Judgment Search Results Home > Cases Phrase: appropriation act 2005 Court: patna Page 19 of about 2,650 results (0.037 seconds)

Baijnath Prasad and ors. Vs. Jaimangal Limited and ors.

Court : Patna

..... contained in any other law for the time being in force or in the memorandum or articles of association of an industrial concern or in any other instrument having effect by virtue of any law other than this act, but save as aforesaid, the provisions of this act shall be in addition to, and not in derogation of, any other law for the time being applicable to an industrial concern.' 7. ..... the winding up order, the biscico, as a financial institution established under section 3 of the state financial corporations act, 1951, is entitled to take over the management of an industrial concern under section 29 of the act and also entitled to take steps for the sale of its assets for realisation of its dues. ..... biscico appearing in support of the application, submitted that the biscico had taken charge of the assets of the company in exercise of its statutory powers under section 29 of the state financial corporations act, 1951 ('sfc act', for short), after long contest on october 15, 1996, that is, much prior to the winding up order. ..... pointed out that it has been appropriating a sum of rs. ..... the obligation of the company under different statutes, such as the income-tax act has also to be discharged and being the liquidator of the company, the official liquidator has to discharge ..... want to make any in depth examination of the matter, in view of the fair stand taken by counsel for the biscico that it is prepared to act in tandem with the official liquidator and as per the terms of this court. .....

Smt. Chanda Devi Vs. State and ors.

Court : Patna

..... summary procedure for eviction and recovery of rents :-- (1) notwithstanding anything contained in the transfer of property act, 1882 (act i of 1882), the code of civil procedure, 1908 (act 5 of 1908) or any other law for the time being in force, if the competent authority is of opinion --xx xx xxafter the aforesaid non obstante clause sub-section (1) splits up ..... it is not required to interpret the true scope of section 59 of the act and to make a pronouncement whether section 59 is wide enough to avoid and nullify a registered lease deed executed in favour of the allottee and i propose to leave that, question open to be decided in an appropriate case. ..... 24-7-1985 (annexure 5) was issued by the executive engineer of the board asking the petitioner to remove her unauthorised occupation from the plot within 15 days falling which appropriate proceedings would be initiated against her.7. ..... the non obstante clause in sub-section (1) of section 59 and submitted that notwithstanding the registered sale deed in favour of the allottee he could be evicted in terms of section 59 of the act in case his actions (or omissions) attracted any of the grounds enumerated in that section.11. ..... that a lease deed could be avoided only by a declaration made by a competent court of civiljurisdiction in a suit filed before it seeking appropriate reliefs).9. ..... the order passed in the suit or in the proceeding under section 59 of the act if assailed before this court, will be judged on their own merits and in .....

Sunil Kumar, and ors. Vs. State of Bihar.

Court : Patna

..... from the aforesaid provision, it is evident that after the date of occurrence relating to commission of any offence under the excise act, if prosecution instituted beyond the period of six months from the date of the occurrence, no court shall take cognizance of the offence. ..... if the legislature intended that the cognizance is to be taken within six months, then it would have been provided that the cognizance is to be taken within six months from the date of the act complained of and there was no need to use the words prosecution is instituted in the section within the aforesaid period. ..... it would be appropriate to quote the provision contained in section 96 of the bihar excise act,1915, which is as follows :"96. ..... in view of the law settled by this court as well as provision contained in section 96 of the act, there is no option before this court except to quash the impugned order as well as entire criminal proceeding so far petitioner is concerned.8. ..... - no civil court shall try any suit against the government in respect of anything done, or alleged to have been done, in pursuance of this act, and, except with the previous sanction of the state government, no magistrate shall take cognizance of any charge made against any excise officer under this act or any other law relating to the excise-revenue or made against any other person under this act. ..... the learned magistrate was of the view that specific case under sections 47(a), 55 and 57 of the bihar excise act was made out.3. .....

Priya Ranjan Kumar Mehta Vs. the State of Bihar Through Department of ...

Court : Patna

Reported in : 2012CrLJ2295

..... error, omission or irregularity in, the sanction required under sub-section(1), unless in the opinion of that court, a failure of justice has in fact been occasioned thereby; (b) no court shall stay the proceedings under this act on the ground of any error, omission or irregularity in the sanction granted by the authority, unless it is satisfied that such error, omission or irregularity has resulted in a failure of justice; (c) no court shall stay the ..... for just decision in the matter, it would be appropriate to quote section 19(3) and section 22 of the prevention of corruption act, 1988, which are as follows:- 19(3) notwithstanding anything contained in the code of criminal procedure, 1973 (2 of 1974),- (a) no finding, sentence or order passed by a special judge shall be reserved or altered by a court in appeal, confirmation or revision on the ..... the high courts to list all cases in which such stay is granted before the court concerned so that appropriate action can be taken by that court in the light of this decision. ..... - the provisions of the code of criminal procedure, 1973 ( 2 of 1974), shall in their application to any proceeding in relation to an offence punishable under this act have effect as if,- (a) in sub-section (1) of section 243, for the words the accused shall then be called upon, the words the accused shall then be required to give in writing at once ..... versus state of kerala), (2005) 8 scc 130 (state of goa versus babu thomas) and (2005) 8 scc 370 (state .....

The State of Bihar Vs. Dr. Tripti Sinha

Court : Patna

..... petition in getting an order of bail in his favour and as such, the court was of the opinion that the act besides being an act of contempt, on account of meant to influencing the judgment of the court, was also an act which could be an offence committed by a public servant during discharge of his/her public duty in recording a report which could be utilized in a judicial proceeding and as such, directed issuance of notice to the ..... the matter is referred to the appropriate bench so far it relates to issue of notice on commission of contempt to ..... tripti sinha has to be referred to an appropriate bench which could be assigned with the duty of hearing contempt proceeding initiated suo motu ..... radiological and other physiological aspects of assessing the age of a person and an attempt was made that the opinion that the victim was below 14 years of age, may not be an intentional act or an act which could be impinging upon the conduct of the respondent regarding the commission of an offence by her. 4. ..... 35391 of 2008 and that could give rise to sufficient reasons for taking cognizance of an act of contempt committed by the respondent with an intent to influencing the judgment of this court by ..... may appear from paragraph 8 of the show cause and the respondent has submitted that it could be merely an opinion dependent upon the opinion of the radiologist and it could not be said to be an act intentionally done so as to influencing the result in a particular proceeding pending before the court.3. .....

Sunil Kumar Mehrotra Vs. State of Bihar and anr.

Court : Patna

..... merely because certain proceedings had been initiated for recovery of the debts under section 29 of the state financial corporation act and the public demand recovery act, the payments not having been made in the said proceedings, cannot be aground to urge that the present post-dated cheques were not made in satisfaction of debts or liability. ..... the complainant corporation after appropriate inquiry/formalities sanctioned the term loan to the company m/s. ..... rana paratap singh very rightly placed reliance upon section 139 of the negotiable instruments act to contend that there was a 'presumption' in that law that a post-dated cheque was also given in satisfaction of a debt or liability and the aforesaid provision creates a presumption in favour of holder of cheque. ..... a contrary view that such action would fall outside the purview of section 138 of the negotiable instruments act would amount to allowing the parties to take advantage of his own wrong.8. ..... it was the contention of the petitioner that under section 5 of the contract act the offeror or can revoke his proposal at any time before acceptance. ..... proceedings under the public demand recovery act, 1914 were also initiated on 31.3.2002 to recover the dues ..... this court under section 482 would not act as if it was a trial judge. ..... the object and ingredient, under the provisions of sections 138 and 139 of the act cannot be ignored. ..... these proceedings were the subject-matter of the state finance corporation act and the public demand recovery act. .....

Ahmad Ali Akhtar and anr. Vs. Union of India (Uoi) and anr.

Court : Patna

..... however, when proceedings are taken before a tribunal under a provision of law, which is ultra vires, it is open to a party aggrieved thereby to move the court under article 226 for issuing appropriate writs for quashing them on the ground that they are incompetent, without his being obliged to wait until those proceedings run their full coruse.13.3. ..... whether such part will remain a part of the territory of india;(e) 'tribunal' means the tribunal constituted under section 5 ;(f) 'unlawful activity', in relation to an individual or association, means any action taken by such, individual or association (whether by committing an act or by words, either spoken or written, or by signs or by visible representation or otherwise), -(i) which is intended, or supports any claim, to bring about, on any ground whatsoever, the cession of apart of the territory of india or the secession of a part of the territory of ..... it is no doubt true that though an act confering a power may not be successfully challenged, if there is any abuse of power it can be challenged by appropriate action. ..... a society called the people's education society an unlawful association.the respondent, who was the general secretary of the society, applied to the high court under article 226 of the constitution complaining that the impugned act and the order referred to above infringed the fundamental right conferred on him by article 19(1)(c) of the constitution to form associations or unions and seeking appropriate reliefs. .....

Ranchi Club Ltd. Vs. Commissioner of Income Tax and ors.

Court : Patna

..... 148, after taking into consideration the amount of tax, if any, already paid under any provision of the act, the assessee shall be liable to pay such tax, together with interest payable under any provision of the act for any delay in furnishing the return or any default or delay in the payment of advance tax, before furnishing the return and the return shall be accompanied by proof of payment of such tax and interest.8 ..... (supra) the supreme court, while considering the provisions in regard to leviability of interest in the context of the rajasthan sales-tax act, 1954, made the following observation :'therefore, so long as the assessee pays the tax which according to him is due on the basis of information supplied in the return filed by him, there would be no default on his part to ..... no person can make a grievance as to any provision which enjoins upon him the obligation to submit the return in respect of his taxable income or to pay advance tax at the appropriate time and within the prescribed period. ..... at the stage, it would be appropriate to notice the said provisions so far as relevant for the purpose of this case ..... 234a as amended by the direct tax laws (amendment) act, 1989, provides that 'where the return of income for any assessment year under sub ..... the petitioner, a company registered under the indian companies act, has challenged the validity of the assessment order and consequential demand notice under the it act, 1961 (hereinafter referred to as 'the act'), for the asst. yr. .....

Arvind Kumar Vs. Smt. Umapati Devi and ors.

Court : Patna

..... so that the motion for removal of the judges fails and the proceedings terminate but in doing so it does take the decision to not adopt the motion because it declines to accept and act on the finding of guilty'' appropriate that the probate case be disposed of first and so long as that is not disposed of, the proceeding of the partition suit should be stayed.6. in dr. n.p. ..... section 21, has been given, in addition to original jurisdiction power to entertain an appeal against the order of the state commission or to call for the records and pass appropriate orders, in circumstances enumerated under clause (b) thereof, in any consumer dispute pending before or decided by any state commission. ..... were a decree or an order made by a court an a civil suit pending therein; it shall be lawful for the district forum, state commission or national commission to send its orders, in case of it inability to execute it, for execution to the appropriate executing court. ..... by operation of section 22, the power of a civil court as specified in sub-sections (4), (5) and (6) of section 13 of the act are vested in the national commission for disposal of any complaint or proceedings before it; the procedure to be followed by it shall be such as may be ..... for specific enforcement of the act, section 27 gives sanction of the state for imposing penalties against the traders or persons against whom a complaint is made if fails to comply the order passed by the aforesaid district forums, national commission .....

The Associated Cement Companies Ltd. Vs. State of Bihar and ors.

Court : Patna

..... by the notification will be extended to the entire erstwhile state of bihar including the area which has now fallen into the state of jharkhand under section 84 of the bihar re-organisation act, 2000 (hereinafter referred to as the act) and the authorities have wrongly held that after the unit has fallen into the state of jharkhand, the benefit of exemption cannot be granted by the state of bihar in the matter ..... --for the purpose of facilitating the application in relation to the state of bihar or jharkhand of any law made before the appointed day, the appropriate government may, before the expiration of two years from that day, by order, make such adoptions and modifications of the law, whether by way of repeal or amendment, as may be necessary ..... is liable to pay sales-tax after 15-11-2000 on sale of goods earlier exempted by exemption certificate dated 20-12-1995 granted in favour of it under section 7 (3)(b) of the bihar finance act in terms of the industrial policy of the state for a period from 1-4-1998 to 31 -3-2007 and directed it to make the payment of sales-tax on a date specified in ..... are entitled to any such benefit has to be considered with reference to the statutory orders made under the bihar finance act because notwithstanding the terms of the policy, unless corresponding provisions are made by issuing notifications/orders under the bihar finance act to carry out the objects of the industrial policy, a trader does not get benefits of any sales tax exemption.'24. .....