Judgment Search Results Home > Cases Phrase: appropriation act 2005 Court: patna Page 7 of about 2,650 results (0.030 seconds)

Commissioner of Income Tax Vs. Kailash Crockery House

Court : Patna

..... following question for opinion of this court under section 256(1) of the income-tax act, 1961 (hereinafter referred to as 'the act') : 'whether after insertion of explanation 1(b) of section 271(1)(c) of the income-tax act, 1961, which was applicable for the impugned assessment year, the tribunal was justified in cancelling the entire penalty under section 271(1)(c) of the income-tax act, 1961, even when it had sustained some trading addition in rejecting the assessee's ..... during the relevant period it is this explanation which was in force it would be appropriate to quote the same so far as relevant, as hereunder : 'explanation 1--where in respect of any facts material to the computation of the total income of any person under this act,-- . . . ..... fact, in view of the finding of the tribunal i am satisfied that the ingredients of clause (c) of section 271(1) of the act are not made out and, therefore, it is unnecessary to go into the scope of the explanation and the proviso thereto. ..... question referred for opinion, as noted at the outset, is as to whether in view of explanation 1(b) appended to section 271(1)(c) of the act as applicable during the relevant assessment year, the tribunal committed an error in cancelling the penalty. ..... the case of mussadilal ram bharose : [1987]165itr14(sc) , the high court had rejected the application of the department seeking reference under section 256(2) of the act observing that the matter was concluded by findings of fact recorded by the tribunal. .....

Upendra Nath Chaudhary Vs. High Court of Judicature at Patna and anr.

Court : Patna

..... the writ petition then goes on to discuss the aims and objects of the act, its different provisions and the machinery set up under the act (and the rules framed under it) to call for pre-sentence report and in appropriate cases to release the convicted accused on probation of good conduct and also to keep the convict, released on probation, under ..... the words 'if any' would only cover a case where notwithstanding such requisition, the probation officer for one reason or the other has not submitted a report.before deciding to act under section 4(1), it is mandatory on the part of the court to call for a report from the probation officer and if such a report is received, it is mandatory on the part of ..... so far as section 360 of the code is concerned, on and from the date of extension and enforcement of the provisions of the probation act to delhi powers under section 562 of the old code and after its repeal and replacement powers under section 360 of the code, cannot be invoked or applied at all, as has been ..... state at delhi 2005 scc (cri) 1322 : 2005 cri lj 3077, the supreme court further held that though the court may not be bound by it, calling for a report under sub-section (2) of section 4 was mandatory and the consideration ..... state showing the numbers of pre-sentence enquiry reports called for and supervision orders made by the courts as received by probation officers all over the state in the years 2004, 2005 and 2006. ..... in 2005, the number of orders for pre-sentence enquiry was .....

Delhi Cloth and General Mills Co. Ltd. and ors. Vs. the Agricultural P ...

Court : Patna

..... india : - the proceeds of the duty of excise levied under sub-section (1) of section 3 shall first be credited to the consolidated fund of india and the central government may, if parliament, by appropriation made by law in this behalf, so provides, pay to the board, from time to time, from out of such proceeds (after deducting the cost of collection) such sums of money as it may ..... of storagefacilities;(ii) establishment of processing units, in respect of oilseeds, and rendering such financial or other assistance as may be considered necessary for such purposes;(iii) promotion of oilseeds growers' cooperatives and other appropriate agencies, with a view to achieving integration between production, processing and marketing of oilseeds;(h) recommending measures for regulating import, export or distribution of oilseeds or products of oilseeds or vegetable oils in the ..... up, establish, or continue, or allow to be set up, established or continued, any place for the purchase, sale, storage or processing of any agricultural produce so notified, except in accordance with the provisions of this act, the rules and bye-laws.explanation- a municipality or other legal authority or any other person shall not be deemed to set up, establish or continue or allow to be set up, established or continued a place as ..... meaning of the act but no market fee can be realised on the sale or purchase of this commodity, until and unless there are appropriate notifications under sections 3 and 4 of the act in .....

Mukesh Kumar and ors. Vs. Commissioner of Income-tax and ors.

Court : Patna

..... in favour of the person moving the settlement commission and in such a situation as the settlement commission has power to grant immunity from prosecution under section 245h of the act in appropriate cases, it would be proper in the interest of justice to stay the criminal proceeding with regard to the matters in issue pending for decision before the settlement commission till ..... a representative duly authorised in this behalf, and after examining such further evidence as may be placed before it or obtained by it, the settlement commission may, in accordance with the provisions of this act, pass such order as it thinks fit on the matters covered by the application, and any other matter relating to the case not covered by the application, but referred to in the report ..... on the other hand, contended that mere pendency of an application before the settlement commission is not a valid ground either to quash the prosecution under section 276c and 277 of the act or to stay the prosecution till the final determination of the matter by the settlement commission inasmuch as a criminal proceeding cannot be quashed or stayed on the ground that there is expectation ..... act provides that the prosecution under sections 276c and 277 of the act and other sections has to be launched after the previous sanction of the commissioner or the appropriate ..... the act having a bearing on the question in issue and in an appropriate case it may drop the proceedings in the light of an order passed under the act. .....

Dwarika Nath Pahari and ors. Vs. Ganga Bishun Pahari

Court : Patna

..... emperor) which held that the said act, provides a mere appropriate remedy in cases involving disputes regarding succession to estates involving breaches ..... counsel for the revision-petitioners also submitted that section 208 of the act, provides that there was no impediment in filing an appropriate suit by the applicant (op of this revision). ..... 18/2002 which was filed by the opposite party of this civil revision under section 192 of the indian succession act, 1925 (hereinafter to be referred to as 'the act' for the sake of brevity) claiming a right of succession over the suit property, possession of which was alleged to be taken away by the revision-petitioners who were opposite parties in the ..... the case law, namely mahant goswami krishnadevanand, supra, is concerned, it merely held that where grounds of satisfaction under section 193 of the act had been recorded by the court below, it can not be challenged in revision under section 115 cpc. ..... the instant case there is no such finding of satisfaction at all as provided under section 193 of the act, and hence further proceeding under section 194 of the act, is clearly illegal, unjustified and beyond the jurisdiction of the learned court below.11. ..... it was also contended on behalf of the revision petitioners that summary remedy under part-7 of the act, was not available where a person is in possession and there is a dispute of title and specially when the objectors namely, the revision-petitioners are in possession since the life time of .....

Braj Kishore Singh and ors. Vs. State of Bihar and ors.

Court : Patna

..... large scale illegal appointments without availability of posts have been made in different establishment /organisations in this state in recent times and the legislature though it appropriate to intervene and make the provisions which would deter the college/university authorities from making illegal appointments because, more often than not, it is the state which was to bear the financial burden of the ..... of sanction of the posts by the state government in view of the provisions of section 35 of the universities act, it would be appropriate at this stage to notice the relevant provisions as hereunder:-notwithstanding anything contained in this act, no university or any college affiliated to such a university except such college-(a) as is established, maintained or governed by the state government; or(b) as is established by religious or linguistic minority;(i) after the commencement of this act no teaching or non-teaching post involving financial liabilities shall be created without the prior approval ..... provisions for teachers and non-teaching staff, is a condition precedent for grant of approval in the matter of affiliation and without affiliation the college cannot claim the privileges of university under the provisions of the universities act or the statutes framed thereunder, it is obvious that literal interpretation and a steadfast insistence on prior approval of the state government in the matter of creation of posts and appointment may lead to any absurd situation .....

Dr. Parsuram Tiwary Vs. Ranchi University and ors.

Court : Patna

..... statutes, ordinances and regulation-until statutes, ordinances, regulation and rules are made under the appropriate provisions of this act, such statutes, ordinances, regulations and rules made or deemed to have been made under the bihar act 14 of 1960, bihar act 4 of 1962, bihar act 21 of 1965 and the lalit narain mithila university (second ordinance), 1976 (bihar ordinance ..... of the submission of the learned counsel it would be appropriate to notice the relevant provision of the act and the statutes ..... writ application the petitioner has prayed for issuance of an appropriate writ for quashing of the order as contained in memo ..... the ranchi university to consider the matter regarding appointment of head of the department afresh and issue an appropriate order within a period of three months. ..... learned counsel then referred to section 34 of the bihar state university act, 1976 (hereinabove referred to as the 1976 act) and submitted that the provision of the statutes will prevail ..... senior most teacher and, therefore, in terms of provision of section 26 (6)(ii) of the bihar state universities act, 1976, the senior most teacher in the department has to be appointed as head of department. ..... appearing on behalf of the petitioner has drawn my attention to the rules governing condonation of break in services of teachers which rule was framed under the bihar state universities of patna, bhagalpur and ranchi) act, 1960 which reads as under:-rules governing condonation of break in services of teachers.1. .....

Sanjay Kumar Singh S/O Late Dilip Kumar Singh Vs. the State of Bihar a ...

Court : Patna

Reported in : 2009(57)BLJR2281

..... as to whether any person is or is not the legal representative of the deceased land-holder, such question shall be determined by the collector or the appropriate authority.it appears to me on a conjoint reading of section 45 of the act, and rule 55 of the rules, that the primary duty for substitution is on the legal representatives of the deceased land-holder. ..... arising out of orders passed under section 8 or sub-section (3) of section 16 pending before any authority on the date of commencement of the bihar land reforms (fixation of ceiling area and acquisition of surplus land) (amendment) act, 1982, shall abate: provided further that such appeal, review or reference arising out of orders passed under section 8 or sub-section (3) of section 16 as has abated under section 13 of the bihar land reforms (fixation ..... - if the land-holder dies during the pendency of a proceeding, appeal or revision under this act, the collector or the appropriate authority, as the case may be, shall on an application made in this behalf or on his own motion substitute the name of the legal representatives in the manner prescribed in the rules, and the proceeding, ..... is received within the period prescribed under sub-rule (1), collector or the appropriate authority shall proceed to substitute the name of the legal representative on his ..... view that the ultimate responsibility in the scheme of the act for substitution of the legal representatives of the deceased land-holder is on the appropriate authority.10. .....

Lal Muni Devi Alias Kumar and ors. Vs. State of Bihar and ors.

Court : Patna

..... in the extract under sub-section (1) of section 12 are to be treated as final allotment orders for the raiyats and under-raiyats concerned under sub-section (3) of section 13 of the act and under section 14 of the act the consolidation officer is to fix the date with effect from which the final consolidation scheme is to come into force and shall modify the same in the unit in the prescribed manner, whereafter ..... of consolidation for-re-publication of the register of lands if he is satisfied that larger number of raiyats on or under raiyats could not avail the opportunity to file their objections under sub-section (2) of section 10 of the act after recording reason s in writing and any person may within twenty days of such re-publication, file before the assistant consolidation officer objection in respect thereof disputing the correctness of entries in the register of lands or in the ..... held by the appellate authority as well as the revisional authority that the objection filed by the petitioner was not maintainable in view of the bar contemplated under section 10-a of the act, as he had not raised nay objection at the appropriate stage under section 10 (2) of the act. ..... the petitioner ought to have agitated the matter under section 10 (2) of the act at the appropriate stage, but having not done so, he was not entitled to raise and objection at any subsequent stage of consolidation proceeding in view of the bar imposed by the provision contained in section 10-a of the act.9. mr. .....

Kanhai Rai and ors. Vs. Dharampal and ors.

Court : Patna

..... of the specific provision contained in section 144, under chapter x of the (under which section 140 also falls), to the effect that the provision of this chapter shall have effect notwithstanding anything contained in the act or in any law for the time being in force, the provisions of chapter xi dealing with insurance of vehicle against the third party risks could not be resorted to for fixing liability on the insurer under ..... and of the use of a motor vehicle, owner shall be liable to pay compensation in respect of such death or disablement, but the conjoint reading of the said provision and the provisions contained in chapter xi of the act, which deals with the insurance of motor vehicles against the third party risks, clearly shows that the liability in relation to death of or bodily in-jury to any person is covered by the insurance policy includes the liability ..... (respondent herein) against the order dated 25-6-1999 passed by the motor accidents claims tribunal (for short 'the tribunal') under section 140 of the motor vehicles act 1988, (hereinafter referred to as 'the act') directing it to pay the interim compensation on no fault basis and further held that the insurance company is not liable to pay the interim compensation under the aforesaid section and it is the owner alone ..... have relied upon the provisions of the act as well as upon the decisions rendered by the apex court as well as by the different high courts, which will be referred to at the appropriate places. 6. .....