Court : Patna
Decided on : Mar-30-2006
..... is itself flawed and it results from a basic error in understanding the true import, purpose and object of the rules.12. from the marginal heading of section 23c of the act, it is evident that power was given to the state government to make rules to prevent illegal mining, transportation and storage of minerals and the state government ..... the provisions of clause (d) of sub-rule (1) of rule 7 of the rules were bad and illegal and ultra vires section 23c of the act.1. there was nothing in section 23c of the act, under which the rules were made to empower the state government to auction the license or to charge any money for granting the license ..... 1) of rule 7 of the bihar minerals (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 .....
Tag this Judgment!Court : Patna
Decided on : Nov-14-2006
..... can not be said to be a factory within the meaning of the word 'factory' as defined in clause-m of section 2 of the factories act, 1948.14. reference of mines act, 1952, clause (jj) of section 2 of mines act has also been made at the time of argument. in nutshell, it has been stated that the impugned order dated ..... petitioners.12. it is further stated that the learned court below took cognizance under sections 6 and 7 of the factories act punishable under section 92 of the factories act without applying its mind to the facts and circumstances of the case.13. it is further stated that it would be manifestly evident that ..... case no. 67/2002 without verifying any fact and prayed before the learned court below to take cognizance under sections 105, 106 and 119 of the factories act, 1948, for violation of the provisions of section 6 read with section 7 of the factories act and under rule 3, 3(a), 4, 5 and 11 of: bihar factory rules, 1950, against the .....
Tag this Judgment!Court : Patna
Decided on : May-04-2006
..... shall lie against any member or officers or other employees of the board for anything done in good faith or intended to be done under this act. section 56 of the indian electricity act. 1910 provided that no suit, prosecution or other proceeding shall lie against any public officer or servant of a local authority for anything done or ..... the background of which the allegations arise. they having been declared public servants, the order of cognizance was bad in absence of sanction under the aforesaid act as also under section 197 of the code of criminal procedure.4. he relied upon a bench decision of this court in the case of baliram singh v. state of ..... .10. presently, such is the case, by virtue of section 81 read with section 82 of the electricity (supply) act, 1948 and section 56 of the indian electricity act, 1910. the embargo of sanction under section 197 of the cr.p.c. has been incorporated in section 56 of the indian electricity act, 1910 and has to be considered on the same principles .....
Tag this Judgment!Court : Patna
Decided on : Nov-08-2006
..... such manner and with such particulars and within such time and to such authority as may be prescribed. learned counsel further submitted that in light of section 95 of the act, there was no scope for the argument that under rule 56 the prescribed authority must be allowed some discretion to relax the period of 45 days ..... materials. in that view too, the strict adherence to the time limit fixed under rule 56 would appear inappropriate and unreasonable. he lastly submitted that section 95 of the act was bad and suffered from excessive delegation of power as it allowed the delegatee to make prescriptions on a number of issues without laying down any guidelines ..... not mandatory. further, being procedural in nature, the provision of rule 56 can not be allowed to defeat the substantive right of the dealer under section 56(2) of the act. in this regard, he also submitted that taking a contrary view and disallowing any power to the prescribed authority to condone the delay in submitting form .....
Tag this Judgment!Court : Patna
Decided on : Mar-09-2006
..... basis of a report given to the police, patna g.r.p.s. case no. 254 of 1990 under section 302/34 of the indian penal code, section 27 of the arms act and section 3/4 of the explosive substance act was registered against three unknown persons. police, after investigation, submitted charge sheet against three accused persons, namely, binod yadav ..... of 1997, so far as petitioner is concerned, supplementary charge sheet dated 17.7.1997 was submitted against him under sections 304/302/34, 120b of the indian penal code, section 3/5 of the explosive substance act. after submission of the charge sheet against the petitioner, the learned magistrate had taken cognizance of the offence and the ..... pending for commitment.6. mr. kumar, then contends that the petitioner can be summoned to face trial by the sessions judge in exercise of power under section 193 of the code of criminal procedure, this issue is academic. here on the basis of supplementary charge sheet cognizance has been taken and the matter is .....
Tag this Judgment!Court : Patna
Decided on : Feb-21-2006
..... .' it is presumed that the legislature made no mistake when it omitted to use these words. it is presumed that the legislature intended what it said, namely, that section 32-g is to apply wherever any amount is found due to the financial corporation.37. there is no difficult in accepting the broad submission advanced by mr. mukherjee ..... attention has been drawn to paragraph no. 17 of the judgment which reads as follows:17. in support of the submission that the legislature did not intend to apply section 32-g to a surety, reliance was placed upon the case of p.k. unni v. nirmala industries, wherein it has been held that the court must proceed ..... was not open-to the direct recruits to reagitate this point. although by reason of the explanation which was inserted in section 141 of the code of civil procedure, 1908, by the code of civil procedure (amendment) act, 1976, section 11 of the code does not in terms apply to any proceeding under article 226 of the constitution, the principle of .....
Tag this Judgment!Court : Patna
Decided on : May-10-2006
..... given an opportunity in the interview. thus, the selection of the employees was made by the university which was sent for the approval as required under section 35(2) of the bihar universities act, 1976. however, no approval came to be received from the state government as a result of which on being moved this court in m.j.c ..... is made as to what is the qualifying service of pension. part ii pertains to statutes. chapter i deals with the general conditions of service. clause 14 in section ii which deals with pension is very material and vital which reads as hereunder:(i) qualifying service' means service rendered as a member of the staff of the university ..... period for the purpose of earning pension and more so in view of clear definition of expression 'qualifying service' in clause 14 in section ii of the statutes part. ii under the bihar state universities act, 1976 and more so when there is no any even remotest allegation of payment having been made to such persons or employees as .....
Tag this Judgment!Court : Patna
Decided on : Aug-19-2006
..... that case this court observed thus (scc pp. 86-87, para 9) : (para 9 of cri lj):the expression 'soon before' is very relevant where section 113b of the evidence act and section 304b, i. p.c. are pressed into service. the prosecution is obliged to show that soon before the occurrence there was cruelty or harassment and only in that ..... on behalf of the state, however, submits that the deceased died of burn injuries within seven years of marriage and in view of presumption as provided under section 113b of the evidence act, there is no escape 'from the conclusion that the appellant is guilty of the offence. he also points out that the conduct of the appellant in not ..... proximity test. no definite period has been indicated and the expression 'soon before' is not defined. a reference to the expression 'soon before' used in section 114, illustration (a) of the evidence act is relevant. it lays down that a court may presume that a man who is in the possession of goods 'soon after the theft is either .....
Tag this Judgment!Court : Patna
Decided on : Dec-08-2006
..... to the entrepreneurs. the advocate general also referred to the bihar industrial area development authority act, 1974. section 2(f) of the act defines industrial area to mean an area for which an authority is constituted under section 3 of the act. section 3 empowers the state government to constitute an authority for any area or areas for ..... the building. it is also alleged that the action of the state government/authority in granting to respondent no. 5 lands at different places was an act of malafide and called for institution of criminal cases against the concerned people and an investigation by the central bureau of investigation.4. the writ petition, ..... development and promotion of industry. section 6 deals with the powers and duties of the authority and makes it responsible for planning, .....
Tag this Judgment!Court : Patna
Decided on : Jan-03-2006
..... 20. in order to appreciate the argument of the learned advocate of the appellants, i would like to refer section 10 and section 14 of the specific relief act, 1963. section 10 of the act reads as follows :-section 10-cases in which specific performance of contract enforceable.-except as otherwise provided in this chapter, the specific performance ..... obtainable in the market;(b) where the property is held by the defendant as the agent or trustee of the plaintiff.21. section 14 of the specific relief act reads as follows :-section 14-contracts not specifically enforceable.-(1) the following contracts cannot be specifically enforced, namely ;-(a) a contract for the non-performance ..... suffered by the plaintiff was ascertainable for which the plaintiff was entitled to bring suit for compensation and as such, under the provisions of section 14(1)(a) of the act the suit for specific performance of such type of contract is barred. in support of his argument, the learned advocate of the appellants .....
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