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Judgment Search Results Home > Cases Phrase: states reorganisation act 1956 section 76 land and goods Page 100 of about 28,633 results (0.621 seconds)

Nov 19 2015 (HC)

The State of Kerala rep. by Secretary, Forests and Wildlife Department ...

Court : Kerala

..... - (1) the travancore-cochin forest act, 1951 (iii of 1952) and the madras forest act, 1882 (v of 1882) and the madras wild elephants preservation act, 1873 (act i of 1873) as in force in the malabar district referred to in sub-section (2) of section 5 of the states reorganisation act, 1956, are hereby repealed. ..... learned senior advocate for the petitioner has contended in support of the writ petition that petitioner was running a tourist resort only in a part of the leased land and at best the state could have proceeded against that portion of the lease on which non-forest activity was carried on. ..... after enforcement of the 1980 act, the state governments were denuded of suo moto power to deal with reserved forest or forest land and permit use thereof for non forest purposes. ..... defaults they may be reported to the lessor from time to time by the conservator of forests to determine this lease and the lessees shall forthwith vacate the land hereby leased and demised and notwithstanding such determination of this lease be liable for any loss which the lessor may sustain by reason of such default and all such improvements made by the lessees on the land hereby leased and demised as exist at the time of vacating the same must be left in tact ..... the leases/renewal of leases otherwise are good. 38. in t.n. .....

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Feb 07 2022 (SC)

State Of A.p. Vs. A.p.state Wakf Board .

Court : Supreme Court of India

..... the elected chief minister held the office till the creation of the state of andhra pradesh on 1.11.1956 by the states reorganisation act, 1956, when the telugu-speaking region of the state of hyderabad was merged with andhra state, marathi speaking region of hyderabad state was merged with bombay state and kannada speaking region with the mysore state.9. ..... the compensation payable to the inamdar for the inams abolished under section 3 shall be the aggregate of the sums specified below:-- (i) in respect of inam lands registered in the name of the inamdar and kabiz-e-kadim under sections 4 and 5, a sum equal to twenty times the difference between land revenue and judi or quit- rent; (ii) in respect of income accruing to the inamdar from the lands registered in the names of his permanent tenant, protected tenant and non- protected tenant a sum equal to sixty per ..... natural justice are part of fair public administration; non-arbitrariness and absence of dis- crimination are hallmarks for good governance under rule of law, therefore, when the state, its delegated authority or an instrumentality of the state or any person acts under a statu- tory rule or by administrative discretion, when its actions or orders visit the citizen with civil consequences, fairness and justness require that in an appropriate case, the affected citi- zens must have an opportunity to meet the .....

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Apr 07 2022 (SC)

The State Of Haryana Through Secretary To Government Of Haryana Etc.et ...

Court : Supreme Court of India

..... when under the states reorganisation act, 1956 pepsu state merged in punjab state, the said pepsu act continued to operate in the area of erstwhile pepsu. ..... in the column of ownership as jumla mustarka malkan wa digar haqdaran hasab rasad arazi khewat and in the column of possession with the proprietors, shall not vest with the gram panchayat or the state government, as the case may be, on the dint of sub-section (6) of section 2(g) and the explanation appended thereto or any other provisions of the act of 1961 or the act of 1948; (iv) all such lands, which have been, as per the consolidations scheme, reserved for common purposes, whether utilised or not ..... with a view to curb this unnecessary and avoidable litigation as also keeping in view the common good and benefit of proprietors who had contributed land belonging to them for common purposes, we not only direct in this case that the concerned authorities under the act should redistribute the bachat land amongst the proprietors according to their shares but this exercise must be done throughout the states of punjab and haryana and villages forming part of union territory chandigarh. ..... the full bench has accepted the force of the legal maxim that the greater contains the less, referred to above but has not, it must be said with all respect, given any good reasons for departing from that well-established maxim. .....

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Mar 29 1982 (HC)

Mico Employees' Association Vs. State of Karnataka

Court : Karnataka

Reported in : ILR1986KAR3474; (1987)ILLJ300Kant

..... no conciliation proceedings took place on 23-7-1981 before the minister and even otherwise the minister was not authorised under the act and the rules thereunder to function as a state conciliation officer and he had no power to hold conciliation meetings under section 12(3) of the act; similarly, the third respondent-joint labour commissioner (hereinafter referred to as the jlc) had no authority to sign the settlement under section 12(3) of the act and rule 59 of the rules and he also had not applied his mind to the question whether the ..... regarding the allegation that the proceedings in the chambers of minister were not conciliation proceedings, they have stated that those proceedings were held in the minister's chambers with a view to make use of his good offices in arriving at the settlement and the petitioners also had attended such meetings in the minister's chambers earlier arid therefore the third respondent does not take the settlement out of the purview of section 12(3) of the act. ..... he more than once reminded the management of the need to expedite the reorganisation proposals ; when he was told that the direct talks between the labour union and the management had resulted in a deadlock, he took up the matter, had separate consultation with the management and the two labour unions. .....

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May 04 2001 (HC)

The C.B.i. (A.H.D.) Vs. Braj Bhushan Prasad and ors.

Court : Patna

..... in the twenty-three cases mentioned below, no part of occurrence has taken place within the territory of state of bihar and as such the same, in my view, shall stand transferred to the state of jharkhand in terms of the provisions contained in section 89(1) of the reorganisation act-(1) rc-21 (a)/96-pat (special case no. ..... the aforesaid view but there are difficulties in coming to the aforesaid conclusion for two reasons; firstly that with regard to the pending cases, specific provision has been made under section 89 of the bihar re-organisation act (for short the re-organisation act) and secondly that the observation has been made by the apex court in the order dated 13-12-2000 that the controversy as to whether these cases should be transferred or not is to be disposed of in terms ..... bench held that investigation of an offence was not a proceeding within the meaning of section 89(1) of the act and, therefore, the cases in the first category were not covered by section 89(1) of the act and it was cases only in the second category which were covered by section 89(1) of the act and the issue of transfer of those cases will abide by the decision of this full bench ..... the central administrative tribunal revisional proceedings under the land ceiling law before the board of revenue revisional proceedings under section 46 of the bihar finance act, revisional proceeding under section 8 read with section 89(c) of the bihar excise act, an appeal under section 43a of the wakf act, 1954, etc. .....

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Jan 22 2004 (HC)

Suresh Prasad Jaiswal and anr. Vs. State of Bihar and ors.

Court : Patna

..... , learned counsel for the petitioners, submitted that from bare reading of the complaint it would appear that the offence, if any, was complete at the factory premises at chirkunda in dhanbad district and, therefore, in terms of section 89 of the reorganisation act the case 'stands transferred' to the corresponding court at dhanbad where the case would have been instituted had the offence been committed after the appointed day i.e. ..... judicial magistrate, 1st class, patna to the corresponding court in the state of jharkhand in terms of section 89 of the reorganisation act.2. ..... case of the petitioners is that the alleged offence which is the subject matter of the aforesaid case, was exclusively committed, as per the complaint, at chirkunda in dhanbad district within the territory of jharkhand state and, as such, in terms of section 89 of the act the proceeding stands transferred to the corresponding court (at dhanbad) in the state of jharkhand. ..... the aforesaid case the allegation against the petitioners is that they failed to produce the records on demand by the insurance inspector at the time of inspection of the factory premises at chirkunda in dhanbad district and thereby committed offence under section 85(g) of the employees' state insurance act, 1948 (in short 'the insurance act').4. ..... part of the occurrence or transaction thus took place in territory falling in the state of divided bihar on the appointed day to take the case out of purview of section 89 of the reorganisation act.9. .....

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Feb 19 2003 (HC)

Hari Narayan Singh Vs. State of Jharkhand and ors.

Court : Jharkhand

Reported in : [2003(2)JCR417(Jhr)]

..... reported in 2001 (3) jcr page 155 (jhr) wherein it was held that under section 74 of the bihar re-organization act, 2000, a person who was holding or discharging duties of any post or office in connection with the existing state of bihar prior to november 15th, 2000 he will continue to hold the same post or office, in that successor-state under which the area falls and shall be deemed, on and from november 15th, 2000 to have been duly appointed to the post or office ..... issue, it is better to refer section 74 of the reorganization act, 2000 which reads as follows :--'provisions as to continuance of officers in same post--every person who, immediately before the appointed day is holding or discharging the duties of any post or officer in connection with the affairs of the existing state of bihar in any area which on that day falls within any of the successor states shall continue to hold the same post or office in that successor state, and shall be deemed, on and from that day ..... thus he submitted that the state of jharkhand by virtue of section 74 of the reorganization act is the appointing authority of the petitioner and not the state of bihar.12. .....

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Apr 21 1989 (SC)

Ramesh Birch and ors. Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Reported in : AIR1990SC560; JT1989(2)SC483; 1989Supp(1)SCC430; [1989]2SCR629

..... if it had been restricted to laws in force, as on the day the reorganisation act came into force, one could at least say that parliament could be attributed with a knowledge of the various provisions in existence in the various states, and to have decided, as a matter of policy, that anyone of them could be good enough for chandigarh and hence left it to the executive government to choose and extend any one of them for application to the territory. ..... as has been pointed out earlier, that decision clearly upheld the validity of section 7 of act i, section 2 of act ii and the first part of section 2 of act iii which did, in relation to delhi, ajmer-merwara and part c states, exactly that which has been done by section 87 in relation to chandigarh despite the fact that some of the judges struck a different line from r. v. ..... but, so far as the latter portion of the third act is concerned, no case was cited in which the right to repeal the existing laws of the land and substitute others for them has been upheld. ..... union of india : [1976]2scr785 narrates how the bengal finance (sales tax) act, 1941 extended to delhi under act iii was subsequently amended by parliament acts of 1956 and 1959 but was also sought to be modified by various notifications from time to time. ..... but, so far as the latter portion of the third act is concerned, no case was cited in which the right to repeal the existing laws of the land and substitute others for them has been upheld. .....

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Jul 02 2014 (HC)

V.N. Kotiya and Others Vs. The Administrator, Union Territory of Daman ...

Court : Mumbai

..... now, after careful consideration, a policy on the line of goa government, to allow all the benefits of reservations to the sc/st employees who migrated from other states/u.t.s of india has been formulated and it has been now ordered by the administrator, daman and diu and dadra and nagar haveli that the migrant sc/st employee who had already been appointed prior to 01.01.1990 will continue to enjoy all the benefits of the reservations as provided in the rules. ..... from the ministry of home affairs, government of india vide their letter dated 9th april 2001 which are reproduced as under: where a person belonging to sc/st in the state of his origin has migrated to another state after the date of notification of scs/sts in respect of the state to which he has migrated, he will not be entitled to carry the benefits and privileges of being a member of sc/st in the migrated state even if the same caste/tribe is included in the notification issued in respect of that ..... in para7 of the affidavit, the deponent contends that the government of india has notified a separate list of sc/st for daman and diu (ut) as in the case of other states, so any relaxation and concessions of reservation to migrant sc/st will be at the cost of the original resident sc/st of the union territory. ..... , goa, daman and diu reorganization act, 1987. ..... much prior to the passing of the reorganization act. .....

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Sep 15 2005 (HC)

Sukhdeo Oraon and ors. and Lal Bahadur Mishra and ors. Vs. State of Jh ...

Court : Jharkhand

Reported in : [2005(4)JCR469(Jhr)]

..... it has been made clear under section 73 of the act that the conditions of service applicable immediately before the appointed day in the case of any person deemed to have been allocated to the state of bihar or to the state jharkhand shall not be varied to his disadvantage except with the previous approval of the central ..... section 72 very categorically provides that every person who immediately before the appointed day is serving in connection with the affairs of the existing state of bihar shall, on and from that day provisionally continue to serve in connection with the affairs of the state of bihar unless he is required, by general or special order of the central government to serve provisionally in connection with the affairs of the state of ..... has not been disputed by the respondents in the counter affidavit that before the petitioners were allocated jharkhand cadre, they were duly considered for promotion in the bihar police service and after following the due process and procedure and with the approval of bihar public service commission, they were promoted to the bihar police service as dy. ..... for the aforesaid reason, these writ applications are allowed and the impugned order passed by the state of jharkhand posting the petitioners as inspector of police ..... 4 to post them on the post of deputy superintendent of police within the state of jharkhand consequent upon their having been allocated jharkhand cadre vide order dated 10.3.2005 and to pay their salary since march, 2005.2. .....

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