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 .....
Tag this Judgment!Court : Patna
..... 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 .....
Tag this Judgment!Court : Patna
..... while 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 the ..... 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. paragraph 19 of the writ petition read with annexure 16 dated 29.8.2001 made it apparent that the construction was at infancy when the ..... before the horse. the 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. on 3.5.2007, when the writ petition was taken up for consideration, counsel for the original petitioner sought leave to withdraw from the .....
Tag this Judgment!Court : Patna
..... -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 .....
Tag this Judgment!Court : Patna
..... 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, has ..... the judgment and decree of such single judge. so, in view of this non-obstante clause, after the new amendment, even if there is no express prohibition limiting the letters patent appeal or there is a provision of a letters patent appeal, further appeal is barred from the judgment or order passed by a learned single judge in exercise of ..... 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 .....
Tag this Judgment!Court : Patna
..... the parliament and has superseding effect under article 254(2) of the constitution of india and to the extent of repugnancy between the bihar amendment act of 1960 and amendment act 1 of 1894 by the parliament, the law enacted by the parliament shall prevail over the state law and to the extent of repugnancy ..... case of the respondents including the state of bihar is that section 17 of the land acquisition act, 1894, after the bihar amendment act of 1960, was again amended by the parliament through amendment act 68 of 1984 and that amendment in respect of subject of land acquisition which is in concurrent list was within the power of ..... amended provisions of 1984 act and some other contentions including applicability of provisions for emergency acquisition under section 17 of the act, none of which found favour with the writ court which dismissed the writ petition by a detailed judgment and order dated 27-8-2008 which is challenged through the present appeal under clause x of letters patent .....
Tag this Judgment!Court : Patna
..... bars-situate out-side the limits of any municipal corporations. they 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, ..... 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 ..... the additional advantage of getting the licence on a much lower fee on the plea that the bar/restaurant was situate in a rural area.10. the amendment under challenge doing away with the rural category appears to be aimed at plugging that loop-hole and preventing the anomaly resulting from the previous classification. we .....
Tag this Judgment!Court : Patna
..... 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 under ..... 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 ..... in fraud, the supreme court in the case of delhi development authority v. skipper construction co. (p) ltd. reported in (1996) 4 scc 622 : (air 1996 sc 2005) affirmed the aforesaid principles enumerated in attorney general (air 1994 sc 2179) (supra). their lordships of the supreme court in the ease of delhi development authority (supra) observed .....
Tag this Judgment!Court : Patna
..... the last constitution bench decision of the supreme court in jindal stainless ltd. : [2006]283itr1(sc) for determining whether a tax was regulatory or compensatory in character. the amendment act, 2006 re-defined 'entry of goods' in the following manner:2(c) 'entry of goods', with all its grammatical variations and cognate expressions, means, entry of goods ..... compensatory tax.36. mr. k.n. jain, senior advocate appearing for the petitioner in c.w.j.c. no. 6540 of 2002 assailed the act (following the 2001 amendment) for being patently discriminatory in respect of the scheduled goods coming from outside the state. mr. jain further submitted that though the last ..... a new liability that was not in existence from before. that being the position, to make the amendment effective from the date of the inception of the act was patently unfair, unjust and unreasonable and amounted to the state overstepping its legislative powers. in support of the submission, he relied upon the decisions of the supreme .....
Tag this Judgment!