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Judgment Search Results Home > Cases Phrase: bombay reorganisation act 1960 section 89 power to construe laws Court: patna Page 1 of about 7 results (0.059 seconds)

Jul 26 2007 (HC)

Bihar State Small Industries Corporation Ltd., Vs. State of Bihar

Court : Patna

..... the appointed day until a law is framed, an agreement is reached between the successor states or directions are issued by the central government.8. my aforesaid views are further reinforced in the light of the provisions contained in sections 2 and 3 of the inter-state corporations act, 1957, as amended by the bombay reorganisation act, 1960, as no sooner the ..... by the central government by issuing a notification so as to include the bihar reorganisation act, the government companies included in schedule 9 to the reorganisation act cannot be treated as inter-state corporations appears to be misconceived as section 5 of the reorganisation act, as amended by the bombay reorganisation act, 1960, is only an enabling provision to enable the central government to amend the ..... of state of jharkhand v. bihar state forest development corporation (2004) 2 pljr 271, paragraph 18.6. with reference to sections 2 and 3 of the inter-state corporations act, 1957, as amended by the bombay reorganisation act, 1960, it was further submitted by counsel for the workers' union that the aforesaid three companies by virtue of the provisions contained ..... here italicized for emphasis.9. in view of my discussions above, the bihar reorganisation act, 2000, being a central act was not required to be brought within the schedule to the inter-state corporations act by exercising the enabling powers contained in section 5 of the said act.10. in the circumstances, the winding up petitions filed to wind up the aforesaid .....

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Jun 21 2004 (HC)

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

Court : Patna

..... forth by the petitioner is feasible, it will result into a situation that an undertaking situated in the state of jharkhand shall pass on to the state of bihar after reorganisation of the state, which the parliament would not have envisioned and hence i have adopted an interpretation which advances justice and suppresses the evil.54. having held that tvnl ..... the judgment, which reads as follows ;--'17. in applying the principles of english law on the subject, a rule of caution is required. in the interpretation act there is no provision corresponding to section 9 of the general clauses act, 1897. hence english decisions cannot be strictly applied in india when construing the relevant provisions either of the statutes or statutory rules or notifications issued ..... , its meaning, plan and simple in the context has to be ascertained. the memorandum and articles of association of the tvnl reveal that its main object is establishment of thermal power station, generation of electricity and its sale to the bihar state electricity board and to carry on 'the business of development, manufacture, generation, operation, maintenance, distribution and sale of ..... no manner of doubt that tvnl is a commercial undertaking within the meaning of section 47 of the act. the view which i have taken finds support from the judgment of the supreme court in the case of poona electric supply co. ltd., bombay v. commissioner of income-tax, bombay city : [1965]57itr521(sc) in which in paragraph 11 it has been held .....

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Jul 26 2007 (HC)

Bihar State Small Industries Corporation Ltd., Bihar State Pharmaceuti ...

Court : Patna

..... and ors. v. bihar state forest development corporation and ors. reported in 2004 (2) pljr 271, paragraph-18.6. with reference to sections 2 and 3 of the inter state corporations act, 1957, as amended by the bombay reorganization act, 1960, it was further submitted by the counsel for the workers' union that the aforesaid three companies by virtue of the provisions contained in ..... functioning immediately before the appointed day until law is framed, agreement is reached between the successor states or directions are issued by the central government.9. my aforesaid views are further reinforced in the light of the provisions contained in sections 2 and 3 of the inter state corporations act, 1957, as amended by the bombay reorganization act, 1960 as no sooner the aforesaid government ..... of the bill to empower the central government to include in the schedule by means of a notification any other state act under which a corporate body is now functioning in more than one state as a result of the states reorganisation act. gazette of india, 1957, extra. pt. ii, s.2, p.400. (emphasis supplied)11. in view of my ..... discussions above, bihar reorganization act, 2000 being a central act was not required to be brought within the schedule of the inter state corporations act by exercising the enabling powers contained in section 5 of the said act.12. in the circumstances, .....

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Mar 30 1992 (HC)

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

Court : Patna

..... .(vii) to enforce the provisions of this act, the rules and bye-laws; and(viii) to perform such other duties and exercise such other powers as are imposed or conferred upon it by or under this act, the rules or the bye-laws.'section 27 of the state act in its original form was as follows: ..... carrying on business in sugar.3. these cases arise out of the enforcement of the provisions of the bihar agricultural produce markets act, 1960 (hereinafter referred to as 'the state act') which is challenged in these proceedings. before we deal with the respective contentions raised in support of these petitions, it would ..... the changed conditions. it was then decided that the question of regulating markets should be taken up after the war. the states of andhra, bombay, madras, madhya pradesh, mysore and the punjab have already enacted such legislation and conditions of agricultural marketing in those states have improved appreciably by ..... some special points which were urged in some particular cases.38. in cwjc nos. 12227/87, 3863/88, 4623/88, 8705/88 and 5187/89 the petitioners are running some flour mills. their case is that they purchased wheat which was ground in the mills to produce atta, maida, suji ..... constitution is a living and organic thing, which of all instruments has the greatest claim to be construed broadly and liberally'.12. on the first point, that is, the legislative competency of the state act, i shall first consider some of the cases already decided by this court. in the case .....

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May 30 2007 (HC)

Amar Singh and ors. Etc. Etc. Vs. the State of Bihar and ors. Etc. Etc ...

Court : Patna

..... in meaning and such levy must be construed as tax on land on the basis of their market value which is quite different in meaning than the meaning of the word rent as defined under the act, requires a careful look at the definition of rent in the act. under section 3(5) of the act rent is lawfully payable in money or kind by a ..... at once a guarantee and bulwark of the freedom of the subject' (m.c. shetalvad, the indian constitution, 1950-65 p. 35, university of bombay, 1967 (kashi nath tribak telang lectures).64. the judiciary under the power of the judicial review has tried to relief the people of the legislative tyranny. but the problem of judicial review in the indian democracy needs ..... are concerned, qua article 14, it has to be shown by the challenger that either there is lack of classification or it is discriminatory, as otherwise, law is presumed to be legal and valid.89. article 14 prohibits class legislation, it does not forbid reasonable classification for the purpose of legislation which classification must satisfy the twin tests of classification being founded ..... it does to the lives of the individual citizens.... the right to resist the law is the reserve power in the society....' (harold j. laski, an introduction to politics, p. 41, george allan and unwin ltd., london, 1960). the most beneficial and effective method of resistance to undesirable and unconstitutional law is through the judicial organ of the state by judicial review. j.c .....

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Oct 11 1993 (HC)

Ramesh Singh and anr. Vs. Chinta Devi and ors.

Court : Patna

..... ) lr 4 ch app 735 did not consider it an invariable rule that a statute could not be retrospective unless so expressed in the very terms of the section which had to be construed, and said that the question in each case was whether the legislature had sufficiently expressed that intention. in fact, we must look to the general scope and purview ..... . m/ s. s.g. filma exchange ltd. reported in air 1960 sc 980, the question of law, which arose for consideration, was whether in the absence of any provision giving retrospective effect to certain amendments made in the court-fees act, 1870, as applied to bombay by the court-fees (bombay amendment) act, 1954, which amendment came into force on 1-4-1954, the court-fees ..... not contrary to the expressed intentionof the legislature or the implied purpose of thelegislation. it was not as shri ramamurthitried to argue that legislature wanted to givean uncontrolled and absolute power todischarge employees on the part of the employers without any enquiry in all circumstances. that cannot be and that was notintended to be as can be implied from all thecircusmtances ..... referred to as 'the tribunal') before 1988 act came into force, which was on 1-7-89, but the appeals were filed before the high court after the 1988 act, came into force. the common question of law, which has arisen in these cases is, whether in respect of these appeals, the proviso to section 173 of 1988 act is applicable and deposit is to be .....

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May 17 1968 (HC)

Sayedabad Tea Co. Ltd. Vs. State of Bihar

Court : Patna

Reported in : AIR1969Pat165; 1969(17)BLJR912

..... the liabilities of the two states in such a case would be joint and several. learned counsel drew our attention to the observation made while construing section 87 of the states reorganisation act, 1956, by v.r. newaskar, j., in state of madhya pradesh v. syed akbar ali syed ahmad ali, air 1964 madh pra 213 ..... three execution cases filed by the decree-holder appellant. hence the decree-holder has filed the three miscellaneous appeals in this court.as common question of law and facts arose to be determined by the court below in the three miscellaneous cases, they were tried together and one judgment was passed in respect ..... of the state of bihar were pending in the patna high court on the appointed date. they were subsequently decided by the high court on march 8, 1960 and the appeals were dismissed with costs. the appellants, thereafter, filed money execution cases nos. 1, 2 and 3 of 1951 in the court of ..... the appointed day an existing state has made any contract in the exercise of its executive power for any purposes of the state, that contract shall be deemed to have been made in the exercise of the executive power of the successor state, in a case where there is only one successor state. the ..... of the act. such deeming provision, as made here, has been the subject matter of judicial interpretation in many cases. learned counsel referred to the decision of the supreme court in state of bombay v. pandurang vinayak, air 1953 sc 244 at p. 246 wherein it was pointed out that when a statute .....

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Jul 01 1997 (HC)

Seth Srenikbhai Kasturbhai and ors. Etc. Vs. Seth Chandulal Kasturchan ...

Court : Patna

..... gazette (extra) july 13. 1953. the 2nd may, 1953.no. 955-lr/zans in exercise of the powers conferred by sub-section ( 1 ) of section 3 of the bihar land reforms act, 1950 (bihar act xxx of 1950) the governor of bihar is pleased to declare that the estate described in the schedule hereto annexed belonging ..... his individual capacity as representative of the whole swetambary murti pujak community of india. president of the firm of seth anandji kalyanji of ahmadabad in bombay.hazaribaghpalganj20/1parasnath hill16 acre by order of the governor of bihark. k. mitraadditional secretary to government." 94. on the basis of the said notification ..... the part of the state government regarding the error and mistake or mischief committed in arriving at the agreement on misrepresentation of facts and law and for that reason the amendment petition was filed for explaining the admission made on their part in the original written statement regarding the ..... of appeal filed against the final decree. in this connection, he has referred to a decision of the supreme court as reported in air 1960 sc 941 (satyadhyan ghosal v. smt. dcorajin dcbi) wherein it was held that an interlocutory order against which no appeal is maintainable can ..... seth anandji kalyanji on one hand and the state of bihar on the other hand. 89. the said land comprised in khewat no. 1 was declared as reserved forest under section 4 of the indian forest act, 1927 -and seth anandji kalyanji agreed that the said forest be managed by the .....

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May 01 1996 (HC)

State of Bihar Vs. Smt. Sharda Devi

Court : Patna

..... was not accepted being not -certified copy of any registered document and, therefore, neither section 51a of the land acquisition act not section 57(5) of the registration act would make these documents of its contents admissible in law.22. a prayer was made on behalf of the appellant for adducing additional evidence in ..... barred. it was submitted that reference to a civil court for determination of title to receive compensation can be made either under section 18 or under section 30 of the act. relying on : [1965]3scr576 it is contended that since the state was being represented before the land acquisition officer, only ..... question that came up for consideration before the supreme court was whether the purchases were liable to be assessed to revenue under the bombay city land revenue act. it was held that lands were not exempt from liability to be assessed to land revenue. it was further held that when the ..... it is stated that though appeared in cwjc 366/79r but no counter-affidavit was filed to controvert the case of the supreme court in : [1960]3scr590 to support his contention that the decision in cwjc 366/79r (ext.f) will operate as res judicata/constructive res judicate on the subsequent ..... be statutory provided. otherwise, there is inherent incompetence to entertain the appeal. accordingly, the decisions of the division bench must be taken as nullity.89. the above decision has already been dealt with by me in paragraph nos. 45 and 46 of the judgment.90. all the question referred in .....

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Jul 19 1993 (HC)

Dattatray Nath Pandey Vs. the State of Bihar and ors.

Court : Patna

..... khatian and tenant's ledger are to be so prepared and to be sent to the s.d.o. and collector.35. sub-section (iv) of section 3 of the act reads thus:to supply information about the lands in respect of which and about the tenant in respect of whom, additional rents would ..... depending upon the phraseology used in the statute.29. this aspect of the matter has also been considered by the supreme court in state of bombay v. supreme general films exchange : [1960]3scr640 , kasibai v. mahadu : air1965sc703 and jose deo costa v. bascora sadasiva sinati narconim : air1975sc1843 .30. it is, therefore, not ..... 1991.13. the learned counsel appearing on behalf of the respondent no. 7, however, submitted that repeal of section 17 of the act by reason of the amending act of 1983 amounts to change in procedural law and thus the same will have a retrospective effect.14. prior to coming into force of the said ..... also entered into several transactions in relation thereto.7. the respondent no. 7 however filed an application before the circle officer under section 48(d) of the bihar tenancy act. in the said application inter alia, a prayer was made that necessary corrections in the records of right be made after taking ..... deposit of 24 times of the cash rental of the disputed land. thereupon a case being jamabandi correction case no 1 of 1988-89 was started.8 .....

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