Court : Patna
Decided on : May-09-2003
..... magistrate with regard to the storage site. on the basis of the no-objection certificate, the petrol company obtains a licence under the explosives act from the competent authority under that act. then the dealership agreement is executed between the selected candidate and the petrol company.29. in the mean while the dealer must ..... distribution system was among the responsibilities and functions of the gram panchayat, the panchayat samiti and the zila parishad. he referred to section 22 of the bihar panchayat raj act dealing with the functions of gram panchayat and submitted that monitoring the public distribution system was one of the functions of the gram ..... of india, ministry of petroleum. the guidelines laid down by the government of india contain detailed provisions relating to eligibility criteria, reservations for different groups and sections of people and the selection process. once a candidate is selected for the grant of dealership, a letter of intent is issued in his favour by .....
Tag this Judgment!Court : Patna
Decided on : May-06-2003
..... but from the very language it would appear that it gives the example and in fact is exemplary in nature. the rule-making power is under sub-section (1) of section 321. when section 17 of the act says that the other causes are to be prescribed by the state govt. then the state govt. is obliged to prescribe the other causes. the ..... a period of three months from today the state govt. should providethe other causes or prescribe the other causes in conformity with the powers conferred upon it under section 31 of the act to make section 17 more beneficent to the vehicle owners. the state govt. may take into consideration that even if a vehicle is kept for use, the conditions may ..... the state in connection with a contract, a vehicle will, nonetheless, be within the import of 'kept for use' in the state. it is immaterial for the purpose of section 3 of act 25 of 1991, whether a vehicle is actually being used or is kept for use in the state. 45. paragraph 11 of the said judgment reads as under :-- ' .....
Tag this Judgment!Court : Patna
Decided on : Apr-29-2003
..... in the interest portion. 4. from the quantum of compensation the amount of interim compensation must be deducted and the amount which has already been deposited under section 173 of the motor vehicle act before this court may be disbursed in favour of respondent-claimants towards the part payment of the compensation amount and the rest of the amount shall be paid ..... p.k. deb, j. 1. heard learned counsel for both the parties. 2. in this appeal filed under section 173 of the motor vehicles act the quantum of compensation as has been fixed by the learned tribunal has been challenged. 3. it appears that the quantum of compensation has been fixed on the basis of .....
Tag this Judgment!Court : Patna
Decided on : Apr-25-2003
..... the said legislation has received the assent of the president as provided under proviso to article 304(b) of the constitution, 10. section 3 of the act is the charging section under sub-section (1) of section 3 of the act, the tax is levied on entry of scheduled goods into a local area for consumption, use or sale therein at such rate ..... be stated that according to the learned counsel for the petitioners, after the addition of the scheduled goods in the schedule, a notification has been issued under section 3 (1) of the act prescribing the rates of entry tax and restrictions with regard to the same. in this connection, he drew our attention to the notification dated 25-7-2001 ..... items purchased by the petitioners have been included in the schedule. thus, total items became 18 and with regard to the same a notification was issued under section 3 (1) of the act on 25-7-2001 prescribing rate of entry tax and the conditions for payment of entry tax, with regard to items no. (1) and (2), namely .....
Tag this Judgment!Court : Patna
Decided on : Apr-22-2003
..... which was called for on 2-4-2003, it appears' that mirganj p.s. case no. 340/2001 under sections 302, 341, 120b of the indian penal code read with section 3/4 of the explosive substances act was registered against the petitioner and other accused persons. the police forwarded the accused persons with the first information report ..... question arises as to whether the learned magistrate had jurisdiction to pass an order of release/discharge of the petitioner before submission of the final form.7. section 156 of the code of criminal procedure (hereinafter referred to as 'the code') empowers the police officer to investigate cognizable cases for which information relating to ..... forwarded the accused persons under custody to the chief judicial magistrate. gopalganj, who was empowered to take cognizance of the offence and try the same.9. section 173 of the code speaks about the submission of the report by the police after completion of investigation and in the instant, case, it appears that the .....
Tag this Judgment!Court : Patna
Decided on : Apr-17-2003
..... are serving in the press in question, for the purpose of determination as to whether such persons come within the definition of employee as defined under section 2(f) of the act or not.the writ petition is accordingly, allowed with the aforementioned observations. there will be no order as to costs.'5. the writ petition was ..... when an establishment may partake the nature of an industry. the supreme court was examining the meaning of the expression 'industry' as defined in section 2(j) of the industrial disputes act, 1947. in reference to the context of the present case the discussion has been made by the supreme court. this case does not aid ..... in the writ petition. the order was passed on the representation of the petitioner. this representation was made on april 12, 1982 under section 19a of the employees provident funds and miscellaneous provisions act, 1952. the impugned order is appended as annexure 1 to the writ petition. the representation of the petitioner dated april 12, 1982 is .....
Tag this Judgment!Court : Patna
Decided on : Apr-16-2003
..... , fear or annoyance to the person to whom the force is used. at this stage it would be necessary to refer to section 503 of the indian penal code. section 503 of the indian penal code refers to criminal intimidation which reads as under:- 'criminal intimidation whoever threatens another with any injury to ..... statements, erroneous publicity and veiled threats by words and acts. violent always is external and can be by physical acts, words of gesture. at this stage it would be necessary to lock into sections 349 and 350 of the indian penal code. section 349 defines 'force' while section 350 defines 'criminal force. force, criminal force and ..... his person, reputation or property, or to the person or reputation of any one in whom that person is interested, with intent to cause alarm to that person, or to cause that person to do any act .....
Tag this Judgment!Court : Patna
Decided on : Apr-16-2003
..... doubt, there are mistakes in the alternative answers or responses to the four questions, but on that basis it cannot be said that the commission adopted any unfair means or acted in an unfair manner, on the other hand, the aforesaid mistakes appear to have been committed by the experts to whom the work of setting of questions and their suggestive ..... recorded in the matter of dalpat abasaheb solunke v. dr. b.s. mahajan, air 1990 sc 434, is concerned we must accept the plea that the high court should not act as an appellate authority against the orders passed or the actions taken by the bihar public service commission. it would also be correct to say that the high court should ..... nagendra rai and r.s. garg, jj. 1. by this appeal under section 10 of the letters patent appeal, the appellant seeks to challenge the correctness, validity and propriety of the order dated 11 -9-2001 passed by the hon'ble single judge .....
Tag this Judgment!Court : Patna
Decided on : Apr-09-2003
..... . the government of india in consulation with the national bank for agriculture and rural development (nabard) accepted the report in terms of proviso to section 17(1) of the regional rural bank act, 1976.3. the case of the petitioner is that the equation committee recommended that the allowance and the benefits available under the bipartite settlement and ..... bank has accordingly filed another counter-affidavit. in continuation of the earlier statements it has been stated that in accordance with the second proviso to section 17 (1) of the regional rural banks act, 1976 and the decision of the supreme court dated 31-1-2001 in civil appeal no. 2218 of 1999 the central government has determined the ..... formula stated in (iii) above.'it has further been stated that the state bank of india communicated the decision in terms of the proviso to section 17(i) of the regional rural bank act on the point of allowance vide its letter no. rrb/c/45 dated 25-10-2001, the relevant part of which runs as under: .....
Tag this Judgment!Court : Patna
Decided on : Apr-01-2003
..... counsel fro the appellants pointed out that revision case no. 20/ 1981-82 filed by shyama pado singh was barred by limitation in view of section 64 of the santhal pargana tenancy act but the revisional authority without condoning the delay allowed the revision. admittedly no appeal was filled against the order dated 13-12-1979 passed in ..... of the order in mutation case on 13-12-1979. section 59 of the santhal pargana tenancy act does not say about the limitation but section 64 of the act says that all applications made under this act, for which no period of limitation is provided elsewhere in the act, shall be made within one year from the date of ..... was living separately. further more, in 1976 the father himself executed a registered partition deed allotting share to his sons in the sardari jagir land which was acted upon and ceiling proceeding initiated against benga lal singh was dropped as sons found major and in separate possession of the land which included sardari jagir of benga .....
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