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
..... the parliament by its constitution (forty-second amendment) act, 1976, inserted article 48a in part iv of the constitution as directive principles of state policy, which provides that the state shall endeavour to protect and improved the environment and to safeguard the forests and wild life of the country.19. ..... counsel appearing for the union of india, on the other hand, has submitted that it may be true that african lions are not included in schedule i, but keeping in view of the object of the act to provide for the protection of the wild animals, bears and plants and for matters connected therewith or ancillary or incidental thereto, the applicability of the act is not precluded with respect to the african lion, about which nobody can dispute, is a wild life.13. ..... the government of india, in the department of environment and forest, issued notification dated 14-10-1998 (annexure-1) under section 22 of the prevention of cruelty to animals act, 1960 (hereinafter referred to as 'the act') putting restriction on exhibition or training as performing animals, namely, bears, monkeys, tigers, panthers and lions with effect from the date of publication of the notification. .....
Tag this Judgment!Court : Patna
..... the necessary facts essential to dispose of the matter are that the bihar agricultural produce market act, 1960, (for short 'the act') was enacted for the better regulation of buying and selling of agricultural produce and the establishment of markets for agricultural produce in the state of bihar and for matters connected therewith. ..... it appears that prior to that on 2.5.1977, the state government by issuance of a notification under section 39 of the act, which empowers it to amend the schedule, omitted the sugar. ..... the state government, thereafter, came out with an amendment and one of the amendment was introduced as section 4-b in the act. ..... the said amendment was challenged before this court by ..... court or if any of the writ petitions in the high court has, as an appellant before this court, obtained stay of the payment of market-fee then for the period during which such stay has operated and consequently market fee was not paid on the transactions covered by such stay orders there will remain no occasion for the market committee concerned to recover such market fee from the sugar mill concerned ..... regard to the past, transactions, as held by the supreme court, all past transactions up to the date of this judgment, which have suffered the levy of market fee, will not be covered by the judgment and the collected market fees on these past transactions prior to the date of the judgment will not be required to be refunded to any of the sugar mills which might have paid these market fees. .....
Tag this Judgment!Court : Patna
..... --consequent upon the changes incorporated in the seventy-third constitution (amendment) act, 1992 to bring it in conformity with the purposes substance and direction it has become necessary to make a new act repealing the bihar panchayat raj act, 1947 and bihar panchayat samiti and zila parishad act, 1961.the bill is for establishing a three tier panchayat raj system in the state with elected bodies at village, block' and. ..... the state legislature in view of the powers conferred by part ix of the constitution enacted the bihar panchayat raj act, 1993 and thus repealed and replaced the earlier bihar panchayat raj act, 1947 and the bihar panchayat samiti and zila parishad act, 1961. ..... by the constitution (seventy-third) amendment act, part ix relating to the panchayats was introduced in the constitution and it came into force with effect from 24.4.1993. ..... it is held that the bihar panchayat raj act, 1993 shall not apply to the scheduled areas, namely, (1) ranchi district, (2) singhbhum district, (3) latehar sub-division and bhanadarea block of garhwa sub-division in palamau district, (4) dumka, pakur, rajmahal and jamtara sub-division and sundar pahadi and boraijore blocks of godda sub-division and (5) santhal parganas district and we restrain the respondents from holding the election for panchayats in these scheduled areas. .....
Tag this Judgment!Court : Patna
..... the reasons stated above, i come to the following conclusions:(i) lohara are not covered by entry 22 part iii of the scheduled castes and scheduled tribes orders (amendment) act, 1976;(ii) in the hindi version of the act lohar has been inadvertanly mentioned and in view of conflict between english version and hindi version, the english version, shall prevail;(iii) the decision in shambhu nath's case was not meant to be applied in subsequent ..... that the decision was not to be taken as precedent in other cases;(v) the aforesaid decision holding that 'lohars' are included in entry 22 of part iii of scheduled castes and scheduled tribes order (amendment) act, 1976 and, therefore, entitle to the benefits available to the members of the schedule tribe, are not correct decisions on the point ..... no discussion on this aspect either way in those judgments.the scheduled castes and scheduled tribes order (amendment) act, 1976 by which the schedules to the order have been substituted, was ..... no other option but to hold that 'lohar' is not a scheduled tribe within the meaning of conclusion (scheduled tribes) order, 1950 as amended by constitution (scheduled castes and scheduled tribes) amendment order, 1976.the petitioners thus being lohar by caste which is a backward class and not 'lohra' or 'loharas' who are the members of scheduled tribe cannot get any benefit of the seats reserved in medical college for the ..... : [1960]3scr578 ; jai knur and others ..... and others, air 1960 sc 119; a raghavamma and .....
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..... in : [1969]2scr73 , powers under section 48 of the bihar state university act, 1960 was under challenge. ..... supreme court held following the decision in : [1975]1scr173 held that the power of appeal conferred on the vice chancellor under article 33(4) was not only a grave encroachment in the institution's right to enforce and ensure discipline enforceable but it is also uncanalised and unguided in the sense that no restrictions would be placed on the exercise of power. ..... the question for consideration is whether there is any provision in the 1976 act or any other act which empowers the authority of the state government to interfere .with the management of the institution ..... the supreme court further held that section (2) of the delhi school education act which required prior approval of the director for dismissal, removal, reduction in rank or termination of service of an employee of the recognised private school, offends article ..... submitted that rules relied upon on behalf of the third respondent are no longer in force since the act under which rules were framed has been repealed long back.6. ..... a blanket power was to directly interfering with the disciplinary control of the managing body of a minority educational institution over teachers and hence the ordinance was held to be violative of article 30(1) of the constitution.11. ..... 2501 dated 31.12.1992 the government has issued instruction regarding appointment and disciplinary action against staff of the schools run by minority institution .....
Tag this Judgment!Court : Patna
..... learned counsel for the petitioner argued before this court that there is no provision under the bihar panchayat raj act, 1993 (hereinafter referred to as 'the act of 1993 ' for the sake of brevity) or under the bihar panchayat election rules, 1995 ( hereinafter referred to as 'the rule of 1995' for the sake of brevity) for amendment of the election petition and hence the detailed procedure of the civil procedure code (hereinafter referred to as 'the code' for the sake ..... that the election petition had to be filed in the manner as laid down in the civil procedure code, 1908, whereas, sub-rule 2(b) prescribed that the election tribunal may allow the particulars included in the list to be amended or order such terms as to costs and allow to be amended or order such better particulars in regard to any matter referred to therein to be furnished as may, in its opinion, be necessary for the purpose of ensuring a fair ..... by the civil procedure code (amendment) act 1999, the said provision of order vi rule 17 was omitted, whereas, by the civil procedure code (amendment) act, 2002, the said provision of order vi rule 17 was substituted as follows:17. ..... the said act of 1947 was repealed by the bihar panchayat raj act, 1993, under the provision of section 121 of which bihar panchayat election rules, 1995, was framed in which no such provision as section 75(b) of the rule of 1959 was included. .....
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..... these two appeals are directed against the judgment and order dated august 18, 1987, and that dated april 10, 1989, passed by the learned single judges in two separate writ petitions challenging the notification dated july 18, 1980, issued under the drugs and cosmetics act, 1940 (for short 'the act') amending the drugs and cosmetic rules, 1945 (for short 'the rules') enhancing ..... notification was issued, the association of the petitioners represented to the state government to annul and repeal the provisions for levy of late fees for the renewal of licence but that representation was turned down by letter dated 24.10.1981 and licence holders were directed to make application for renewal of their licences along with late ..... days from the date on which the copies of the official gazette containing the said notification were made available to the public;and whereas copies of the said gazette were made available to the public on the 10th july, 1979,and whereas the objections and suggestions received from the public on the said draft have been considered by the central government;now, therefore, in exercise ..... to amend the drugs and cosmetics rules, 1945, were published, as required by sections 12, 18 and 33 of the drugs and cosmetics act, 1940 (23 of 1940), hereinafter referred to as the said act) at pages 841 to 844 of the gazette of india part ii, section 3, sub-section (i), dated the 20th june, 1979, under the notification of the government of india in the ministry of health and family .....
Tag this Judgment!Court : Patna
..... of the petitioner has raised a short question in support of this application.learned counsel submitted that the matter relating to grant of mining lease and or its renewal is governed by the provisions of mines and minerals (regulation and development) act, 1957 and the mineral concession rules, 1960. ..... be granted by the state government only with the prior approval of the central government and the same shall be subject to the provisions of sub-section (3) of section 8 of the mines and minerals (regulation and development) act, 1957, as required under sub-rule (7) of rule 24-a of the mineral concession rules ..... various decisions of the supreme court of india as also this court that the provisions of section 2 of the forest conservation act are mandatory in nature and no grant can be made for non-forest purposes except with prior approval of the central government. ..... act was an act in recognition of the awareness that deforestation and ecological imbalances as a result of deforestation have become social menace and further deforestation and ..... prevail over the provisions of mines and minerals (regulation and development) act or the rules framed thereunder. ..... the petitioner is not to carry on any mining operation unless a fresh lease is granted in its favour upon obtaining prior approval of the central government not only in terms of the forest (conservation) act, 1980 but also in terms of sub-section (8) of section 8 of the mines and minerals (regulation and development) act, 1957.20. .....
Tag this Judgment!Court : Patna
..... chapter vii-a as introduced in the act of 1939 by the amending act 1982 (act 47 of 1982) is clearly a departure from common law principle that the claimant should establish the negligence on the part of the owner of the vehicle before claiming any compensation for the death or permanent disablement caused on ..... the tribunal relying upon the provision of amending act 56 of 1969 held that the liability of insurance company in respect of goods vehicles is rs ..... section 140 of the said act corresponds to section 92-a of the act of 1939 as inserted by the amending act 1982. ..... state of karnataka : air1990sc405 .in the present case before us, section 92-a cannot be invoked unless the provision is either procedural or if the amendment belongs to substantive law, the amendment contains provisions which either expressly or by necessary implication modify the rights vested at the very commencement of the action. ..... again, in the year 1982, the provision of section 95 was amended by amending act 47 of 1982. ..... , before the amending act 48 of 1982 came into force.13 ..... -(1) the motor vehicles act 1939 and any law corresponding to the act in force in any state immediately before the commencement of this act in that state (hereinafter in this section referred to as the repealed enactments) are hereby repealed. ..... their lordship following its earlier judgment observed as under:having regard to the statute as it stood prior to the amendment by article 147 of 1982 they hold that the insurer was liable to pay upto rs. .....
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