Judgment Search Results Home > Cases Phrase: continuance of legal proceedings act 1948 Court: patna Page 4 of about 82 results (0.087 seconds)

Prabhawati Devi and anr. Vs. the State of Bihar and ors.

Court : Patna

..... section 45-c of the said act reads 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 thereon continue to proceed against the substituted land-holder or holders. 14. ..... it is true that the said act is a self-contained code, in savitri devi drolia's case (supra) the division bench proceeded on the basis that there was no provision under the act for substitution of the legal heirs or representatives and on that basis it was held that a proceeding cannot be contained against a dead person. ' 11. ..... 29 there cannot be any doubt whatsoever that substitution of the heirs and legal representatives of the deceased landholder is possible only when a proceeding is pending before the collector or appeal or revision or before any other authority. 18. ..... from 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. .....

Smt. Mira Tibrewal W/O Sri Satyanarayan Prasad Vs. the State of Bihar ...

Court : Patna

..... prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done in pursuance of any order made or deemed to have been made under this act. ..... other legal proceeding shall lie against the government for any damage which is in good faith done or intended to be done in pursuance of any order made or deemed to be made under this act.32. ..... aforesaid, i direct the respondents to forthwith make adequate fund allocation for payment of enhanced rental, as directed by the subdivisional officer -cum- rent controller and continue to pay the same till further orders of competent authority in that regard. ..... : air 1981 supreme court 1681:.we hope and trust that the central government will honour its legal obligation and not drive the appellant to file a suit for recovery of the amount of ..... we hopefully expect that the central government will not try to shirk its legal obligation by resorting to any legal technicalities, for we maintain that in a democratic society governed by the rule of law, it is the duty of the state to do what is fair and just to the citizen and the state should not seek to defeat ..... is the arbitrary action of the government in not paying the petitioner what is legally and fairly payable. ..... - nothing contained in this act shall apply to a tenant whose landlord is the local authority or the state government or the central government or the bihar state shwetamber jain trust board or bihar state digamber jain trust board .....

New India Assurance Co. Ltd. Vs. Urmila Devi and ors.

Court : Patna

..... not kept alive for adjudication under the new act the liability with respect to which as per section 6, general clauses act, 'legal proceeding or remedy' contemplated under the old act has to be continued or enforced. ..... pointed out above, the language of the provisions in section 92-a (1) or 92-a (3) does not either expressly or by necessary implication affect the right of the respondents existing at the commencement of the proceedings, the right not to be burdened unless the ingredients of negligence are pleaded and established. ..... amendment made in the year 1982 continued till 1988 act came into force with effect from ..... lala nanda 1985 acj 57 (gujarat), is a case where a table that has been given under the workmen's compensation act has been considered and whether the new table has to be applied or the old table has to be applied and ultimately, the gujarat high court held that the rates of compensation as found in the schedule ..... repeal by sub-section (1) of the repealed enactments(a) to (f) xxx xxx xxx(3) any penalty payable under any of the repealed enactments may be recovered in the manner provided by or under this act, but without prejudice to any action already taken for the recovery of such penalty under the repealed enactments. ..... makhija 1992 acj 369 (bombay), the fact before the division bench was that a claim case under section 110-a of 1939 act was filed on 17.12.1988 before the claims tribunal claiming compensation in respect of an accident which took place on 1.7.1988. .....

Eastern Coalfields Ltd. Vs. State of Bihar and ors.

Court : Patna

..... intent of the said act the apex court in maharashtra tubes limited (supra), also made it clear that the provision of section 22(1) of the 1985 act should receive a wide construction and further held that the expression 'proceedings' in section 22(1) of the said act should not be limited to legal proceedings as understood in a ..... the majority judgment, has been pleased to hold as follows in paragraph 23 at page 553 of the said report:(i) that the legal pursuit of a remedy, suit appeal and second appeal are really but steps in a series of proceedings all connected by an intrinsic unity and are to be regarded as one legal proceeding. ..... implementation or where an appeal under section 25 relating to an industrial company is pending, then, notwithstanding anything contained in the companies act, 1956 (1 of 1956), or any other law or the memorandum and articles of association of the industrial company or any other instrument having effect under the said act or other law, no proceedings for the winding up of the industrial company or for execution, distress of the like against any of the properties of the industrial ..... is aggrieved by the decision of the lower authority to register a reference, the said right of appeal must be considered to be a right vested in the person aggrieved when he files the reference and such a right is in continuation of the right to file a reference under section 15 of the said act.27. ..... be treated to be a continuation of original proceeding to register a reference. .....

New India Assurance Co. Ltd. Vs. Yasoda Devi and ors.

Court : Patna

..... the new act the liability with respect to which as per section 6, general clauses act, 'legal proceeding or remedy' contemplated under the old act has to be continued or enforced ..... not come into force and the provisions of the old motor vehicles act, 1939 (hereinafter referred to as 'the act') were applicable to the claim in question, the learned tribunal committed, a legal error in awarding rs, 25,000/- as interim compensation under section 140 of the new act, the interim compensation should have been awarded properly under section 92-a of the act which was applicable to the instant claim relating to the accident which ..... the provisions in section 92-a(1) of 92-a(3) does not either expressly or by necessary implication affect the right of the respondents existing at the commencement of the proceedings, the fight not to be burdened unless the ingredients of negligence are pleaded and established. ..... the amendment made in the year 1982 continued till 1988 act came into force with effect from 1.7.1989 reads as under:95(2)(b) where the vehicle is a vehicle in which passengers are carried for hire or reward or by reason of or in pursuance of a contract of ..... repeal enactments:(a) *** *** ****(b) *** *** ***(c) *** *** ***(d) *** *** ***(e) *** *** ***(3) any penalty payable under any of the repealed enactments may be recovered in the manner provided by or under this act, but without prejudice to any action already taken for the recovery of such penalty under the repealed enactments. .....

Chandra Nath Thakur and ors. Vs. the Bihar Sanskrit Shiksha Board and ...

Court : Patna

..... for the managing committee on the other hand, while referring to the provisions of sub-section (2) of section 22 of the act contended that after commencement of the present act only the legal proceedings or remedies instituted or enforceable by or against the former bihar sanskrit education board or its servants may be continued or enforced, as the case may be. ..... because it has been rightly held by the impugned judgment that in absence of any statutory rule framed by the state government, as required under section 22(2) of the act, it has to be held that the board or the chairman can not exercise any disciplinary power to accord approval of the order of dismissal passed by the managing committee against a teacher ..... because undisputedly, payment of salary to the employees of the school has to be made out of the fund created bf the state government under section 13 of the act, known as sanskrit shiksha nidhi, which in terms of section 14(ka) thereto, has to be utilized for payment of salaries and allowances to teaching and non-teaching staff of sanskrit schools and tolls in the manner prescribed by ..... basic questions were raised before the learned single judge for consideration--(i) whether the provisions of the bihar sanskrit siksha education board act, 1981 confer any power upon the board to approve or disapprove disciplinary action taken by the managing committee against a teacher, (ii) whether the managing committee of the school in question subsists in view of the order of .....

Md. MoinuddIn Son of Nawab Shah Alias Md. Nawab Ali Vs. Md. Mustafa So ...

Court : Patna

Reported in : AIR2010Pat24,2010(58)BLJR4

..... this aspect of the matter in fact gets also clear from the provision of section 85 of the act which lays down that no such or other legal proceeding shall lie in any civil court in respect of any dispute, question or other matter relating to any wakf, wakf property which is required by or under this act to be determined by a tribunal. ..... even though the wakf act, 1954 and wakf amendment act, 1984 were sought to be repealed, since there was no provision of a tribunal in the aforesaid old act for excluding the power of the civil court in terms of section 7 of the act it must be held that the suit which was filed by the plaintiff- opposite party on 29.1.1990 or appeal arising out of such decree dated 5.5.2000 in the suit of the year 1990 was to be continued and disposed of by the civil ..... examining the scheme of the act had held that-the tribunal shall not have jurisdiction to determine any matter which is subject matter of any suit or proceeding instituted or commenced in a civil court before commencement of the act and if any suit has been instituted in any civil court prior to coming into force of the wakf act, 1995, then the tribunal will have no jurisdiction to decide such matter and to continue and conclude as if act has not come into .....

Bhudeo Choudhary, Vs. the State of Bihar and ors.

Court : Patna

..... 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 thereon continue to proceed against the substituted land-holder ..... behalf of the preemptors that order xxii of the code of civil procedure had not been made applicable to proceedings under the act and, therefore, articles 120 and 121 of the limitation act, 1963 are also not applicable and, therefore, there could be no abatement of the preemption cases on ..... either hold that the d.c.l.r being collector under the act, was obliged to exercise his powers suo motu to bring on record the legal heirs, who had already applied for substitution or direct the d.c.l.r to proceed afresh with the preemption cases after allowing the ..... during the pendency of a ceiling proceeding, the legal representatives are required to pray for substitution within 30 days of the death of land holder or the collector has been empowered to act suo motu to bring the legal heirs on record and then proceed with the ceiling case. ..... that section 45 c of the act and rule 55 of the rules were not attracted in the case of preemption proceedings because they provide for substitution of the legal representatives of only a deceased land holder, a term defined in the act and not in the case of .....

Umesh Singh Alias Umesh Prasad Singh Vs. State of Bihar

Court : Patna

..... trial and deal with his case as per mandate of section 475 of the code of and rules 3 and 4 of the rules on the ground that such protest against proceeding before the ordinary criminal court should have been raised before the magistrate at the earlier stage or even in the sessions court at the time of framing of charge but the same was ..... to west bengal also, (ii) expiry of period of three years of limitation prescribed for court-martial proceeding by section 122 of the army act, 1950 would not confer jurisdiction upon the ordinary criminal court if it did not have initial jurisdiction due to ..... bail petition, petitioner had mentioned about his being an army personnel but it is also admitted that even till the framing of the charge, no objection to the continuance of the proceeding before the ordinary criminal court was ever taken.5. ..... the case of superintendent and remembrancer of legal affairs, west bengal (1986 cri lj 1248) (supra), the supreme court affirmed the decision of the calcutta high court to the effect that (i) section 549(1) of the code of criminal procedure 1898 and provisions of the rules applied even to a judge presiding over a special court in view of specific amendment effect by virtue of central act xxii of 1966 and such amendment apply ..... the case of superintendent and remembrancer of legal affairs, west bengal v. .....

Swami Narendra Brahmachari S/O Shri Badri Prasad Tiwari Representing Y ...

Court : Patna

..... (5) no suit, prosecution or other legal proceeding shall lie against the tribunal judge for any damage caused or likely to be caused by anything, in good faith done or intended to be done in pursuance of the provisions of this act.5. ..... 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 those matters. ..... 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 43. ..... 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 an order. ..... 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 retrospective date. ..... petitioner wants quashing of the proceedings and the order which have been passed by the civil court in execution case no. ..... (4) the 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. .....