Court : Patna
..... (a) : power of the collector to decide objections under section 5a(2) : the challenge to the collector's power is based on the plea that as a result of the amendments introduced in section 5a(2) of the central act (by act 13 of 1967 and later by act 68 of 1984) a repugnancy had arisen between the provision substituted by the bihar amendment act of 1960 in place of section 5a(2) and the amended section 5a(2) of the central act. ..... the three questions which arise for consideration on the basis of the submissions made on behalf of the petitioner can be formulated thus : (a) whether the amendments introduced in section 5a(2) by the land acquisition (amendment and validation) act (act 13 of 1967) and land acquisition (amendment) act (act 68 of 1984) will have the effect of impliedly repealing the amended section 5a(2) substituted by the bihar amendment of the year. ..... sunil kumar submitted that the land acquisition (amendment and validation) act (act 13 of 1967) introducing some amendments in section 5a(2) must be deemed to have impliedly repealed the amended section 5a(2) substituted in the central act by the bihar amendment of 1960. ..... in that case this court considered the same plea with regard to section 4( 1) of the act and by a majority decision came to hold that the amendment introduced in section 4( 1) of the central act (by act 68 of 1984) did not have the effect of repealing the provision substituted by the bihar amendment of 1960 in place of section 4( 1). .....
Tag this Judgment!Court : Patna
..... prevail over the state law and to the extent of repugnancy or contradiction the bihar amendment of 1960 stood impliedly repealed.6. ..... 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 legislation available to 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 .....
Tag this Judgment!Court : Patna
..... piece of legislation because the bihar agriculture produce market act, 1960 (hereinafter referred to as 'the act of 1960') had been tested and upheld by the hon'ble supreme court as a reasonable restriction on freedom of marketing agriculture produce but before repealing that act of 1960, no enquiry has been made into the necessity of change in legislative policy in furtherance of which act of 1960 had been enacted indicating that the repeal act has been enacted without application of mind.as a limb of this argument it was urged that in the ..... (a) the second contention that has been raised before us to support the ultra vires argument was that since the act of 1960 was amended in 1982 by obtaining previous assent of the president for imposing market fees in terms of proviso to article 304(b) of the constitution, repeal of the said act of 1960 also required prior assent of the president. ..... with this premise it was contended that unamended provision stood repealed because of amending act, and new provision did not come into operation. ..... .it was also contended by the learned counsel appearing for the petitioners that the amendment act is unreasonable for the reason that it does not spell out any object for the purpose for which the repeal was being enacted inasmuch as no preamble has been provided to the act and it has also been urged in that connection that with regard to the aims and objects following statement has been made:foi.ku i'kzn~ rfkk cktkj lfefr .....
Tag this Judgment!Court : Patna
..... 207/76, along with other acts and ordinances, was repealed and sub-section (2) of section 81 of the act provided that notwithstanding such repeal, anything done or any action taken under the ordinances, shall be deemed to have been done or taken in exercise of the powers conferred by or under this act, as if this act was in force on the date on which such thing was done or action taken. ..... but, in our view, the said provision cannot be read in isolation and that has to be read along with other relevant provisions including the provision dealing with the repeal and savings as contained in section 81 of the act, which runs as follows : '81. ..... --(1) the bihar state universities (bihar, bhagalpur and ranchi university) act, 1960 (bihar act 14 of 1960), the magadh university act, 1961 (bihar act 4 of 1962), the kameshwar singh darbhanga sanskrit university act, 1962 (the bihar act 21 of 1965), the lalit narain mithila university second ordinance 1976 (bihar ordinance no. ..... section 67 of the act went to the process of amendments several times. ..... 90 of 1976), the bihar state universities (bihar, bhagalpur and ranchi university) (second amendment) ordinance, 1976 (bihar ordinance no. ..... 87 of 1976), the magadh university (second amendment) ordinance, 1976 (the bihar ordinance no. ..... 89 of 1976), the bihar state universities laws (second amendment) ordinance, 1976 (bihar ordinance no. .....
Tag this Judgment!Court : Patna
..... were juvenile and are entitled to protection of the bihar children act, 1960 and the subsequent amendment i.e. ..... also well settled law that the question that the appellants were juvenile can be raised at any stage of the case and therefore, it is argued that the judgment and order convicting the appellants deva nand singh and upendra singh under section 376 should be set aside if the court finds on facts that the appellants are guilty ..... the juvenile justice act provides that any law in force in a state corresponding to this act shall stand repealed from the date on which the act come into effect, provided that the repeal shall not effect the previous operation of any law so repealed or anything duly ..... the motive is not strong enough for implicating the appellants in this case however, that there appear to be a reason for filing this case and the motive has to be tested along with the other material that has come on record which has been discussed above. ..... the prosecution has failed to prove that a panchayat was held before the first information report was lodged, and therefore, this court finds that the evidence of prosecutrix has to be tested along with the entire gannets of facts which has ..... act, 1982 saved any right, privilege, obligation or liability acquired, accrued or incurred under any previous law corresponding to provisions of the act which stand repealed by the successor act ..... obligation or liability required, accrued or incurred under the law so repealed shall be saved. .....
Tag this Judgment!Court : Patna
..... however, section 16 of the above mentioned amending act provides repeal and savings, sub-section 2 of which reads as follows:notwithstanding that the provisions of this act have come into force or repeal under sub-section (1) has taken effect, and without prejudice to the generality of the provisions of section 6 of the general clauses act, 1897,-(a) the provisions of section 102 of the principal act as substituted by section 5 of this act, shall not apply to or affect any appeal which had been admitted before the commencement of section ..... from the aforesaid provisions of law it is quite apparent that the legislature had clearly meant that generality provided in section 6 of the general clauses act, 1897 with respect to effect of repeal was not affected by the amending act and that the provision of rules 17 and 18 of order vi of the code as substituted by the amending act of 2002 shall not apply to the cases filed prior to the commencement of the amending act. ..... filed in the year 1988, whereas the aforesaid amending act came into force on 01.07.2002, hence the amended provision of the code with respect to amendment of the pleadings would not be applicable to the instant suit and any amendment sought to be made in the pleadings of that suit would be governed by the provision of order vi rule 17 of the code which was in force prior to the coming into force of the amending act and thus for allowing amendment after commencement of the trial, the court is not .....
Tag this Judgment!Court : Patna
..... of appeal accrues to a party the same does not stand defeated on the said right having been repealed by any subsequent amendment or repealing act unless the said amendment act clearly provides so with retrospective effect. ..... the panchayati raj department by its letter dated 29.5.2008 informed the board of revenue that no appeal appears to have been provided to the principal secretary of the department by the amendment act, 2007 to the 2006 act and in such circumstances, it was not proper for the department to pass any order on the appeal files sent to it and since the appellants had not filed any application in the department, therefore, the files were being consigned. ..... 2008 the member, board of revenue held that provision of section 18(6) of the act for appeal against the order of the commissioner before him having been deleted by the amendment act he did not have the authority to hear and pass order and the file was accordingly sent to the department of panchayat raj for further action ..... from the post of mukhiya by various orders and in the fifth case after removal as adhakshya of zila parishad by the order of the commissioner, they had preferred appeals before the member, board of revenue but in the said appeals either orders have been passed that the member, board of revenue has ho power to hear an appeal after the amendments brought about by the amending act of 2007 or the matters have been ..... 1960]3scr640 and mukund deo (dead) represented by his legal representatives kasibai and .....
Tag this Judgment!Court : Patna
..... patna amendment shall be deemed to be repealed after coming into force of the amended provision being inconsistent with the provision of the principal act as amended by the amending act in terms of provision contained in section 97(1) and as such after coming into force of the amended provision, no order could have been passed in terms of the unamended provision, which stood repealed.32. ..... in view of the foregoing discussion, the statutory provision of repeal and saving clause as contained in section 97 of the amending act lias to be considered with a view to find out as to whether the said amended provisions of order xxi, rule 58 of the code are retrospective or prospective in operation. ..... (2) notwithstanding that the provisions of this act have come into force or the repeal under sub-section (1) has taken effect, and without prejudice to the generality of the provisions of section 6 of the general clauses act, 1897,--xxx xxx xxx(q) the provisions of rules 31,32,48a, 57 to 59, 90 and 97 to 103 of order xxi of the first schedule as amended or, as the case may be, substituted or inserted by section 72 of this act shall not apply to -- (i) any attachment subsisting immediately before the commencement of the said section 72, or(ii) any .....
Tag this Judgment!Court : Patna
..... the said interpretation gets further strength from the repeal and saving clause as contained in section 97(2)(r) of the amending act, which provides that the provisions of sub-rule (4) of order xxii shall not apply to any order of abatement made before the commencement of section 73 of the amending act, meaning thereby if an order of abatement has been made on or before 1-2-1977 when the amending act came into force, the provision of sub-rule (4) will not apply. ..... section 97 of the amending act contains a provision with regard to repeal and savings and section 97(2)(r) provided that the amending provisions as contained in rule 4 of order xxii shall not apply to any order of abatement made before the commencement of the said section 73. ..... however, a division bench of the same high court in re : nishit mohan chatterjee, reported in (1993) 97 cal wn 636 held that after incorporation of sub-rule (4) by the amending act in order xxii, rule 4 of the code, the earlier judgments of the said court were no longer a good law and the power of exemption under sub-rule (4) of order xxii, rule 4 of the code can be exercised even after the abatement had taken place.19. .....
Tag this Judgment!Court : Patna
..... and perform the following duties, namely-(a) of making the statues and amending or repealing the same;(b) of considering the statutes and the regulations and amending or repealing the same;(c) of passing resolution after having considered the annual report, the annual account, the financial estimates and audit report on such accounts;(d) of exercising the powers for the purpose of control in colleges and tols and of super in tendence which include affiliation and ..... section (1) any rules made with reference to clause (c) or clause (gg) of the said sub-section and in force immediate before the commencement of the advocates (amendment) act, 1973 shall continue in force until altered or repealed or amended in accordance with the provisions of this act.14. ..... i am not supposed to enter into the question as to whether the authorities of the college have fulfilled all the requirements in terms of the universities act and the statutes and as to whether the authorities of the college are expected to obtain the affiliation of the college from the university as neither the application has been filed ..... advocates, having regard to the climatic conditions, appearing before any court or tribunal;(h) the fees which may be levied in respect of any matter under this act;(i) general principles for quidance of state bar councils and the manner in which directions issued or orders made by the bar council of india may be enforced;(j) any other matter which may be prescribed provided that no rules made .....
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