Court : Patna
..... before analysing the question it would be most appropriate to look into the relevant provision of the army act namely section 122 which reads as under:period of limitation for trial-(1) except as provided by sub-section (2), no trail by court-material of any person subject to this act for any offence shall be commenced after the expiration of a period of three years and such period shall commence-(a) on the date of the offence; or(b) ..... indulgence of this court for issuance of appropriate writ in the nature of certiorary for quashing the order dated 22.4.1998 purported to have been issued for convening general court martial for commencing trial of petitioner for offence alleged to have been committed under sections 52(f) and 63 of the army act read with section 34 of the indian penal ..... general madcm lalyadav : [1996]3scr785 , has gone in detail interpreting the words 'trial commenced' observed:it would, therefore, clear that trial means act of proving or judicial examination or determination of issues including its own jurisdiction or authority in accordance with law or adjudging guilt or innocence of the ..... further prayer has been made for appropriate direction to the respondents restraining them from ..... the petitioners' contention is that the commanding officer who happened to be the enrolling officer under the army act has come to knowledge about the alleged irregularities while checking up of entire documents on 11.2.95 and counter-signing the same, the limitation for commencing .....
Tag this Judgment!Court : Patna
..... documents annexed with the petition and the counter affidavits filed by the respondent-state, it would clearly appear that the state government had taken a firm and positive stand for issuance of appropriate notifications in terms of the industrial policy, 1995 and it was being actively considered by the government (please refer to para 13 of the affidavit dated 16.10.2000). ..... to industrial policy, 1995, after consideration of the said proposal vide annexure-5 the state level committee decided to seek the legal opinion of the advocate general, bihar that whether under the provisions of bihar finance act the benefit of sales tax exemption could be considered for 'a potentially viable sick industrial unit' or not and if the said benefit cannot be extended under the existing provisions what amendments should be made in ..... the sick ssi units would be identified as per guidelines given by rbi/idbi, appropriate packages of reliefs and concessions for such units would be approved for their rehabilitation. ..... in fact the policy obliged the state government to appropriately monitor issuance of the follow up notifications within one month by concerned departments and organisation to give effect to the provisions of ..... 13 they made a statement on oath that issuance of appropriate notification was being actively considered by the government. ..... in paragraph 13 it was clearly stated that the issuance of appropriate notification in terms of the industrial policy, 1995 was being actively considered by .....
Tag this Judgment!Court : Patna
..... consideration are (a) whether the dismissal of the plaintiff from service was in accordance with the conditions of the contract of service and the provisions of the certified standing orders, framed under industrial employment (standing orders) act, 1946 and, if so, (b) whether the plaintiff was entitled to a decree for damages against the defendants/appellants; and (c) whether such a claim was barred by limitation, on the day the plaint was presented ..... agreed with the views of the trial court that jurisdiction of the civil court was barred with respect to the remedies which are available under the provisions of the industrial disputes act, but held that right of the plaintiff to sue for the breach of contract of service was maintainable before the civil court, because the right to sue for damages stands on a different ..... answering the issue whether the suit for a decree of damages in view of the amendment of the plaint on august 12, 1975 as barred by the provisions of section 14 of the limitation act, the learned judge answered this issue in favour of the defendants and held that the plaintiff was not entitled for the alternative relief, since the cause of action arose on october 6, 1966 ..... say that the plaintiff did not act with due care and caution when he had entrusted the matter to an advocate for the appropriate remedy. 30. ..... objection was raised by the defendants at the appropriate stage, the plaintiff would have filed an application under section 14 of the limitation act. .....
Tag this Judgment!Court : Patna
..... ranchi, are directed to henceforth file and/ or refer all reference applications to the permanent bench of the patnahigh court at ranchi under section 256 of the act and section 27 of the wealth-tax act in respect of cases arising out of assessment and other orders of the income-tax-cum-wealth-tax officer or other officers of the income-tax department having ..... , to exercise its power on its administrative side and transfer all pending matters relating to references under section 256 of the income-tax act, 1961 (hereinafter to be referred to as 'the act' for short), and/or under section 27 of the wealth-tax act, 1957, arising out of the orders passed by the income-tax appellate tribunal in respect of assessment and other orders of the income ..... of the rules, and the principles of law enunciated by thevarious high courts, i have no hesitation in holding that for the purpose of reference under section 256 of the act, the jurisdiction of the high court should be determined on the basis of the place where the assessee carries on business or profession or vocation and in other cases the area ..... indian income-tax act, 1922, as well as section 269 of the income-tax act, 1961, define the jurisdiction of the high court in relation to the state to which the matters pertain and as interpreted by this court in the earlier decision above referred to, the rajasthan high court is the appropriate high court to ..... would be rather appropriate to consider some other relevant provisions of the act for coming .....
Tag this Judgment!Court : Patna
..... order is not on account of its being right or wrong, but on the principle that once an issue has been adjudicated between the parties before the appropriate forum in a valid manner, the parties cannot be permitted to avoid the consequences that flow from such adjudication after the order attains finality.20. ..... after the writ petition filed by the petitioner was allowed by this court, a show-cause notice was issued by the appropriate authority on april 14, 1994, calling upon the petitioner to appear and show cause as to why an order under section 269ud(1) for the property ..... on the other hand, counsel for the revenue contended that by reason of the order of the high court, the appropriate authority was directed to pass a fresh order in accordance with law, and, therefore, the provision with regard to limitation for exercise of such power did not ..... the petitioner has challenged the notice dated april 12, 1994 (annexure '8'), issued by the deputy commissioner of income-tax (appropriate authority), and the order passed by him dated july 26, 1994 (annexure '11'), whereby the competent authority has ordered the pre-emptive purchase ..... negativing the submission the court held that the act lays down a very tight schedule for the appropriate authority to make up its mind to purchase or ..... there was no provision in chapter xx-c of the income-tax act, 1961, which enabled the appropriate authority to create a situation whereby the government neither decided to purchase the property nor issue a .....
Tag this Judgment!Court : Patna
..... binding nature of the order is not on account of its being right or wrong, but on the principle that once an issue has been adjudicated between the parties before the appropriate forum in a valid manner, the parties cannot be permitted to avoid the consequences that flow from such adjudication after the order attains finality.reliance was placed upon the judgment of ..... stood quashed on the ground of violation of principles of natural justice.after the writ petition filed by the petitioner was allowed by this court, a show-cause notice was issued by the appropriate authority on april 14, 1994, calling upon the petitioner to appear and show cause as to why an order under section 269ud(1) for the property in question be not passed ..... authority to issue a no objection certificate to transfer the property within a period of four weeks.these authorities do support the proposition urged on behalf of the petitioner that if the appropriate authority fails to exercise its power to purchase the property in question within the period prescribed by law, it had no option but to issue the no objection certificate is favour of the transferor and the ..... . negativing the submission the court held that the act lays down a very tight schedule for the appropriate authority to make up its mind to purchase ..... . there was no provision in chapter xx-c of the income-tax act, 1961, which enabled the appropriate authority to create a situation whereby the government neither decided to purchase the property nor issue .....
Tag this Judgment!Court : Patna
..... of such transfer, the state government shall pay to the society a sum proportionate or equal as the case may be to the amount of the compensation awarded under the said act and paid by the society in respect of the land--the subject of transfer upon the acquisition thereof for the society including the amount awarded in respect thereof under section 23(2) of the said ..... whether an award can be made now on the basis of the notifications issued in the instant case under section 4 of the act on 1-6-1979 and under section 6 on 1-9-1980 having regard to the passage of time and the provision of section 11a of the land acquisition act, as amended in the year 1984.1 may only notice the submission of counsel for the petitioner that having regard to the limited ..... appropriate writ was issued quashing the impugned notification, an award could well be made by the collector even now, having regard to the fact that a limited order of stay was operating during the pendency of the writ petition, which period has to be excluded for the purpose of section 11a of the land acquisition act, ..... prayed for an appropriate writ/direction or order quashing the government notification dated 16th march, 1983, published in' the district gazette on 18th march, 1983 (annexure-1) withdrawing from the acquisition of land measuring 1.57 acres consisting of several plots situate in mohalla-sheikhpura in the district of patna, which was earlier notified for acquisition under the provisions of the land acquisition act. .....
Tag this Judgment!Court : Patna
..... the submission of the contribution cards with the stamps thereon duly cancelled by the appropriate office within time prescribed under regulation 26 alone would become the essence of payment to be deemed a complete payment, regulation 31-a was inserted in late 1977 and prior to that delay or default in making payment ..... regional director, employees' state insurance corporation, patna, patna electric supply undertaking a factory/establishment is covered, under the employees' state insurance act and were required to pay the contributions in accordance, with section 40 of the said act read with regulations 26, 29 and 34 of the employees' state insurance (general) regulations framed under the act and as the employer in relation to this factory/establishment failed to pay the; contributions as required by law, a notice for rs ..... (1) where an employer fails to pay the amount due in respect of any contribution or any other amount payable under this act, the corporation may recover from the employer by way of penalty such damages not exceeding the amount of arrears as may be specified in the regulations:provided that before recovering such damages, the ..... which is a sick industrial company in respect of which a scheme for rehabilitation has been sanctioned by the board for industrial and financial reconstruction established under section 4 of the sick industrial companies (special provisions) act, 1985 (1 of 1986), subject to such terms and conditions as may be specified in regulations. .....
Tag this Judgment!Court : Patna
..... it is true that when the contract was entered into biscomaun was being managed in terms of its bye-laws and it is a society under the societies registration act, but admittedly when the cause of action for filing of the writ application arose, the state of bihar has taken over the management of the biscomaun and the same are being run by an administrator. ..... held as follows:now, it is well-settled that the power of the high court to issue an appropriate writ under article 226 of the constitution is discretionary and the high court in exercise of its discretion does not ordinarily assist the tardy and the indolent or the acquiescent and the lathargic. ..... tarkant jha, learned counsel appearing on behalf of the petitioners, has, however, submitted that in terms of sections 4, 12, 15 and 16 (1) and (2) of the seeds act as also rules 24, 25 and 26 framed thereunder only such seeds can be tested which are collected by the inspectors appointed therefor. ..... it is true that in an appropriate case, the court may not refuse to exercise its discretion only because there exists an alternative remedy but in a case like the present one, when the dispute is between the parties to a non-statutory contract ..... he can either make an application under article 226 of the constitution to a high court or he can make an application to this court under article 32 of the constitution, or he can file a suit asking for appropriate reliefs. .....
Tag this Judgment!Court : Patna
..... when the tenant was inducted was enhanced nor the fair rent was determined after institution of the suit or after passing of the order under section 15 of the act of 1982 (section 11a of the old act), rather fair rent was determined about seven years before the institution of the suit and the order of the controller has attained its finality by the dismissal of ..... provision, like the rent control act, is made for a section of the society it may be at the cost of another section, but the making of such a provision or enactment may be necessary in the larger interest of the society as a whole but the benefit which is given initially if continued results in increasing injustice to one section of the society and an unwarranted largess or windfall to another, without appropriate corresponding relief, then the continuation ..... of the suit and the said order of fair rent attains its finality, having been affirmed in appeal or in revision and if an application under section 15 of the rent control act, 1982 is filed then the tenant shall be liable to deposit arrears of rent as also current and future rent at the rate so determined by the controller.17. ..... against an order of the appellate authority, it is open to the appellate authority or the commissioner to direct the tenant under section 16(2) of the bihar buildings (lease, rent and eviction) control act, 1982 to deposit rent during the pendency of such appeal or revision at the rate different from the rate fixed by the controller.'9. .....
Tag this Judgment!