Court : Patna
..... article 48a of the constitution of india specially casts a duty on the state to protect the environment. ..... the secretary also mentioned that the administration is also concerned in the loss of catchment areas contributing to the recharge system and during monsoon. ..... prem kumar verma, submitting before the court that a similar matter is before another bench and the petitioner ought to have mentioned this and the petition is a duplication and is otherwise misplaced. 2. ..... let this matter be placed before the court on 13 may, 2003 under the supplementary list. ..... but, this is the cycle of nature, which as far as possible should not be disturbed. 5. ..... the court indicated to the secretary that at least the plans be drawn up for setting up a municipal water works for patna ..... the environmental protection act, 1986 casts an obligation to preserve the balance between consumption and natural resources. 9. ..... the court only needs to remind the state administration that protecting the environment and preserving the ecological balance is now an obligation set upon every citizen under the constitution. ..... the court was indicated by the secretary, urban development along with the chief engineer, patna water board that the ground water level in patna falls at the rate of 5 feet per year during summer. ..... the court takes this petition on an entirely different plane ..... the funds available for habitat water consumption be indicated to the court. ..... he accepts that unplanned unauthorised urban sprawl has covered these areas. .....
Tag this Judgment!Court : Patna
..... it is accordingly directed that having removed the encroachments from the lanes and the bye-lanes of the area, the patna municipal corporation will make a formal request to the patna electric supply undertaking for streamlining its electricity poles in the area so as to cause least disturbance in the free movement of people within three month from the date of written request from the municipal corporation.9. ..... as the proposed removal of encroachments from the lanes, by-lanes of lohanipur presented a host of complex problems, involving a number of issues, this court deemed it fit to constitute a committee consisting of three members of the bar and two officers of the authority to make a survey of the area and to submit a report giving suggestions as to the best manner for carrying out the task of removal of encroachments in lohanipur. ..... it is stated in the stated in the report that all the electricity poles in the area are fixed in the centre of the lanes and are causing obstruction in the free flow of traffic. ..... it is expected that notices in terms of section 3 of the act will be issued within a moth from the date of receipt/production of a copy of this order and proceedings will be completed and final order will be passed within three month from institution of the proceeding.10. ..... government of bihar and the dristrict magistrate, patna are accordingly directed to pay immediate special attention to the problem of encroachment over public land in lohanipur area. .....
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..... there is nothing to show that there was awareness in the mind of the district magistrate, the detaining authority was satisfied in considering his antecedents and previous criminal acts, that there is likelihood of his indulging in criminal activities jeopardizing the public order if he is enlarged on bail and that there is every likelihood that the petitioner may be released on bail within ..... the distinction between the expression 'public order' and 'law and order' is well settled by several decisions of the apex court as well as this court and it would be useful for deciding the point in controversy to refer some of the recent decisions pointing out the guidelines ..... their lordships of the supreme court noticed that the detenu has been given in para 2 of the judgment and on consideration, their lordships held that they were the incidents directed against single individuals having no adverse effect on public order disturbing even the tempo of life or even the (sic)anquility ..... in : 1982crilj1191 , their lordships held that the true distinction between area of public order and law and order lies not in the nature or quality of the act but in the degree and extent of its reach upon the society. ..... the object of the act as revealed from the preamble, is to make special provision for the control and suppression of antisocial element with a view to ..... the police had to introduce special intensive patrolling and conducted raids to apprehend criminals in order to restore public order and .....
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..... district magistrate, the detaining authority of the fact that the petitioner was in jail at the time of clamping of the order of detention and the detaining authority was satisfied in considering his antecedents and previous criminal acts, that there is likelihood of his indulging in criminal activities jeopardizing the public order if he is enlarged on bail and that there is every likelihood that the petitioner may be released on bail within a short time ..... state of bihar reported in : 1984crilj909 which has been referred in mustakmiyan's case (supra), the supreme court construed the expression 'habitually' to mean repeatedly or persistently and observed that it implies a thread of continuity stringing together similar repetitive acts but not isolated, individual and dissimilar acts and that repeated, persistent and similar acts are necessary to justify an inference of habit.28. ..... public order in the area was completely disturbed and, as such, sufficient police force was deputed to restore normalcy of public order in the area. ..... the object of the act as revealed from the preamble, is to make special provision for the control and suppression of antisocial element with a view to maintain the public order. ..... the people of the area were so much terror stricken that they started closing their houses and shops before dusk and public introduce special intensive patrolling and conducted raids to apprehend criminals in order to restore public order and confidence amongst the people. .....
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..... petitioner that according to section 14 a court of session has to be specified as as special court and as the court of session is presided over by the sessions judge, he alone can be designated and specified as special court for the purposes of the act and the additional sessions judges cannot be specified as a special court to try the offences under the act.18. ..... act itself is not workable as there is neither provision for institution and investigation of the case nor provision for trial or appeal against the judgment of the special court (iii) the appointment of additional district and sessions judges as a special court by the government notification is in breach of provisions of section 14 of the act as only the court of session could be specified as special court ..... learned counsel for the petitioner has raised an additional point in course of argument the offence under section 302 and other sections of the penal code cannot be tried by the special court constituted under section 14 of the act.as stated above the session court has been notified as a special court under the act. ..... of late, there has been an increase in the disturbing trend of commission of certain atrocities like making the scheduled castes persons eat inedible substance like human excreta and attacts on and mass killings of helpless scheduled castes and ..... of a person likely to commit an offence of atrocity in any areas including in scheduled areas or tribal areas as referred to in article 244 of the constitution. .....
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..... the further stand of the learned advocate general is that the state government in furtherance of achieving the object of the rules 2002, issued the impugned press communique to prevent the academic collapse specially in the rural areas and to restore the academic atmosphere in three state of bihar by weeding out fake teachers and necessary guidelines have been issued for implementation, of rules 2002 vide notification dated 11.6.2003, where all confusions have ..... rules and further according to heydon's principle, a well recognised mode to interpret an enactment, the court must see as to what was the law before making of the act; what was the mischief or defect for which the law did not provide; what is the remedy that the act has provided; what is the reason of the remedy and, thus, the court must adopt that construction, which suppresses the mischief and advances the remedy.36. ..... above that there are ways and means to identify the fake appointees and the procedures laid down in the impugned rules, in my opinion, do not appear to be logical based on sound public policy, rather it appears to be a harsh measure to disturb the teaching administration of the nationalised secondary schools and the object, therefore, cannot be achieved contrary to the settled provisions, as referred to above, and, thus, preference should be given to the leading provisions of the principal statute.52 .....
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..... it was stated by the state of bihar in its petition under section 13 of the bihar special courts act, 2009( act in short) that during search operations on 6.7.2007 in connection with the above noted case, cash ..... with the above motto, the legislature established special courts by enacting the bihar special courts act, 2009 which was to be presided over by persons who were or had been sessions judges or additional ..... in two judgeships out of a total number of thirty judgeships and those are, patna and muzaffarpur and the total number of 2922 cases were pending up to december, 2010, which are to be tried by the special courts created for trying the offences under the prevention of corruption act, 1988, ranging from 2000 to 2010 which figure included 646 and 625 such cases of years prior to 2000 which were pending in different ..... batch of four appeals arises out of an order passed by the learned additional district and sessions judge-cum-authorised officer, patna, on 17.3.2011 under section 15 of the bihar special courts act, 2009, in connection with special case no. ..... of the service of the order, failing which the district magistrate, patna or the authorised officer was to take possession by taking all coercive steps in view of the provision contained in section 18(2) of the bihar special courts act, 2009. 2. ..... of uttar pradesh in the year, 1976 and had worked in that department till 1979 whereafter he joined indian forest service under ..... and d2, 4th cage, peenyl industrial area, bangalore. .....
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..... ' in delhi development authority (supra) it was also observed that absence of any law like the present act (safema) will not deter the supreme court from passing necessary orders for attaching the property of a person who is defrauding others in view of its jurisdiction under article 142 of the constitution. ..... against the said judgment of the learned single judge, special leave petition was again filed before the supreme court and the supreme court after hearing the said appeal was pleased to remand the writ petitions for hearing in accordance with law and in the light of the judgment of the supreme court. ..... in all these writ petitions proceedings initiated under the smugglers and foreign exchange manipulators (forfeiture of property) act, 1976 (hereinafter called the safema) have been challenged.2. ..... it is clear from the preamble, set out above, that safema is a special legislative device for curbing certain economic offences and dealing with the offenders who are acting against the interest of the national economy.5. .....
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..... after recording such a finding, the hon'ble judge proceeded further in the matter under section 14 of the contempt of courts act and directed that the petitioner be detained in adarsh central jail, beur, patna, and a copy of the order was asked to be served upon the ..... contended before me that a fair understanding of section 19(1) and section 19(2) read in juxtaposition with section 14(4) of the contempt of courts act, 1971 it would clearly appear that an appeal against the order rejecting prayer for bail would be maintainable. ..... appeal shall lie as of right from any order or decision of high court in the exercise of its jurisdiction to punish for contempt, where the order or decision is that of a single judge, to a bench of not less than two judges of the court; where the order or decision is that of a bench, to the supreme court; provided that where the order or decision is that of ' the court of the judicial commissioner in any union territory, such appeal shall lie ..... court, reported in 1976 air sc 1207, the supreme court had observed that only those orders or decisions in which some point is decided or finding is given in the exercise of jurisdiction by the high court to punish for contempt, are appealable under section 19 of the act ..... supreme court has further observed that in such a case the advocate general or any other person who has with the consent in writing of the advocate general moved the high court can always come to supreme court by a petition for special leave .....
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..... it would appear from a discussion of the provisions of family courts act, 1984 that legislative intent is to grant only one right of appeal to hjgh court and right of appeal at an intermediate stage is expressly excluded. ..... appeal is not maintainable, has not been passed with due regard with the provisions of the family courts act and also the scope of interference of the high court under article 227 of the constitution of india. 6. ..... appeal is not maintainable under section 19(1) of the family courts act, 1984 even then the order appealed against was stayed by the same division bench. ..... the bill, inter alia, seeks to :-- (a) provide for establishment of family courts by the state government; (b) make it obligatory on the state governments to set up a family court in every city or town with a population exceeding one million; (c) enable the state government to set up,such courts, in areas other than those specified in(b) above; (d) exclusively provide within the jurisdiction of the family courts the matters relating to :-- (i) matrimonial relief, including nullity of marriage, judicial separation, divorce, restitution of conjugal rights, or declaration as to the ..... the code of civil procedure was amended in 1976 to provide for a special procedure to be adopted in suits or proceedings relating to matters concerning the family. .....
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