Court : Patna
..... by the chief judicial magistrate, patna and the order dated 9.12.2005 passed by the sub-divisional judicial magistrate, patna whereby the learned sub-divisional judicial magistrate has taken cognizance of the offence under sections 116, 420, 166 and 167 of the indian penal code and section 15 of the environment (protection) act, 1986 (in short, 'the act') and summoned the petitioners for facing trial for the abovesaid offences.2. ..... from the wordings of section 19 of the act it is clear that the section is mandatory and it lays down that a private person aggrieved by any action of the officers appointed under the act is not entitled to file complaint before any court unless he has given notice of such complaint to the central government or to the proper authority 60 days prior to filing of the complaint.7 ..... thus, section 18 of the act debars the court from taking any legal action against the officers / employees appointed under the act in respect of anything done in good faith in pursuance of the act. ..... section 18 of the act lays down that no suit, prosecution or other legal proceeding shall lie against the officers and employees appointed by the government in respect of anything which is done or intended to be done in good faith in pursuance of this act or rules made or directions issued under the act. ..... submitted that under the provisions of section 19 of the act, the learned sub-divisional judicial magistrate was not empowered to take cognizance under the act on a private complaint. .....
Tag this Judgment!Court : Patna
..... with both the states, it cannot be said that this court does not have jurisdiction more so when the right given to the petitioning-company under section 65 of the said act to continue to function in the areas in which it was functioning immediately before the appointed day, until otherwise provided for in any law, or in any agreement among the successor states, or any direction issued by the central government has been sought to be interfered with by the impugned ..... it is stated that the bare perusal of the provisions of the act clearly show that the state government has been conferred with all powers for regulating and conducting the business of kendu leaves and under section 4 the government may appoint agent for the purpose of purchase and sale of kendu leaves on its behalf. ..... learned counsel for the petitioner contended that in view of the provisions contained in sections 65 and 66 of the reorganisation act, the state of jharkhand has no authority to pass the impugned resolution (annexure 8) creating jharkhand state forest development corporation limited until the division of interests and shares of existing state of bihar in the company among the successor states is complete or the central government issues directions under sub-section (1) of section 65, which admittedly has not been done. .....
Tag this Judgment!Court : Patna
..... the question whether an appeal is maintainable against an order passed under sub-section (10) of section 48e of the bihar tenancy act, was not for consideration and neither any argument was advanced by the party on this issue. ..... under section 48f of the bihar tenancy act the collector of the district as well as any officer specially empowered by the state government by notification has been authorised to hear an appeal preferred against an order passed under sub-sections (7) and (8) of section 48e of the bihar tenancy act. ..... (2) the collector of the district may, at any time, transfer any appeal filed before him to any officer specially empowered under clause (i) of sub-section (1) to hear such appeals, or withdraw any appeal pending before any officer so empowered, and either hear such appeal himself or transfer it for disposal to any other officer so empowered. ..... (i) if such order is passed by an officer other than the collector of a district, to the collector of the district or to any officer specially empowered by the state government by notification to hear such appeals, and,(ii) if such order is passed by the collector of a district, to the prescribed authority. ..... as much it must be held to have rendered per incuriam inasmuch as it is the case the special bench did not consider the scope, effect and purport of sections 4(b), 4(c) and 37 of the act. .....
Tag this Judgment!Court : Patna
..... of goods' with all its grammatical variations and cognate expressions means entry of goods into a local area from any place outside that local area or any place outside the state for consumption use, or sale therein : provided that in case of such goods which are liable to tax under section 12(1) of the bihar finance act, 1981, entry of goods shall mean entry of goods into local area from any place outside the state ..... the only amendment, which is of relevance, is proviso to section 2(c) of the act, according to which, if the scheduled goods are liable to tax under section 12(1) of the bihar finance act, in that case the entry of the goods into a local area for the purposes mentioned therein will be liable to tax only when they are brought into local area from outside the ..... learned counsel appearing for the state combated all the three submissions and submitted that the local areas have been defined under section 2(f) of the act and once the goods are brought from one local area to the other local area even in the state of bihar for the purpose of consumption, use or sale therein, section 3, which is charging section, is attracted and the dealer will be liable to pay ..... anything contained in sub-sections (1) and (2) of this section and subject to the provisions of this act there shall be levied and collected a tax on the entry of any motor vehicle into any local area for use or sale therein which is liable for registration in the state under the motor vehicles act, 1988. .....
Tag this Judgment!Court : Patna
..... the learned single judge held that in view of the provisions contained under sections 84 and 85 of the act read with section 2 (f) of the act unless the jharkhand state adapts laws or modify the law by repeal or amendment, the law applicable in the state of bihar will continue to be applied in the entire territory including the territories falling under the state of jharkhand for a period of two years from the appointed day and till that time, law made by the ..... 4 holding that the petitioner is liable to pay sales-tax after 15-11-2000 on sale of goods earlier exempted by exemption certificate dated 20-12-1995 granted in favour of it under section 7 (3)(b) of the bihar finance act in terms of the industrial policy of the state for a period from 1-4-1998 to 31 -3-2007 and directed it to make the payment of sales-tax on a date specified in the order. ..... the petitioner has filed the present writ application forquashing the order dated 20th november, 2001 passed by the assistant commissioner, commercial taxes incharge, patna special circle, patna, respondent no. .....
Tag this Judgment!Court : Patna
..... but as stated above, the inclusion of agricultural produce in the schedule of the act itself does not bring the aforesaid agricultural produce within the sweep of the act for the purpose of licence and levying fees unless steps are taken under sections 3 and 4 of the act and a notification is issued under section 4 of the act with regard to agricultural produce included in the schedule with regard to specified market area or areas ..... he further submitted that once the article is included in the schedule of the act in exercise of power under section 39 of the act as agricultural produce it is subjected to regulatory procedure under the provisions of the act and fees are leviable even if the procedure under sections 3 and 4 has not been followed, specially when ' in this case the procedure under sections 3 and 4 has already been followed with regard to milk.23. ..... stand of the petitioner is that the milk and milk product, order, 1992 issued by the central government in exercise of power under section 3 of the essential commodities act covers the field with regard to milk and milk product and in that view of the matter the general provisions of the market act will get excluded and superseded by the special provision of the control order.62. ..... in view of the special provisions of the milk and milk product order 1992, made by the central government in exercise of power under section 3 of the essential commodities act, the act in question has to give way to the aforesaid special provision. .....
Tag this Judgment!Court : Patna
..... made to the state government to cancel the migration/transfer, failing which the council will consider desirability of recommending to the central government for withdrawal of recognition of the medical college concerned, as required under section 19 of the indian medical council act, 1956 (hereinafter referred to as the act), it was candidly pointed out in the said letter that according to rules, migration/transfer from one recognised medical college to another ..... relating to migration/transfer cannot be said to have been incorporated in exercise of powers conferred under section 33 of the act; as such, it cannot be said that the same has got any statutory force and consequentially in case, there is any violation of the regulations, it would not invalidate the order of migration/ transfer issued by the state government specially when the same can be treated to have been issued by the state government in exercise ..... that in case the second professional examination has already been conducted in the medical colleges concerned, which fall within the magadh university, as asserted by them, special examination of second year is to be held with regard to those appellants, but, in case examination has not been held, the said direction will not ..... have no difficulty in holding that in the case in hand, the state government had absolutely no power to pass order of migration/transfer of 26 students by its notification dated 11-7-1998 specially when approval of the council was never taken.31. .....
Tag this Judgment!Court : Patna
..... proving his debt, opts to realise his security,--(a) the liquidator shall be entitled to represent the workmen and enforce such charge ; (b) any amount realised by the liquidator by way of enforcement of such charge shall be applied rateably for the discharge of workmen's dues ; and (c) so much of the debt due to such secured creditor as could not be realised by him by virtue of the foregoing provisions of the proviso or the amount of the workmen's portion ..... notwithstanding the winding up order, the biscico, as a financial institution established under section 3 of the state financial corporations act, 1951, is entitled to take over the management of an industrial concern under section 29 of the act and also entitled to take steps for the sale of its assets for realisation of its dues. ..... pawan kumar, learned counsel for the biscico appearing in support of the application, submitted that the biscico had taken charge of the assets of the company in exercise of its statutory powers under section 29 of the state financial corporations act, 1951 ('sfc act', for short), after long contest on october 15, 1996, that is, much prior to ..... 10 ; [1994] 81 comp cas 872 (raj) in which the rajasthan high court held that the provisions of the sfc act being special act, shall prevail over the companies act, which is a general act. ..... held that the corporation being a secured creditor and the provisions of the sfc act, being the special one, would prevail over the provisions of the companies act. 8. .....
Tag this Judgment!Court : Patna
..... rule 106 of the rules specifically provide that no election shall be called in question except by an election petition as prescribed under the said section and rule whereas section 139 of the act provides the grounds for declaring election to be void in which sub-section (1)(d)(iii) provides that if the result of the election in so far as it concerns a returned candidate has been materially affected by improper reception, refusal or rejection of any vote, which is ..... 226 of the constitution of india and furthermore articles 243o or 329(b) are normal constitutional provisions under ideal situations, but the constitutional authorities acting in chaotic situation and in absolutely perverse and arbitrary manner violating the constitutional provision infringing such an important right of the citizens are extraordinary situations in which special power of the high court under article 226 of the constitution of india has to be exercised. ..... rubber swastik marks on the ends were supplied by the state election commission (hereinafter referred to as 'the commission' for the sake of brevity) to all the booths for the use of voters for marking the ballots, but at many booths the rubber containing swastik mark got detached and the polling officers of such booths allowed the voters to use the wooden portion of the said stamps for marking ..... however, the commission having been satisfied that the rubber marks got detached from the wooden portions due to substandard materials used by the supplier, got .....
Tag this Judgment!Court : Patna
..... 18), which was located on the ground floor of the building, where one woman and two children were mercilessly killed; (ii) the bottle and the glasses, which were used for taking of alcohol, had been recovered at the instance of the accused mukesh; (iii) the informant and p.w.1 had seen both, upendra and mukesh, going away with a silver plate and blue colour bag ..... strength of materials produced on behalf of the prosecution, learned additional public prosecutor submits that the charges, under sections 302/34, 394/34 and 411 of the indian penal code, have been brought home against the appellants. ..... following their conviction under section 392 of the indian penal code, both the appellants are hereby sentenced to suffer rigorous imprisonment for a period of two years and fine of rs.3,000/- (three thousand) each, and, in default of payment of fine, suffer rigorous imprisonment for a period of three ..... the learned additional public prosecutor rightly not relied upon the confessional statement save and except on that part of the confession, which led to the recovery of the looted articles, being admissible under section 27 of the evidence act. 65. ..... is the employer of the two employees, has not alleged any past act of misconduct against them. 70. ..... be brushed aside; more so, when there is no allegation that items were shown to the witnesses prior to their participation in the test identification parade and that the conducting officer, namely, circle officer, patna, (p.w.14) acted unfairly. .....
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