Court : Patna
..... submitted two points, 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 as such the ..... workers union, jamshedpur regarding the matter specified in annexure-a annexed thereto; 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 ..... quashing the notification dated march 27, 1997 issued under the signature of the under secretary to the government of bihar by which the respondents state of bihar has referred the dispute 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. ..... the stand of the respondent state, in brief, is that boc india ltd. ..... india ltd. ..... india ltd. .....
Tag this Judgment!Court : Patna
..... on behalf of defendant-petitioner-bank, strong reliance was placed in the case of united bank of india air 2000 sc 2957 (supra) for the proposition that in terms of sections 17 and 18 of the act, the jurisdiction of the civil court was barred and the courts were ..... case of united bank of india air 2000 sc 2957 (supra) has been considered in detail in the latter judgment and it has been held that a suit of the nature, with which we are dealing with, would be maintainable notwithstanding the provisions of sections 17, 18 and 19 of the debts recovery tribunal act.13. ..... set off and/or counter claim, the validity of proceedings before the tribunal and the law in this regard was challenged on the ground that the procedure was prima facie unreasonable inasmuch as the bank on one hand could recover its money in a summary proceeding before the debts recovery tribunal but if the debtor had a claim of set off and/or counter claim, it could not do ..... and subsisting on, and legally recoverable on, the date of the application;(g) 'debt' means any liability (inclusive of interest) which is alleged as due from any person by a bank or a financial institution or by a consortium of banks or financial institutions during the course of any business activity undertaken by the bank or the financial institution or the consortium under any law for the time being in force, in cash or otherwise, whether secured or unsecured, or whether payable under a ..... , the civil revision, it is now stated, was dismissed.7. .....
Tag this Judgment!Court : Patna
..... interpret the other does not apply in india, as clause (3) of this article clearly provides that where laws are passed in an indian language and translation into english, the authoritative version shall be the english one.in 1990 bbcj sc 55, it was held that where there is difference in hindi and english text of section 16 of the bihar buildings (lease, rent and eviction) control act, 1982, the hindi version will prevail. ..... paragraphs 10 and 11 that 'in terms of article 342(1) of the constitution of india only 'tribe or tribal community or groups within the tribes or tribal communities' can be declared as scheduled tribes in relation to the state of the union territory, as the case may be. ..... and proceeded on the premise as admitted by the counsel that 'lohar' was included in the act as 'lohars' in the second schedule as scheduled tribe, without verification form the act that 'lohars' were included in the second schedule, part iii applicable to bihar state and held that they were included as scheduled tribes.50. ..... doubt made incidental observation to the directive principles of state policy enshrined in article 38(2) of the constitution and said:article 38(2) of the constitution mandates the state to strive to minimise amongst others the inequalities in facilities ..... the significant question for consideration is as to whether the members of 'lohar' caste in the state of bihar, who are admittedly 'backward class' have right to claim the privileges available to the members of 'scheduled .....
Tag this Judgment!Court : Patna
..... , i find myself to be broadly in agreement with the conclusion reached by him, subject to following additional materials and observations in this group of petitions under article 226 of the constitution of india, questioning the legality, validity and constitutionality of sub-section (4) of section 23 of the bihar tenancy act, 1885 (act 8 of 1987) ('tenancy act'), which came to be incorporated by the bihar tenancy (amendment) act, 1993 (bihar act 21, 1993) and also, resultant provisions in the 'bihar rent refixation rules, 1995' ('rent rules of 1995') under ..... be heard and disposed of in accordance with the prescribed procedure.10 in view of submissions advanced on behalf of the petitioners for challenging the vires of section 23(4) as inserted by bihar act 21 of 1993 it is necessary to extract some of the relevant provisions of the act for ready reference-section 1(3) local extent - it shall extend to the who le of the state of bihar, except(a) the areas comprised within the district of north chotanagpur division, south chotanagpur division, palamau division and santhal parganas division; and(b) any .....
Tag this Judgment!Court : Patna
..... of approval by the supreme court in bihar chamber of commerce : [1996]2scr184 was actually the thin edge of the wedge and the finding in that decision that the bill (for the 1993 act) had received the assent of the president was taken by the state as licence to amend and change the act unrecognisably.7. the parent act was amended by the bihar tax on entry of goods into local areas for consumption/use or sale therein ( ..... learned advocate-general submitted that the petitioners' contention was quite fallacious and overlooked the fact that simultaneously with the amendment in the definition of 'entry of goods' a provision was introduced [vide second proviso to sub-section (2) of section 3] for giving credit for entry tax levied and collected towards the sales tax payable on the sale of goods ..... . the amending act changed the definition of 'entry of goods' by inserting the following proviso in section 2(c):provided that in case of such goods which arc 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 for consumption, use or sale therein.8 ..... . the consignment of crude oil imported from outside the territory of india is off-loaded from oil tankers and is transported to different refinery locations ..... . state of maharashtra [2004] 135 stc 25 and a single judge decision by the karnataka high court in syndicate bank v ..... . : [1955]1scr707 , (ii) deep chand v .....
Tag this Judgment!Court : Patna
..... 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. ..... it appears quite inappropriate for the state co-operative bank to indulge into indirect litigation and to use a writ petition filed by others to express its grievances against the action of the reserve bank of india.25. ..... he, however, submitted that large amounts of the bank were due against the state government, the government of india and the state co-operative bank and that was largely responsible for its very poor financial conditions.14. ..... in the order denying the licence, it is stated that the application was kept in abeyance in view of various deficiencies/irregularities observed in the functioning of the bank as revealed in the various inspections conducted by nabard under section 35 of the banking regulation act. ..... he submitted that the cooperative scheme for financing agriculture consisted of a three-tiered structure, at the apex of which was the state co-operative bank and at the bottom, the beneficiaries, the farmers, through the primary agricultural credit co-operative society. .....
Tag this Judgment!Court : Patna
..... /- on account of security by different bank guarantees renewed from time to time, issued by the state bank of india. ..... petitioner's further case is that a notification was issued on 23.6.1993 by the respondent board in exercise of powers under section 49 and 59 of the electricity supply act, 1948, whereby the board has again provided for security deposit as per clause 15.3 of the said tariff notification of 1993 ..... the respondents case is that the respondent board in exercise of powers-under section 49 of the act of 1948 framed general tariff for different categories of consumers which laid down terms and conitions for supply of electricity to various categories of ..... ' this court while answering the first two question categorically held that section 49 confers upon the board a wide power to regulate its tariff for the supply to all persons ..... bench of this court in its very elaborate and exhaustive judgment have gone into various questions formulated by it including' (a) whether sections 49 and 59 of the 1948 act are ultra vires the constitution of india? ..... this writ application, the petitioner seeks declaration that clause 15.3 (f) of the bihar state electricity board tariff notification dated 23.6.1993 is ultra vires to the provisions of sections 49 and 59 of the indian electricity act. ..... it may be true that the provisions of section 24 of the indian electricity act is not a substitute of but in addition to other modes of recovery provided for under the general law as also under the .....
Tag this Judgment!Court : Patna
..... state, while opposing the prayer for quashing the impugned order, has vehemently argued that the petitioner is a named accused in the first information report and while first information report was registered, it was registered for the offences under sections 409, 420, 478 and 471 of the indian penal code and sections 412 and 120 of the indian penal code and section 18 of the insecticides act ..... the petitioner that there is specific bar under section 31 of the act regarding prosecution for an offence under the act without written consent of the state government or a person authorized in his behalf by the state government. ..... counsel for the petitioner that in view of non-availability of either a report or an authorization strictly under section 31 of the act, the learned magistrate was required to discharge the petitioner. ..... in support of his submission that non-compliance of provision under section 31 of the act is sufficient to establish that prosecution is unauthorized and illegal, learned counsel for the petitioner has relied ..... that the prosecution of the petitioner under the provision of section 18 of the insecticides act (hereinafter to be referred to as `the act') is contrary to the provision contained in section 31 of the act. ..... so far as the plea of violation of section 31 of the insecticides act is concerned, the court is in agreement with the submission advanced by the learned additional public prosecutor that in the present case the basic allegation is that by way of hatching .....
Tag this Judgment!Court : Patna
..... the plea, which has been taken by learned senior counsel appearing on behalf of the petitioner that earlier same land was purchased from the complainant on payment of rs.16 lacs through annexure-2, photo copy of the bank drafts as well as photo copy of the sale deed, which has been annexed as annexure-3, are concerned, the court is of the opinion that it is not appropriate for this court to look into such documents unless those ..... sri yogesh chandra verma, learned senior counsel on the aforesaid facts has argued that the present case cannot be considered for commission of offence under section 138 of the n.i.act due to the reason that the complainant was not put to any loss until the agreement to sale was rescinded. ..... the said cheque was presented in uniion bank of india for its payment. ..... sri raj ballabh singh learned addl.public prosecutor appearing on behalf of the state even in absence of any representation on behalf of opp.party no.2 has vehemently opposed the prayer of the petitioners. ..... besides hearing learned counsel for the petitioner and the state, i have also perused the materials available on record. ..... it was submitted by learned addl.public prosecutor that sale of land was already complete and the complainant in his statement on oath has also stated that after receipt of the cheque of rs. .....
Tag this Judgment!Court : Patna
..... no provision has been made under the act either for levy of penalty or authorising the state government or any other delegated authority to make provision for imposing penalties in case of any specifiedcontravention of the provision of the act except under sub-section (3) of section 14 which provides that 'any rule made under sub-section (1) or (2) may provide that a contravention thereof shall be punishable with fine which may extend ..... union of india, reported in : [1990]1scr909 it has been stated as follows ..... union of india, reported in : [1970]1scr479 , the provisions of gold control act were struck down by the supreme court for similar ..... union of india, reported in : [1973]1scr896 , the supreme court held that the power to make subordinate legislation is derived from the enabling act and it is fundamental that the delegate on whom such a power is conferred has to act within the limits of authority conferred thereby. 24. ..... union of india, reported in : [1978]2scr621 , it has been held as ..... union of india reported in : [1978]2scr621 ; ..... aforementioned, rule 3b of the rules evidently, does not contain any guideline and confers an un-briddled and uncanalised power and, therefore, the same is violative of articles 14 and 246 of the constitution of india. 44. ..... un-briddled and unguided power in the matter of imposition of penalty without providing for issuance of a show cause notice and an opportunity of hearing and thus the said rule is ultra vires article 14 of the constitution of india. .....
Tag this Judgment!