Judgment Search Results Home > Cases Phrase: resettlement act 1949 Court: patna Page 1 of about 124 results (0.042 seconds)

Mora Ho Vs. State of Bihar and ors.

Court : Patna

..... charter, letters patent, order in council, warrant, proclaimation, notification, rule, resolution, order, regulation, direction or contract made, or form prescribed, or table settled, under any enactment hereby repealed and in force at the commencement of this act, or (b) the validity of any appointment, or any grant or appropriation of money or property made under any enactment hereby repealed, or (c) the tenure of office, conditions of service, terms of remuneration or right to pension of any ..... competent legislature or other competent authority have effect subject to such adaptations and modifications as appear to hismajesty to be necessary or expedient forbringing the provisions of that law into accord with the provisions of this act and, inparticular, into accord with the provisionsthereof which reconstitute under differentnames governments and authorities in indiaand prescribe the distribution of legislativeand executive powers between the federation and the provinces: provided that no such ..... final report on the survey and settlement operation in the district of ranchi (1910) and the final report on the resettlement of the kolhan government estate (1913-1918) have also recorded that the rules framed by captain wilkinson though not sanctioned by the government but have been followed ..... ' (quoted from the final report on the resettlement of the kolhan government estate, published in 1920 ( ..... ' final report on the resettlement of the kolhan government estate, published in 1920 .....

Mumtaj Khan @ Mumtaz and ors. Vs. Nabi HussaIn Khan and ors.

Court : Patna

..... provides that 'where the evidence upon the record is sufficient to enable the appellate court to pronounce judgment, the appellate court may, after resettling the issues, if necessary, finally determine the suit, notwithstanding that the judgment of the court from whose decree the appeal is preferred has proceeded wholly upon some ground other than that on which the ..... learned counsel for the appellants then submitted that the learned appellate court below has acted illegally in setting aside the judgment and decree of the trial court and remanding the case for fresh consideration. ..... if it feels that the trial court has omitted to frame issue which is essential for just decision of the case, he may act in accordance with the provisions of order 41 rule 25 c.p.c.17. .....

B.O.C. India Ltd. Vs. State of Bihar and ors.

Court : Patna

..... fairly, the reference is invalid for the reason that no demand was made to the employer and as such the dispute raised 2 by the workers is not the industrial dispute as defined under the act and secondly, it was submitted that there was a valid long term settlement with the union representing the majority of the workmen and term of the said 2 settlement is binding on workers union and ..... ; and, whereas, the governor considers it desirable to refer the said dispute for adjudication; now, therefore, in exercise of the powers conferred by clause (d) of sub-section (1) of section 10 of the industrial disputes act, 1947 (14 of 1947), the governor of bihar is pleased to refer the said dispute for adjudication to the industrial tribunal, ranchi constituted by the state government. ..... learned counsel for the petitioner has relied upon a judgment of the supreme court in the case of sindhu resettlement corp. v. ..... it was further submitted that as the dispute was referred under section 10(1)(d) of the act after failure of the conciliation proceeding even in case of no demand by the employees to the employer the reference is not invalid if the government is satisfied ..... between the petitioner and the workman represented by the president indian oxygen workers' union (hereinafter referred to as the workers' union) in exercise of power under section 10(1)(d) of the industrial disputes act (hereinafter referred to as the act), a copy of which has been annexed as annexure 1 to the writ application. 2. .....

Arti Devi @ Arti Pandey Vs. the Union of India (Uoi) and ors.

Court : Patna

..... the contentions directs that the petitioner may produce evidence and satisfy the authority with respect to discharge of her onus under the provisions contained in section 108 of the indian evidence act, 1872, whereupon the respondent-authorities concerned shall discharge their onus under the said provisions and proceed and conclude the matter accordingly afresh within two months thereafter. 9. ..... that any member of the central reserve police force, who has been declared deserter under the crpf act, 1949, cannot be dismissed from service. ..... , declared deserter and later, a disciplinary enquiry was also conducted against him and on receipt of the enquiry report penalty of dismissal from service with effect from 26-12-1996 under section 11(1) of crpf, act, 1949 read with rule 27 of crpf. ..... in reply affidavit filed on behalf of the petitioner it is stated that under the provisions of the indian evidence act any person becomes traceless or his whereabouts is not known for seven years shall be deemed to have been declared as dead and there is no necessity under the law to his having been declared missing ..... counsel for the parties and going through various provisions of the central reserve police force act and rules, prima facie, i am not satisfied with the stand taken by the ..... claimed for payment of death-cum-retiral dues, including family pension, treating her husband dead after expiry of seven years in view of the provisions contained in section 108 of the indian evidence act, 1872. 2. .....

Deonarayan Singh and ors. Vs. Commissioner of Bhagalpur Division and o ...

Court : Patna

Reported in : AIR1985Pat196; 1985(33)BLJR185

..... 65 of mouza billi, and, therefore, the ejectment of the appellants under section 42 of the santhal parganas tenancy (supplementary provisions) act, 1949 (hereinafter referred to as "the act") and the restoration of the same to the respondents was justified. ..... ghose that the petitioners could not have been evicted under section 42 of the act as they have perfected their title at a time after the 1949 act had come into force by remaining in possession for more than 12 years under illegal settlement has no substance. ..... in chronological order, this was followed by the santhal parganas tenancy (supplementary provisions) act, 1949, which came into force on the 1st of nov. ..... might have been the label of the original petition filed by respondent 9 and seven others, it was held on facts, that the transfer had to be set aside because it violated section 42 of the santhal parganas (supplementary provisions) act, 1949, read with clause 18 of the records of right. ..... this was affirmed by the learned commissioner by annexure '3' in which he clearly stated that the transfer was in violation of section 42 of the santhal parganas tenancy (supplementary provisions) act, 1949, read with clause 18 of the record of rights.29. ..... 1949, being the date of the enforcement of the santhal parganas tenancy (supplementary provisions) act, 1949-- is the significant solitary question arising from a deep-seated conflict of precedents within this court which has necessitated this reference to the full bench.2. .....

Radha Krishna Upadhya Son of Late Am Nishoch Upadhya Vs. the Union of ...

Court : Patna

Reported in : 2009(57)BLJR2987

..... 1 to 7 of the table under rule 27 of the rule or clause (d) and (e) of section 13 of the central reserved police force act, 1949 (hereinafter to be referred as the act) but the said provisions are not applicable to the facts and circumstances of the case.6. ..... it is quite apparent that the order which was challenged in the writ petition does not come under the purview of either rule 27 of the rules or section 13(d) & (e) of the act and hence the said order is clearly not appealable under rule 28 of the rules.8. ..... so far section 13(d) & (e) of the act is concerned they are only with regard to the forfeiture and refund of expenses. .....

Durga Hotel Complex Vs. Reserve Bank of India and ors.

Court : Patna

..... the banking ombudsman scheme was passed in exercise of the powers conferred by section 35a of the banking regulation act, 1949. .....

Siwan Central Co-operative Bank Ltd. Vs. the Reserve Bank of India and ...

Court : Patna

..... siwan central co-operative bank limited, siwan has filed this writ application assailing the directions issued by the rbi under section 35a of the banking regulation act, 1949 (hereinafter referred to as 'the act') dated 30.12.2004, annexure 3 restraining the petitioner-bank from accepting fresh deposit, including deposits in the savings/current accounts, fixed/recurring deposit is also ..... and thereby the rbi not only violated the principles of natural justice but also infringed the constitutional rights of the petitioner-bank guaranteed under article 19(1)(g) of the constitution and acted with a closed mind indicative of the fact that rbi has already decided to close the petitioner-bank and in these circumstances it was submitted that this court should not ..... bank as the rbi issued notice to show cause within one month from the date of receipt of notice as to why the application for grant of banking licence under section 22 of the act be not rejected and before the notice could be served on the petitioner and time granted thereunder to file the show cause reply could be over; the rbi issued directions contained in letter ..... relegate the petitioner-bank to avail the alternative remedy in terms of sub-section (2) of section 35a of the act as the representation dated 1.1.2005/4.1.2005, annexures 6 and 6/1 is pending with the rbi for more than two months and the rbi for obvious reasons has not chosen to consider the .....

Chapra District Central Co-operative Bank Limited and anr. Vs. Union o ...

Court : Patna

..... after amendment of the banking regulation act, 1949 by act 23 of 1965, the co-operative banks too became legally obliged to obtain licence from reserve bank of india to conduct banking business. ..... jha, senior advocate appearing for the reserve bank of india submitted that an application for grant of licence made by a co-operative bank was required to be considered and disposed of under the provisions of section 22 of the banking regulation act and rule 11 of the banking regulation (co-operative societies) rules, 1966 had no application to the process of grant of licence. ..... jha submitted that the liquidator could only perform his assigned functions under the act, he was neither empowered nor it was his function to seek relief (s) on behalf of the bank in regard to matters that led to its winding up and liquidation.4. ..... he submitted that as a consequence of denial of the banking licence the registrar passed an order of winding up of the co-operative bank under section 42 of the act, and following the winding up order, a liquidator of the society was appointed. dr. ..... under the provisions of the co-operative societies act, therefore, it was only the administrator who could claim to represent the bank and could file a writ petition on its behalf.3. dr. s.n. ..... he submitted that rule 22 of these rules excluded the application of the banking companies rules, 1949 to co-operative societies. ..... under section 41 of the act, the managing committee of a society may be suspended, dissolved etc. .....

United Commercial Bank (Uco Bank) Vs. the Banking and ors.

Court : Patna

..... that the action of the reserve bank of india in not taking any action against uco bank is also a pointer to the fact that reserve bank of india which exercises statutory power under the banking regulation act, 1949 did not take any steps to implement the award rather gave leave/liberty to uco bank to challenge it in a court of law. ..... the purpose of this is that reserve bank of india has power of superintendence over banks under the provisions of the banking regulation act, 1949 and if it finds that the award we appropriate then it can issue statutory directions for its implementation. ..... court as against the uco bank in respect of liability of the corporation towards godrej soap limited, it is for meeting this eventual liability that ucc bank exercised banker's lien as contemplated under section 171 of the contract act over money lying to the credit of the corporation in the savings account maintained in uco bank at patna and also over certain fixed deposits of the corporation with the uco bank.8. ..... it is well settled that for exercising banker's lien under section 171 of the contract act, no permission or consent is required from the account holder. ..... uco bank had suffered a decree and had statutory right to protect itself by exercising banker's lien in terms of section 171 of the contract act. .....