Judgment Search Results Home > Cases Phrase: disturbed areas special courts act 1976 Court: patna Page 13 of about 232 results (0.121 seconds)

Sri Gurunanak Deoji Gurudwara, and ors. Vs. the State of Bihar, and or ...

Court : Patna

..... we therefore direct that the order dated 30.12.1995 is set aside and the matter is remanded to the court of additional collector, katihar, to issue notice to the appellants and then pass a fresh reasoned order after due opportunity and consideration of cause that may be shown by them.we wish to make it clear that we are not concerned ..... appellants makes a short submission that before this order came to be reconsidered by the additional collector reducing it to one unit in terms of what the state contends as a retrospective amendment of section 29(2) (a)(ii) of the bihar land reforms (fixation of ceiling area and acquisition of surplus land)act, 1961 after ten years on 30.12.1995. ..... the supreme court in air 1964 sc 506 (the state of mysore vs k. ..... 192 of 1976-77 in an order passed by the collector, katihar dated 10.5.1985.2. .....

Raza Imam Rizvi Vs. State of Bihar

Court : Patna

..... in view of the discussions made above and the suspicion that has arisen in the mind of this court, this court is of the view that the prosecution has not been able to prove the charge levelled against the appellant beyond all reasonable shadow of doubt.in the result, ..... summarizing the evidence on the point, as noticed above, it has been submitted before this court that, in all fairness, the prosecution should have completed the entire process at the place of occurrence, particularly, considering the fact that the team remained operative at the place of occurrence (secretariat premises ..... particularly, the contents of the complaint (ext.12), learned counsel for the appellant submits that the demand of bribe made by the appellant as such is not free from doubt as, admittedly, the appellant acting as under secretary in the excise department dealt with the files of the complainant (p.w.13) much prior to 25.11.1986.9. ..... it has only been indicated as one of the points but the court was not taken to the relevant evidence in this regard and no further submission was made by learned ..... the learned trial court has further found the appellant guilty under section 5(2) read with section 5(1)(d) of the prevention of corruption act, 1947 and sentenced to undergo rigorous imprisonment for 01 year and was also imposed ..... out of and is directed against the judgment and order dated 3rd december, 1992 passed by the learned special judge, vigilance (south bihar), patna in special case no. ..... punjab 1976 cri .....

Dr. Sanjay Kumar Sinha and ors. Vs. State of Bihar and ors.

Court : Patna

Reported in : AIR1989Pat241; 1989(37)BLJR331

..... a counter- affidavit was filed in that case by the respondent-state in which, inter alia, it was stated that in view of the order of the supreme court post-graduate classes for 1988 shall have to be started from 2nd may, 1988, the test examination of 1987 must be held prior to that so that the classes might start at least from ..... shall be established a permanent bench ofblished a permanent bench of the high court at patna at ranchi, and such judges of the high court at patna, being not less than three in number, as the chief justice of that high court may, from time to time, nominate, shall sit at ranchi in order to exercise the jurisdiction and power for the time being vested in that high court in respect of cases arising in the districts of hazaribagh, giridih, dhanbad ..... 11-5-1988 principally on the ground that the authorities had not followed the schedule fixed by the supreme court, and since the admission had been delayed, the benefit of such delay may be given to ..... before parting with the case, we must take notice of a disturbing feature.this writ petition was filed on 14-2-1989 and was listed for ..... court noticed the delay and did not quash the action of the authorities in the special facts and circumstances of that case, is now being pleaded as a justification for further breach of the directives of the supreme court. ..... the order could have been passed by the hon'ble acting chief justice on the administrative side and that only after an order admitting i the case for hearing ..... 1976 .....

Hari NaraIn Singh and ors. Vs. State of Bihar and ors.

Court : Patna

..... under section 8 shall be deemed to be record of tight prepared and finally published under chapter x of the bihar tenancy act, or as the case may be chapter xii of the chotanagpur tenancy act or the santhal parganas settlement regulation 1872, which in view of the law laid down in the case of nand kumar rai (supra) by the full bench of this court the right and title of the recorded tenant arising there from in not conclusive and the same ..... bar to objection--no question in respect of any entry made in the map or registers prepared under section 9 of the statement of principles prepared under section 9-a relating to the consolidation area, which might or ought to have been raised under section 10 but has not been raised, shall not be raised or heard at any subsequent stage of the consolidation proceeding.8. ..... section 10-d of the act gives special power to the deputy director of consolidation for republication of the registers of lands if he is satisfied that large number of raiyats or under raiyats could not avail the opportunity to file their objections under sub-section (2) of section 10 of the act after recording reasons in writing and any person may within twenty days of such re-publication; file before the assistant consolidation officer objection in respect thereof disputing the correctness of entries in the register .....

Sakal Paswan @ Sakal Dusadh Son of Moti Paswan and ors. Vs. the State ...

Court : Patna

..... the division bench further held that law is equally well settled that in case of doubt or difficulty enforcing the provisions of the act, the court shall lean in favour of the land holder because they are being deprived of their property to which they had valid title.13 ..... the petitioners, who are parcha holders under section 27 of the bihar land reforms (fixation of ceiling area and acquisition of surplus land) act (hereinafter referred to as 'the ceiling act') and rule 44 of the bihar land ceiling rules, 1963, pray for quashing the notice dated 10.11.2008 purported to have been issued by the anchal adhikari, kudra, kaimur whereby the petitioners have been directed to ..... . in other words, only after disposal of appeal and revision under the act, it is found that the land holder holds land in excess of the ceiling area, the same could be acquired under section 15(1) and distributed under section 27 read with rule 44 of the land ceiling ..... ) has held in paragraph 10 as follows:10...law is well settled that once the land has been declared surplus and the requisite notification in terms of section 15(1) of the act has been issued the lands shall vest in the state government and remains custodia legis ..... . in the case of dadan ram(supra), the apex court held that before reopening of the case for fresh disposal under section 45(b) of the act, notice and opportunity of hearing should be provided to the parcha ..... initially only two units were granted to his family on 16.6.1976 by the s.d.o .....

Gopal Prasad Vs. Baushidhar Singh and ors.

Court : Patna

..... (2) the consideration for which any interest in the property of the deceased may be transferred under this section shall, in the absence of any agreement between the parties, be determined by the court on application being made to it in this behalf, and if any person proposing to acquire the interest is not willing to acquire it for the consideration so determined, such person shall be liable to pay all costs of or incident to the application. ..... in both the decisions kerala high court and punjab and haryana high court proceeded on the basis that when section 22 of the said act does not provide any special procedure for seeking the remedy, the ordinary process for enforcement of any civil right has to be resorted to by the co-heirs who wish to enforce their right under the said provision. ..... the following list shows the cases which are to be entered under this head, and without the special orders of the high court, no addition may be made thereto :-- (a) cases under the code of civil procedure. ..... counsel, put heavy reliance on the ratio decided by the kcrala high court in the case of valliyil sreedevi amma, (air 1976 kerala 19) (supra) and the case of kamal goel, (air 1999 punj and har 254) decided by the punjab and haryana high court (supra) and submitted that the only remedy available to a party for enforcement of preferential right conferred under section 22 of the said act is by way of filing a civil suit. ..... air 1976 kerala 19 and kamal goel v. .....

Vidya Nand Jha @ Bidya Nand Jha, Son of Prayag NaraIn Jha and ors. Vs. ...

Court : Patna

..... ) : air 1976 supreme court 2140, (iii) madan ..... sinha was posted as the assistant sub-inspector, special branch, patna between year 1977 to 1989. ..... each under section 120b, 420, 467 & 468 of the indian penal code and rigorous imprisonment for two years under section 13(i)(c) and 13(i)(d) read with section 13(2) of the prevention of corruption act, 1988 and fine of rs. ..... forgery and cheated the railways by misappropriating the funds by using forged warrants would be that the prosecution should be in a position to establish that actual loss was incurred because of the acts of the appellants. ..... act 1988 r/w section 13(2) of the said act and within my cognizance.sixthly, that you during the aforesaid period and place the above capacity, by corrupt and or illegal means or by otherwise abusing your position as public servant obtained ..... penal code, rigorous imprisonment for two years section 468 of the indian penal code, rigorous imprisonment for two years under section 13(i)(c) and 13(i)(d) read with 13(2) of the prevention of corruption act and a fine of rs. ..... two years under section 468 read with 471 of the indian penal code, rigorous imprisonment for two years under section 13(i)(c) and 13(i)(d) read with 13(2) of the prevention of corruption act and a fine of rs. ..... code, rigorous imprisonment for two years under section 468 of the indian penal code, rigorous imprisonment for two years under section 13(i)(c) and 13(i)(d) read with 13(2) of the prevention of corruption act and a fine of rs. .....

Union of India (Uoi) and anr. Vs. Assistant Labour Commissioner (Centr ...

Court : Patna

..... this view of the matter is not a legal fiction as the proceedings forming the subject matter of a criminal charge of a person from the primary court of trial to the ultimate court of final appeal or revision really constitute one proceeding and, however, varying the fortunes of the person indicated may be, the proceeding can always have only one result, and that is the result ..... the period from april 19, 1938 to december 1, 1977alongwith interest in terms of sub-section (3-a) of section 7 of the payment of gratuity act from 30 days after the judgment of the high court exonerating the applicant from the charge of misconduct resulting in his dismissal.6. ..... based on the ground of his conviction by the criminal court but once that conviction has been set aside by the high court, it cannot be construed that the employee concerned has committed an act which constitutes an offence involving moral turpitude. ..... 1, the assistant labour commissioner (central) patna who was the controlling authority under the said act for considering the whole matter afresh after giving due notice to the union of india and after allowing the applicant to add the union of india as necessary party in ..... a petition before the assistant labour commissioner (central) new area, kadam kuan, patna under the provisions of the payment of gratuity act (hereinafter referred to as the said act), for payment of gratuity. ..... matter was subjudice in the court of the special judge, c.b.i. ..... of dismissal was passed on april 19, 1976. .....

Rotary Club, Begusarai Etc. Vs. State of Bihar and ors.

Court : Patna

Reported in : AIR2001Pat115; 2000(48)BLJR2184

..... therefore, the counsel for the petitioner, believing the map to be true and correct, conceded before the high court and a wrong order has been passed which will lead to grave injustice to the petitioner and to the people of begusarai because the order of the high court would completely kill the blood bank and the blood bank cannot run efficiently in a government hospital as ..... may further be pointed out that a number of statements made in the special leave petition before the supreme court, having a direct bearing on the facts in issue were found to ..... of pat ljr) :"after these facts had been noticed, and submissions made by learned counsel appearing for the respective parties, and regard also being had to the supreme court decisions, there was no issue left, as the existence of the offending constructions was clearly on the public road (in this case, the national highway). ..... and affirmed that the location is not in doubt and further made a statement on behalf of the state of bihar, upon instructions from the district magistrate present in the court, that the constructions are on the public road and highway's side patri, and on the space and area, the conforming use of which is reserved for the road. ..... as a measure of the level to which the proceedings before this court has gone down, they leave this court indignant, disturbed and sorrowful. ..... writ petition was sought to be maintained before this court was completely frivolous and the filing of this writ petition was an act of irresponsibility. .....

Chand Prasad and ors. Vs. State of Bihar and ors.

Court : Patna

..... thus, apart from the issue of denial of the right of the individual to participate in the election process, these cases presented before this court the grave situation where a number of elections might have to be eventually set aside as a result of the errors committed in the preparation of ..... needless to say that in the very nature of the things the court would act with reluctance and shall not act, except on a clear and strong case for its intervention having been made out by raising the pleas with particulars and precision and supporting the same by necessary ..... it was felt that at this stage any interference by this court on the issue of delimitation of panchayat areas would be bound to dislocate the schedule for the coming elections and would cause indefinite delay in ..... category of cases, therefore, the court was prima facie of the view that having regard to the gravity of the error being complained of, if was essential to find out some remedial measure without disturbing the election schedule. ..... (air 2000 sc 2979) (supra) specially what is stated in sub-paras (2) and (4) of para 32 of the decision, i feel satisfied and convinced that not only there is scope for this court to issue appropriate directions to correct the grave errors in the election process but in the facts and circumstances as narrated above an occasion has arisen to ..... the records of these cases, i wish to put on record due acknowledgment of the assistance received from the bar; special appreciation is due to mr. .....