appeal (criminal appeal no ..... tried, and he was convicted under section 302 of the indian penal code (hereinafter referred to as the 'penal code') and under section 17 of the criminal law amendment act and was sentenced to be hanged till death for offence under section 302 of the penal code, as well to undergo simple imprisonment for six months under section 17 of ..... under section 302 read with section 149 of the penal code and sentenced to undergo life imprisonment and were also convicted under section 17 of the criminal law amendment act, 1908 and sentence to undergo simple imprisonment for six months. appellant suresh singh was further convicted under section 27 of the arms .....
Tag this Judgment!Court : Patna
..... [1978] 114 itr 82, the orissa high court noticed the decision of the supreme court in arundhati balkrishna'scase : [1970]77itr505(sc) . it noticed the amendment of the act which came after the aforesaid judgment of the supreme court. the discussion is contained in one paragraph of the judgment which is as follows (at page 84) : ..... court answered the reference before it in favour of the revenue. after noticing the judgment of the supreme court in arundhati balkrishna : [1970]77itr505(sc) and the amendments to the act thereafter it observed (at page 248) : 'the explanation made it quite clear that the term 'jewellery' was taken in its wider meaning. it included ornaments ..... other article or worked or sewn into any wearing apparel.' 8. it is necessary to notice the background in which section 5 of the wealth-tax act was amended by the finance (no. 2) act, 1971. in cwt v. arundhati balkrishna : [1968]70itr203(guj) , the court was considering the question whether the assessee was entitled to claim .....
Tag this Judgment!Court : Patna
..... .' 23. by the notification no. s.o. 43 dated 1st february, 2000, the respondent no. 1 the state of bihar in exercise of power under section 56 (1) of the act amended rule 45 (b) of the rules in following manner. 'in the said rules in clause (b) of rule 45 after the words,' have already expired' the following words shall be ..... in seriatim.16. before adverting to the submissions advanced at the bar it will be useful to refer to the relevant provisions of the act and the rules.17. the act has been primarily enacted to consolidate and amend the law relating to levy of tax on the sale and purchase of goods in bihar. section 3 is a charging section. section 31 ..... (b) is also arbitrary, unreasonable and oppressive.11. the stand of the state is that the original rule 45(b) as well as the amended rule 45(b) are all valid and not ultra vires of the act. it is not violative of article 301 of the constitution of india nor arbitrary or violative of article 14 of the constitution. the aforesaid .....
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..... the suit, an ex parte decree dated 29-4-1987 for eviction against the petitioners was passed. on 14-5-1987 the plaintiff filed a petition for the amendment of the ex parte order dated 29-4-1987 on the ground that no specific date was given in the decree by which the defendants were directed to ..... get relief due to delaying tactics adopted by the tenant. the legislature being conscious of the aforesaid situation for the first time introduced section 14 in the present act prescribing special summary procedure for disposal of the eviction suit filed by the landlord for eviction of the tenant on the ground of personal necessity as mentioned in ..... a suit under this section shall follow the practice and procedure of a court of small causes including the recording of evidence. chapter iv of the provincial small cause courts act provides practice and procedure. section 17 falling under the said chapter is as follows : 'application for the code of civil procedure- (1) the procedure prescribed in .....
Tag this Judgment!Court : Patna
..... 5) of section 5 having served its purpose and protected the transfers made during the period of one year from the date of commencement of the act had become redundant and was accordingly deleted by amendment act 1 of 1973, which deletion was not made with retrospective effect, as such, the lands donated under the gift shall remain protected and will be ..... by the counsel for the petitioner over the provisions contained in sub-section (5) of section 5 of the act to protect the gift made in the year 1962 is wholly misplaced as the said provision stood deleted by amendment act 1 of 1973, as such, could not be relied upon to protect the transfers made through the deed of ..... to the lands which were the subject matter of the gift deed, the authorities would take into account the provisions contained in sub-section (5) of the act as was amended by bihar act 18 of 1962, providing for a grace period of one year during which the land holder could transfer his lands to his son, daughter, any children of .....
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..... it for use in such area : provided that the central government may, after consultation with the successor state government or governments concerned add to, amend or vary the conditions attached to the permit by the authority by which the permit was granted.(2) no tolls, entrance fees or other charges ..... as follows :-- '67. temporary provisions as to continuance of certain existing road transport (1) notwithstanding anything contained in section 88 of the motor vehicles act, 1988, a permit granted by the state transport authority of the existing state of bihar or any regional transport authority in the state shall, if such ..... bihar and the state of jharkhand. the parliament has also made provision with regard to supplemental, incidental and consequential matters. part vii of the bihar reorganisation act contains provisions to certain corporations. section 67 falling under the aforesaid part contains temporary provisions as to continuance of certain existing road transport permits, which runs .....
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..... additional solicitor general on the interpretation of section 163a and also to verify whether there are corrections in the second schedule. learned additional solicitor general stated that amendment .might take some time. in this view of the matter, we think it would be appropriate if the central government takes necessary action as early as ..... the specific provision in section 163a that the central government may, keeping in view the cost of living, by notification in official gazette from time to time amend the schedule, nothing has been done so far. further, by order dated 30.8.2000, this court again noticed number of anomalies in the second schedule ..... the central government may, keeping in view the cost of living by notification in the official gazette, from time to time amend the second schedule.13. second schedule referred to in section 163a of the act, provides for a structured formula for the purpose of grant of compensation of third party involvedin the fatal accident. according .....
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..... aditya prasad, reported in 1984 bljr 132, wherein while construing the provisions of section 8(1)(c) of the bihar buildings (lease, rent and eviction) control act, 1947 (bihar act 3 of 1947), it was held that, 'the expression other buildings as used under this clause would mean the buildings in respect of which municipal assessment had not ..... the impugned re-visional order raising following two vital questions having a bearing on the construction and applicability of the provisions contained in section 8(1)(c) of the act: (i) section 8(1)(c) cannot have any application to such building which has been subjected to municipal assessment; and (ii) the proviso to section 8( ..... 'makan' and the cut-off date as '1st november, 1941', were printed. in the council by an amendment the word 'anya' was deleted and the cut-off date was substituted as '1st december, 1980' and after incorporating these amendments, the bill was passed by the council on 27th july, 1982. copies of the bills as placed and passed .....
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