Judgment Search Results Home > Cases Phrase: repealing and amending act 1960 Court: patna Page 7 of about 275 results (0.114 seconds)

Sri Abhijit Sinha, Spl. Judge, Vigilance Vs. S.Z.H. Zafari and anr.

Court : Patna

..... act, 1947 and criminal law amendment act, 1952 without prejudice to the application of section 6 of general clauses act, 1897 anything done or any action taken or purported to have been done or taken in pursuance of the acts so repealed shall insofar as it is not inconsistent with the ..... act, 1988, has been framed to consolidate and amend the law relating to prevention of corruption act for matters connected therewith and is, therefore, a special enactment and on the point of sanction, it contains specific provision in section 19(1) which ..... [1993]2scr311 , was in respect of a case for the offences under the indian official secrets act, 1923 and atomic energy act, 1962, section 26 of the atomic energy act, 1962 prescribes that all offences under this act shall be cognizance under the code of criminal procedure and there is no special provision in the indian official secrets act, 1923 in respect of sanction and in this view of the matter, the apex court held that sanction under section 197(1), cr. ..... all the decisions relied upon by the prosecution are in respect of cases arising exclusively out of p.c, act and the apex court in all such cases has held that sanction under section 6 of p.c. ..... a public servant on his retirement even if the offence is alleged to have been committed in discharge of his official duty as a public servant, regard being had to the term 'is' employed in section 6 of the prevention of corruption act and the term 'is or was' employed in section 197, cr. p.c.2. .....

Punya Mani Devi and ors. Vs. the State of Bihar and ors.

Court : Patna

..... any land in such area except with the previous sanction of the consolidation officer and, if the sanction is granted, the transfer or partition, as the case may be, shall be, subject to the rights and liabilities attached to the land under the scheme of consolidation in respect of such area.the section was amended by act 27 of 1975 as under:after the date of publication of preparation of register of lands and statement of principles under sub-section (1) of section 10 no person shall transfer ..... the judgment in the aforesaid case runs as under:there was some argument at the bar as to whether the effect of sub-section (2) of section 5 of the act is to give retrospective effect to sub-section (1) of section 5 of the act and also to retrospectively repeal section 5 which stood prior to act 35 of 1982. ..... at some length, i am of the view, sub-section (2) of section 5, as it stands today, has been given retrospective effect and section 5 which stood prior to act 27 of 1975 has been retrospectively repealed because if this is not done then the same transaction may be void being in violation of section 5 of the act which now stands repealed but it will be valid and convey good title by virtue of section 5 of the act as it stands today. ..... have been the intention of the legislature.we are in agreement with the above proposition of law except that there being no repeal of section 5, the reference of section 5 existing prior to 1975 being retrospectively repealed does not seem to be correct. .....

Essel Adi Smart Grid Solutions Ltd Vs. Bihar State Power (Holding) Com ...

Court : Patna

..... the electricity act, 2003 (hereinafter in brevity 'act') and its subsequent amendments which repealed the indian electricity act, 2010, the electricity (supply) act, 1948 and the electricity regulatory commission act, 1998, while consolidating the law governing and relating to generation, transmission, distribution, trading and use of electricity, made radical changes in the ..... company represented both to the regulatory commission and the power holding company that while it welcomed any move of relaxation of any terms and conditions in the bid document would encourage more competitiveness by permitting more people to participate, the power holding company should not alter or amend the bid document in a manner to restrict competition or make it more stringent because as it is on the existing terms and conditions hardly anyone except petitioner had come ..... but, having said this and virtually having found that the action of the power holding company in amending the eligibility criteria and cancelling the first tender and issuing the second tender was irrational, the question is, to what relief the petitioner is ..... the petitioner made enquiries and it revealed that the power holding company was intending to move or had moved the bihar electricity regulatory commission (hereinafter in brevity 'regulatory commission') seeking permission to amend the bid document ..... people dealing with public finance and public rights are not expected to act in such a manner and merely raise the boggy of .....

S.K.G. Chini Mill Mazdoor Sang and ors. Vs. the State of Bihar and ors ...

Court : Patna

..... it was submitted that section 18 of the 1985 act which contains the repeal and saving provisions provides that notwithstanding the repeal of 1976 act, the previous operation of the repealed enactment or anything duly done or suffered thereunder or any right, privilege, obligation or liability acquired, accrued or incurred under the repealed enactment or any penalty forfeiture or punishment incurred thereunder or any pending ..... upon such addition and amendment of the schedule the added undertaking were to be deemed to have vested in the state of bihar/bihar state sugar corporation with effect from the date mentioned ..... section 17 having been repealed with retrospective effect as if the section was never been part of the 1976 act, without any saving clause the notification must be held to have become non-existent in the eye of law, as if this was not enough, the amendment further made it clear that no action taken under section 17 shall be deemed to have ..... challenge to the notification dated 29-9-1984 is concerned, as observed above, in view of the bihar sugar undertakings (acquisition) (amendment) ordinance/act (bihar act 14 of 1987) deleting section 17 of the bihar sugar undertakings (acquisition) act, 1976 with retrospective effect from the very date of its enactment as if that section had never been part of the act, the notification dated 29-10-1978 was like a still born child. ..... out to the counsel he prayed for time to file application to challenge the validity of the amendment act. .....

Basant Kumar Choudhary Vs. Union of India (Uoi) and ors.

Court : Patna

..... following the recommendations of the all india bar committee and the law commission, the bill recognises the continued existence of the system known as the dual system now prevailing in the high courts of calcutta and bombay, by making suitable provisions in that behalf, the advocates act, 1961 (act 25 of 1961) repealed the indian bar councils act, 1926 and number of other laws on the subject. ..... the preamble of the act says that it is an act to amend and consolidate the law relating to legal practitioners and to provide for the constitution of bar councils and an all india bar. ..... the petitioner virtually has condemned the high court by saying that the high court was acting incompetent, it was not applying the test as required in the act and the rules and at the same time it was favouring those who are the blue-eyed-babies of the judges or have close intimacy with the judges. ..... he also stated that under the established practice and procedure, he cannot be forced to make statements and amend the pleadings. ..... he also stated in the affidavit that he does not wish to amend the pleadings contained in the writ application and he does not choose to say anything more than what he had already said. ..... concerned, by order dated 19.1.2005 after detailing our reasons we made it clear that we will not hear the petitioner in relation to the reliefs as claimed in sub-para (iv) of para-1 of the writ petition as it originally stood or as it stood after amendment brought under i.a no. .....

Laxmi Prasad Vs. State of Bihar and ors.

Court : Patna

..... act, 1989 amended the rules pertaining to appointment/ promotion and service conditions of the enforcement wing of the transport department, known as bihar transport (enforcement wing) cadre rules, 2003, and ..... were lesser and now after coming into force of the cadre rules, ..... and he was entitled to be appointed by way of promotion to the post of enforcement sub- inspector by virtue of the decision taken by the transport commissioner, government of bihar, patna, whereby and ..... and ..... enforcement sub- inspector and this court vide order ..... and ..... and before that the cadre amendments rules, 2003 was amended on 24.9.2003, which would be evident from annexure 3 to the counter affidavit, and, thus, the posts of enforcement sub-inspector now onwards would be filled up by way of direct recruitment by the bihar public service commission, and, therefore, the case of the petitioner cannot be considered retrospectively under the old rules, as the vacancies occurred after the amended ..... and the same was rejected vide order, as contained in annexure a to the counter affidavit and ..... and at the time of consideration of the cases of the private respondents vis-a- vis the petitioner, the gradation list of 1993 was not in consideration, as the same was found to be defective and subsequently revised and ..... and considering the facts and ..... and ..... and ..... amendment application has also been filed on behalf of the petitioners challenging annexure a to the counter affidavit filed on behalf of the state, whereby and ..... and .....

Dr. Kunal Hazari Vs. the State of Bihar and ors.

Court : Patna

..... aggrieved either (a) by altering rights or obligations of that person which are enforceable by or against him in private law; or (b) by depriving him of some benefit or advantage which either (i) he had in the past been permitted by the decision-maker to enjoy and which he can legitimately expect to be permitted to continue to do until there has been communicated to him some rational grounds for withdrawing it on which he has been given an opportunity to comment; or (ii) he has received assurance from the decision-maker ..... that the plan could not be processed without first approval of the collector, decided to put the cart before the horse, itself ignored the statutory provisions for permission applicable for construction even on government lands and as a government body treated the subsequent receipt of a copy of the lease deed from the collector, already available with it since much earlier, as grant of permission by the collector, all of which make it apparent that there ..... 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. .....

Ranchi Timber Traders Association and ors. Vs. State of Bihar and ors.

Court : Patna

..... view of the provision contained under the bihar forest produce (regulation of trade) act and bihar saw mills (regulations) act 1990 the provision of the transit rules stand impliedly repealed as there is an elaborate provision under the aforesaid acts regarding control and management over the forest produce including control over the transportation of the forest produce. ..... respect of which there is reason to believe that any money is payable to the government on account of the price thereof, or on account of any duty, fee, royalty or charge due thereon, or to which it is desirable for the purposes of this act to affix a mark;(e) provide for the establishment and regulation of depots to which such timber or other produce shall be taken by those in charge of it for examination, or for the payment of such money, or in order that such marks may be affixed ..... by an amendment petition filed on 21-11-1996 they have challenged the vires of the transit rules aned also sought for declaration that the transit rules has been impliedly repealed pursuant to enactment of the bihar saw mills (regulation) act, 1990. ..... being conscious of this evil has added article 48a and 51a to the constitution of india by 42nd amendment act, 1976 under directive principles. ..... it also amended rules 6 and 8 of the ..... and 8 were also amended ..... rule 8 was also amended by which punishment prescribed ..... by amendment 1994 the proforma of the application form has been included in the schedule which is to be filed by the owners of the .....

Dharmendra Brahmchari, S/O Sri Anoop Singh and ors. Vs. State of Bihar ...

Court : Patna

..... are initiated for selection by issuing advertisement, the selection should normally be regulated by the then existing rules and government orders and any amendment of the rules or the government order pending the selection should not affect the validity of the selection made by the selecting authority or the public service commission unless the amended rules or the amended government orders issued in exercise of its statutory power either by express provision or by necessary intendment indicate that ..... the questions that arise in the present set of facts are whether the selection process had commenced before the date of the 2005 amendment as averred by the petitioners; whether on the date of the 2005 amendment the petitioners had acquired a right to be considered for promotion to the post of head master or, in other words, a vested right had accrued to the petitioners for being considered for promotion as head master in accordance with ..... the counter affidavit filed by the state of bihar indicates that since taking over of the non-government secondary schools under the 1981 act, somewhere in the year 1989 the state government decided to extend the benefit of the service conditions prevalent in the central government schools to the nationalised schools. 6 ..... , no promotion was made till the existing rules were repealed on 12th june 1996. ..... court observed that the writ petitioner had not acquired a vested right for being considered for promotion in accordance with the repealed rules. .....

Shahnaz Bano Alias Shahnaz Khan Vs. Perves Ahmad Khan and ors.

Court : Patna

Reported in : AIR2000Pat326

..... if a new act repeals an old act then unless the new act expressly or by necessary implication makes the provisions applicable retrospectively the right to appeal will crytalise for the appellant on the institution of the application in the tribunal for the first instance and that the vested right of appeal could not be disallowed by the enactment of the act. ..... the division bench it would appear that the petitioner would be entitled to fair maintenance for her iddat period and to a fair and reasonable provision to be made and paid to her for in accordance with the reasonable need of the divorced wife for the rest of her ..... to the well established principle of law as contained in the max well on the interpretation of statue (12th edition) at page 16 which provides as follows :"if the act expires or was repealed it was recorded in absence of provisions to the contrary as having never exceeded." .11. ..... after a detailed discussion it was held that according to sections 3 and 4 of the said act of divorce muslim women is entitled to thee following reliefs ;- she is entitled to get a reasonable and fair maintenance for iddat period and a reasonable provision to be made and paid to her within iddat period in lump sum or monthly instalment which should be determined according to the reasonable needs of divorced wife for the rest of her life or till ..... it was held that when two acts are clearly inconsistent with or to the other the former will be deemed or amended as to last expression must always .....