Judgment Search Results Home > Cases Phrase: explosives act 1884 section 4 definitions Sorted by: recent Court: patna Year: 2003 Page 5 of about 58 results (0.057 seconds)

Dina Nath Prasad and ors. Vs. the State of Bihar and ors.

Court : Patna

..... supra) a full bench of this court held that approval of the staffing pattern would amount to creation of posts and therefore, prior approval under section 35 (2) of the act shall not be necessary. but it does not mean that the appointments made without following the norms in violation of the mandate of articles 14 and ..... apex court observed that reguiarisation should not be used as a seal to cover illegal and void action and to perpetuate the same. 13. section 35 of the bihar state universities act, 1976 creates injunction against creation of teaching or non-teaching posts involving financial liabilities, increase of pay and allowances as well as appointment on ..... absorption of the employees of rai bahadur tunki sah homeopathic medical college, muzaffarpur - which was taken over under the provisions of the bihar provincialisation of roads and hospitals act, 1947 - in the case of dr. mohd mustaquim ansari and ors. v. state ofbihar, 1988 pljr 1081, a division bench of this court noticed that ' .....

Durga Parsad Sah Vs. State of Bihar and ors.

Court : Patna

Reported in : AIR2003Pat102; I(2005)BC198

..... question arose whether or not the execution proceeding would be transferred to the tribunal. the supreme court on an interpretation of different provisions, particularly of section 31-a of the act held that the execution proceeding was liable to be transferred to the tribunal.19. these two decisions, therefore, are of no help to the petitioner ..... by submitting that the order of the tribunal dated 1-5-2002 by which the application filed by the respondent bank was allowed, was appealable under section 20 of the act and, therefore, this writ petition was not maintainable and the petitioner could agitate his grievances in appeal before the appellate tribunal. in support of his ..... patna having jurisdiction over the state of bihar and orissa.5. in view of the intervening developments, the decree-holder bank made an application under section 19 of the act praying before the tribunal for issuance of a recovery certificate for a sum of rs. 35,38,237.70 paise and further interest at contractual rate .....

Eicher Limited Through Its Manager Vs. the State of Bihar and ors.

Court : Patna

..... wheels fitted with engine capacity of not exceeding twentyfive cubic centimeters. the definition of the motor vehicle includes tractor etc. the tractor has been defined under section 2(44) of the motor vehicle act, which runs as follows : '2(44). 'tractor' means a motor vehicle which is not itself constructed to carry any load (other than equipment ..... petitioner is liable to pay tax on the tractor in accordance with the charging section 3 of the act. the motor vehicle has been defined under section 2 (g) of the act, which means motor vehicles as defined in clause (28) of section 2 of the motor vehicle act, 1988. the tractor is included within the aforesaid definition. this apart, the ..... it should not be treated as a motor vehicle as defined under section 2(g) of the act, read with section 2(28) of the motor vehicles act.5. learned counsel appearing for the state, on the other hand, submitted that section 2(28) of the motor vehicles act defines the motor vehicle as genus and the tractor is one .....

Sudhir Jha Vs. State of Bihar and ors.

Court : Patna

..... recommendation/request made by the district magistrate. it is also contended by the learned counsel for the election officer that in accordance with section 9(6) of the bihar agricultural produce markets act 1960 all matters in relation to the election shall be challenged by an election petition and not otherwise and no court has any jurisdiction ..... with regard to or in connection with any election under the said section. conceding to the fact that the election officer was not obliged ..... counsel for the election officer and the intervenor submit that the parties be left to the remedy of the election petition. true it is that sub-section 6 of section 9 says that all matters, in relation to election shall be challenged by an election petition before the prescribed authority and no court shall have any .....

In Re: Report of the District and Sessions Judge; in Re: Suo Motu Acti ...

Court : Patna

..... stated that apart from denying the charge they have also tendered apology declaring that they have respect for the courts and so on, proviso to section, 12 of the contempt of courts act lays down that the accused i. e. contemner may be discharged or the punishment awarded may be remitted on apology being made to the satisfaction ..... nor the statute law countenances the claim of the offender for examination of the judge or judges before whom the contempt is committed. section 14 of our act, i.e., the contempt of courts act, 1971 deals with the procedure when the action is taken for the contempt in the face of the supreme court and the high court ..... basis of said report sasaram town p.s. case no. 46/2002 dated 19-1-2002 was registered under sections 342 and 501 of the indian penal code and sections 3/4 of the scheduled castes and scheduled tribes (prevention of atrocities) act against the district & sessions judge. (curiously, on the report submitted by the judge incharge (administration) about .....

Bishwanath Dubey and ors. Vs. State of Bihar and ors.

Court : Patna

..... who have been wrongly affected and any order of the high court if obtained by fraud or collusion can hardly be sustained on the principle of section 44 of the evidence act, 1882. this section is reproduced; 'fraud or collusion in obtaining judgment, or incompetency of court, may be proved.--any party to a suit or other proceeding ..... as it was found to have been issued against the provisions of the bihar act-9 of 1989 and rules framed thereunder as per section 10 of the said act. further as per amended section 3 (by reason of amending act no. 24/93) of the said act, the claim of the petitioners for promotion to the post of selection grade ..... as: assistants of the secretariat and attached offices joint cadre act, 1989. the expressions 'departments and attached offices,' 'joint cadre' and 'member' have been defined in section 2. the most relevant aspect is that one joint cadre took effect from 30 august, 1988. section 3 of the act reads 'all the assistants of the secretariat and its attached .....

Sri Sarjoo Prasad and ors. Vs. the State of Bihar and ors.

Court : Patna

..... the notifications issued by the state government thereunder are not ultra vires the said rule and are legal. however, after sub-section (2) in section 15 of the 1956 act occupied the field vide central act 24 of 1964 with effect from june 16, 1964, the benefit of the said rule and the notifications issued thereunder would ..... for registration of homeopathic practitioners). however, while upholding the rule and the notification, the supreme court clarified that after insertion of sub-section (2) in section 15 of the indian medical council act, the right of non-allopathic doctors to prescribe drugs by virtue of the notification got obliterated unless the privilege of such right to ..... a state medical register, but without such enrolment even he cannot practise medicine. it is relevant to mention here that sub-section (2) of section 15 of the indian medical council act was added by act 24 of 1964 with effect from 16-6-1964. prior to the amendment there was no such provision that only a person .....

Ram Naresh Pandey Vs. Sita Ram Yadav and ors.

Court : Patna

..... election petition was filed on 10-4-2000 then hon'ble mr. justice r.n. sahay was nominated as a judge as required under the act as per provisions of section 80a and the election petition was presented personally by the election petitioner before his lordship which is revealed from the wordings of the order dated ..... that respondent no. 2 also went on the same line as that of the election petitioner challenging both the recreminatory petition and the maintainability petition filed under section 87 of the act by the respondent no. 1. the maintainability matter as contemplated under issue no. (iii) was heard as a preliminary issue on extensive arguments being ..... to what extent? 10. it may be mentioned here that the respondent no. 1 before filing of the written statement had filed a petition under section 87 of the act challenging the maintainability of the election petition itself. it was also pressed that such maintainability matter should be considered at the very outset before going on for .....

Krishna Datta Mahto and ors. Vs. State of Bihar

Court : Patna

..... themselves from legal punishment3. on the basis of the statement of the informant, mukti kumar singh, p.w. 9, a case was registered under sections 3/4 of dowry prohibition act and sections 302/201 of the indian penal code against the two accused-appellants, krishna datta mahto and his father, ram lakhan mahto and investigation followed. ..... the investigation of the case culminated in the submission of the charge-sheet against both the accused-appellants under sections 304b, 398a and 201/34 of ..... woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine.' according to this section cruelty means:(a) ..................(b) harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any .....

iris Electronics India Pvt. Ltd. and ors. Vs. State of Bihar and ors.

Court : Patna

..... tax on fulfilment of certain conditions by the selling dealers. for the purpose of the present writ application, we are not concerned with sub-section (2) and sub-section (4) of section 11 of the act. we are concerned with the multi-point levy of sales tax which has given rise to the present dispute. the state appears to be ..... refer to the said provision. even before referring to the arguments of the parties, we would prefer to look into the scheme of the act.20. section 3 of the finance act is the charging section. it refers to incidence and levy of tax. it requires every dealer whose turnover is above a particular amount so specified, to pay ..... exclusion of cattle feed and poultry feed from sales tax was concerned for the simple reason that fields of operation of the two notifications under the different sections of the act are altogether different. it was also observed that while construing taxing statute, if two interpretations are possible, effect must be given to the one that favours .....