Judgment Search Results Home > Cases Phrase: appropriation act 2005 Court: patna Page 17 of about 2,650 results (0.083 seconds)

Nand Kishore Singh and ors. Etc. Vs. the State of Bihar and ors.

Court : Patna

..... . thereby submission made on behalf of the counsel for the petitioners cannot be accepted in general to exclude of the total land of the villages in question, though in appropriate case, the concerned person may bring to the notice of the consolidation authorities that the nature of land is such which does not call for proceeding.accordingly, there being ..... of register of lands, statement of principles and thereby decision relating to right and interest reached its finality in the year 1975 with respect to villages in question subject to scrutiny in appeal and revision under the act, subsequent inclusion or the village within the limits of patna regional development authority will neither curtail the power vested with the consolidation authority, nor amounts to automatic closure of operation of consolidation proceeding.so far as ..... the rest of the provisions and mere consequential which includes changes and transfer affecting right and interest, for which provision of section 10-b of the act has been laid down, re-publication of register and preparation of draft scheme of allotment of chak and its finality and the other provisions to ..... . it is further stated that the revisional authority had jurisdiction to set aside the illegal order by its power vested under section 35 of the act wherein the director of consolidation has been delegated with the power of his own or no the application of any party to call for and examine the record of any case decided or proceedings .....

Wahidul Haque Wakf Estate Vs. the State of Bihar and ors.

Court : Patna

..... effect, that attempt is now made to bring the case within the ambit of section 29 (1)(b)(v) which makes the provisions of sections 5 and 28 inapplicable to 'such extent of land held on the-date of commencement of this act by such public or charitable bodies other than religious institutions of public nature, running educational institutional, hospitals, maternity homes and orphanages as may be notified by the state government in this behalf, so long as they continue as such' ..... before adverting to the question of entitlement to the petitioner it would be appropriate to examine the question of applicability of the act itself, for if the submission of the counsel for the petitioner is accepted and it is held that the land in question stands out of the act, the other question will become irrelevant and in that situation the entire proceeding ..... the contention of the counsel for the state that in a proceeding under the ceiling act the collector is primarily concerned with the identification of the landholder for the purpose of ..... been created for benefit of mdarsa, amongst others, the court should hold that the land stands out of the purview of the act and therefore, the authorities had no jurisdiction to initiate proceeding much less declare any land as surplus.6. ..... deputy collector land reforms (dclr) barh, in which on 29-5-1976 vide draft statement under section 10 (2) of the act, 29.18 acres (elsewhere mentioned as 29.37 acres) of class iv land was declared surplus allowing one unit i.e. .....

Birla Corporation Ltd. Vs. State of Bihar and ors.

Court : Patna

Reported in : (2009)26VST471(Patna)

..... the bihar value added tax act, 2005 (hereinafter referred to as, 'the act') against whom neither any tax is found payable nor is due, could be subjected to the penal provisions of section 54(4) of the act for reasons of non-submission of a report of audit in the prescribed form duly signed and verified by an accountant within the meaning of the chartered accountant act, 1949 or by a person entitled to act as an auditor of companies by virtue of the provisions of section 226(2) of the companies act, 1956, is the question posed ..... before proceeding further, it would be appropriate to reproduce the relevant provisions of section 54 of the act which runs as follows:54. ..... our attention was drawn towards the language of the provisions as underlying section 54(4) with particular stress made on the words 'in addition to any tax payable', and it was submitted that under the scheme of the act it were only such dealers against whom any tax was found payable or due and who had not filed their audit report in the prescribed manner as required under sub-section (2), who came within ..... like the present petitioner against whom no tax admittedly, was either found payable or was due for the period in question, the proceedings initiated for imposition of penalty in purported exercise of power under section 54(4) of the act was clearly an abuse of statutory powers and without sanction of law, specially where the defect, if any, in filing the audit report stood rectified on february 15, 2007.20. mr. .....

Jitendra Singh Vs. M/S. Patna Gauhati Roadways and Another

Court : Bihar State Consumer Disputes Redressal Commission SCDRC Patna

..... under the circumstances it is not appropriate for this commission to conduct a concurrent adjudication of those issues covering the subjectmatter of the instant case under a summary proceeding under the act when they are already pending adjudication before a criminal court. ..... they have also challenged the maintainability of the case under the consumer protection act (hereinafter called the act) on the ground that the complainant is not a consumer within the act and therefore the case filed by him can not be entertained. ..... the opposite party has challenged the maintainability of this case under the act also on the ground that on the basis of this written information police case was instituted and criminal case no. ..... the statements of these witnesses only indicate that the opposite party acted only as a connecting link between shailesh, the nephew of the complainant and the owner/driver of the truck which took delivery of the goods from the perfect steel products, ranchi. ..... gr1305/91 in respect thereof is pending in the court of the chief judicial magistrate, patna and thus the matter is subjudice and hence the case filed under the act should not be entertained. ..... hence the complainant is not a consumer under the act and this case is not maintainable under the act. ..... thus there is dispute with regard to the foundational facts of the case which requires detailed and elaborate evidence for their adjudication which can not be done in a summary proceeding under the act. 11. .....

Zonal Manager (East), Food Corporation of India and ors. Vs. Ranjit Ku ...

Court : Patna

..... the supreme court held that where a written notice is not given by the court under section 14(2) of the act, the period of limitation would commence from the date on which oral or informal or constructive intimation had been given to the parties ..... on december 5, 1988, computing the period of limitation of thirty days under article 119 of the limitation act, 1963, from november 7, 1988, the date for which the counsel for the parties were summoned by the court to be told ..... : air1962guj317 , held that under article 158 of schedule 1 to the limitation act (article 119 of the limitation act, 1963), limitation commences from the date when the notice of the filing of ..... regional manager on 28.2.1990 for appropriate action. ..... 668 when no notice has been issued by the court under section 14(2) of the act to the parties of the filing of the award oral, informal or constructive intimation given by the court will serve the purpose of the notice and the date of such intimation, will ..... of his contention that the limitation under article 119 of the limitation act commences from the date of knowledge of the award when it is ..... notice is sent under section 14(2) of the arbitration act, that would be the starting point for the period ..... this is an appeal under section 39(1)(vi) of the indian arbitration act against the decision of the subordinate judge, patna dated 13.3.1992, whereby the court below held the objection to the award filed by the appellants to be time barred and consequently directed award to .....

Bihar Rajya Khadi Gram Udyog Board Karyakarta Sangh and ors. Vs. State ...

Court : Patna

..... by the state government (3) the board may, within the respective limits of the khadi budget and the village industries budget, sanction any re-appropriation from one head of expenditure to another or from a provision made for one scheme to that in respect of another, but in no case shall a re-appropriation of fund be made from the khadi budget to the village industries budget or from the village industries budget to the khadi budget except ..... in future as well, the board shall submit to the state government well in advance complete statement of its requirement of fund with justification therefor, as required by sections 16 and 24 of the act, and the state government shall allocate funds in such a manner that the board does not find any difficulty in regularly paying salaries and wages to its officers and staff. ..... (b) to help persons or association of persons by providing them with work in their homes and to give them financial assistance in shape of loans and grant for any of the purposes of this act on such terms and conditions as may from time to time be laid down:-- (i) by the commission, in case of loans and grants given by the board out of the funds received from the state government or otherwise, ..... in section 10 are framed in the manner provided by section 34 of the act, which provides that the board may, with the previous sanction of the state government, make regulations not inconsistent with the act and the rules made thereunder, and publish them in the officialgazette. .....

Sushil Kumar Modi and ors. and Brishen Patel and ors. Vs. State of Bih ...

Court : Patna

..... we would clarify that pendency of these proceedings do not stand in the way of the settlement commission taking action/passing orders under section 245d(6) as may be considered fit and appropriate. ..... in the meantime, it will be open to the commission to act on its own in terms of the provisions of section 245d(3) of the act 12. ..... rastogi has next pointed out that a request was made to the commission to hold enquiry into cases which have been admitted by the settlement commission under section 245d(1) of the income-tax act at patna. ..... was made to the income-tax settlement commission (additional bench), calcutta, to reopen certain disposed of proceedings relating to the assessees involved in the animal husbandry1 scam in terms of the provisions of section 245d(6) of the income-tax act, 1961. ..... rastogi submitted that if it is not possible for the settlement commission to hold its sitting at patna, it may entrust the enquiry to the chief commissioner of income-tax, bihar, under section 245d(3) of the act. 8. .....

Jag Mohan Mehrotra and ors. Vs. Hindustan Petroleum Corporation Ltd. a ...

Court : Patna

..... while we do not for a moment doubt that every action of the state or an instrumentality of the state must be informed by reason and that, in appropriate cases, actions uninformed by reason may be questioned as arbitrary in proceedings under article 226 or article 32 of the constitution, we do not construe article 14 as a charter for judicial review of state action and to call upon the state to ..... in that view of the matter, the supreme court held that the public bodies like port trust having been granted exemption from applicability of the rent control act on public grounds, are at liberty to take action to evict tenant without being accountable therefor, or such action falls in the realm of public law, and is hence liable ..... that the net result at the end of the litigation in that case was that after the requisitedeclaration to the effect that the exercise of power under section 5(2) of the act was impermissible, the government company has been directed to hand over possession of the land in question to the lessor therein, a consequential relief granted in writ jurisdiction. ..... in terms of section 7 of the act, government of india had by an appropriate notification directed the vesting of the undertakings of esso in india in a government company, namely, the hindustan petroleum ..... therefore, appropriate for this court to set aside the impugned order, and leave the parties to their remedy in the civil court as if the respondents had not exercised the power under section 5(2) of the act. .....

Amba Carbonisation Pvt. Ltd. Vs. State of Bihar and ors.

Court : Patna

..... of the commercial taxes (finance) department within whose jurisdiction, the unit is situated;(2)(a) the concerned circle in-charge will cause an enquiry on the facts mentioned in the application under the relevant provisions of the bihar finance act, 1981;(b) the concerned circle incharge either himself or through other competent authority will cause local inspection & enquiry made as he thinks fit & necessary;(c) the circle in-charge will pass an order regarding eligibility of the unit ..... (bikri)-i annexed to this notification before the competent authority under the appropriate law will on following terms & conditions be entitled for exemption from payment of sales-tax on sale of their finished products:1. ..... cannot be read to laying down the proposition that where an assessee is exempted from payment of sales tax under section 7 of the bihar finance act he becomes automatically exempted from payment of entry tax for the goods purchased from outside the state for its use or consumption. ..... of such scheduled goods effected by a person other than the dealer if, the value of such goods does not exceed 25 thousands in a year.provided further, that where an importer or scheduled goods liable to pay tax under the act, becomes liable to pay tax under the bihar finance act, 1981 (bihar act 5 of 1981) by virtue of sale of such scheduled goods, his liability to pay tax under the bihar finance ..... tax at the appropriate rate would have become payable but for the exemption. .....

Kabutari Devi Vs. Consolidation Officer and ors.

Court : Patna

..... successfully shown that there is illegal exercise of jurisdiction or impugned decision has resulted in the manifested perversity or illegality, it has to be put in appropriate legal shape.9. ..... which was dismissed by order dated 5.11.1985 affirming the order of the consolidation officer against which there was revision under section 35 of the act of 1956, which was decided by the deputy director, consolidation (hqs), patna, (respondent no. ..... the relevant provisions of the bihar consolidation of holdings & prevention of fragmentation act, 1956 ('act of 1956') have been considered and examined for the purpose of appreciation of the submissions raised in this writ application under article 226 of the ..... it will be interesting to refer to the definitional clause of the act of 1956 as devised and designed for consolidation of holdings and prevention of fragmentation in the ..... body has any objection against the entry in survey register before the consolidation officer, he has been empowered to file an appeal under sub-section (6) of section 10 of the act of 1956 as could be seen from the aforesaid provisions. ..... inclined to follow the principles adopted in similarly situated other cases of this court and is inclined to remit the matter back to the director, consolidation to hear the entire matter afresh in terms of section 35 of the act of 1956 after restoring the consolidation revision no. ..... the authorities under the consolidation act of 1956, being judicial authorities, obviously, have to .....