Court : Patna
..... the last of the dates upon which certified copy/copies of the order/orders of the high courts at calcutta and bombay sanctioning the scheme shall have been filed with the appropriate registrars of companies pursuant to section 394 of the said act (such last date being referred to in the scheme as 'the effective date') for the purpose of the scheme.'16. ..... the entire business and undertaking of the indian tube company limited, a public company having the registered office at 43, chowringhee road, calcutta 700 071 (hereinafter referred to as 'the transferor-company') shall without any further act or deed be and the same shall stand transferred to and vested in and be deemed to have been transferred to and, vested in the tata iron and steel company limited, a public company having its registered ..... office at bombay house, 24, homi mody street, fort, bombay 400 023 (hereinafter referred to as 'the transferee company') pursuant to the provisions of section 394 of the companies act, 1956 (hereinafter referred to as the 'said act') for all the estate and interest of the transferor company subject nevertheless to all changes if any then affecting the same and on the appointed day the transferor company shall be amalgamated with ..... it shall take effect finally from the last of the date upon which certified copy of the orders of the high courts sanctioning the scheme shall be filed with the appropriate registrar of the companies pursuant to section 394 of the companies act. .....
Tag this Judgment!Court : Patna
..... may usefully refer to section 2(b) as also section 20(1)(2) and (3) of the minimum wages act, 1948 which are in the following terms:section 2(b) 'appropriate government' means- (i) in relation to any scheduled employment carried on by or under the authority of the central government, or a railway administration or in relation to a mine, oil-field or major port, or any corporation established by a central act, the central government, and(ii) in relation ,to any other scheduled employment, the state government ..... is evident that the claim under the minimum wages act against the state bank of india can only be filed before an authority appointed by the central government as the appropriate government under section 20(1) of the act, which the presiding officer, labour court, purnea ..... state bank of india is a statutory corporation established by a central act, namely, the state bank of india act, 1955 and thus the appropriate government in respect to the state bank is the central government and any claim against the state bank of india under the minimum wages act has to be filed before the authority appointed under section 20(1) of the act by the central government as the appropriate government. ..... it is further submitted by him that under section 20(1) of the act the appropriate government may, by notification in the official gazette, appoint any commissioner for workmen's compensation or any officer of the central government exercising functions as a labour commissioner for any region, .....
Tag this Judgment!Court : Patna
..... it has to act fairly and the decision not to fill up vacancies is to be taken for relevant or appropriate reasons. ..... the decision not to fill up the vacancies has to be taken bona fide for appropriate reasons. ..... but the present education system, we can only say what was sensed by marcellus in scene v of act i in shakespeare's hamlet 'something is rotten in the state of denmark'. ..... -law is that mere inclusion in the select list does not confer on the candidates empanelled in the list an indefeasible right to appointment, but at the same time, it is also equally well-settled that the state cannot act on its whims or caprices. ..... however, it does not mean that the state has the licence of acting in an arbitrary manner. ..... state of j&k;, reported in (1993) 2 scc 573 has held that the other respect is the obligation of the government to act fairly. .....
Tag this Judgment!Court : Patna
..... power to adopt laws -- 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 adaptations and modifications of the law, whether by way of repeal or amendment, as may be necessary or expedient, and thereupon every such law ..... if such permit was, immediately before the appointed day, valid and effective in any area in the transferred territory, be deemed to continue to be valid and effective in that area after that day subject to the provisions of that act as for the time being in force in that area; and it shall not be necessary for any such permit to be countersigned by the state transport authority of jharkhand or any regional transport authority therein for the purpose of validating ..... permits, which were granted by the regional transport authorities or the state transport authority of the erstwhile state of bihar will be valid for both the successor states in terms of the provisions of section 67(2) of the bihar re-organisation act and as such the vehicle cannot be seized on the ground of not holding a fresh valid permit by the authorities of the state of bihar for playing the vehicle in this state.10. ..... section 85 of the bihar re-organisation act empowers the appropriate government before expiry of two years to adapt the existing law of the erstwhile state of bihar, with or without modification.15. .....
Tag this Judgment!Court : Patna
..... . that apart, it cannot be said that no guidance is given in the act in the matter of exercise of the power conferred by sub-section (2) of section 25n.............in the instant case the order under sub-section (2) granting or refusing permission for retrenchment is to be passed either by the appropriate government or authority specified by the appropriate government, and the said order is required to be a speaking order based on objective consideration of relevant facts after following the principles of natural justice ..... where a notice has been served on the appropriate government by an employer under sub-section (1) of section 25ffa and the period of notice has not expired at the commencement of the industrial disputes (amendment) act, 1976, such employer shall not close down the undertaking but shall within a period of fifteen days from such commencement, apply to the appropriate government for permission to close down the undertaking.4. ..... .'after its amendment by act 46 of 1982 the provision reads as follows :(1) an employer who intends to close down an undertaking of an industrial establishment to which this chapter applies shall, in the prescribed manner, apply for prior permission at least ninety days before the date on which the intended closure is to become effective, to the appropriate government stating clearly the reasons for the intended closure of the undertaking and a copy of such application shall also be served simultaneously on .....
Tag this Judgment!Court : Patna
..... be brought to the notice of the employees likely to be affected by grant of such applications and for that purpose notices can be (sic) suitably got affixed by the appropriate government on the notice boards of the concerns or factory premises of the establishments where the workmen are working mentioning the dates on which such applications are received and the grounds on ..... from the employees unions likely to be affected by the grant of such exemption so that within a short time thereafter as expeditiously as possible the appropriate government can form its opinion, if any, and complete the exercise if it is of the opinion that all the requisite conditions for exercise of the power under section 36 of the ..... though it is not necessary for the appropriate government before forming its opinion under section 36 of the act on the basis of the data furnished by the rival parties to give ..... appropriate government can form its opinion regarding grant of partial or full exemption to any establishment or class of establishments which are otherwise already covered by the sweep of the act the following factual conditions must be found to have existed at the relevant time to enable the delegate to exercise its power under act ..... act is a provision on the strength of which the appropriate government, having regard to the financial position and other relevant circumstances, may pass an order granting exemption to a company or establishment from the operation of all or some provisions of the said act .....
Tag this Judgment!Court : Patna
..... his case is remitted and forwarded to the board constituted to deal with juveniles under the juvenile justice (care & protection of children) act, 2000 for the district of muzaffarpur so that the board may pass an appropriate order in respect of this appellant mintu kumar @ mintu singh in accordance with law.19. ..... in view of sub-section (2) of section 7a we are required to forward the juvenile delinquent mintu kumar @ mintu singh to the board for passing appropriate order, and the sentence if any passed by a court shall be deemed to have no effect. ..... the appeal of mintu kumar @ mintu singh is allowed to the extent indicated above and his case is remitted back to the board for consideration of appropriate sentence in accordance with law. ..... in that view of the matter an appropriate order shall be passed in respect of mintu kumar @ mintu singh after we have considered the case of all the appellants on merits.8. ..... by the judgment and order under appeal dated 31st, august, 2005 passed by learned 7th additional sesssions judge, muzaffarpur in sessions trial no ..... by order dated 3-9-2005 appellant nand kishore singh has been awarded death sentence on account of allegation that in course of dacoity he shot and caused death of deceased madhukant jha ..... 763 of 2005) have been convicted for the offence under section 396 of the indian penal code ..... 643 of 2005) and appellant mintu kumar @ mintu singh (cr.appeal no ..... 622 of 2005), appellant maheshwar singh (cr.appeal no ..... 763 of 2005. ..... 7 of 2005 and cr.appeal no .....
Tag this Judgment!Court : Patna
..... this writ application is therefore, disposed of with a direction to the central government/state government to take appropriate action under section 10 of the contract labour (regulation and abolition) act in the matter of prohibiting the employment of contract labour in the work of civil maintenance in ctps ..... so far as question of authority of the state government to act as an 'appropriate government', as challenged by the petitioner, i am of the view that the petitioner cannot be allowed to raise such objection at the subsequent stage when the earlier notifications time to time issued by the state government as an appropriate government abolishing certain nature of work in the different establishment of the petitioner was given effect to ..... my attention to the earlier notifications and submitted that those notifications issued by the state government as an appropriate government has been given effect to by the petitioner without challenging the validity of such notification. ..... his argument and raised objection with regard to the authority of the state government to act as an appropriate government in the matter relating to the affairs of the petitioner. ..... in the circumstances, the appropriate order to make in the present cases is to direct the central government to take appropriate action under section 10 of the contract labour (regulation and abolition) act in the matter of prohibiting the employment of contract labour in the work of cleaning catering establishments and pantry cars .....
Tag this Judgment!Court : Patna
..... appellate authorities were relevant for the purpose of criminal proceedings and to avoid conflicting decisions of the criminal court on the one hand and the appellate authorities on the other held that it would be appropriate to grant an interim order of stay by which he allowed the work of recording of evidence to proceed but stayed the passing of the order about framing of the charge of discharge of ..... section 279(1) which require that a person shall not be proceeded against for an offence under section 276c of the act except with the previous sanction of the commissioner or commissioner (appeals) or the'appropriate authority has been complied with since no copy of the order granting previous sanction of the aforesaid authority has been ..... in this connection my attention has also been drawn to section 279(1) of the act, according to which a person shall not be proceeded against for an offence under section 276c of section 277 of the act except with the previous sanction of the commissioner or commissioner (appeals) or the appropriate authority provided that the chief commissioner or the director general may issue such instruction or directions to the aforesaid ..... further been stated that no appeal was filed by the present petitioner against assessment orders and penalty orders passed against him under section 271(1)(c) of the act and the appeal against penalty order under section 271(1)(b) was dismissed by the commission of income tax (appeals) ii vide his order dated 29-2-2000, .....
Tag this Judgment!Court : Patna
..... authorities were relevant for the purpose of the criminal proceedings and to avoid conflicting decisions of the criminal court on the one hand and the appellate authorities on the other held that it would be appropriate to grant an interim order of stay by which he allowed the work of recording of evidence to proceed but stayed the passing of the order about framing of the charge or discharge of the ..... not appear that the provisions of section 279(1) which require that a person shall not be proceeded against for an offence under section 276c of the act except with the previous sanction of the commissioner or commissioner (appeals) or the appropriate authority has been complied with since no copy of the order granting previous sanction of the aforesaid authority has been filed.13. ..... in this connection my attention has also been drawn to section 279(1) of the act, according to which a person shall not be proceeded against for an offence under section 276c or section 277 of the act except with the previous sanction of the commissioner or commissioner (appeals) or the appropriate authority provided that the chief commissioner or the director general may issue such instructions or directions to the aforesaid ..... appeal was filed by the present petitioner against the assessment orders and penalty orders passed against him under section 271(1)(c) of the act and the appeal against the penalty order under section 271(1)(b) was dismissed by the commissioner of income-tax (appeals)-ii, vide his .....
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