Judgment Search Results Home > Cases Phrase: the kerala womens commission amendment act 2002 1 Court: patna Page 1 of about 37 results (0.164 seconds)

Bihar Sugar Mills Association and ors. Etc. Etc. Vs. the State of Biha ...

Court : Patna

Reported in : AIR2010Pat29,2010(58)BLJR175

..... while the matters stood thus, the act was amended by the bihar electricity duty (amendment) act, 2002, whereby the schedule was deleted and section 3(1) was amended. ..... since the amendment and the notifications are found to be inoperative, it is obvious that the duty will be payable as per the schedule which was in vogue by virtue of the bihar electricity duty (amendment) act, 1993.20 all the writ petitions are allowed, to the extent indicated above. ..... obligation to keep books of account and to submit returns: every licensee, and every other person, who is liable to pay duty under sub-section (4) or (4a) of section 4, shall--(a) keep books of account in the prescribed forms; and (b) submit returns in such form and at such times and to such officers as may be prescribed.1.4 the schedule, which was specified in the original act, was subsequently amended by virtue of the bihar electricity duty (amendment) act, 1993 (act 15 of 1993). ..... it is well known that while fixing tariff, the board or the regulatory commission fixes different tariff for different categories of consumers. ..... state of kerala : air 1957 sc 657, the constitution bench of the supreme court observed thus:29. .....

Hod Sanwata Legchar Semlet (Hor Samaj and Sanskritik Samiti) and ors. ...

Court : Patna

..... they have filed the present writ application for declaring the bihar reservation of vacancies in post and services for scheduled castes, schedule tribes and other backward classes) amendment act, 2002 (bihar act 17 of 2002) (hereinafter referred to as 'the amendment act') (annexure-4 to the writ application) as ultra vires of the constitution and for quashing the resolution contained in memo no. ..... 456 dated 30.9.2002 (annexure-5 to the writ application), making the same percentage of reservation as prescribed in the amendment act applicable with regard to the admissions in the educational institutions also.2. ..... though the vires of the provision of the amendment act has been challenged on different grounds as stated above, but the primal question raised by the learned counsel for the petitioners is that the reservation on the basis of the population is bad. ..... in our view, non-consultation will not make the provision ultra vires or ineffective, on the other hand, it gives right to the scheduled castes and scheduled tribes to complain before the commission and the commission to enquire into the matter and take steps as provided in the said provision.12. ..... 3% reservation was also given to the women of backward classes alone instead of economically backward women as was earmarked earlier in 1992 act (annexure-1). ..... it is further stated that the benefit of reservation of 3% to women of backward classes is also available to women of other backward classes, including the scheduled' tribes.6. .....

Mahesh Jha, Vs. the State of Bihar and ors.

Court : Patna

..... this court in indra sawhney's case (1992 air scw 3682 : air 1993 sc 477: 1993 lab ic 129) has held that no such reservation is permissible in the promotional posts and to get over the said decision article 16(4a) has been inserted by the constitution (seventy seventh amendment) act. ..... , presided over by a member of the commission, held on 23.6.1990 and 25.6.1990, approving the quota and was acted upon, annexure-h to the supplementary counter affidavit of the official respondents is a photo copy of the minutes of the d.p.c. ..... ') at its meeting held on 26.12.2001 (annexure-5) considered the cases of promotion of the eligible candidates as per schedule-iv and in accordance with the proportion so determined by the state government with the concurrence of the bihar public service commission, resolved to promote them to b.i.s. ..... , presided over by a member of the commission, held on 13.4.2002, and had adopted the same yardstick. ..... the quota fixed by the department with the approval of the commission supplements the rules and in no way supplants any provision, and does not derogate from, rule-11(c). ..... the proportion so fixed by the authorities in consultation with the commission has been consistently acted upon and should not be disturbed. ..... high court of kerala and ors. ..... high court of kerala and ors. ). .....

Mapra Laboratories Pvt. Ltd. Vs. State of Bihar and ors.

Court : Patna

..... the petitioner has filed the present writ application for quashing the assessment order dated january 23, 2003, passed, under section 17 of the bihar finance act, 1981 (hereinafter referred to as 'the act') and the demand notice issued pursuant, to the said order for the assessment year 2001-2002, so far as it relates to the ..... , of goods being food or any drink whether or not intoxicating ;and such transfer, delivery or supply of any goods shall be deemed to be a sale of those goods by the person making the transfer, delivery or supply, and all grammatical variations and cognate expressions shall be construed accordingly ;and 'purchase' means such acquisition of property in goods or purchase of those goods ..... (i) transfer of property in any goods, otherwise than in pursuance of a contract ;(ii) transfer of property in goods (whether as goods or in some other form) involved in the execution of a works contract ;(iii) delivery of goods on hire-purchase or any system of payment by instalments ;(iv) transfer of the right to use any goods for any purpose (whether or not for a specified period) ;(v) supply of goods made by a society, trust, club or association whether incorporated ..... the said provision was amended in 1984 and the definition of sale was enlarged in view of the definition of 'tax on the sale or purchase of goods', inserted as clause (29a) of article 366 of the constitution of india by the forty-sixth amendment ..... the provisions of the kerala general sales tax act ..... kerala ..... kerala .....

Syed Welayat HussaIn and ors. Etc. Vs. State of Bihar and ors.

Court : Patna

..... hand, submitted that from a conjoint reading of the provisions of sections 19a, 20 and 33 (j) and (k) of the act, it would appear that the medical council has been conferred with a wide power to take regulatory measures with regard to the excellence of medical education in india, according to the learned counsel medical council of india had to be conferred with the powers in terms of sections 10a, 10b and 10c of the amendment act with a view to co-ordinate amongst the different states the standard of education in medical colleges inasmuch as different standards ..... but it is not necessary for us to deal with this aspect of the matter inasmuch as in unni krishnan's case (air 1993 sc 2178) itself the supreme court upon taking into consideration the provisions of university grants commission act, indian medical council act, all india council for teachnical education act, 1987 as also indian medical council (amendment) ordinance, 1992 with which we are concerned in this case, held (at pp. ..... they may be institutions intended to give the children of the minorities the best general and professional education to make them complete men and women of the country and to enable them to go out into the world fully prepared and equipped. ..... learned counsel in support of this contention has relied upon a decision in in re the kerala education bill 1957, air 1958 sc 956. .....

The State of Bihar and ors. Vs. Pratappur Sugar and Industries Limited ...

Court : Patna

..... the reasoning given is that unless a notification determining the share of council and the co-operative societies is determined, notification issued under section 48(1) will not be sufficient.31 recording to section 48 prior to amendment by act ii of 1994, sub-section (1) of section 48 of the act fixed the rate of commission and provided that the manner of payment of commission has to be prescribed by the notification. ..... 1552 of 2002 and other analogous cases on five grounds namely, (i) there being no publication in the official gazette as per section 48 (1) of the act, the said notification is invalid in the eye of law; (ii) rule 35 of the bihar sugarcane (regulation of supply and purchase) rules, 1978 (hereinafter referred to as the rules) not having been amended, the notification under section 48(1) of the act is unworkable, hence no demand can be made from the sugar factory on the basis of such notification; (iii) there is lack of quid pro quo and as such the enhancement of commission is arbitrary and cannot ..... state of kerala : [1982]1scr519 and municipal corporation of delhi v. .....

Delhi Cloth and General Mills Co. Ltd. and ors. Vs. the Agricultural P ...

Court : Patna

..... sales of motor spirit, diesel oil and alcohol taxation (amendment) act, 1976, which was declared to be null and void by the high court of allahabad in so far as it purported to levy purchase tax on industrial alcohol. ..... , if any, fixed under this section or by or under any other law for the time being in force for such grade or variety of foodgrains, edible oilseeds or edible oils;(b) the general crop prospects;(c) the need for making such grade or variety of foodgrains, edible oilseeds or edible oils available at reasonable prices to the consumers, particularly the vulnerable sections of the consumers; and(d) the recommendations, if any, of the agricultural prices commission with regard to the price of the concerned grade or variety of foodgrains, edible oilseeds or edible oils. ..... state of kerala, air 1972 sc 2301, a five-judge bench of the supreme court considered the question of the legislative competency of the state legislature in enacting kanan devan (resumption of land) act. ..... state of kerala, air 1981 sc 1863, the supreme court went into the question of the distinction between 'fee and tax' and the concept of the execution fee and observed as follows : 'the distinction between a 'tax' and a 'fee' is well settled. .....

Dr. (Mrs.) Shushma Pandey Vs. State of Bihar

Court : Patna

..... although by reason of the explanation which was inserted in section 141 of the code of civil procedure, 1908, by the code of civil procedure (amendment) act, 1976, section 11 of the code does not in terms apply to any proceeding under article 226 of the constitution, the principle of res judicata does apply to all writ petitions under article 226. ..... 1 in the merit list of the bihar public service commission and that she had given her choice for posting as professor in the pmch, patna hence she was entitled to be posted in pmch, patna on the basis of the principles of merit-cum-choice posting and she prayed for issuance of a writ of mandamus to the 'respondent state of bihar in that writ for posting her as a professor in the pmch on the basis of her choice due to being senior to dr. ..... both the appeals under clause 10 of the letters patent have been preferred against the common judgment dated 2.4.2002 passed by a learned single judge of this court in cwjc no. ..... 616 of 2002 and 171 of 2003 contending that there was no rule or law constituting a legal right in the writ petitioner entitling her to claim her posting at a place of her choice on the principles of merit-cum-choice posting and a prayer was made to set aside the judgment of the single judge.4. ..... vide judgment dated 2.4.2002 in the aforesaid cwjc no. ..... 616 of 2002) was relied on by the respondent writ petitioner. ..... this resolution is at annexure-15 of the lpa 616 of 2002. ..... 616/2002) was also cited. .....

Smt. Clara Ainda Vs. State of Bihar and ors.

Court : Patna

..... the amendment in the aiims act having been made in the year 1999 the state government or the board of governors not having taken any decision to the contrary with regard to the issue of age of superannuation in the institute, the effect of the order dated 10.10.1991 would be the automatic incorporation of the same in the igims act which would also find echo in the resolution of the board of the institute dated 10.2.1994.24. ..... mohinuddin) would have considered section 35a of the andhra university act, 1926, as inserted by the amending act, 1976.35a. ..... the same.this court would for the reason reject the contention of the respondents that annexure 3, dated 10.10.1991, would not be a government order.additionally, the division bench in the case of priyambada singh (supra) sought to be relied upon both by the petitioners and the state would at para 11 of the judgment record as follows:thus, the question which fall for consideration is as to whether the appointment to the post of administrative officer is to be made in accordance with the 1984 rules, or in accordance with the rules application in the case of employees of aiims as adopted by the ..... this court for the purpose would place reliance upon the case of state of kerala v. m.k. ..... this view would have been reiterated in : (2002)illj690sc (pavendra narayan verma v. .....

Tenughat Vidyut Nigam Ltd. Vs. the Union of India (Uoi) and ors.

Court : Patna

..... shall pass on to the state of jharkhand with effect from such taking over by the government of jharkhand under section 47 of the bihar re-organisation act 2000;(4) to quash the communication dated 2nd of september, 2003 (annexure-10) of the government of india whereby in context of prayer for review of annexure-6, the secretary to the government of bihar in the department of energy was informed that the point of view of the government of bihar had been taken into consideration before passing the impugned order dated 31st of october, 2002 (annexure-6). ..... so far as the concept of a company being owned by a central or state government is concerned, there is no dispute that a large number of statutes such as banking act of 1970, central vigilance commission act, 2003, civil procedure code (order-39 rule-2), factories act etc contain the expressions- 'company owned by government'. ..... its memorandum and articles of association were also adopted with amendment to the effect that bihar or bihar state occurring in those documents will be read as jharkhand or jharkhand state. ..... state of kerala : (1997)iillj345sc in which also the principle that a company may be an instrumentality or agency of the government and therefore 'state' within the meaning of article-12 of the constitution but it cannot be held to be department or establishment of the government, has been reiterated. .....