Court : Patna
..... maintenance of water seal latrines and matters connected therewith. the employment of manual scavengers and construction of dry latrines (prohibition) act, 1993, notified in the gazette on 5th june, 1993 has become applicable to andhra pradesh, goa, karnataka, maharashtra, tripura, west bengal and the union territories (uts) with effect from 26th january, 1997. the assembles ..... objectives even after a decade of its implementation involving investments of more than rs. 600 crore.the employment of manual scavengers and construction of dry latrines (prohibition) act, 1993 though adopted by 16 states by april 2002, was not enforced in any state. as such, the scheme suffered due to absence of ..... state administration in bihar except one municipality of muzaffarpur does not even known that there is the employment of manual scavengers and construction of dry latrines (prohibition) act of 1993. it is for this reason that the court in its order dated 10th may, 2001 (cwjc no. 600 of 2001, order dated .....
Tag this Judgment!Court : Patna
..... lawrence somra kerketta.12. in the case of manchegowda v. state of karnataka air 1954 sc 1151, a question arose as to whether sections 4 and 5 of the karnataka scheduled castes and scheduled tribes (prohibition of transfer of certain land) act, 1979 will apply to the karnataka lands where transfer was made not in violation of the provisions of ..... sections 4 and 5 of that act. the apex court held as under:though we have come to ..... the conclusion that the act is valid, yet, in our opinion, we .....
Tag this Judgment!Court : Patna
..... (supra) does not help the petitioners of these cases. the division bench having found that though the tax under the karnataka act is compensatory in nature, held that the same is ultra vires article 301 of the constitution. once the act was held to be compensatory in nature, there is no question of applicability of article 301 of the constitution. this ..... constitution are not attracted. 16. the first decision rendered by the apex court in this connection is atiabari tea co. ltd. v. state of assam, reported in air 1961 sc 232. in that case, the apex court held that a rational and workable test has to be applied while determining the limits of the width and amplitude of ..... karnataka, reported in vol. 109 s.t.c. 26. 21. in the case of shree mahavir oil mills (supra), the apex court dealt with the scope of article 304(a) of the constitution and held in paragraph no. 8 as follows : 'article 304(a), though worded in positive language, has a negative aspect. it is, in truth, a provision prohibiting .....
Tag this Judgment!Court : Patna
..... 1985 cri lj 1183 (d.b. calcutta high court);(v) m. somashekhar v. s.a. subbaraju 1989 cri lj 1686 (s.j. karnataka high court);(vi) state of himachal pradesh v. lal singh 1990 cri lj 723 (f.b. himachal pradesh high court);(vii) in this court ..... who should hold special classes for the trial courts specially the judicial magistrates to make them fully conversant with the provisions of the act and the rules framed thereunder.23. the court records its appreciation for the service done by the writ petitioner to the administration of ..... question of sentence of the convicted accused. we are inclined to fake judicial notice of the fact that in this state the act has become increasingly otiose and the trial courts, specially at the level of judicial magistrates are becoming more and more unfamiliar with its ..... in the official gazette appoint. by a notification in the gazette of india 23-12-1961 this act was made to apply and enforceable in the whole state of delhi w.e.f. 29-12-1960. section 19 of this .....
Tag this Judgment!Court : Patna
..... 302 of the constitution in favour of the union legislation in public interest. (b) restriction is, however, put on this relaxation under article 303(1) which prohibits the parliament from giving preference to one state over another and making or authorising the making of any discrimination between and state and another. (c) aricle 303 ..... . in another subsequent decision of the supreme court in the case of state of karnataka v. hansa corporation reported in air 1981 sc 463, karnataka tax on entry of goods into local areas for consumption, use or sale therein act was challenged. in the said judgment the hon'ble judges of the supreme court upheld ..... interpretation nor the narrow interpretations, canvassed before us are acceptable. the interpretation which was accepted by the majority in the atiabari tea co. case (1961) 1 scr 809 : (air 1961 sc 232) is correct, but subject to this clarification. . regulatory measures or measures imposing compensatory taxes for the use of trading facilities do not .....
Tag this Judgment!Court : Patna
..... 'goodwill gained by the tenant, in his business. the transfer of interest by the tenant to a third party may be prohibited by law, as in the case of sections 21(1)(f) and 23 of the karnataka rent control act, 1961 ; however, there may notbe a bar against surrendering the said interest to the landlord ; in the case of surrender to ..... law arising from the assessment year 1985-86, have come to this court at the instance of the revenue on a reference under section 256(2) of the income-tax act, 1961 : ' (i) whether, on the facts and in the circumstances of the case, the income-tax appellate tribunal having held that a decision of the supreme court cit/ ..... [1972]86itr29(sc) and cit/cept v. shamsher printing press : [1960]39itr90(sc) is not attracted.'11. we find ourselves in respectful agreement with the view taken in the karnataka decision and following it we answer question no. 3 in the negative and question no. 4 in the affirmative ; in other words, both the questions are answered in favour of .....
Tag this Judgment!Court : Patna
..... persons similarly circumstanced differently or treating those not similarly circumstanced in the same way or, treating equals as unequals and unequals as equals, and that article 14 prohibit hostile classification by law and are directed against discriminatory class legislation. in early days the supreme court was concerned with discriminatory and hostile class legislation and it ..... right of the petitioner as has been recognized by the supreme court. in this connection reference was made to a decision in the case of state of karnataka v. l. muniswamy and ors., air 1977 sc 1489, while considering section 227 of the code of criminal procedure, it observed as follows :--'it is ..... that clearly depicts that permission of the speaker is necessary when the member of legislative assembly is being charge-sheeted for having committed offences under the 1988 act while discharging the duties of such member; and (ii) that itself makes it clear that the speaker is not the competent authority to remove a .....
Tag this Judgment!Court : Patna
..... required to be strictly adhered to.'9. the relevant portions of the decision of the hon'ble karnataka high court reported in air 2004 karnataka 246 are as follows : .'28. it is therefore evident that the civil procedure code amendment act of 2002 was intended to among others deal with the mischief flowing from an unhindered right of the ..... to rule 1 of order viii is also fairly significant. crawford has summed up the legal position regarding use of negative words in statutes in the following paragraph: 'prohibitive or negative words can rarely, if ever, be directory, or, as it has been aptly stated, there is but one way to obey the command 'thou shall ..... cannot, however, completely estop a court from taking note of events and circumstances, which happened within the prescribed period.23. furthermore, the code of civil procedure (amendment) act, 2002 (act 22 of 2002) was brought into existence vide notification no. s. o. 604(e), dated 6th june, . 2002 and in paragraph 2 of its 'statement of .....
Tag this Judgment!Court : Bihar State Consumer Disputes Redressal Commission SCDRC Patna
..... compensation. in the circumstances it is difficult to grant any amount by way of compensation. 14. it may be pertinent to note that the department of excise and prohibition had totally ignored me advice of m/s. mahindra and mahindra ltd. given in their letter dated 15.9.1988 available on record. opposite party no. 3 ..... compliant case no. 15/1992. the present complaint case therefore will not be hit by the principle of res- judicata. we are also supported by the decision of karnataka high court in m.s. baliga and ors. v. national city corporation and ors., reported in air 1998 (sic.). in this case consideration money admittedly was paid ..... the state government through the chief secretary and finance commissioner may look into the matter and may take suitable necessary action against government officers and staff responsible for their acts of omission and commission in this transaction. 16. we, in view of the discussions in previous paragraphs, solely hold opposite party no. 1 represented by 1( .....
Tag this Judgment!Court : Patna
..... these decisions in preference to orissa full bench which, in my opinion, does not lay down the correct law. the orissa case is distinguishable because bihar rule does not prohibit carrying passengers on goods vehicle unlike orissa motor vehicles rules.21. mr. p.c. roy, learned counsel for the insurance company relied on lachmi-niya devi's case 1987 ..... held that rule 118 of the bombay motor vehicles rules permits carriage of passengers on goods vehicle. it was held that that does not mean that there is any prohibition against the hirer of goods vehicle from travelling in the said goods vehicle by virtue of anything contained in said rule 118.12. in santra bai v. prahlad 1985 ..... ) read with the second clause of the proviso or by reason of section 95 (1)(b)(ii) of the act. similar is the view of the karnataka high court in united india insurance co. ltd. v. ganga-mma 1982 acj 357 (karnataka).11. a division bench of bombay high court in nasibdar suba fakir v. adhia and company 1983 acj 264 ( .....
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