Court : Patna
..... thus, having regard to the facts of the case, particularly the decisions of this court referred to above, in my view, the district magistrate or the district agriculture officer had no authority to issue orders, restricting the wholesale dealer or retail dealer in any manner contrary to the conditions of ..... state of bihar ilr (1976) 55 pat 281, where the court having examined different clauses of fertilizer (control) order, 1957 ..... state government to appoint such number of persons as it thinks necessary to be registering authorities for the purpose of this order, and may, in such notification, define the limits of local area within which such registering authority shall exercise his jurisdiction. ..... i, accordingly, quash the order of the special judge, muzaffarpur dated 22-9-1993 taking cognizance of the offence as well as ..... reliance was also made to another decision of this court in the case of shri krishna rice & oil ..... ilr (1976) 55 pat 281 (supra), this court held that the state government was not vested with such power of the central government under the control order to issue directions to a dealer in fertilizer regarding distribution of stock or ..... 17 of 1993 under section 7 of the essential commodities act on the basis of the written report of the district ..... that petitioner had violated the provisions of the fertilizer control order, 1985 (in short 'control order') as also the terms of the certificate of registration and, therefore, punishable under the essential commodities act.2. .....
Tag this Judgment!Court : Patna
..... of hills division : [1958]1scr1240 , for the proposition that the nature and power of supervision and control by the high court under article 226 and 227 is limited where there are no errors of law apparent on the face of the record or there are no serious infirmity in ..... submissions made at the bar and the various provisions of law which has been cited, this court is of the considered opinion that keeping in mind the definition given in the act with regard to sugarcane grower there was no infirmity in filing of an application by respondent no ..... requirement of law is that a farmer should have cultivated sugarcane in the reserved area and the said cane should have been left in the field and not lifted. ..... under section 31 of the act to declare an area to be the reserved area for a sugar mill and purchase of cane grown in the reserved area is governed by section 32 of the act. ..... by virtue of the amendment to the act made in the year 1993 section 32a was introduced, which is reproduced here for ready reference: 32-a - payment of compensation - if cane remains un-disposed in reserved area, the order for payment of compensation to the cane growers concerned shall be made after due enquiry by the cane commissioner after giving an opportunity of being heard to ..... the year 1997-98 with regard to the liability of the company to pay price of sugarcane to the sugarcane growers specially respondent no. ..... union of india : [1976]2scr1060 , where reliance is placed on paragraph 18 of the said judgment, .....
Tag this Judgment!Court : Patna
..... to above the government in exercise of power under sub-section 1(b) of section 4 of the act, appointed the motor vehicle inspectors for different areas as surveyer for the purpose of survey of the mechanically propelled vessels plying in the territorial jurisdiction of bihar and not that he has been vested with the power under section 9(1) of the act, to grant survey certificate which exclusively is vested in the state government or a person appointed by ..... government may, by notification in the official gazette, appoint in this behalf' and section 9(1) provides that the state government shall, if satisfied that all the provisions of the act, have been complied with in respect of a declaration sent under section 8, clause (a) a certificate of survey, in duplicate, to be prepared, and (b) notice thereof to be given by post or otherwise to the. ..... the pendency of the said writ petition the unsocial element started disturbing the ferry service run by the petitioner and in stead of ..... 10 did not possess the required survey certificate from the competent authority, this court finds it difficult to uphold the validity of settlement or issuance of parwana in his favour more so as it ..... according to section 10a of the inland vessels act, 1917 a certificate of survey shall have effect throughout the state in which it is issued provided that such a certificate may be endorsed by the state government or any other state or with the general or special sanction of the state government of that other .....
Tag this Judgment!Court : Patna
..... - notwithstanding anything contained in this act, all proceedings in respect of a juvenile pending in any court in any area on the date on which this act comes into force in that area, shall be continued in that court as if this act had not been passed and if the court finds that the juvenile has committed an offence, it shall record such finding and instead of passing any sentence in respect of the juvenile, forward the juvenile to the board which shall pass orders in respect of that ..... upon the said consideration, the juvenile justice board held that on the date when the offence is said to have been committed by the appellant, that is, on 15.02.1993, the date of birth of the appellant, being 02.02.1976, he was 17 years and 13 days, that is, admittedly, less than 18 years of age. ..... juvenile, in accordance with the provisions of this act as if it had been satisfied on inquiry under this act that a juvenile has committed the offence: [provided that the board may, for any adequate and special reason to be mentioned ..... special provision in respect of pending cases. .....
Tag this Judgment!Court : Patna
..... this fact that during the pendency of the suit, he was dispossessed by the defendants and this dispossession took place about four years ago since the date of recording of his evidence in court, but it appears that the plaintiff has not sought any amendment in the plaint regarding his dispossession from the suit land during the pendency of suit.let me see - whether the statement ..... the suit land, did not file jamabandi return showing the plaintiff as raiyat over the suit land.it appears from perusal of the judgment of the first appellate court that the first appellate court ignored these two important points and without considering this fact that when the ex-landlord had not filed jamabandi return showing raiyat with respect to the suit land ..... howsoever erroneous can not be disturbed by the high court in exercise of the powers under ..... it has been argued by the learned advocate of the respondents that according to sub-section (2) of section 86 of the bihar tenancy act, it is mandatory for the raiyat to give notice to the landlord for surrender of his raiyati land but the defendants have not brought any such notice on record ..... of the report of the pleader commissioner it appears that on 13.5.1976 he had made local inspection as per the writ issued by the court of ist additional munsif, siwan and on inspection he had found the ..... the latrine was found covering an area of 40 links east to west x 20 links north to south, out of which ..... 1575 comprising an area of 1 katha 14 dhurs with the pond .....
Tag this Judgment!Court : Patna
..... information report, it has been said that when the p.w.2 & p.w.7 estende(sic) were sleeping, the four accused came and the cots were pressed by them upon the three persons but in the evidence in court, the witnesses have said that they were not sleeping when the four accused came and further in the first information report, they are saying that the lantern was removed and, so, they ..... whom the witness gives evidence had the opportunity to form the opinion about the general tenor of the evidence given by the witness, the appellate court, which had not this benefit will here to attach due weight to the appreciation of evidence by the trial court and unless there are necessary weighty and formidable it would not be proper to reject the evidence on the ground of minor variations or infirmities in the matter of trivial ..... as to this contention, first a reference may be made to the observations of the supreme court from time to time, out of which specially the following, in the case of state of u.p. v. m. k. ..... appellant satish sah has been acquitted of the charge under section 27, of the arms act and so, the case under section 302, ipc is not made out. ..... lj (para 19): before this court it was argued that judging from the area of spread, the gunshots were probably fired from a distance of 36 yards which would make the prosection story inconsistent with the above theory ..... of haryana air 1976 sc 2499 : 1976 cri. ..... of tamil nadu 1976 scc (cri. ..... state of punjab 1976 scc (cri) 527 at ..... 518 : 1976 cri. .....
Tag this Judgment!Court : Patna
..... the state, reported in 1975 bbcj 701 : (air 1976 pat 256) a division bench of this court upon considering the definition of the 'land' as contained in section 2(0 of the act observed as follows at page 264:-- 'a mere reading of the definition is in my view, conclusive in ..... for the parties in that case were remisss in not bringing to the notice of the court that the amendment made in section 4 of the act to the effect that the ceiling area has to be determined upon taking into consideration the lands owned and held by the members of the 'family' as defined in section 2(ee) of the said act whether jointly or individually. ..... this aspect of the matter has been considered by a special bench of this court in 1986 pljr 67 : (air 1986 pat 166) state of bihar ..... in terms of the provision of the said act, a ceiling area has to be determined keeping in view the lands available at the hands of the family which in view of its defintion as contained in section 2(ee) thereof includes the husband, wife and their ..... the petitioner's husband is a land holder and the ceiling area in terms of the provisions of the said act has to determined keeping in view the state of affairs as was existing ..... of the petitioner is that in view of the aforementioned agreement the said lands have been given to her in lieu of maintenance which should not be taken into consideration while determining the ceiling area of her husband under the bihar land reforms (fixation of ceiling area and acquisition of surplus land) act.3. .....
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..... 205 of 1981 and 65 of 1984, respectively, the common question of law referred to this court for opinion under section 256(2) of the income-tax act, 1961 (hereinafter to be referred to as 'the act' only), reads as follows : ' whether in the facts and circumstances of the case, the tribunal was in error in holding that the income from the mining business of the 'assessee was not assessable as income of an association of persons ?' 2. ..... in the reported judgment the learned judges, after finding a distinction between the charging section 3 of the old act read with section 2(9) and the charging section 4 of the present act read with section 2(31), observed that the idea of the present section 4 seems to make the provision simpler and to divest the authorities of any discretion to treat the income of one unit as the income of another unit ..... for the rest of the cases referred to under section 256(1) of the act, the common question of law referred to this court for opinion reads asfollows : ' whether, on the facts and in the circumstances of the case, the tribunal was right in law in holding that the income of the assessee from mica mining business should not be assessed as a ..... the andhra pradesh high court also has referred to an earlier decision of the patna high court in mahendra rumor agrawalla's case : [1976]103itr688(patna) and that of the punjab and haryana high court in rodamal lalchand v. ..... likewise for the assessment years 1976-77, 1973-74 and 1971-72 corresponding to tax cases nos .....
Tag this Judgment!Court : Patna
..... for whose benefit the particular provision has been enacted it may be noted here that the act contains several beneficial provisions, out of which sections 5, 7 and 8 of the act are beneficial provisions for the landlords and out of them section 8 of the act has a predominantly social nature, particularly in favour of the landlord and hence a purposive approach has to be made with special care so that the main object of the legislature in favour of the landlord may ..... .16. furthermore so far the question raised by the landlord, namely, 'the mills' with respect to the rate of interest is concerned, the revisional court has rightly directed in the impugned order that while paying the dues, the tenant should pay simple interest as applicable in the state bank of india or in any other commercial bank as no valid material or provision of ..... record and the provisions of law, it is quite apparent that admittedly the corporation is the lenant of 'the mills', which is the owner of the premises in question and is the landlord of the corporation since the first agreement dated 30.12.1976, whereafter, fresh agreement of lease was executed by the parties on 06.09.1979 for a period of five years fixing the rent at the rate of rs. 0.50 per sq. ..... . the said executive magistrate made an enquiry about the prevalent rent in the area and submitted his report dated 29.12.1987 stating that although rs .....
Tag this Judgment!Court : Patna
..... 's case (supra), there was no scope for anyone to entertain a doubt about the liability of the employer in a beedi industry to deposit the employees' as well as the employer's contribution under the act and the scheme after making necessary deduction from the wages of home workers employed by the establishment regardless of the fact whether they were directly employed, or employed through contractors or whether they worked within or ..... further, as regards the period covered by general stay order given by the supreme court on the application challenging the notification extending the provisions of the act to an industry/class of establishment, the employees' share shall be payable from 1st of the month following the ..... respondent was not satisfied and it again filed two special leave petitions before the supreme court being slp nos.15312 and 15313 of 1992. ..... have noticed that as early as on january 22, 1977, a notice under section 7a was issued to the respondent for the period july, 1966, to december, 1976, and a code number was also allotted to the establishment of the respondent. ..... summons showed that the notification intended to apply the provisions of the act with effect from july, 1966, to december, 1976. ..... the material placed before us, it is evident that by issuance of a notification on june 1, 1976, a summons had been issued to the respondent in january, 1977, in terms of section 7(1) of the act. ..... to the respondent had been issued for the period from july 1966 to december, 1976. .....
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