Court : Patna
..... provisions of the milk and milk product order 1992, made by the central government in exercise of power under section 3 of the essential commodities act, the act in question has to give way to the aforesaid special provision.(vii) by issuance of impugned notification the state government has nullified the judicial decision ..... is that even if they are agricultural produce, by only inclusion of the products in the schedule in exercise of power under section 39 of the act, the act is not applicable to the said products unless formalities as contemplated under sections 3 and 4 are complied with. in support of the aforesaid stand, ..... of intention of exercising control over purchase, sale, storage and processing of agricultural produce in specified area,--(1) notwithstanding anything to the contrary contained in any other act for the time being in force, the state government may, by notification, declare its intention of regulating the purchase, sale, storage and processing of such agricultural .....
Tag this Judgment!Court : Patna
..... in this context, it is interesting to note that immediately after the decision in eknath shankarrao mukkawar's case (supra) section 377(2) was amended by act 45 of 1978 with effect from 18.12.1978 by introducing the word 'also' in between the words 'may' and 'direct' therein, for making section 377 in pari materia to section 378. it is ..... the cbi. the right to appeal according to the learned counsel, is not a matter of procedure but is a substantive right as held long time back by the privy council in the case of colonial sugar refining co. ltd. v. irving (a) 1905 ac 369 which was cited with approval by the supreme court in the case of ..... such an order of acquittal is passed in any case in which the offence has been investigated by the delhi special police establishment constituted under the delhi special police establishment act. 1946, the central government may also direct the public prosecutor to present an appeal to the high court from the order of axquittal.378. appeal ,in case of .....
Tag this Judgment!Court : Patna
..... non-registration, according to which the principal employer of an establishment which is not registered cannot employ the contract labour. sections 12 and 13 of the act prohibits a contractor from undertaking any work through contract labour except under and in accordance with the licence issued in that behalf by the licensing officer. ..... connected with the mining operation of the management and neither the establishment of the management was registered nor was the so-called contractor having any licence under the act and the workmen, therefore, shall be deemed to be the workmen of the principal employer, namely, the management. in this connection, the learned single judge ..... the establishment of the management ;(iii) neither the establishment of the management was registered nor was the alleged contractor having any licence for contract work under the act;(iv) the workmen were working for the management in the establishment ; and(v) in view of the facts and circumstances of the case and the .....
Tag this Judgment!Court : Patna
..... one cannot but miss that the clear intention of the legislature is to provide a forum for speedy settlement of the disputes which are coveredunder the act. the act has some salient features to show that its proceeding are less formal in nature and more or less and in the nature of a conciliation proceeding. ..... medical expert or the services of persons who are engaged professionally in promoting the welfare of the family. section 14 suitably modifies the rigours of evidence act in its application to family court proceeding relating to admissibility of evidence. all these features unmistakably point out that family court proceedings have an element of openness ..... and informality, about them. the statement of objects and reasons behind the said act are set out below :-- 'several associations of women, other organisations and individuals have urged, from time to time, that family courts be set up for .....
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..... by the government of an unanimous recommendation of the committee on national integration and regionalism appointed by the national integration council. the act impugned herein was enacted thereafter in the year 1967. the preamble of the act states that this was enacted to provide for more effective prevention of certain unlawful activities of individuals and associations and ..... the manner of their imposition or the mode of putting them into practice.(c) this was followed in the case of excel wear v. union of india : (1978)iillj527sc .(d) this was also made clear in the case of charan lal sahu v. union of india : air1990sc1480 as follows:.hence, both the restrictions or ..... was also examined by a seven judges beach of the supreme court in the case of pathuma and ors. v. state of kerala and ors. in : [1978]2scr537 , wherein it was observed as follows:courts interpret the constitutional provisions against the social setting of the country : so as to show a complete consciousness and deep .....
Tag this Judgment!Court : Patna
..... answer is that it is not the order of this court dismissing the special leave petition which is being relied upon ; the plea of resjudicata has been pressed on the basis of the high court's judgment which became final after the dismissal of the special leave petition. in similar situation a constitution bench of ..... that the government was not convinced as the names of all the un-confirmed subordinate judges were recommended for promotion and accordingly vide notification dated 25-2-1978, as contained in annexure-2, kept one post reserved for him and asked this court to disclose reasons for supersession or to recommend his name for promotion ..... the civil services (classification, control and appeal) rules, the following rule is made by the governor-in-council in so far as it affects government servants employed in the reserved departments, and by the governor acting with his ministers in to far as it affects government servants employed in the transferred departments :the provincial services .....
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..... that such proportionate reservation is repugnant and totally contrary to the constitution. according to the counsel, communal award for separate electoral roll for muslims was introduced by indian council's act, 1909, based on morley minto reference. separate constituencies were created for a different groups based on population divisions in society, but the same was consciously rejected ..... a pancha. it was suggested that the members of gram sabha are to be compared with members of lok sabha, the panches are to be compared with the council of minister and the mukhiya is to be compared with the prime minister of the country. so, according to them, as there is no provision like reservation ..... field, itself is viola-live of article 14 of the constitution. giving reference to different dates, it was pointed out that in the last panchayat election held in 1978, out of 11,378 posts/seats of mukhiyas, more than 5,000 seats / posts are being held by dominant castes i.e. yadavas, kurmis and koeris, .....
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..... decide the vires of the bihar special courts rules 2010 which was sought to be challenged through the said i.a. no. 10468/2010. hence that i.a. was not pressed in view of our observation that we shall grant liberty to the petitioners that if the need arises they may challenge the legality of the rules at a later stage ..... principle has been followed in the case of m/s devi das v. state of punjab, air 1967 sc 1895 and in case of maneka gandhi v. union of india (1978) 1 scc 248. it was rightly pointed out on the basis of aforesaid judgments of the supreme court and also in the case of a.n parasuraman v. state of ..... liberty or of any property lawfully belonging to him. hence, confiscation of money or property as provided under the act cannot be held to be a punishment to the delinquent.28. the aforesaid view stands supported by a judgment of privy council in the case of attorney general for hong kong v. reid and others reported in all e.l.r (1994 .....
Tag this Judgment!Court : Patna
..... in opposition to express ruling of such court in which antiquity and high authority (1897) 24 ind app 196. reference may also be made to another decision of the privy council in the case of bakar ali khan v. anjum ara begum (1903) 30 ind app 94 (111) where it was observed that it would be extremely dangerous to accept ..... its own way and against the interpretation given by imams. in other words, the decision said to be against the accepted principles of interpretation of statutes. for example, the privy council in one case delivering judgment in 1897 held that once the rule was found in 'hedaya' or imamiya', their lordships would not have to consider whether the same could at ..... the various decision of the supreme court viz. air 1972 sc 2205; air 1976 sc 2250; air 1977 sc 1686 and air 1978 sc 804 (sic).26. as noticed above, the main object of the enactment of 1986 act is to settle the crisis and restore back the law prevailing amongst the muslims as per their personal law. it is, therefore, .....
Tag this Judgment!Court : Patna
..... in opposition to express ruling of such court in which antiquity and high authority (1897) 24 ind. app. 196. reference may also be made to another decision of the privy council in the case of bakar ali khan v. anjum ara begum, (1903) 30 ind. app. 94 (111), where it was observed that it would be extremely dangerous to ..... own way and against the interpretation given by imams. in other words, the decision said to be against the accepted principles of interpretation of statutes. for example, the privy council, in one case delivering judgment in 1897 held that once the rule was found in 'hedaya' or imamiya', their lordships would not have to consider whether the same could ..... the various decisions of the supreme court viz. air 1972 sc 2205; air 1976 sc 2250; air 1977 sc 1686, and air 1978 sc 804.26. as noticed above, the main object of the enactment of 1986 act is to settle the crisis and restore back the law prevailing amongst the muslims as per their personal law. it is, therefore, necessary .....
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