Court : Patna
..... present case so far as it involves the question as to whether the petitioners should have obtained declaration under section 48-e of the act before filing application under section 48-d would appears to be covered by the abovesaid decision of this court.4. ..... cases of dilip goswami and others were also remitted back for fresh decision after setting aright the error regarding maintainability of the proceeding under section 48-d of the act without filing any application under section 48-e and seeking adjudication thereunder.6. ..... consideration of authorities on the point the court held as follows :-- 'we have observed above that the provisions of sections 48-c and 48-d on the one hand and section 48-e on the other hand deal with different subjects. ..... writ petition arises from a proceeding under section 48-d of the bihar tenancy act ('the act' for short). ..... in terms of section 48-d read with section 48-c of the act, having remained in possession for more than 12 years they acquired right of occupancy in the land in question and, accordingly they are entitled to declaration of their raiyati ..... sub-divisional officer, inter alia, held that should the petitioners so desire, to prove their possession over the land in question, they may file application under section 48-e of the act whereafter alone they would be entitled to claim status of kayami raiyat under section 48-d. ..... 732 of 1955 was filed against the petitioners' father for declaration that he was not sikmidar of the disputed land, which was .....
Tag this Judgment!Court : Patna
..... it is brought to the notice of the district electoral officers by march 18, 2001 (and not later than that date), that hundred or more electors whose names appear in the electoral rolls for the last election to the state legislative assembly constituency are missing from the voters' lists prepared and finalised for the coming panchayat elections, the concerned district electoral officer will take immediate steps for publication of supplementary voters ..... on 3-2-2001 the governor issued the notification under section 136a of the act fixing the election schedule and the issuance of the notification put the matter of any amendment or correction in the electoral rolls beyond the powers of the state election commission as provided in the second proviso to section 137a of the act. ..... then rule 2 (da) of the election rules, 1955 defines voters' list to mean the voters' list prepared under section 137a of the act and rule 21 also provides for preparation of the voters' list u/s. ..... union of india, reported in (1996) 1 pat ljr 261- against the decision of this court, the state went in appeal before the supreme court and used it as a pretext to appear to have forgotten all about holding the elections. ..... union of india, (2000) 4 pat 1 ljr 819. ..... on the basis of the supreme court decision in the election commission of india. ..... he finally brought to my notice a recent deci-sion of the supreme court in election commission of india v. .....
Tag this Judgment!Court : Patna
..... the order dated 26.6.96 passed by the second additional district judge, jamshedpur in an application under section 24 of the hindu marriage act, 1955 in matrimonial suit no. ..... 1989 delhi 10, in which a learned single judge of the delhi high court has considered the scope of section 24 read with section 26 of the act and laid down the following principles for the purpose:-(1) position and status of the parties;(2) reasonable wants of the claimant (towards food, clothing, shelter, medical attendance and treatment, education and the like);(3) ..... this case under section 36 of divorce act, some what similar view is of the gujarat high court in 1986 (1) all india hindu law reporter 426. in a.i.r. ..... a rejoinder was filed to this petition by the husband contenting the claim of the wife stating that as inspite of court's order she did not file documents and written statement till the filing of the application under section 24, the said petition could not have been considered by the court at that stage. ..... regarding financial background, case of the husband is that apart working in jamshedpur blood bank, the wife has a lucrative private practice from which she earns lot of money. ..... his lordship has also considered that courts in india, while dealing with the question of maintenance pendete lite to hindu wives have generally followed the one third rule in case of low income.15. ..... reported in 1986 (1) all india hindu law reporter 426.6. .....
Tag this Judgment!Court : Patna
..... sinha on the question that in the case of the state bank of india the applicability of the provision of the shops act has been excluded by schedule under section 4 (2) of the shops act. ..... the state bank of india is a, creature of an act known as state bank of india act and thus, it is an autonomous body and cannot be said to be an office under the central government. ..... in this writ application the petitioners are state bank of india and its officers on the management side, who have assailed the validity of the order dated december 21, 1982 passed by the assistant commissioner, patna-cum-authority under the bihar shops and establishments act (hereinafter referred to as 'the shops act') (respondent no. ..... according to him, the state bank of india being an office under the central government is exempted from applicability of the provisions of the shops act as per item no. ..... 3 being not by way of punishment penalty and being permissible under the provisions contained in sub-rule (1) (b) read with sub-section (7) of rule 18 of the bihar shops and establishment rules, 1955 the provisions of section 28 of the shops act shall not at all be attracted as it only provides for entertaining claim where deductions have been made from the wages of the employees or any payment of wages has been delayed and any sum is otherwise due .....
Tag this Judgment!Court : Patna
..... authority without any guideline to seize, confiscate the goods transported within the state of bihar and to impose penalty to the extent of three times of the amount of tax calculated on the value of the goods, for contravention of sub-section (2a) of section 31 of the act and is therefore hit by article 14 of the constitution of india.the other common grounds urged in these petitions are:(a) sub-section (2b) and sub-section (3) of section 31 of the act confers as arbitrary power without any guidelines on the prescribed authority under the ..... provisions of the act to seize, confiscate the goods with the carrier transported within the state of bihar and to impose penalty to the extent of three times of the .....
Tag this Judgment!Court : Patna
..... immovable and moveable assets in possession of administrator or special officer, as the case may be, shall remain in their possession for and on behalf of the state government, and clause (v) of section 4 of the repeal act provides that the state government may issue such direction, order, instructions as is deemed necessary and expedient to maintain security and safety of assets or to prevent any kind of ..... section 107 of the government of india act, 1935, a precursor of article 254 of the constitution which provided that if any provision of a provincial law is repugnant to any provision of a federal law, which the federal legislature is competent to enact, or to any provision of an existing indian law with respect to one of the matters enumerated in the concurrent legislative list, then, subject to the provisions of section 107, ..... a law is necessarily required to be followed for repealing that law and, since for enacting the law, the prior assent of the president was required, for enacting repealing act also, prior assent of the president required to be obtained as a mandatory pre-requisite before the law could be enacted.the argument appears to be facile and fascinating but ..... of repeal, since it does not result in imposition of any restrictions on free movement of trade, commerce or interaction within the territory of india only but rather aimed at lifting such restrictions, the question of putting the bill before introducing in the legislative assembly for the assent of ..... 1955 .....
Tag this Judgment!Court : Patna
..... to a servant of the government or any local authority, in respect of which the person liable to pay the same has agreed, by a written instrument, that it shall be recoverable as a public demand.similarly clause 15 provides that any money payable to: (i) state bank of india constituted under the state bank of india act, 1955 (no. ..... counsel appearing for the bihar agricultural produce market committee in his counter affidavit has stated that under section 43 of the agricultural produce market act, dues of market committee can be recovered as public demand. ..... petitioners' further case is that, without any notice, the secretary, market committee, filed requisition under section 5 of the bihar and orissa public demand recovery act for realisation of arrears of monthly rent for the godown allotted to the petitioners for the period 10.5.1986 to november, 1997. ..... another objection which was raised by the petitioner is that under section 17 of the agricultural produce market act, market committee is a 'body corporate' and not the 'state'. ..... in the counter affidavit it has specifically been stated that the demand relates to the period 10.5.86 to august, 1988 and september, 1988 to november, 1997, section 65 sub-section (2) of the p.d.r. ..... i find that the statements made in the counter affidavit that rental dues comes within section 43 of the act, as such clause -4 schedule -i of the p.d.r. .....
Tag this Judgment!Court : Patna
..... to-(i) state bank of india constituted under the state bank of india act, 1955 (no. ..... counter affidavit is that the certificate proceeding has been initiated for recovery of the amount in terms of the award given by the arbitrator appointed under section 7b of the indian telegraph act by the order of the district consumer forum and, as such, the proceeding cannot be said to be illegal. ..... been brought to my notice which declares that the money covered under the award of an arbitrator appointed under section 7b of the indian telegraph act shall be demand or public demand or is recoverable as arrears of a demand or public demand. ..... so long the award of the arbitrator appointed under section 7b of the indian telegraph act is not made a public demand by any law, merely the fact that the award has been 'rendered by the arbitrator appointed under section 7b of the indian telegraph act, shall not make it as a public demand fit to be recovered under the act. ..... aforesaid requisition, the certificate officer signed the certificate as provided under section 6 of the act and issued notice (annexure 1) to the petitioner along-with the certificate as provided under section 7 of the act. ..... by its order dated 6th of august, 1998 directed the competent authority to appoint an arbitrator under section 7b of the indian telegraph act for adjudication of the dispute. ..... (2) the award of the arbitrator appointed under sub-section (1) shall be conclusive between the parties to the dispute and shall not be questioned .....
Tag this Judgment!Court : Patna
..... on 21-5.1993, this has held that the state bank of india is not a 'local authority' within the meaning of section 159 of the representation of people act. 10. ..... operative bank evidently is not also a 'local authority' within the meaning of section 3(31) of the general clauses act.in stale bank of india, ..... according to the petitioner the bank also does not receive any aid from the central government, state government or any local authority and thus the provisions of section 79 of the said act cannot have any application ..... this being the petition in law, evidently the provisions of section 79 of the said act cannot be said to have any application whatsoever in the ..... the writ application has stated as follows :that it is stated that central co-operative bank ltd, rajgir where the petitioner works as peon does not receive any aid from the government and as such the petitioner cannot be disqualified as up-mukhiya an account of being a employee of this co-operative society carrying on the business of the banking.6. mr. ..... reason of the impugned order, the district magistrate had found that he cannot function as a mukhiya in view of section 79 of the said act, which reads as follows :-79. ..... against an order dated 26-2-1993 passed by the district magistrate, nalanda whereby and whereunder the petitioner has been declared unfit to discharge his functions up-mukhiya purported to be in terms of the provisions of section 79 of the bihar panchayat raj act (hereinafter referred to as 'the said act').2. .....
Tag this Judgment!Court : Patna
..... 1995 to december, 1995 were not available, as they had been sent to the accountant general, information was collected from the state bank of india and it appeared from the information so collected that a payment of rs. ..... case he can formally be arrested regarding his involvement in the different case and associate him with the investigation of that other case and the magistrate can act as provided under section 167(2) and the proviso and can remand him to such custody as mentioned therein during the first period of fifteen days and thereafter in accordance with the proviso as discussed above. ..... if it is found that the two cases are in reality the same and relate to the same occurrence, the remand order must be quashed as being without jurisdiction since section 167(2) of the code of criminal procedure does not permit any further remand, if the investigating agency fails to file a charge-sheet within the statutory period of 90 days, 12. ..... counsel for the c.b.i, submitted that the ratio of the aforesaid judgment of the supreme court is that the magistrate under section 167(2) cr.pc authorise the detention of the accused in such custody as he thinks fit, but it should not exceed 15 days in the whole and that after the expiry of the first 15 ..... , because counsel for the parties could not dispute that, in any event, this court has jurisdiction under section 482 of the code of criminal procedure to quash the impugned orders if they were contrary to the provisions of the constitution as .....
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