Court : Patna
..... dismissed, discharged or retrenched in connection with or as a consequence of, that dispute, or whose dismissal, discharge or retrenchment had led to that dispute, but does not include any such person-i) who is subject to the air force act, 1950, or the army act, 1950, or the navy act, 1957 orii) who is employed in the police service or as an officer or other employee of a prison, oriii) who is employed mainly in a managerial or administrative capacity oriv) who, being employed in a supervisory capacity draws wages ..... learned counsel for the workman submitted that in view of the amendment of the definition of workman by amending act 46/1982 by which its scope has been enlarged, the teacher is a ..... the said definition was amended by the amendment act 36/1986 which came into force on august 29, ..... addition of works in the definition by amending act, 1982 in no way changes the position ..... 500/-the definition was again amended by act 46 of 1982 which came into force on august 21, ..... the judgment relied upon by the petitioner was rendered before the aforesaid amendment, as such the same is not applicable in the facts of this ..... teacher, is a workman within the meaning of section 2(s) of the act as amended by amending act 46/1982. ..... as such inspite of the amendment in the definition of the workmen by the act, 1982 the teacher cannot fall within the category ..... said decision was rendered by the apex court after taking into consideration the definition of the workman as amended by amending act 36/1956. .....
Tag this Judgment!Court : Patna
..... cards issued after correction itself show that they have been issued in terms of section 22 of the land ceiling act as the first card clearly provides that it has been issued on payment of compensation of an amount of rs.352.50 by the petitioners payable in a period of 30 years at the rate of 11.75 per year in terms of the provisions of section 22 (1) of the act; the other amended red card also shows that it has been issued on payment of compensation amount of rs. 105/- to be paid in 30 equal ..... with other persons of the village in which the land is situated having not more than one acre of class 1 land or equivalent area; (v) with persons serving in the army, navy or air force of the union of india, or with families of such persons killed in action, (vi) with ex-servicemen of army, navy or air force of the union of india, who are resident of the village in which the land is situated provided that if, the village in which the land is situated is ..... that in the district of santhal parganas the collector shall, while making such settlement, follow the principles prescribed for settlement of waste land or vacant land under section 28 of the santhal parganas tenancy (supplementary) (provisions) act, 1949 (bihar act xiv of 1949): provided also that the land acquired or deemed to be acquired from sugar factories, to which the provisions of sub-clause (i) of clause (a) of sub-section (2) of section 29 are applicable may be managed by the state .....
Tag this Judgment!Court : Patna
..... - every person who, for a period of twelve years, whether wholly or partly before or after the commencement of the bihar tenancy (amendment) act, 1938 (bihar act 11 of 1938), has continuously held land as an unter-raiyat in any village, whether under a lease or otherwise, shall be deemed to have acquired, on the expiration of that period, a right of occupancy in the land which he has so held for the ..... landlord or;(b) ten acres of other land, or(ii) in the land within the ceiling area fixed by law of a landlord who is a widow or a person suffering from blindness, leprosy or paralysis or is a person of unsound mind or a person in the service of the army, navy or air force of the union of india during the period the landlord remains a widow or suffers from blindness, leprosy or paralysis or remains of unsound mind or remains in the service of the army ..... there is, therefore, no escape from the conclusion that once the proceeding is initiated, the learned first authority under the act has no jurisdiction to decide the matter itself without constuting a board in the first instance, and he is bound to constitute the board for promoting settlement of the dispute.6.2 a division bench of this court in brijendra kr. ..... law is well settled that if a land-owner owns land less than the area indicated in section 48c of the act, then the application for bataidari rights is not maintainable which is obviously the position in the present case. .....
Tag this Judgment!Court : Patna
..... delivery to commanding officers of persons liable to be tried by court-marital -- (1) the central government may make rules consistent with this code and army act, 1950 (46 of 1950), the navy act, 1957 (62 of 1957), and the air force act, 1950 (45 of 1950), and any other law, relating to the armed forces of the union, for the time being in force, as to cases in which persons subject to military, naval or air force law, or such ..... procedure 1898 and provisions of the rules applied even to a judge presiding over a special court in view of specific amendment effect by virtue of central act xxii of 1966 and such amendment apply to west bengal also, (ii) expiry of period of three years of limitation prescribed for court-martial proceeding by section 122 of the army act, 1950 would not confer jurisdiction upon the ordinary criminal court if it did not have initial jurisdiction due to non ..... further held that when the offences are triable both by an ordinary criminal court and a court-marital then to such a situation, sections 125 and 126 of the army act are intended to apply and if designated officer in section 125 of the army act has not chosen to exercise his discretion to decide before which court the proceeding shall be instituted, there is no occasion for the criminal court to invoke the provisions ..... in other words, if no decision was arrived at under section 125 of the army act then the army act could not come in the way of a criminal court exercising its ordinary jurisdiction in the .....
Tag this Judgment!Court : Patna
..... in the circumstances, in view of the provisions of sub-sections (2) and (3) of section 13 of the amending act of 1972 (bihar act 1 of 1977), the registered deeds of gilt dated the 1st of february, 1972 in favour of the petitioners, cannot be affected by the provisions of the said amending act of 1972, and it was not open, therefore, to the respondents to ignore these registered deeds of gift in favour of ..... have inherited such land or would have been entitled to a share therein had the land holder died intestate in respect whereof, at midnight between the date of the commencement of this act and the day just preceding such date so as not let exceed together with any other land held by the donee, the area the donee can hold under section 5.17. ..... stood reads thus:(5) any landholder, subject to the provisions of the tenancy law of the area may, if he has not already transferred, transfer, till the commencement of this act and within i (one) year thereafter, by way of gift any land held by him as raiyat to his son, daughter, children of his son or daughter or to such other person or persons who would ..... conferred upon him under article 213(1) of the constitution of india promulgated an ordinance which came into force on 27-4-1971 known as bihar land (fixation of ceiling area and acquisition of surplus land) 4th amendment ordinance, in terms whereof a second proviso was added to sub-section (5) of section 5 of the said act.the said ordinance was re-promulgated by reason of ordinance no. .....
Tag this Judgment!Court : Patna
..... part or the other of the investigation of the present case, have not stated that they had found any sign of violence indicating that the accused persons had trespassed or committed any act of offence with the mushahar people on that particular day, which could have invited the intervention by the muhkia and being irritated, he was targeted and killed by the accused. ..... investigation had been already undertaken prior to the recording of the fardbeyan, then the effect of such situation could be creating a doubt about the correctness of the prosecution case as was laid down by this court in 2005(1) pljr 446 and by the supreme court in (2007) 13 scc 501 ramesh babu rao devaskar v. ..... had already preceded the recording of fardbeyan(ext-1), renders the document inadmissible as was held by this court in 2005(1)pljr 446 and also by the supreme court in (2007) 13 scc 501. ..... he was deposing in court was so pathetic that he was telling the trial court that the officers accompanying him were competent to perform the above acts of investigating a case but why did not they do it, he could not say. ..... 10), who only had the jurisdiction to perform all the acts, right from the stage of recording of the fardbeyan up to performing any acts of investigation, was not doing anything in spite of remaining at ..... this court in 2005(1) pljr 446, speaking through one ..... above proposition, the court was considering some of the leading judgments on the point as may appear from paragraph 16 of 2005(1) p.l.j.r. .....
Tag this Judgment!Court : Patna
..... revisions have arisen, was filed in the court of subordinate judge, 1, patna, on 18.05.1991 and on that date the provision of the waqf act, 1954 as amended by the waqf (bihar amendment) act, 1974, was in force, according to which the term 'waqf' included the waqf-alal-aulad also and as such the provision of the said act was applicable to the waqf in question as well to the suit out of which these civil revisions have arisen. ..... court below, filed three civil revisions against three parts of the impugned common order dated 06.06.2005 passed by the learned court below, out of which civil revision no. ..... the entire impugned order dated 06.06.2005, including all parts thereof defendant- ..... challenging different parts of the same impugned order dated 06.06.2005 passed by learned 7th subordinate judge, patna.2. ..... court below by its impugned order dated 06.06.2005 allowed the petition of opposite party no ..... 3 (syed akabir hussain) dated 14.10.2005 adding them as co-plaintiffs in the suit and also allowed the petition ..... of 2005 is concerned, it is against that part of the impugned order dated 06.06.2005 by which ..... of 2005 is concerned, it is against that part of impugned order dated 06.06.2005 by which ..... by impugned order dated 06.06.2005 learned subordinate judge vii, patna, rejected the ..... 1767 of 2005), which was heard and considered in detail by a bench of this court, whereafter by order dated 12.04.2006 it was found that no jurisdictional error was committed by the learned court below in permitting the .....
Tag this Judgment!Court : Patna
..... in this regard it will be of vital importance to see what was the initial or original case of the plaintiffs and how it took new shape after amendment of the plaint, initially, the case of the plaintiffs as made out in the plaint vide paragraphs 7, 8, 9, 10 and 12 was that the husband of defendant no. ..... 7-10-1977 which was allowed on 19-1-1978 and thereafter paragraphs 12 'ka' and 19(2) 'ka' were added in the plaint but even after the amendment of the plaint, the plaintiffs did not controvert the specific case of the intervenor-defendant regarding his claim that he was appointed karta putra by mostt ..... bindabati devi inherited the entire property of her husband and came in possession thereof and after passing of hindu succession act, 1956, she became absolute owner of the properties left by her deceased husband and it is absolutely incorrect to say that most. ..... 5619 of 1999 was preferred before the hon'ble supreme court which was disposed of by order dated 16-2-2005 whereby the hon'ble supreme court remitted back this appeal to this court with direction to give fresh decision in the light of substantial question of law as framed earlier with liberty to frame additional question of law ..... after the death of bindabati and after addition of intervenor-defendant the plaintiffs filed amendment petition and claimed that they along with the defendant 1st set are entitled to inherit the properties of bindabati being the nearest agnets ..... marriamman : air2005sc1008 decided on 4th february, 2005. .....
Tag this Judgment!Court : Patna
..... case laws, which have been cited by the learned counsel for the petitioner, but at the same time in peculiar facts and circumstances of the present case, this court is of the opinion that the amendment of charge by the learned magistrate on the petition filed by the petitioner, who was informant of the case, was not warranted. ..... on 26.11.1996 the petitioner, who was the informant of the case, had also filed a petition for amending the charge , which was also kept on record and subsequently when the case reached at the stage of argument, a petition was filed on 2.8.1997 by this petition for adding the charge ..... power of a court under section 216 of the code of criminal procedure is concerned, there is no dispute that at any stage before the delivery of the judgment, the trial court can amend the charges, but this power is to be exercised, not as a matter of course but in special circumstances. ..... immediately after noticing the defect, the prosecution had filed a petition for amending the charge and the learned magistrate had kept the petition on record by its order dated 16.8.1994 and the prosecution was directed to bring witnesses ..... petitioner has argued that in view of section 216 of the code of criminal procedure, the trial court is always entitled to amend or alter charge at any stage till the signing of the judgment. ..... challenging the validity of the aforesaid registered sale deeds was dismissed, has set aside the order passed by the learned magistrate for amending the charge.11. .....
Tag this Judgment!Court : Patna
..... first of all, from bare comparison of the 2006 rules which is statutory in nature, it would be clear that the necessity for appointment of panchayat teacher was in view of the amendment in the constitution of india under article 21a for providing free and compulsory education to the children in the age group of six to fourteen years by the state ..... as per the scheme of panchayat shiksha mitra, the writ petitioner was also granted extension upon completion of tenure of eleven months of contract on 17.4.2004, 22.4.2005 and 25.4.2006 and thus, as the writ petitioner was continuing as a panchayat shiksha mitra on 1.7.2006, he stood absorbed on the post of panchayat teacher in terms of rule 20 (iii) of bihar panchayat prarambhik shikshak (niyojan and seva sart) ..... the scheme framed under government resolutions dated 21st june 2002 and modified on 11th august 2004 and 7th april 2005; and explained on 21st april 2005 has been considered and discussed in the above referred judgment of smt. ..... under the government resolution dated 7th april 2005, paragraph 8 of the aforesaid resolution of 2004 was modified ..... . premchand reported in air 1957 sc 425 wherein honble justice gajendragadkar (as his lordship then was) had observed:- it is obvious that pecuniary interest, however small it may be in a subject-matter of the proceedings, would wholly disqualify a member from acting as a judge. ..... the issue before the division bench was that whether his such termination on 21.7.2005 was valid and/or justified .....
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