Court : Patna
..... order in council, warrant, proclaimation, notification, rule, resolution, order, regulation, direction or contract made, or form prescribed, or table settled, under any enactment hereby repealed and in force at the commencement of this act, or (b) the validity of any appointment, or any grant or appropriation of money or property made under any enactment hereby repealed, or (c) the tenure of office, conditions of service, terms of remuneration or right ..... important, reads as follows :-- 'the administration of civil and criminal justice, the collection of revenue, the superintendence of the police, of the land revenue, customs abkaree, stamps, and every branch of government within the tracts of country separated as prescribed in the foregoing section, shall be vested in an officer appointed by the governor general in council, to be denominated agent to ..... bengal act ix of 1879 (court of wards) and vii of 1878) (excise revenue), which are entered in the schedule to notification b have been amended by bengal act iii of 1881 (court of wards) and iv of 1881 (the bengal excise amendment act, 1881), these two latter acts ..... even under the provisions of the government of india (adaptation of indian laws) order, 1937 , the schedule district act, 1874 ceased to have effect but the continuing validity of any notification, appointment, ..... published in 1920 (period 1913- ..... kolhan government estate, published in 1920 (period 1913 -- 1918) ..... captain wilkinson, as shown in the final report published in 1920. .....
Tag this Judgment!Court : Patna
..... the use of the land for commercial or industrial purpose is impossible to be determined as held by experts as also judicial authorities, (v) rule 5 of the rules is bad on account of being contrary to provisions in the act which permits fixation of rent from lowest per cent up to 5 per cent of the market value whereas under rule 5 a bar has been sought to be created by providing that in any circumstances generally it should not be ..... been given such power which may be used to impose penal rent with retrospective effect and, therefore, such provisions are impermissible in law; (viii) on account of historical facts, the provisions in the act, state's public duty and procedural impossibilities in enforcement, the impugned provisions must be held to be non- applicable to urban areas comprising in municipalities and if there be any difficulty in making such declaration, ..... citizens of india to live in a free and just society with pride and dignity and as such the strengthening of judicial review may be very luminous efforts on the part of the indian judiciary to articulate with glory and certainty the aspirations of ..... of state of bengal in the year 1912, the bengal tenancy act of 1885 governed the province of bengal which included bihar ..... the judiciary has constitutional and solemn duty to check and keep the different branch of state administration within the limits of their powers, conferred upon them by ..... thus, the position of blacacre in 1920 might have been that a was entitled to the land .....
Tag this Judgment!Court : Patna
..... it is noteworthy that no other presidency in british india emulated this system in the various revenue settlements they made and that the bengal rent act of 1859 modified the 1793 law by giving occupancy rights to tenants of twelve years' standing.many twentieth-century historians and economists of all nationalities regard the permanent settlement as an important factor contributing not only to the ..... no 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 answers was entrusted ..... in the fast deteriorating standards of honesty and morality in the society the insistence by the commission that no attempt should be made of identification of the candidate by writing his roll number anywhere is in the larger public interest. ..... the bihar civil services (judicial branch) recruitment rules 1955 similarly provided for selection process for appointment to civil judge (junior division) once every year after taking into account the anticipated vacancies in the year following. ..... the candidates are themselves to be blamed if they have failed to cross the cut-off marks. ..... third, members of the new class of zaminder did not fit the ideal portrait painted by cornwallis, who failed to understand the indian reality. .....
Tag this Judgment!Court : Patna
..... has, by his words or conduct, made to the other a clear and unequivocal promise or assurance which was intended to affect the legal relations between them and to be acted on accordingly, then, once the other party has taken him at his word and acted on it, the one who gave the promise or assurance cannot afterwards be allowed to revert to their previous legal relations as if no such promise or assurance had been made ..... instead surveyed under the provisions of the bengal survey act, 1875 (hereinafter referred to as the '1875 act'), as would appear from the notification ..... become classical in legal literature for the subject-matter it deals with, and has been quoted with approval by indian courts times without number, one such being that of the supreme court reported in tata cellular v. ..... it appears to me that the basic difference between the evidentiary value of survey under the two acts is that the survey under the 1885 act raises a rebuttable presumption as to the correctness of the entries, whereas no such presumption attaches to the survey under the 1875 act, a distinction wholly inconsequential for a land-holder because the remedy of suit is always available to him whether survey has been done, or has ..... circumstances in which the exercise of executive discretion can be interfered with by courts in exercise of the powers of judicial review and has illustrated by stating that it would be a ground for interference if a red-haired teacher were dismissed because she had red hair. .....
Tag this Judgment!Court : Patna
..... of health was created under the bihar and orissa mining settlement act, 1920 which was responsible for water supply, sanitation, health, epidemic ..... entry under list ii or list iii had been brought to its notice and further that under section 2 of the said west bengal act, 1953, control over the tea industries been assumed by the parliament within the meaning of entry 54 of list i. ..... the legislature to delegate, these being its good sense and the principle that it should not cross the line beyond which delegation amounts to abdication and self-effacement.what is meant by abdication and self-effacement on the part of the legislature may be gathered from the following observation in the delhi laws act case (supra):what constitutes abdication and what class of cases will be governed by that expression ..... the bihar & orissa public demand recovery act, 1914 was application which reads as follows:requisition for certificate in other cases (1) when any public demand payable to any person other than the collector is due such person may send to the certificate officer a written requisition in the prescribed form:provided that in the case of an order framed by a liquidator under the co-operative societies act, 1912(2 of 1912), the written requisition ..... the position in the indian constitution is now settled since the decision of the supreme court in delhi laws act, air 1951 sc 332, that indian legislature has got an unlimited power of delegation ..... is a controvercial branch of the constitutional .....
Tag this Judgment!Court : Patna
..... but this court makes it clear that this order will not stand in the way, if the government is advised to initiate further proceedings under the provisions of the aforesaid act for the purpose of carrying on any test of the drugs manufactured by the petitioner-company, but this court makes it clear that in that event they must follow the mandate of law in doing ..... that, it is has been stated in the rejoinder that no sample has been taken or purchased from the petitioner manufacturing-company whereas the inspector was required under section 18a read with section 23 of the act to collect the details of the manufacture from the petitioner and it is mandatory under the act to send one of its sample to the petitioner-company which admittedly, in the instant case, has not been done.9. ..... is averred in the writ petition that the petitioner company, incorporated under the indian companies act is having its registered office at core towers near parimal crossing, ellisbridge, ahmedabad. ..... colony, kidwaipuri, patna and it deals with the customers directly through its patna branch and the said drug was sold by the aforesaid clearing and forwarding agent of the petitioner's stockists in the state of ..... it has also been stated that without following the procedure prescribed by the drugs and cosmetics act and rules framed there under and without affording any reasonable opportunity to the petitioner company in the matter, the decision has been arrived at by ..... state of west bengal, reported in air 1975 sc .....
Tag this Judgment!Court : Patna
..... the person against whom such application has been made, may, notwithstanding that he may not have filed such application, file, within forty-five day's of the receipt of the notice, a memorandum of cross-objections verified in the prescribed manner against any part of the order in relation to which an application for reference has been made and such memorandum shall be disposed of by the high court as if ..... the nature and character of the authority, whether it is a court or not but also on the nature of powers conferred on such authority or court, the scheme underlying the provisions of the act concerned and the nature of powers, the extent thereof or the limitations, if any, contained therein with particular reference to the intention of the legislature as well, found expressed therein. ..... court observed that section 66 of the indian income tax act, 1922 or section 256 of the income tax act, 1961 is a special jurisdiction of a limited nature conferred not by the code of civil procedure or by the charters or by the special acts constituting such high courts but by the special provisions of the income tax act, 1922, or 1961 act for limited purpose of obtaining high court ..... order was received in the office of the commissioner of customs, patna on 23.7.2001 and after examining the records the matter was referred to the legal branch of the commissioner of customs, patna by the appeal section. ..... ), west bengal (supra), a judgment of the calcutta high court, the question before the court was .....
Tag this Judgment!Court : Patna
..... enter into such agreement: (c) it is violative (if article 14 of the constitution of india; (d) the agreement came into existence because of misrepresentation of facts by the swetambar: (e) the agreement is void under the provisions of indian contract act, indian forest act and bihar land reforms act; (f) the contract is illegal for the reasons that it opposes and is against the public policy and public interest and caused impediment in enforcing the public policy and public interest ..... the devotees that the whole of the hill of kamakhya temple situated at the top of the hill is a religious institution and on ancient days people used to go on foot by making pradakshina but by the change of the society and the go of the day, now only the hill top is considered to be the religious institution where the temples really exist and other parts of the hill are being used for commercial purposes by ..... had been a new coinage from the side of the plaintiff-swetambaries can also be found out from the fact that in the year 1920, digambars filed title suit no ..... this contention but if it were proved, it would in their opinion effect this case and ultimately, the decision arrived at by the subordinate judge had been affirmed and the appeal and cross appeals were dismissed.' 16. ..... governor of bengal, but as the terms and conditions of the agreement were not implemented then the litigation forthe specific performance of the above agreement was made by digambars against the raja of palganj, but .....
Tag this Judgment!Court : Patna
..... the case of appellants during the trial, as it appears from the evidence of defence witnesses examined on their behalf and from the trend of cross-examination of prosecution witnesses is that no occurrence as alleged ever took place and deceased received injuries while looting a truck and he died of those injuries and appellants have been falsely implicated in this case for their ..... 131 of 1984 convicting and sentencing all the four appellants to undergo imprisonment for life under section 302/34 of the indian penal code (for short, ipc) and further convicting and sentencing the appellant bhola singh to undergo r.i. ..... but at the same time considering the fact that he inflicted a 'chhura' blow on the back of deceased which proved fatal, it appears that while giving 'chhura' blow on the back of deceased he had knowledge that his act was likely to cause death. ..... that deceased was assaulted by appellants ashok singh, ram bilas singh and anil singh alias pintoo and informant received injury from appellant bhola singh, appellants are, therefore, liable for their individual acts of assault. .....
Tag this Judgment!Court : Patna
..... the terms of the settlement dated january 30, 1988, which superseded the previous settlement of august 17, 1981, the terms and conditions of workmen, who were on the permanent rolls of the patna branch of the company as on january 29, 1988 would be revised, as per provisions of the settlement, for the purpose only of computing the gratuity and leave encashment, on their voluntary retirement from the ..... of the said pension scheme, it may be relevant to state that the aforesaid settlement appears to have been arrived at in the wake of the representations by certain workmen of patna branch who expressed their desire for voluntary retirement from the service of the company as per the company's voluntary retirement scheme. ..... larger service benefits to its employees who were on the rolls of the company on that date, it cannot be accused of acting arbitrarily, if it decided not to extend those benefits who had retired earlier .if it is permissible to the state to deny the benefits of the revised scheme to those who retired prior to the cut off date because of financial constraints, the indian tobacco company being a private employer would certainly stand on a better footing. ..... later, on january 30, 1988, the management entered into a fresh bi-partite settlement with the employees at patna represented by the indian tobacco company limited employees' union (it appears that some workmen had sought voluntary retirement from the service of the company and they had made a request for ..... bengal .....
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