Court : Patna
..... case no. 4 of 1989 (harish tara refractories pvt. ltd. and others) held that the amendment act 4 of 1974 by which any money payable to the state bank of india and other banks, specified therein were included within the list of public demand set out in schedule i of the act was not ultra-vires the constitution and was within the legislative ..... of the provisions of the bihar act 4 of 1974, by which, the bihar and orissa public demand recovery act was amended and any money payable to the state bank of india and other banks specified therein was included within the list of public demands set out in schedule 1 of the act, on the ground of lack of legislative competence of the ..... petitioners approached mis court mainly challenging the validity of the amendment of the act by act 4 of 1974 by which the money payable to the state bank of india and other banks was included in the list as public demand in schedule i to the act. after the apex court found that act 4 of 1974 was valid, the petitioners .....
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..... of rajasthan high court in case of dargah committee, ajmer v. smt. hamida banu and anr. reported in .6. learned counsel for respondent-opposite party no. 2, namely the state bank of india, submitted that only on technicality, a well considered and reasoned order of this court passed in the miscellaneous appeal should not be reversed, especially when learned counsel for the appellants .....
Tag this Judgment!Court : Patna
..... in respect of the disposal of his property, yet the restriction is a reasonable one and not repugnant to article 19 of the constitution of india.18. this decision states that it is a fallacious interpretation that reasonable restriction can only be made in the interest of scheduled tribes. any restriction which is reasonable ..... it may further be clarified that the mere fact that the impugned provisions does not directly affect the citizens of 'other states of the republic of india or even of the other divisions of the state of bihar itself, does not, in my opinion necessarily imply that the restrictions imposed thereunder are not in the interests ..... rich mineral resources of chota nagpur, particularly its mica and coal deposits, have attracted a large number of persons with ample resources from different parts of india with the primary object of exploiting those minerals. such persons are generally equipped with greater resources that the indigenous population; and in order to protect the .....
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..... the fitness of things if a committee is constituted, consisting of the official liquidator, the managing director of biscico and a senior officer of the central bank of india, to oversee the management of the company, without disturbing the status quo. in other words, while biscico will continue to retain the possession of the ..... 's dues and debts due to secured creditors, pari passu, with such workmen's dues, also contains a non obstante clause. in maharashtra tubes limited v. state industrial and investment corporation of maharashtra limited [1993] 78 comp cas 803 ; [1993] 2 scc 144, the supreme court held that where two acts contain non ..... necessary steps in accordance with the provisions of the companies act. an application (flag '11') was, thereafter, filed on behalf of opposite party no. 5, bihar state credit and investment corporation ltd. (biscico) on january 28, 1998, seeking modification of the aforementioned part of the order by which the official liquidator had been directed .....
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..... review no. 92 of 1998 (annexure-15 to the appeal). the appeal is dismissed with costs. the authorities of the dental council of india, the government of india, the state of bihar and the magadh university are directed to discharge their respective obligations arising out of order passed in the writ application within a period ..... by reason of the dentist (amendment) act, 1993 (annexure-14). the stipulations, inter alia, required the petitioners to obtain permission from state government and affiliation from university and furnishing performance bank guarantee of rs. 75 lacs. on the other hand, despite representations, no fruitful action was being taken by the ..... state government. the petitioners thus represented before the commissioner-cum-secretary, department of health, government of bihar, on 14.3.1996 (annexure-15 .....
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..... 2002 (3) pljr (sc) 110 in support of a proposition which is self evident from article 254(2) of the constitution of india that a if law made by the legislature of a state in respect of a matter enumerated in the concurrent list contains any provision repugnant to the provisions of earlier law made by the parliament then ..... rightly placed upon judgment of the supreme court in the case of indian aluminum company v. kerala state electricity board reported in : air 1975 sc 1967 and also in the case of pearless general finance and investment company ltd. v. reserve bank of india reported in : air 1992 sc 1033.12. the next issue raised by the learned counsel for ..... the writ court has rightly held that in the light of provisions of article 254 of the constitution of india, once in a matter under concurrent list there is a later central legislation contrary to the provisions of the state legislation on the same subject, the central legislation shall prevail.10. so far as issue of repugnancy or .....
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..... of 2004 arises out of an order passed in c.w.j.c. no. 10756 of 2002. 4. admitted fact is that the appellant; a partnership firm, approached the state bank of india for grant of loan in the year 1995 for construction of hotel-cum-shopping complex with the total project cost of rs. 33. 13 lacs. the zonal office of the ..... writ applications were filed before the learned single judge. c.w.j.c. no. 10756 of 2002 was filed by the appellant m/s. durga hotel complex against the respondent state bank of india to carry out the directions given by the banking ombudsman by his order dated 30th march. 2002. c.w.j.c. no. 1882 of 2003 was filed by the respondent ..... state bank of india challenging the aforesaid award. 3. learned single judge heard both the matters together and dismissed the writ application filed by the appellant and allowed the writ application filed by the bank. l.p.a. no. 313 of 2004 arises out of an order passed in c .....
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Navaniti Prasad Singh, J.1. The present application has been filed by the plaintiff-petitioner whose application under Order 6, Rule 17 read with Section 151 of CPC for amendment of plaint seeking additional relief has been rejected by the trial Court. The opposite party, pursuant to notice, has appeared and resisted the application. With consent of parties, this application is being heard and disposed of at the stage of admission itself.2. On behalf of plaintiffs-petitioners, it is submitted that they had filed a suit for declaration of title over Schedule II lands and for a further declaration that the order dated 18-11-1991 passed by the Anchal Adhikari and that passed by the OCLR had no binding effect on the title and possession of the plaintiffs. By the amendment what was sought for was a declaration that the plaintiffs were in possession and confirmation of their possession over the suit lands. The trial Court rejected the amendment application on two grounds firstly that the re...
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..... provisions of the contract labour (regulation and abolition) act, 1970 and to enforce and implement the notification, dated february 17, 1993 (annexure-8), issued by the state government. the respondents, particularly respondent 4 is further directed to abolish contract labour system and regularise the services of the members of the petitioner-union working in the ..... employment as direct, and resultantly, a direct employee. this aspect of the matter has been dealt with great lucidity, by one of us (majmudar, j.), in air india statutory corporation v. united labour union (supra).' 27. in the instant case, as noticed above, there is a separate scrap yard existing in thefactory premises of the ..... the workmen become the employee of the principal employer. the object and scope of the act has been thoroughly discussed by the apex court in the case of air india statutory corporation v. united labour union, (supra), their lordships observed, in para 10 at 1997-i-llj-1113 at 1122: '10. the act is a .....
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..... goods:(i) into a local area from any place outside such area,(ii) into a local area from any place outside the state,(iii) into a local area from any place outside the territory of india, for consumption, use or sale therein.20. it extended the provision for adjustment of entry tax against the sales tax liability that ..... that it was quite fallacious to contend that after the amendment in 2001, the act had become discriminatory in regard to the scheduled goods coming from outside the state and stated that the submission was unsustainable both on facts and in law. he finally submitted that following the amendments of july, 2006, the levy under the act ..... he also relied on a bench decision of the bombay high court in eurotex industries and exports ltd. v. state of maharashtra [2004] 135 stc 25 and a single judge decision by the karnataka high court in syndicate bank v. state of karnataka [2000] 119 stc 155.51. in reply, the learned advocate-general submitted that the petitioners' contention .....
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