Judgment Search Results Home > Cases Phrase: appropriation act 2005 Court: patna Page 16 of about 2,650 results (0.076 seconds)

Saitun Nisa Vs. Triloki Vishwakarma Alias Triloki Mistri

Court : Patna

..... .--(1) notwithstanding anything to the contrary contained in the, code of civil procedure, 1908 (5 of 1908), any person suing for the specific performance of a contract for the transfer of immovable property may, in an appropriate case, ask for--(a) possession, or partition or separate possession, of the property, in addition to such performance; or(b) any other relief to which he may be entitled, including the refund of any earnest money or deposit paid or made by him, in case his ..... the decision of the madras high court in the case of sakku bai (supra) but with due respect i am of the view that the learned judge has not analysed the provisions of sections 21 and 22 of the specific relief act and has proceeded on the general principle that choice of reliefs is always with the plaintiff who is the dominus litus in a litigation and he could seek more than one relief.although the madras high ..... notwithstanding anything hereinbefore provided an appeal, shall lie to the said high court from a judgment of one judge of the said high court or one judge of any division court, pursuant to section 108 of the government of india act, made on or after the first day of february, one thousand nine hundred and twenty-nine, in the exercise of appellate jurisdiction by a court subject to the superintendence of the said high court, where the judge who passed .....

Gopal Nag and anr. Vs. State of Bihar

Court : Patna

..... and on inquiry, it is found that he or she is still a juvenile or child capable of being reformed or rehabilitated by being dealt in accordance with the provision of section 21 of the juvenile justice act, in my opinion, in such a situation, the procedure laid down by the full bench in the case of krishna bhagwan (supra) should be followed as the same shall be not only in the interest ..... notwithstanding anything to the contrary contained in any law for the time being in force, the apex court observed that 'in view of the underlying intendment and beneficial provisions of the act, read with clause (f) of article 39 of the constitution which provides that state shall, in particular, direct its policy towards securing that children are given opportunities and facilities to ..... respect of trial and conviction to juveniles, the courts should be jealous while administering such law so that the delinquent juveniles derive full benefit of the provisions of such act but, at the same time, it is the duty of the courts that the benefit of the provisions meant for juveniles are not derived by unscrupulous persons, who ..... juvenile justice act, particularly of section 26 thereof mandating the court, in such a circumstance to record a finding of own regarding the guilt of the delinquent child/juvenile on the date of the evidence brought on record in course of trial before the plea of minority was taken and then to send the delinquent child/juvenile the juvenile court for passing appropriate order. .....

Bashistha Choudhary Vs. State of Bihar and anr.

Court : Patna

..... the learned counsel for the opposite party has failed to show that this petitioner being branch manager of the bank in question was appointed by the appropriate authority for control and supervision of the employees of the branch bank. ..... section 2(f) of the gratuity act runs as follows:2(f) employer means, in relation to any establishment, factory, mine, oilfield, plantation, port, railway company or shop-(i) belonging to, or under the control of, the 'central government or a state government a person or authority appointed by the appropriate government for the supervision and control of employees, or where no person or authority has been so appointed, the head of the ministry or department concerned,(ii) belonging to, or under the control of, any local authority, the person appointed by such ..... the maximum punishment under section 10 of the act is only one month and, therefore, prosecution ought to have been launched and cognizance taken within one year of the alleged occurrence as provided under section 468(2)(b) of the cr.p.c. ..... there is no allegation in the complaint petition that the petitioner was deemed to be 'employer' under the act, 1976 for the purpose of prosecution. ..... therefore, i find substance in the submission of the learned counsel of the, petitioner that in absence of specific averment and material that this petitioner was 'employer' under the act he cannot be prosecuted under section 10 of the act, 1976. .....

The State of Bihar Vs. Sri Kapildeo Vishkarma

Court : Patna

..... me that the entire matter needs reconsideration of the board of direct taxes to consider the possibility/ desirability , of issuing an appropriate circular in terms of section 119 of the act, under the circumstances indicated hereinabove, and such other relevant factors, to mitigate the rigours of the. ..... of livelihood, is harassed no end, and the court is burdened with most unwanted litigations on account of such delayed payment of compensation, accrues which is cumulatively liable, to tax under section 194a of the income tax act most of these land owners are indigent persons and can never be income tax payees, but for the accumulation of interest for circumstances beyond their control. ..... , in the alternative and as a last resort, consider the desirability of recommending to the appropriate ministry, suitable amendment in the income tax act to achieve the object and suppress the mischief.6. ..... earlier judgments, reiterated that such circulars would be binding on the income-tax authorities even if they deviate from the provisions of the act [33) so long as they seek to mitigate the rigour of a particular section for the benefit of the assessee (34). ..... , desired the board of direct taxes to consider the issue relating to tds with respect to the accumulated interest and take appropriate remedial measures. ..... that the matter needs the board's reconsideration in view of the following aspects of the matter:(i) section 119 of the income tax act 1961, inter alia, provides that the board may. .....

Shri Raj Kumar Raghawendra Prasad NaraIn Singh @ Radhvendra Prasad Nar ...

Court : Patna

..... the aforesaid order appointing arbitrator was challenged in the writ petition on the ground that act, 1996 had no application as the agreement was executed on 30-12-1987 when the arbitration act 1940 was in force, the cause of action for request case was barred by limitation, the period of three years should be reckoned to have started when respondent no ..... at that state it would not be appropriate for the chief justice or his nominee to entertain any contentious issue between the parties and decide the same ..... when the matter is placed before the chief justice or his nominee under section 11 of the act, 1996 it is imperative for the chief justice or his nominee to bear in mind the legislative intent that the arbitral process should be set in motion without any delay whatsoever and all contentions issues are left to be ..... adverting to the questions raised by the learned counsel for the appellants, it would be pertinent to mention herein that before coming into force of the arbitration and conciliation act, 1996, the arbitration act, 1940 was in force, providing domestic arbitration in the matter of dispute. ..... the act 1996 fully applies in the case in view of section 85 of the act which provides that the provisions of the arbitration act, 1940 shall apply in relation to arbitral proceedings which commenced before this act came into force unless otherwise agreed by the parties but this act shall apply in relation to arbitral proceedings which commenced on or after this act came into .....

Ghanshyam NaraIn Singh and ors Vs. State

Court : Patna

..... at this place it is relevant to mention that though the order for reopening of the land ceiling case under section 45b of the land ceiling act was passed by an order dated 14.2.1983, but the petitioners or any other persons did not challenge the aforesaid order dated 14.2.1983, hence that order became final. ..... further this court finds that after final publication of draft statement under section 11(1) of the land ceiling act, an appeal and revision was statutory alternative remedy available to the petitioners in terms of sections 30 and 32 of the land ceiling act, but admittedly, against the aforesaid final publication made under section 11(1) of the land ceiling act, 4 patna high court cwjc no.6489 of 1990 dt.30-08-2013 4/6 the petitioners did not file any appeal or revision. ..... even that notification was not challenged at an appropriate stage. ..... admittedly, the proceeding was reopened under section 45b of the land ceiling act by the respondent district collector, kaimur at bhabua by order dated 14.2.1983, but that order was not challenged by the petitioners at the relevant time and allowed it to become final. ..... it further appears that in view of gazette notification under section 15(1) of the land ceiling act, 6.56 acres of surplus lands, which vested in the state of bihar free from all encumbrances, were distributed amongst the beneficiaries, but none of the beneficiaries has been impleaded as party in the present proceeding.10. .....

Narayan Yadav Vs. the State of Bihar and ors.

Court : Patna

..... once we have found that the certificate officer had the power to extend the time for deposit, which was indeed extended on an appropriate prayer made on behalf of the writ petitioners, and on application of the judicial mind, it would be capricious exercise of power to give ..... - (1) where immovable property has been sold in execution of a decree, any person claiming an interest in the property sold at the time of the sale or at the time of making the application, or acting for or in the interest of such person, may apply to have the sale set aside on his depositing in court,-(a) for payment to the purchaser, a sum equal to five per cent of the purchase- ..... the instance of the previous transferees has been allowed, their application under section 28 of the bihar & orissa public demands recovery act 1914 (hereinafter referred to as 'the act'), has been allowed, and the order dated 17.11.83, passed by the learned certificate officer, has been restored. ..... been held that, where a judgment-debtor applying for setting aside a sale under order 21, rule 89, has failed to deposit the amount within the time prescribed by article 127 limitation act (1963), the court has no power to extend the time either under section 148 or section 151 of the code. ..... it has further been held that the objectors were bonafide applicants, had filed an application in terms of section 28 of the act in time, and had deposited the amount contemplated by clauses (a) and (b) of section 28 beyond 30 days but after seeking .....

Raj Kumar Raghawendra Prasad NaraIn Singh @ Radhvendra Prasad NaraIn S ...

Court : Patna

..... the aforesaid order appointing arbitrator was challenged in the writ petition on the ground that act, 1996 had no application as the agreement was executed on 30.12.1987 when the arbitration act, 1940 was in force, the cause of action for request case was barred by limitation, the period of three years should be reckoned to have started when respondent no ..... at that stage it would not be appropriate for the chief justice or his nominee to entertain any contentious issue between the parties and decide the same ..... when the matter is placed before the chief justice or his nominee under section 11 of the act, 1996 it is imperative for the chief justice or his nominee to bear in mind the legislative intent that the arbitral process should be set in motion without any delay whatsoever and all contentious issues are left to be ..... adverting to the questions raised by the learned counsel for the appellants, it would be pertinent to mention herein that before coming into force of the arbitration and conciliation act, 1996, the arbitration act, 1940 was in force, providing domestic arbitration in the matter of dispute. ..... the act 1996 fully applies in the case in view of section 85 of the act which provides that the provisions of the arbitration act, 1940 shall apply in, relation to arbitral proceedings which commenced before this act came into force unless otherwise agreed by the parties but this act shall apply in relation to arbitral proceedings which commenced on or after this act came into .....

Meherson M. Madan Vs. Bank of India and ors.

Court : Patna

..... under article 226 of the constitution of india after the insertion of clause (1a) by constitution (15th amendment) act, 1963 which has now been renumbered as clause (2) by the constitution of india (42nd amendment) act, 1976 the high court has also power to issue directions, orders or writ as the cause of action arose wholly or in part within the territorial jurisdiction of ..... it has been further held that- 'a contract of employment, however, stands on a different footing wherein the act of relinquishment is of bilateral character and resignation of an employee is effective only on acceptance of the same ..... last case the apex court has held as follows: 'if the act of relinquishment is of unilateral character, it comes into effect when such act indicating the intention to relinquish the office is communicated to the ..... has held that when a public servant requests for determination of his employment by letter of resignation, his services normally stand terminated from the date on which the letter of resignation is accepted by the appropriate authority. ..... resignation filed by the petitioner showing his intention to resign with effect from the date mentioned in the letter and fulfilment of conditions will not make an act of resignation effective from the date mentioned in the letter. ..... the authority to whom the act of relinquishment is communicated is not required to take any action and the relinquishment takes effect from the date of such communication where the resignation is intended .....

Ghulam MohsIn Jafri Vs. State of Bihar and ors.

Court : Patna

Reported in : AIR1999Pat115; 1999(47)BLJR842

..... the impugned notification also, it will appear that the said notification has also been issued purportedly under the provisions of section 64 of the 1954 act which has been later on corrected as under sections 10 and 11 of the previous act but it has been stated in the first notification which is at annexure-1 that the impugned constitution of the board has been made under the ..... learned counsel for the respondent-board further submitted that having regard to the provisions of section 14 of the 1995 act, that act can be made applicable to a state only on the basis of a second notification and the only notification which has ..... the intervenor is that the words 'a state' would mean only one particular stale and, therefore, a notification which provides for commencement of the act in all the states is not appropriate, is equally misconceived.25. ..... central government may, by notification in the official gazette, appoint; and different dates may be appointed for different areas within a state and for different provisions of this act, and any reference in any provisions to the commencement of this act, shall, in relation to any state or area therein, be construed as reference to the commencement of that provision in such state or areas."11. ..... since the main argument has been mostly advanced on the interpretation of the statutory provisions of section 1 of the 1995 act and other legal questions, i have not given any finding on the allegation against the writ petitioner or on the legality .....