Court : Patna
..... amendment act, 1983, sub-section 53 of the central act has been partly amended by substituting the word 'vehicle' for the word 'carts', which is not in the bihar act, but their lordships while dealing with the question of release, have considered the provisions as laid down in sub-section (2) of section 52c of the ..... chains or any other article (other than the forest produce seized) shall be made if any person referred to in clause (b) of sub-section (4) proves to the satisfaction of authorised officer that any such tools, arms, boats, vehicles, ropes, chains or other articles were used without his knowledge or connivance or as the case may be, without the knowledge or connivance of his servant or agent and that all reasonable and necessary precautions had been taken ..... view of the aforesaid amendments made in the central act by virtue of bihar act, it is often contended that as the provisions as contained in section 53 of the central act have not been amended by the bihar act by inserting 'vehicles' which is seized under section 52 of the bihar act, the d.f.o. ..... amendment act, which is in parti-materia of the provisions of the bihar act and have held that forest officer of a particular level under section 53 of the act has power to release property and that forest officer, appellate authority and the revisional authority also have powers to pass orders regarding temporary custody or disposal of the ..... state of west bengal and anr ..... , west forest division, hazaribagh, respondent no. .....
Tag this Judgment!Court : Patna
..... the learned single judge noticing different provisions of the constitution as well as motor vehicles act and the taxation act has come to a conclusion that the state government, which had earlier granted exemption to these educational institutions, has power to withdraw the same exemption and the petitioners cannot have any right to continue with ..... in exercise of its powers under section 15 of the bihar motor vehicles taxation act, 1994 (hereinafter referred to as 'the taxation act') the government of bihar issued a notification dated 16th july, 1994, by reason of which exemption was granted to the institutions in payment of road tax in respect of the vehicles owned and possessed by those recognised schools and colleges. ..... . section 5 of the taxation act on the other hand provides that every owner of a registered motor vehicle shall pay tax on such vehicle at the rate specified in schedule i of the taxation act a conjoint reading of these two provisions clearly indicates that a vehicle must be a registered one and owner of a registered vehicle must pay tax on such vehicle ..... state of west bengal, air 1996 sc 2426. ..... referring to section 21 of the general clauses act, 1897 and section 24 of the bihar and orissa act, 1917, he submits that power to issue any notification/orders/scheme/rules or bye laws also includes a power exercis-able to amend, vary or rescind any such notification etc. .....
Tag this Judgment!Court : Patna
..... act provides in chapter ii 'licensing of drivers of motor vehicles' in chapter iv 'registration of motor vehicles', in chapter v 'control of transport vehicles, in chapter vii 'construction, equipment and maintenance of motor vehicles', in chapter viii 'control of traffic', in chapter ix 'motor vehicles temporarily leaving or visiting india', chapter x in 1988 act deals with 'liability without fault in certain cases' which contains sections 140 to 144 and which correspond to old sections 92a, 92b, 92c, 92d and 92e, which were inserted in the 1939 act by the 1982 amending act, chapter xi deals with 'insurance of motor vehicle ..... it was argued inter alia before the supreme court that even if the land was held benami as declared by the courts below, the subsequent legislation namely the provisions of the benami transactions (prohibition) ordinance 1985 and the benami transactions (prohibition) act, 1988 had put a complete bar to the plaintiffs suit. .....
Tag this Judgment!Court : Patna
..... that rule 3b of the bihar motor vehicle taxation rules, 1930 (hereinafter in short 'the rules') is ultra vires the powers of the state government envisages under section 14 of the bihar and orissa motor vehicle taxation act, 1930 (hereinafter 'the act' only). ..... motor vehicles act and the bihar motor vehicles taxation act have all along been held to be complementary to each other or inter-connected. ..... (g) to regulate the seizure, detention and release of motor vehicle under section 11 and (h) any matter for which under this act provisions may be made by rules. ..... therefore, it cannot be held by reading down the provisions of regulation 9(b) framed under section 53 of the delhi road transport act, 1950 read with delhi road transport (amendment) act, 1971 that the said provision does not confer arbitrary, unguided, unrestricted and uncanalised power without any guidelines on the authority to terminate the services of an employee without conforming to the principles of natural justice and ..... the state of bihar in exercise of its power conferred upon it under section 14 of the said act framed rules known as 'bihar motor vehicles taxation rules 1930'. ..... in the year 1993 the state of bihar byreason of the provisions of bihar finance act,1983 imposed additional tax upon the publicservice motor vehicles by inserting section 6(1a)therein. 5. ..... state of punjab, reported in air 1967 sc 1985) (sic). .....
Tag this Judgment!Court : Patna
..... learned counsel for the respondent-insurance company, on the other hand, submitted that the provision of section 140 of the act is clear and explicit and it requires payment of interim compensation in case of death or permanent disablement as a result of the accident by the use of a motor vehicle by owner only and in view of the specific provision contained in section 144, under chapter x of the (under which section 140 also falls), to the effect that the provision of this chapter shall ..... for the appellants submitted that though in terms of section 140 of the act, in case of death or permanent disablement of a person having resulted from an accident arising and of the use of a motor vehicle, owner shall be liable to pay compensation in respect of such death or disablement, but the conjoint reading of the said provision and the provisions contained in chapter xi of the act, which deals with the insurance of motor vehicles against the third party risks, clearly shows that the liability ..... observed that the state should consider the desirability of bringing a legislation of no-fault liability and, thereafter, amendment was brought in the 1939 act and chapter viia containing sections 92a to 92e, which correspond to sections 140 to 144 of chapter x of the act, was incorporated providing for compensation on no-fault liability. 8. ..... beasa devi, reported in 1985 acc cj 1 : (air 1985 punj and har 96), (ii) new india assurance co. .....
Tag this Judgment!Court : Patna
..... as 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 have also been entered in the schedule. 6 ..... the operation of this act was extended to the territories then administered by the lieutenant governor of bengal, the lieutenant governor of north west provinces and the chief commissioner of ..... in 1887, in order to consolidate the law relating to civil courts in bengal, the north west provinces and assam, the british parliament enacted a law namely, the bengal, agra and assam civil courts act, 1887. ..... in the southeast the surface is very rocky and covered with jungle; and in the west and south west are mountainous tracts thickly covered with jungle and very sparsely inhabited. ..... accordingly, the whole system of administration was changed, and the south-west frontier agency was established in 1834, with headquarters at kishanpur (ranchi ..... it measures 124 miles in extreme length from east to west and 64 mile, in its greater breadth from north to ..... saranda bordering on gangpur at the extreme south west of the district is called 'saranda of the seven hundred hills ..... to the south west bordering on chutia nagpur is a mountainous tract of vast extent sparsely inhabited by the wildest of the kols, this, however, appears to be the region from which they first descended into the singhbhum .....
Tag this Judgment!Court : Patna
..... west bengal : [2002]2scr576 , was considering the provisions of section 137 of the west bengal town and country (planning and development) act ..... argument that once permission had been obtained from the panchayat, the same was sufficient and that no further approval under the aforesaid act was required, did not find favour with the supreme court which rejected the submission and held that the sanction of the authority under the ..... act (hereinafter referred to as 'the act') was promulgated in the year 2007 under the constitution (seventy-fourth amendment) act ..... that the agreement was a fraud as it had been given for a song and that the construction was in contravention of the provisions of law contained in the development act, held at paragraph 73 and 81 as follows:73. the high court has directed dismantling of the whole project and for restoration of the park to its original condition ..... and the authority shall be the principal agency to provide all infrastructure for the development of the aforesaid areas:provided that save as specially provided in this act nothing contained therein shall be construed as authorising the disregard by the authority of any law for the time being in force.76. ..... (2) notwithstanding anything contained in any such other law development in any areas in accordance with the provisions of this act or rules and regulations made there under shall not be deemed to be unlawfully undertaken or carried out by reason only of the fact that permission, approval or sanction .....
Tag this Judgment!Court : Patna
..... this sub-section was inserted into the act by the prevention of corruption (second amendment) act, 1952, and it purported to finally settle any doubts which may arise as to which authority should grant the sanction in the case of a public servant who had committed an offence mentioned in section 6(1 and who at the time ..... to obtain prior permission of the speaker before filing a charge-sheet against a member of legislative assembly when offences are said to have been committed by him as such member, lifted the sting of section 19(1) of the 1988 act by permitting the court to take cognizance without a sanction to prosecute and 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 court can take cognizance of the offences mentioned in section 19(1) in the absence of sanction but till provision is made by parliament in that regard by suitable amendment in the law, the prosecuting agency, before filing a charge-sheet in respect of an offence punishable under sections 7, 10, 11, 13 and 15 of the 1988 act against a member of parliament in a criminal court, shall obtain the permission of the chairman of the rajya sabha/speaker of the lok sabha, as the case may be.though i ..... state of west bengal, reported in (2000) 1 scc 722, where the supreme court considered the provisions of sections 239, 240, 227 and 245 of the code of criminal procedure ..... tulsiram patel, air 1985 sc 1416. .....
Tag this Judgment!Court : Patna
..... (2) the fee realised from the buyer under sub-section (1) shall be recoverable by the buyer from the seller as a market charge.section 27 after its amendment by act, 60 of 1982 is as followings: 1 fdlh cktkj {ks= es izr;sd100 :- ds o`f"k&inkfkz ds ;&fo; ij cktkj lfefr ,d :i;s dh nj lscktkj qhl yxk;sxh vksj mldh olwyh ljsxh a 2 mi&/kkjk 1 ds v/khuizhkk;z cktkj&qhl [kjhnnkj }kjk fofgr jhfr ls ns; gksxh a 3 mi&/kkjk 1 ds v/ ..... p. sales of motor spirit, diesel oil and alcohol taxation (amendment) act, 1976, which was declared to be null and void by the high court of allahabad in so far as it purported ..... records relating to their business and to furnish such information relating thereto, as may be specified in the order;(j) for any incidental and supplementary matters, including, in particular, the entry, search or examination of premises, aircraft, vessels, vehicles or other conveyances and animals, and the seizure by a person authorised to make such entry, search or examination,- (i) of any articles in respect of which such person has reason to believe that a contravention of the order ..... the administrator general of west bengal, air 1960 ..... state of karnataka, 1985 (supp) scc 476 the court was concerned with the question of interpretation of entry 52 of list i of the constitution with reference to the tobacco board act, ..... bihar, air ..... state of karnataka, (1985) suppl scc ..... , (1985 ..... nos. 3920 of 1985 and 5974 of 198 are concerned, the only contention relating to the levy of market ..... . 3920 of 1985 ..... ..... of .....
Tag this Judgment!Court : Patna
..... in that case the constitutional validity of west bengal special courts act 1950 arose for determination before supreme court. ..... the difficulty, however, arises on account of apparent differences between section 5 of the act in question and section-5 of the west bengal special courts act 1950. ..... section 21 of the act clearly provides that the provisions of the act shall be in addition to and not in derogation of any other law for the time being in force and section 26 gives the act an over-riding effect over the act of 1988, the criminal law amendment ordinance, 1944 or any other law for the time being in force.5. ..... before adverting to impugned features of the act, the various grounds of challenge to their constitutionality and the submissions of the parties, it would be appropriate to notice that the act of 1988 was enacted by the parliament with the object to consolidate and amend the law relating to the prevention of corruption and the matters connected therewith. ..... the state of bihar is expected to take note of the aforesaid submissions in its own interest and amend the relevant rule if there is any need felt for the same.43. ..... the issue as to whether confiscation of property provided under the act would amount to a penalty for the offence or not appears to be a complex issue because the act of 1988 or the indian penal code prescribing punishments have not been amended by the act. .....
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