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
..... of the petitioner with which we are not concerned in the present case as only question involved in the present case is that whether as per provision contained in section 9(4) of the inland vessels act, survey certificate issued by the motor vehicle inspector as surveyor is valid or the certificate issued by the chief surveyor, west bengal for operating ferry is valid.7. ..... in accordance with law and can be dangerous for the view point of security of the passenger and the goods, and thus has issued instruction that in course of inspection declaration given by the motor vehicle inspector should not be accepted as survey certificate with respect to the vessel and if the same has unknowingly been accepted then all such certificate should be cancelled immediately and such vessels should not ..... 'a') referred to above the government in exercise of power under sub-section 1(b) of section 4 of the act, appointed the motor vehicle inspectors for different areas as surveyer for the purpose of survey of the mechanically propelled vessels plying in the territorial jurisdiction of bihar and not that he has been vested with the power under section 9(1) of the act, to grant survey certificate which exclusively is vested in the state government or a person appointed by them in ..... later by an amendment petition filed on 21.4.2004 the petitioner has also challenged the order dated 26.9.2003 (annexure 33) by which the period of settlement has been extended to 31.12.2003 and the order dated 6:11.2003 .....
Tag this Judgment!Court : Patna
..... may be prescribed by the commissioner supported by a cash memo or bill in case the movement is as a result of sale or a challan in case the movement is otherwise than as a result of sale in respect of goods which is being transported on a goods carrier, vehicle or a vessel or is otherwise in transit or in transit storage and shall produce such cash memo or bill or challan as the case may be, along with the aforesaid form of declaration on demand before the prescribed authority :provided that the ..... same case was made to the provisions of the rajasthan motor vehicles taxation act. ..... may, for the purpose of verifying whether any goods are being transported in contravention of the provisions of sub-section (1) and subject to such restrictions as may be prescribed intercept, detain and search any road vehicle or river craft or any load carried by persons, and the person transporting goods or for the time being incharge of goods shall render all possible assistance to such authority or officer in carrying out the search ..... the appellants were the tea growers in west bengal or in assam and they carried tea to the market in calcutta for ..... the question for consideration in this case is whether in view of the settled law, the amended provision of rule 45(b) of the rules can be held to be putting an impediment or restriction on the movement of trade, ..... xviii b have been adopted by the notification dated 28.12.1985.33. ..... provision, the following notifications have been issued.december, 28, 1985s.o. .....
Tag this Judgment!Court : Patna
..... , was posted in the transport department as motor vehicles inspector. ..... as a matter of fact, article 243k(3) of the constitution of india incorporated by 73rd amendment also makes similar provision. ..... there shall be a state election commission appointed by the governor for superintendence, direction and control of the preparation of electoral rolls for and the conduct of all elections to the panchayat bodies in the state under this act and the rules made thereunder. ..... kasi, air 1985 sc 651, another decision relied upon by shri giri, is also of no help to him. ..... of the panchayat raj act the election commission has been created as an independent body not amenable to the administrative control of the state government. ..... section 136 (3) of the bihar panchayat raj act, 1993 provides that the government shall, when so requested by the state election commission, make available to the state election commission such staff as may be necessary for the discharge of the functions conferred on the state election commission under this act. ..... all other staff have been borrowed in exigency of work for conducting the panchayat elections under section 136(3) of panchayat raj act, 1993. ..... as a matter of fact, deputation has to be made only on the request of the commission in terms of section 136 (3) of the panchayat raj act.9. .....
Tag this Judgment!Court : Patna
..... within the territorial limits of the state of west bengal, could not give rise to a cause of action within that territory unless the service of such notice was an integral part of the cause of action. ..... that one of the premier high courts of the country should appear to have developed a tendency to assume jurisdiction on the sole ground that the petitioner before it resides in or carries on business from a registered office in the state of west bengal.9. ..... later, by the 42nd amendment, clause (1-a) was renumbered as clause (2) and it would be appropriate to notice the same as under:(2) the power conferred by clause (1) to issue directions, orders or writs to any government, authority or person may also be exercised by any high court exercising ..... utpal kumar basu (supra) engineers india limited (eil) acting as consultants for ongc issued an advertisement in the leading newspaper of the country inviting tenders for setting up of a kerosene recovery processing unit at ongc's hazira complex in gujarat. ..... the court observed.the mere service of notice under section 52(2) of the act on the respondents at their registered office at 18-b, brabourne road, calcutta i.e. ..... by the 15th amendment, clause (1-a) was inserted in article 226 introducing the cause of action clause. ..... the entire cause of action culminating in the acquisition of the land under section 52(1) of the act arose within the state of rajasthan i.e. ..... swaika properties : [1985]3scr598 and oil and natural gas commission v. .....
Tag this Judgment!Court : Patna
..... besides the same, a child of four years was not supposed to earn any income in order to contribute to its family and, therefore, the notional income fixed by the motor vehicles amendment act, 1994, which is for unemployed persons, but who are capable of earning, should not have been used as the basis for calculating the income of the deceased child.4. ..... the alleged accident took place in the year 1993 when the motor vehicles act, 1988, was in force and, therefore, the compensation should not have been calculated on the principles as laid down in the motor vehicles amendment act, 1994. ..... (2) of section 149, the right to contest the claim on all or any of the grounds that are available to the person against whom the claim has been made.all that the aforesaid section of the motor vehicles act has laid down is that when there is a collusion between the claimant and vehicle owner and when the latter has failed to contest the claim, the tribunal for reasons to be recorded in writing may direct the insurer ..... 15,000 on the basis of the second schedule of the motor vehicles amendment act, 1994. ..... the relevant fact was that the claimants of the aforesaid claim case had preferred an application under section 166 of the motor vehicles act, 1988, for compensation on account of the death of his minor child, 4 years old, who was allegedly killed in an accident that occurred on 7.5.1993. ..... laxman mahto 1985 acj 775 (patna), have been referred. .....
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
..... in that view of the matter, the supreme court held that the public bodies like port trust having been granted exemption from applicability of the rent control act on public grounds, are at liberty to take action to evict tenant without being accountable therefor, or such action falls in the realm of public law, and is hence liable to ..... submits that the net result at the end of the litigation in that case was that after the requisitedeclaration to the effect that the exercise of power under section 5(2) of the act was impermissible, the government company has been directed to hand over possession of the land in question to the lessor therein, a consequential relief granted in writ jurisdiction. ..... the matter should have normally rested at the present stage, namely, declaration to the aforesaid effect that the exercise of power under section 5(2) of the act in the facts and circumstances of the present case is bad in law, but i am compelled to deal with the question of consequential relief on account of the elaborate and, if i may say so, able arguments advanced by learned counsel ..... it was held that the acts by the republic of cuba in deciding not to complete unloading and to discharge in chile, were acts done as owner of the vehicle and invoked no governmental authority and exercised no ..... the amendment to article 226 in 1963 inserting article 226(1a) reiterates the targets of the writ power as inclusive of any person by the expressive reference to the residence of ..... india, air 1985 bom 4. .....
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
..... 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 .....
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