Court : Patna
..... 'whether a letters patent appeal under clause 10 of the letters patent applicable to this court, is maintainable in view of the provisions of section 54 of the land acquisition act, 1894 and whether there can be an appeal from a bench to a larger bench of the same court (with regard to section 54 of the act) was considered and discussed in paragraph 9 to 11 of the report as follows:-after the amendment of the act in the year 1921 all the courts have taken a consistent view that section 54 of the act does not bar ..... jain 1872-8 beng lr 431-although it is the true that this decision is practically the locus classicus so far as the calcutta high court is concerned and has been consistently followed by later decisions at the same time it cannot be denied that in a number of cases the conscience of the judges was so shocked ..... deo narayan prasad and for the first time the name of respondent was mutated in the revenue record of state of bihar in the year 1970 which was a clear pointer to the fact that vendor was never recognised after vesting. 28. ..... relying in the judgment of the lahore high court referred to hereinbefore, it was held that the word 'only' in section 54 does not restrict the right of appeal but was intended to make it clear that the forum of appeal in land acquisition cases is always the high court and that section does not affect the right of appeal from the judgment of single judge to a division bench under clause 10 of the letters patent. .....
Tag this Judgment!Court : Patna
..... sinha, learned counsel appearing on behalf of the respondent submitted that letters patent appeal is also not competent for the simple reason that when there is restricted scope of appeal under section 19 of the said act then the recourse cannot be had to any other law for maintaining the appeal. ..... in the exercise of revisional jurisdiction and not being a sentence or order passed or made in the exercise of power of superintendence under the provisions of section 107 of the government of india act, or in the exercise of criminal jurisdiction of one judge of the said high court or one judge of any division court, pursuant to section 108 of the government of india act and that notwithstanding anything hereinbefore provided an appeal shall lie of the same high court from a judgment of one judge of the ..... according to learned counsel no appeal, therefore, is maintainable either under section 9 of the contempt of court's act, 1971 or letters patent appeal under the provisions of letters patent of the high court of judicature at patna. ..... in that view of the matter even if the appeal in terms of section 19(1) of the said act is not maintainable the appellants have every right to prefer a letters patent appeal in terms of clause 10 of the court's letters patent. .....
Tag this Judgment!Court : Patna
..... in our opinion in exercise of the power under section 154 of the act the mistake has to be apparent, obvious and patent. ..... sharan, appearing on behalf of revenue submits that section 154 of the act gives power to the assessing officer to rectify the mistake.4. mr. ..... : [1971]82itr50(sc) in which it has been held as follows: it was not open to the income-tax officer to go into the true scope of the relevant provisions of the act in a proceeding under section 154 of the income-tax act, 1961. ..... in case it is not so, power under section 154 of the act is not available. ..... before the income tax appellate tribunal, inter alia, contending that the aforesaid amount cannot be included as income of the assessee and the same cannot be rectified by the assessing officer in exercise of the power under section 154 of the income tax act, hereinafter referred to as the act. ..... opinion that in the facts of the present case the tribunal was correct in holding that the order of the assessing officer, mistake was not of that nature, which was fit to be corrected in exercise of power under section 154 of the act.7. ..... by a process of long drawn reasoning an order can ultimately be said to be bad but that order cannot be rectified in the light of those reasonings by exercise of power under section 154 of the act.6. ..... he submits that on detailed analysis one may come to the conclusion that the mistake has been committed but such kind of a mistake cannot be rectified in exercise of the power under section 154 of the act. .....
Tag this Judgment!Court : Patna
..... for processing of oilseeds, extension of areas under oilseeds cultivation with a view to developing the oilseeds industry and the vegetable oils industry:(e) recommending such measures as may be practicable for assisting oilseeds growers to get incentive prices, including recommending, as and when necessary, after consultation with the agricultural prices commission, minimum and maximum prices for oilseeds and ..... the dealers/ traders and then sale of such sugar to other dealers or consumers so as to make the provision of the markets act inapplicable in respect of sugar'.reference was also made to levy sugar supply (control) order, 1979 framed under section 3 of the essential commodities act and it was observed as follows;- '......the provisions of levy sugar supply (control) order simply empowers'the central government ..... court supported the reasons of the karnataka high court and held that the control of the industry vested in parliament was only restricted to the aspect of production and manufacture of silk yarn or silk and it did not obviously take in the ..... which is likely to be produced or received by him, to sell the whole or a specified part of such commodity when produced or received by him, to the central government or a state government or to an officer or agent of such government or to a corporation owned or controlled by such government or to such other person or class of persons and in such circumstances as may be specified in the order,explanation 1. ..... air 1970 sc 1880 : .....
Tag this Judgment!Court : Patna
..... an order allowing or disallowing any claim for the amount of an indemnity under the provisions of sub-section (2) of section 12; or(e) an order refusing to register a memorandum of agreement or registering the same or providing for the registration of the same subject to conditions:provided that no appeal shall he against any order unless a substantial question ..... , namely:(a) an order awarding as compensation a lump sum whether by way of redemption of a half-monthly payment or otherwise of disallowing a claim in full or in part for a lump sum;(aa) an order awarding interest or penalty under section 4a;(b) an order refusing to allow redemption of a half monthly payment;(c) an order providing for the distribution of a compensation among the dependents of a deceased workman, or disallowing any claim of a person alleging himself to be such dependent;(d) ..... having regard to the history of legislation and the limited and restricted nature of appeal expressly provided under section 30 of the act, i am of the view that any further right of appeal against the ..... question of maintainability of the letters patent appeal under clause 10 of the letters patent of the patna high court against the judgment of a learned single judge passed in appeal under section 30 of the act was raised and has been kept ..... regulated by the practice and procedure obtaining .....
Tag this Judgment!Court : Patna
..... with the medicine within the bottle in question, although much prominently conspicuous, nonetheless, it is extremly disappointing that a renooned, noted and well thought of multinational company like yours, have so carelessly, negligently and recklessly acted which is not only culpable but the consequences of such act has inflicted injuries in my reputation, practice, income and excessively i have been defamed, and the degree of which is so extensive that, i am afraid, whether or how far are those reparable. ..... similarly, powers of search and seizure has been given to him under clause (c) of sub-section (1) of section 22 of the act which reads as follows:(c) at all reasonable times, with such assistance, if any, as he considers necessary:(i) search any person, who, he has reason to believe, has secreted about his person, any drug or cosmetic has been, or is being, ..... deliver a copy of the same to the person from whom the sample was taken, the second one to the person, if any, whose name and address and other particulars have been disclosed under section 18a and shall retain the third copy for use in any prosecution in respect of the sample. ..... from sinha pharmacy was produced by him in the court and from a perusal of records and said bottles the learned chief judicial magistrate was, prima facie, satisfied that a case under section 27 of the drugs and cosmetics act, 1940 (the act) is made out against the accused person and thus cognizance under section 27 of the act was taken.3. mr. .....
Tag this Judgment!Court : Patna
..... chawla, who put up the construction before it was sold to the appellant received a notice under section 12 of the act informing him of contravention of section 3 or section 6 and of violation of section 7(1) and section 10 of the act and directing him to stop further construction ..... recognised general principles of administrative law applicable to such facts and the concept of legitimate expectation which is the latest recruit to a long list of concepts fashioned by the courts for the review of administrative action, must be restricted to the general legal limitations applicable and binding the manner of the future exercise of administrative power in a particular case. ..... this court in a large number of cases has deprecated the practice of the high courts entertaining writ petitions questioning legality of the show - cause notices stalling enquiries as proposed and retarding investigative process to find actual facts with the participation and in presence of the ..... the show cause notice by the collector and twice directions of the prda to stop such construction, the absence of any permission to transfer, the absence of any permission to construct from the collector makes the construction patently illegal. ..... construction having been made without the approval of the collector and after the petitioner was asked to stop construction, the same were patently illegal.10. ..... construction without the permission of the collector and while the sanction had been stayed by the prda was patently illegal.9. .....
Tag this Judgment!Court : Patna
..... while passing the impugned order, the learned collector may have exceeded in exercise of his review jurisdiction under section 63 of the act duly vested in him by law, and the same is hereby substituted by the present order of this court ..... 3 (state bank of india) submits in opposition that the order of the certificate officer was patently illegal and, therefore, setting aside the impugned order will amount to reviving an illegal order which should not be done in exercise of the writ jurisdiction ..... thereafter, the bank preferred the review application under section 63 of the act before the same authority for recall of the appellate ..... the question is, whether or not this court, in exercise of its discretionary, prerogative writ jurisdiction, set aside the impugned order which would result in reviving patently illegal orders passed by the certificate officer. ..... the order of the certificate officer is patently illegal and could not have been dropped on the ground assigned by ..... of the district judge even though it came to the conclusion that no appeal lay before the district judge, because setting aside the order of the district judge would have resulted in reviving and perpetuating a patently illegal order of the first authority under the act. ..... am, therefore, of the view that the certificate officer dropped the certificate proceeding before him on a patently erroneous ground. ..... has made elaborate submission to satisfy this court that the order of the certificate officer is patently illegal. .....
Tag this Judgment!Court : Patna
..... counsel for the appellant has relied upon the following judgments of the supreme court in support of his submission and submitted that as the appeal was filed under section 229 of the act and not under the code and the provision of the act does not prevent filing of further appeal, the letters patent appeal is maintainable inspite of insertion of section 100a of the code by the new amendment :-(i) vanita m. ..... held by the supreme court in the case referred to above, the order passed in a proceeding under section 299 of the act is in the nature of judgment and once the same is passed by a learned single judge of the high court in an appeal under section 299 of the act, it is also a judgment of the high court and in that view of the matter further appeal under the letters patent is excluded after the aforesaid amendment. ..... bench consisting of three hon'ble judges, having considered the matter, held that section 54 of the land acquisition act does not exclude the appeal under the letters patent of the patna high court, otherwise, there would be a conflict between section 54 of the land acquisition act and the provision of the letters patent.12. ..... (supra), which was a judgment rendered by two hon'ble judges of the apex court, the question for consideration was whether the order passed by the learned single judge under original jurisdiction under section 6 of the specific relief act was appealable before a division bench under clause 15 of the letters patent of the bombay high court or not. .....
Tag this Judgment!Court : Patna
..... the register that the number of members has been reduced to less than ten.the provision for appeal against the order passed under section 42 is provided under section 43 of the said act which reads as under:section 43: appeal against the order of winding up:- (1) any member of a society in respect of which an order under section 42 has been passed may, within two months from the date of the publication of such order in the official gazette appeal to ..... while the management of the federation was sincerely and painstakingly trying to rematerialise the federation with the help of some practical measures, it received the impugned order like a bolt from the blue without any warning or prior intimation of the register of the co-operative societies to ..... authorities referred to above, it appears to us that there may conceivably be cases and the instant case is in point-where the error, irregularity or illegality touching jurisdiction or procedure committed by an inferior court or tribunal of first instance is so patent and loudly obstrusive that it leaves on its decisions an indeliable stamp of infirmity or vice which cannot be obliterated or cured on appeal or revision. ..... if an inferior court or tribunal of first, instance acts wholly without jurisdiction or patently in excess of jurisdiction or manifestly conducts the proceedings before it in a manner which is contrary to the rules of natural justice and all accepted rules of procedure and which offends the superior court's sense of fair .....
Tag this Judgment!