Judgment Search Results Home > Cases Phrase: appropriation act 2005 Court: patna Page 2 of about 2,650 results (0.026 seconds)

Vijoy Bahadur Singh and ors. Vs. Steel Authority of India Ltd. and ors ...

Court : Patna

..... the petitioners being perennial in nature and on continuous service and it has not been denied in that way but still for the purpose of acting within the purview of the act, there requires to be a specific finding to that effect and there should be a direction from the appropriate government, here in the present case, the central government and when the central government even after completion of fifty years of independence are keeping ..... in course of argument has stated that as per observations made by the apex court in air india statutory corporation (supra) perhaps there remains every scope to give appropriate direction in the present case, but according to him, the apex court has not considered the position of the government undertakings, corporations and that of the private companies ..... instance, on basis of the previous judgment of the apex court it was argued by the solicitor general that the appropriate government as mentioned under the industrial disputes act vis-a-vis the act itself should be the state government and not the central government but it was held that after amendment of the act in the year 1998, the appropriate government became the central government. ..... and also for a writ of mandamus directing the central government to take appropriate action for abolition of the contract labour in the mines of which respondent nos ..... the appropriate government has not come up with the order/direction/notification under the act being available against the petitioners and hence .....

Classic Automobiles Vs. State of Bihar and ors.

Court : Patna

..... hundred sixty-nine and forty paise) for the assessment years 1996-97 and 1997-98 respectively, two identical orders dated march 25, 1998 have been issued under section 27 of the bihar finance act, 1981 (hereinafter referred to as 'the finance act') by the assistant commissioner of commercial taxes, dhanbad, attaching the bank accounts of the petitioner in the oriental bank of commerce, dhanbad (hereinafter referred to as 'the bank') and directing the bank to pay ..... (2) where an importer who not being dealer in motor vehicle has purchased a motor vehicle for his own use from any other state or union territory then his liability under this act shall subject to such conditions as may be prescribed, be reduced to the extent of the amount of tax paid if any, under the general sales tax law in force in that state or union ..... the impugned orders have been challenged by the learned counsel for the petitioner on three grounds, namely, (i) they have been passed in violation of section 27 of the finance act inasmuch as no notice of demand under section 25 of the said act has been issued, non-compliance of which is a condition precedent for taking action under section 27, (ii) neither any assessment, proceeding as regards entry tax has been initiated, nor any assessment order has been passed ..... sub-section (2) of section 8 of the act makes the provisions of the land acquisition act, 1894, with due alterations of details or appropriate changes, apply in respect of any reference made to the court .....

Ashis Mukerji Vs. Union of India and ors.

Court : Patna

..... party or parties as the developer in its discretion thinks fit with the consent and approval of the owner and to receive and realise the prices in respect of the allotment and sale of such tenements and to appropriate the same and to transfer, as and when developed, part or parts of the said building from time to time, to one or more proposed co-operative societies or bodies corporate of the purchasers of tenements and for ..... person who may be in possession of the immovable property in question shall surrender or deliver possession thereof to the appropriate authority or any other person duly authorised by it within fifteen days of the service of such order on him. ..... appropriate authority, it department : [1990]185itr269(mad) .for all the aforesaid reasons, we hold that as long as the writ petition filed by the petitioners challenging the provisions of the act is kept pending and is not withdrawn or disposed of, it must be said that there is a dispute as to the entitlement of the petitioners to receive the amount of compensation and, therefore, the authorities are justified in making the deposit before the appropriate ..... appropriate authority, it department : [1991]190itr290(ap) , and to the following observation :'therefore, in our view, even a dispute as to the validity of the provisions of the act relating to compulsory acquisition or a challenge to the vesting order could raise a dispute as to the entitlement of the person to receive consideration within the period mentioned .....

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

Court : Patna

..... we have held above that in the case of central government company/undertaking, an instrumentality of the government, carrying on an industry, the criteria to determine whether the central government is the appropriate government within the meaning of the clra act, is that the industry must be carried on by or under the authority of the central government and not that the company/undertaking is an instrumentality or an agency of the central government for purposes of article 12 ..... of the parties but in the impugned orders no reason has been mentioned, the question in the present case is as to whether the petitioner comes within the ambit of section 47 of the act and the order of the state government dated 27.2.2001 indicates the reason for notifying the petitioner as undertaking of the government of jharkhand on the ground that it is covered under section 47 of the ..... 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 the secretary to the government of bihar in the department of energy has been informed that ..... petitioner before this court is the tvnl having its registered office at patna.the parliament enacted the bihar re-organisation act, 2000, providing for re-organisation of the state of bihar and it provided for formation of a new state of jharkhand comprising the .....

Dental Council of India Through Its Secretary, a Body Constituted Unde ...

Court : Patna

..... in the report of the inspecting team of the dental council (annexure-7), there ought not to have been any impediment in the matter of grant of permission by the council, recognition by the appropriate government and affiliation by the university but such was not to be and the circumstances created at the hands of the respondent authorities thus led to the filing of the second writ petition bearing ..... also requested the central government in its ministry of health and family welfare, new delhi, to issue appropriate directions to the dental council of india to carry out the necessary inspection for grant of recognition/affiliation ..... the university in response to the letter issued from the governor, secretariat for taking appropriate action in the matter of affiliation of the petitioner's institution responded vide letter dated 6.8.1996 (annexure-18), requiring the institution to obtain the permission of the state government ..... the said act as it existed prior to amendment also did not require any affiliation to be obtained from the university as a pre-condition for recognition/permission rather it is only subsequent to the dentist amendment act, 1993, and the regulations framed thereunder that the provisions containing pre-requisite conditions of permission/essentiality certificate from the appropriate government and affiliation from the ..... before proceeding further it would be appropriate to mention that the dentist act, 1948 is a parliamentary enactment for regulation of the .....

Narad Paswan Vs. Ranjan Tewary @ Ranjan

Court : Patna

..... ; that is to say, every person who is a citizen of india and who is not less than eighteen years of age on such date as may be fixed in that behalf by or under any law made by the appropriate legislature and is not otherwise disqualified under this constitution or any law made by the appropriate legislature on the ground of non-residence, unsoundness of mind, crime or corrupt or illegal practice, shall be entitled to be registered as a voter at any such election. ..... there was no question of respondent being residing within the territorial jurisdiction of nautan assembly constituency and he did not acquire the basic residential qualification as provided under section 20 of the 1950 act and inclusion of his name in the electoral roll of nautan assembly constituency from village baikunthwa was contrary to law and the electoral registration officer had no jurisdiction to enroll his name in ..... west champaran of bihar and he had applied for inclusion of his name in the electoral roll of the district of west champaran before the electoral registration officer under section 23 of the representation of people act, 1950 (in short, 1950 act) and electoral registration officer after following the prescribed procedure as enumerated in rule 26 of the representation of people (preparation of electoral rolls) rules, 1956 included his name in the revised electoral roll of ..... officer's act non est though his order may be liable to be set aside in appeal or by resorting to any other appropriate remedy.8 .....

Mithila Properties, Publication Vs. Assistant Commissioner of

Court : Income Tax Appellate Tribunal ITAT Patna

Reported in : (1997)63ITD113(Pat.)

..... found not to be storageworthy and the lessors have failed to make the godowns storageworthy after this fact has been intimated by the lessees to the lessors and the financing bank and reasonable time and appropriate opportunities have been afforded to the lessors to so, fci would have the right to terminate the lease by giving 15 days' notice and for recovering all the damages or losses on account of ..... the assessee for the purpose of 'its own business', a legal pre-condition and instead used for the purpose of earning income, they work liable to pay wealth-tax under section 40(3)(vi) of the finance act, the learned accountant member holding otherwise was of the opinion that the godowns, on the facts and in the circumstances of the case will stand excluded from the definition of term 'assets' as appearing ..... business in food grains which are stored in its own godown constructed for that purpose.the value of such godowns, in our view will not be regarded as assets for the purpose of section 40(3)(vi) of finance act, 1983 as the godowns are used by the assessee for its own business the business being purchase and sale of food grains and not as a means of earning income by letting out the godown as we find ..... of this view by an appropriate legal forum could create a dent in the finding of the tribunal referred to supra that the godowns in question were being used by the assessee for its business entitling them to jump out of the mischief of section 40(3)(vi) of the finance act.12. .....

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

Court : Patna

..... 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 of education has been prescribed in different states and in different medial colleges so that uniformity in the standard ..... a situation, it is obligatory -- in the interest of general public -- upon the authority granting recognition or affiliation to insist upon such conditions as are appropriate to ensure not only education of requisite standard but also fairness and equal treatment in the matter of admission of students ..... existing professional colleges which do not conform to the above norm shall be directed to take appropriate steps to comply with the same within a period of six months from today ..... . it was submitted that although the state is entitled to take regulatory measures by passing appropriate legislation for the management of institutions including technical institution but cannot prohibit establishment of a minority institution, inasmuch as such a policy decision will be violative of article 30(1) of the constitution of ..... no educational institution can run or survive unless it is recognised by the government or the appropriate authority and/or is affiliated to one or the other universities in the country .....

Subedar Mahto Vs. Joint Director of Consolidation and ors.

Court : Patna

..... held asfollows: 'if, therefore, the director of consolidation found that there was any irregularity in the proceeding or for that matter any injustice was being done, it was open to him to pass an appropriate order to further the case of socio economic justice,' section35oftheactalsofell for consideration before another division bench of this court in the case of hari narain singh v. ..... of such irregularity in the proceeding or illegality or- impropriety of any order, the director cannot exercise his power under section 35 to pass an order as he thinks fit and proper; the director has no power under section 35 of the act to set aside the findings of fact recorded by appellate authority/subordinate authority after considering the entire materials on record and substitute his own finding de novo, assessing the evidences on record and the director cannot ..... 3413/86 by joint director of consolidation, patna under section 35 of the bihar consolidation of holdings and prevention of fragmentation act, 1956 (hereinafter referred to as the act), whereby and whereunder the appellate order and the order passed by the consolidation officer were set aside. 2. ..... from the aforesaid discussion, decisions of this court as referred above and provision ofsection 35 of the act, it is clear that the director of consolidation can only interfere in the matter under section 35 of the act, if, (i) there is irregularity in a proceeding or (ii) the order passed by subordinate authority is incorrect, illegal .....

Muva Industries Ltd. Vs. State of Bihar and ors.

Court : Patna

..... it was pointed out that since the petitioner-company was manufacturing railway sleepers which could be used only by the railways, appropriate government would be the central government as defined under section 2(1)(i) of the 1970 act read with section 2(1)(a) of 1947 act, as this company must be deemed to be running under the authority of the central government since the company was to manufacture the concrete sleepers as per specifications laid down by the railways to which the petitioner-company ..... it was observed by their lordships in that case that the definition of 'appropriate government' occurring in the industrial disputes act is not in pari-materia with that of the one contained in the minimum wages act as the definition under industrial disputes act is in relation to industry carried on by or under the authority of the central government or by a railway company etc. ..... , certain provisions contained therein may be noticed: (a) section 2(1)(a) is as follows: ''appropriate government' means, -(1) (i) in relation to an establishment in respect of which the appropriate government under the industrial disputes act, 1947 (14 of 1947) is the central government, the central government;(ii) in relation to any other establishment, the government of the state in which that other establishment is situate;(b) section 2(1)(c):'contractor', in relation to an establishment, means a person who undertakes to produce a .....