Court : Patna
..... petitioners that the letter of intent was being issued subject to fulfillment of certain conditions stipulated therein arising by reason of the dentist (amendment) act, 1993 (annexure-14). the stipulations, inter alia, required the petitioners to obtain permission from state government and affiliation from university and furnishing ..... had been granted permission/recognition. it was contended that the central government was not correct in imposing the conditions emanating from the amendment act, 1993, on the petitioner's institution. it was contended that the delay which was totally attributable at the hands of the ..... application and which was disposed of by order dated 14.9.1999 requiring the dental council of india to file a letters patent appeal in this court, if so advised (annexure-20 to the appeal). it is thus that the dental council of india ..... jyoti saran, j.1. this appeal under clause 10 of the letters patent of the high court of judicature at patna arises out of the judgment dated .....
Tag this Judgment!Court : Patna
..... case of harendra prasad singh (supra), this court after examining different provisions of the amended act, read sections 32-a and 32b harmoniously in these words:when sections 32-a and 32-b are read together they seem to run patently counter to the writ petitioner's stand. both of them, with effect from the 9th ..... by bihar ordinance no. 22 of 1982 which ultimately culminated in the bihar land reforms (fixation of ceiling area and acquisition of surplus land (amendment) act, 1982. by the amending act undisputedly, drastic amendments were brought defining section 2 and also section 4. what is significant to note is that section 5 and similarly section 9 incorporated certain new ..... surplus area in accordance therewith, with effect from the date of the commencement of the bihar land reforms (fixation of ceiling area and acquisition of surplus land (amendment) act, 1982, i.e. on the 9th of april, 1981 aforesaid.yet while holding similar views, what was taken by the full bench or the division bench .....
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..... way effect the right of appeal from the judgment of one judge to a division bench under the letters patent; the scope of the amendment was to extend the right of appeal and not be curtail any existing right.44 ..... a judgment as mentioned in clause 15 letters patent and is appealable:'the calcutta high court followed the, decision of lahore high court the judgment of sir sadilal c.j. (as his lordship then was) in her dial shaha v. secy of state 3 lah. 420(8) where it was held that 'land acquisition amendment act (19 of 1921) did not in any ..... 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 a letters patent appeal. first this matter came up for consideration in har dial shah v. secretary of state a.i.r. 1923 lah .....
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..... the sanction had been stayed by the prda was patently illegal.9. the bihar municipal act (hereinafter referred to as 'the act') was promulgated in the year 2007 under the constitution (seventy-fourth amendment) act 1992. by virtue of section 488 of the act the bihar regional development authority act, 1981, stood repealed. this court had called for ..... 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. paragraph 19 of the writ petition read with annexure 16 dated 29.8.2001 made it apparent that the construction was at infancy when ..... of hotel sea gull v. state of west bengal : [2002]2scr576 , was considering the provisions of section 137 of the west bengal town and country (planning and development) act which reads as under:section 137. overriding effect - (1) the provisions of this act and the rules and regulations made thereunder shall effect notwithstanding anything .....
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..... -general in council under section 71 of the government of india act, 1915, and also of the government-general in cases of emergency under section 72 of that act, and may be in all respects amended and altered thereby.10. as clause 41 has made the letters patent subject to the legislative power of the state, the legislature, ..... to a division bench is expressly granted. but the letters patent are declared by clause 37 subject to the legislative power of the governor-general in council and also of the governor-in-council under the government of india act, 1915, and may, in all respects, be amended or altered in exercise of legislative authority. under section 39 ..... by legislative enactment, can curtail the appellate power conferred on this court by the letters patent. in the instant case, the .....
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..... 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. the judgment heavily relied upon by learned counsel for the appellant, in our view, ..... 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. khanolkary. pragna m. pal, air 1998 sc ..... 424.(ii) chandra kanta sinha v. oriental insurance co. ltd., 2001 (3) pljr 167 (sc).(iii) sharda devi v. state of bihar, 2002 ( .....
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..... of 1961. it could not have availed of the expanded powers as provided by section 17 of the amendment act 68 of 1984. he placed reliance upon judgment of the supreme court in the case of i.t.c. ltd. v. a.p.m.c 2002 (3) pljr (sc) 110 in support of a proposition which is self evident from article 254(2 ..... judgment and order dated 27-8-2008 which is challenged through the present appeal under clause x of letters patent of this court.3. so far as the requirements of publication of notification and declaration under sections 4 and 6 of the act are concerned, the issue was one of facts and the writ court considered the pleadings and the copies of .....
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..... seek to challenge a notification, dated 8.8.2005 by which the board of revenue in exercise of powers under section 90 of the bihar excise act, amended rule 107 of the bihar excise rules fixing fees of licences for sale of imfl by hotels, restaurants, bars, clubs, canteens etc. the petitioners try to assail ..... be aimed at plugging that loop-hole and preventing the anomaly resulting from the previous classification. we are supported in our view by a communication, dated 6.7.2002 from the collector, muzaffarpur to the excise commissioner, bihar, patna a copy of which is at annexure-11). in his letter, the collector, muzaffarpur appears to ..... in one basket, in effect the government abolished all classification. he criticized the amended rule 107 as based, on no classification and treating as equals areas and regions that were patently unequal. he further submitted that even if it is held that the amended rule 107 contained some rudiment of classification, it was bad and violative of article .....
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..... of detention was issued on certain allegations. initially the order of detention was passed against him on 27th september, 1974 under the provisions of maintenance of internal security act (as amended). thereafter the ground of detention was also served upon him on 4th october, 1974. ultimately, after coming into force of the cofeposa, a new detention order ..... had no recourse to enforce the repayment of the loan against shyam baboo in absence of even a promissory note executed by him.22. it is also patent that there was dire need for introduction of cash in the books on 13-5-1974 or also the purchase of the land at bokaro could not be ..... .j.c. no. 2190 of 1978) are taken up together. against bharat prasad also an order of detention was passed initially under the maintenance of internal security act (as amended). thereafter, while bharat prasad was under detention in connection with the said detention order, another order of detention under cofeposa was served on the petitioner bharat prasad. .....
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..... . verma, j. (as he then was) that even though bhagwat narayan's case requires such an investigation to be summary, but after the amendment in order xxi by the c.p.c. (amendment) act, 1976, the investigation is full as no separate suit lies later. it appears that there was a conflict between the two division bench decisions one ..... a third party is to institute an independent civil suit for a declaration of his title claiming therein the relief of temporary injunction to protect his possession.' 'after amendment of order 21, c.p.c. in 1976 a full investigation into the question of title is contemplated under rule 97 and not summary enquiry. thus it would ..... prior to the actual delivery of possession to the decree-holder in the execution proceedings. the view taken by the high court in this connection also results in patent breach of principles of natural justice as the obstructionist who alleges to have any independent right, title and interest in the decretal property and who is admittedly not .....
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