Skip to content


Judgment Search Results Home > Cases Phrase: press council act 1978 chapter iv miscellaneous Sorted by: recent Court: patna Page 3 of about 51 results (0.143 seconds)

Jan 05 2000 (HC)

Mora Ho Vs. State of Bihar and ors.

Court : Patna

..... merely on the ground that they were not so empowered.' 64. the state legislature again in 1978 came with a similar validating act, namely, kolhan civil justice (regulating and validating) act, 1978 after repealing the earlier validating act, of 1966. it is, therefore, clear that the legislature always recognised the vality of wilkinson ..... 's rule is ultra vires. mr. sinha then submitted that on the commencement of indian council act, 1861 attempt was made to constitute councils in india to govern people representation. learned counsel submitted that schedule district act, 1874 was enacted and governor general assent was given on 8-12-1874. under the ..... the guidance of your assistants in the administration of civil and criminal justice within the tracts placed under their respective jurisdiction. 2. his honour in council approves your having divided the districts into three divisions to be denominated the manbhum, lohurdugga and hazareebaugh divisions, the first being placed under ensign .....

Tag this Judgment!

Dec 08 1999 (HC)

Paro Chamar and anr. Vs. State of Bihar

Court : Patna

..... , unless a person has such powers he cannot be treated to be a 'police officer' within the meaning of section 25 of the evidence act. in the other case, vistari narayan shebe v. state of maharashtra 1978 cri lj 891 (supra), the bombay high court held that the character of the police patil is that of a police officer as mentioned in ..... section 25 of the evidence act. the high court relying on state of punjab v. barkat ram air 1962 sc 276 : 1962 (1) cri lj 217 ..... the chaukidar. like earlier two acts, he can only arrest a proclaimed offender or any other person who commits an offence or against whom a hue and cry is raised and the person so arrested has to be produced by the chaukidar before the concerned police-station.14. chapter ia of the bihar police manual, 1978 (hereinafter referred to as the .....

Tag this Judgment!

Aug 05 1999 (HC)

DulhIn Sundarpati Devi Vs. Ram Surat Koeri and ors.

Court : Patna

..... the procedural statutes are intended to apply not merely to future actions in respect of existing causes, but equally to the proceeding initiated before commencement.20. the privy council in case of delhi cloth & general mills v. income-tax commissioner, reported in air 1927 pc 242, held that the provisions of a statute, which deal ..... an exception to sub-section (3). it saves certain suits, appeals, proceedings etc. as mentioned therein from the application of the provision of the amending act and such proceedings have to be disposed of and the matter enumerated therein has to be dealt with in accordance with the unamended provision. it further provides that ..... of transactions already passed, it should be presumed to be intended not to have retrospective effect unless the intention is manifested by the 'provision of the act either expressly or impliedly. so far as the statute dealing with the procedure is concerned, it is presumed to be retrospective unless a different inference appears .....

Tag this Judgment!

Mar 19 1999 (HC)

Gandhi Sharmik Swalambi Samittee Ltd. and anr. Vs. the State of Bihar ...

Court : Patna

..... india and ors. 1979 sc 1628, as also the decisions of this court in the cases of hari prasad mandal and ors. v. additional collector, monghyr and ors. 1978 bbcj 575 and vijay kumar v. state of bihar and ors. 1993 (1) pljr 99.23. in may view, there cannot be any dispute with such a proposition. ..... or any provision of law was produced on behalf of the petitioners-society to state that a cooperative society getting registration under the bihar self supporting co-operative societies act, 1996 is also entitled to have preferential right for settlement in terms of rule 11-c of the rules.20. learned counsel, however, referring to the ..... it would be also relevant to consider whether the petitioner-society claiming preference under rule 11-c even without being registered under the bihar & orissa co-operative societies act until date of final settlement, as also without participating at the time of auction, will be entitled for a settlement ignoring all the mandatory procedures enumerated at different .....

Tag this Judgment!

Nov 16 1998 (HC)

Collr. of C. Ex. Vs. Tata Engineering and Locomotive Co. Ltd.

Court : Patna

..... 15-11-1980 substantially the same provisions as contained in the omitted rule 10 and which had earlier been introduced in the parent act as section 11a by the customs central excise & salt act, 1978 (act 24 of 1978) were made enforceable with effect from 17-11-1980. it is thus to be noted that the provisions which were earlier part ..... , in my view, the tribunal was quite right in taking note of the question of limitation and it cannot be faulted for having done so.30. in town municipal council, athani v. presiding officer, labour court, hubli and ors. - air 1969 sc 1335, the supreme court held as follows :'a question of limitation raises a plea ..... & locomotive company limited) have been referred to this court by the customs, excise & gold control, appellate tribunal, calcutta under section 35g(3) of the central excise act on a direction given by this court, at the instance of the collector, central excise, patna. the two questions on which the tribunal was directed to state the case .....

Tag this Judgment!

Nov 11 1998 (HC)

Shri Mahanth Chandramani Das Vs. Shri Ram Rajeshwar Das and anr.

Court : Patna

..... consideration by both the parties. so far as the appellant is concerned, certain decisions have been cited. the cited case laws are as follows:(i) a.i.r. 1947 privy council, 169, suryanarayana murthi v. suramma and ors.the case deals with the onus to prove testamentary capacity.(ii) : air1954pat131 . the state v. karu gope and anr.in this ..... the purpose of deciding the final title to the math and its properties and it has already been mentioned above that a suit bearing t.s. no. 225 of 1978 is already pending in the court of sub-ordinate judge, patna. in the suit an order of injunction has been passed against the present respondent who is defendant in ..... in his favour. it appears that prior to the filing of this application the respondent ram rajeshwar das had filed a petition under section 192 of the indian succession act which was registered as succession case no. 188 of 1961. this application was filed by the respondent on 14th march, 1961 on the basis of wasiyatnama and mokhtarnama .....

Tag this Judgment!

Aug 21 1998 (HC)

Bibi Shahnaz Alias Munni Vs. State of Bihar and anr.

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!

Aug 21 1998 (HC)

Bibi Shahnaz @ Munni Vs. State of Bihar and anr.

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 .....

Tag this Judgment!

May 22 1998 (HC)

Amir Pasi Vs. State of Bihar and anr.

Court : Patna

..... that in view of the fact that an order of maintenance under section 125, cr.p.c. was passed by the chief judicial magistrate, dhanbad on 31.1.1978, the family court had no jurisdiction to entertain the application filed in the same case under section 127 of the code. referring to various annexures learned counsel further contended ..... , 1973. thus, from a conjoint reading of the provisions aforesaid, it is clear that after application of the provisions of the act in the state of bihar, the family court is the only forum before which disputes relating to order for maintenance of wife, children and parentsas well as other ..... jurisdiction as may be conferred on it by any other enact- ment.'similarly, by reason of section 8 of the act, the jurisdiction and power of the magistrate, in relation to such area where provisions of this act are applicable, has been excluded to deal with the matter as contemplated under chapter ix of the code of criminal procedure .....

Tag this Judgment!

Dec 24 1997 (TRI)

Sunderdas Haridas Vs. Assistant Commissioner of

Court : Income Tax Appellate Tribunal ITAT Patna

Reported in : (1998)67ITD89(Pat.)

..... of encashment of leave on retirement from service from inclusion in the assessee's total income, was inserted into section 10 to be effective from april 1, 1978, by the finance act, 1982, no consequential amendment of section 17(3)(ii) was made. that demonstrates the intention of parliament to the effect that all categories of payment ..... of the assessee by transfer of his assets to his wife or minor child." 8. in the case of cambay electric supply industrial co. ltd. v. cit [1978] 113 itr 84 their lordship of hon'ble supreme court has observed as under : "as regards the aspect emerging from the expression "attributable to" occurring in the phrase ..... means income derived from foreign exchange asset cannot include capital gain arising on transfer of foreign exchange asset for purposes of chapter xii-a of the i.t. act. realisation of capital through transfer of capital asset cannot be income derived from the asset. for this reason legislature separately defined long term capital gain and made .....

Tag this Judgment!


Save Judgments// Add Notes // Store Search Result sets // Organize Client Files //