Court : Patna
..... whether rule 56 of the bihar value added tax rule, 2005 can be so read as to give the prescribed authority the discretion to extend, in appropriate cases, the period for furnishing details of stocks for claiming input tax credit under section 16(1)(d) of the bihar value added tax act, 2005? ..... restrictions as may be prescribed, on sales of goods in the following circumstances, namely:(d) when a registered dealer holds in stock, on the 1st day of april, 2005 such goods as have been purchased by him on or after the 1st day of april, 2004 and which have suffered the incidence of tax under the bihar finance act, 1981 (bihar act of 1981) as it stood before its repeal by section 94 and -(i) he sells such goods within the state of bihar or in the course of inter ..... section 95 is as follows:declaration of stock of goods held on 1st april, 2005: every dealer who was registered under the bihar finance act, 1981 (bihar act 5 of 1981), as it stood before its repeal by section 94, or who makes an application for registration as a dealer on the 1st april, 2005 shall declare such details regarding the stock of goods held by him on the 31st march, 2005 in such manner and with such particulars and within such time and to such authority, as may ..... in light of what is noted above, it would be appropriate to take a look at section 95 of the act before proceeding to examine the relevant rules. ..... on 23.06.2005, the state enacted the bihar value added tax act, 2005 (bihar act no. .....
Tag this Judgment!Court : Patna
..... and findings above, while holding that the petitioner was not entitled to any pecuniary benefits upon his retirement, for his continuance in the college on 'ad hoc basis' in terms of section 6 of the act, annexure-1 can be quashed by this court, so far as it concerns the petitioner, on the ground of non-consideration of the case of the petitioner on the basis of relevant materials of his service career ..... by the state government has to examine the bio-data of each member of the teaching staff and ascertain whether appointment, promotion or confirmation was made in accordance with the act, statute or regulation of the university concerned and in keeping with the guidelines laid down by the indian medical council of india and take into consideration all other relevant materials ..... committees of experts and knowledgeable persons which will examine the biodata of each member of the teaching staff and ascertain whether appointment, promotion or confirmation was made in accordance with the act, statute or regulation of the university concerned and in keeping with the guidelines laid down by the indian medical council of india and take into consideration all other relevant materials ..... by its judgment dated 11.3.2005, the state government is hereby simply directed to get the case of the petitioner examined afresh by appropriate committee or authority for consideration of his case for absorption in the state government service in accordance with law and in terms of the provisions of the act. .....
Tag this Judgment!Court : Patna
..... it is appropriate at this stage to take note of the fact that their appointment were made conditional on any future order that may be passed by this court with regard to the results published by the commission, and that the ..... new accounts under the pension scheme, 2005 were also opened for them respectively.3. ..... they were then sent for orientation training, treasury training and under right to information act as a part of discharge of their duties. ..... 34 of 2005 published on 13.4.2005 by the respondent commission for the female category, all of them belonging to the extremely backward caste, backward and scheduled caste category.2. .....
Tag this Judgment!Court : Patna
..... however, it is made clear that quashing of the aforesaid case shall not preclude the competent authority under the essential commodities act/the 1966 order to take appropriate action in the matter permissible in law.8. ..... (2) the provisions of section [102 and 103 of the code of criminal procedure, 1898 (act v of 1898) relating to search and seizure shall, so far as may be, apply to searches and seizure made and to the articles or things seized under this clause."5. ..... no.1920/2005), including the seizure of 1800 liters of diesel by the assistant sub-inspector of police, akorhi gola police station made on 29th of july, 2005.2. ..... the prayer of the petitioner is to quash the entire proceeding spending in the court of the sub-divisional judicial magistrate, sasaram forthe offences under section 7 of the essential commodities act arising out ofakorhi gola p.s. ..... no.1920/2005) through fax on the cost being deposited by the petitioner. ..... case no.45/2005 along with further proceedings thereto is quashed. ..... case no.45/2005 is illegal as he was not competent and consequently, the report submitted by him could not be the basis for prosecution. ..... case no.45/2005 (tr. ..... case no.45/2005 (tr. .....
Tag this Judgment!Court : Patna
..... court had observed that whatever be the situation, it is of no use to keep the seized vehicle at the police station for a long period and it is for the magistrate to pass appropriate orders immediately by taking appropriate bond and guarantee as well as security for return of the said vehicle, if required at any point of time and the same can be done pending hearing of this application for return of ..... made to the case of manoj sahay (supra) in which it was held that the transport permits were valid for the remainder period by virtue of provisions contained under suction 67 (1) of the act and therefore, no action can be taken against the permit holders for not holding permits granted by the authority of the state as permits granted by the erstwhile state of bihar were valid permit ..... 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 enforce 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 ..... , (supra) it has been submitted that the same may be released to him after taking an appropriate bond and guarantee and also security for the return of the said vehicle. ..... valid from 23.7.2000 to 22.7.2005 and as such in terms of section 67 of the bihar reorganisation act, 2000 (in short the act) there was no tax .....
Tag this Judgment!Court : Patna
..... even that the issue of jurisdiction is not appropriately dealt with by the respondent no. ..... learned single judge in these context, has rightly taken the view that the original writ petitioner, before us, ought to have resorted to the provisions of section 60 of the pdr act as the same question, in appeal, is open to be considered and examined afresh.11. ..... let it be highlighted that the entire mechanism of the pdr act is devised and designed to consolidate the law relating to recovery of public demands in bihar and orissa it is a special statute that creates special jurisdiction in the ..... sub divisional certificate officer, dated 17.5.2005, would be final in appeal, as provided under section 60 of the pdr act. ..... also considered the facts and circumstances emerging from the record of the present case and the provisions of bihar & orissa public demands recovery act, 1914 ('pdr act' for short) were also examined.2. ..... it is, therefore, very clear that this pdr act provides special procedure for recovery of certain types ..... special procedure, hierarchy and authority under the act for achieving the purpose. ..... apparent from the preamble of the said act that the underlying object of the act is to enact a law for recovery of 'public demand' as defined under the pdr act. ..... 8795 of 2005, whereby, the writ petition under article 226 of the constitution of india filed by the original writ petitioner, appellant before us, came to be rejected on the ground that there lies an appeal against the impugned order .....
Tag this Judgment!Court : Patna
..... state 1980 supp scc 92, observed in para-6 as follows:this being the position of law, it would not be appropriate to hold that an order directing issuance of process is purely interlocutory and, therefore, the bar under sub-section (2) of section 397 would ..... learned counsel for the opposite party submits that there is no illegality in the impugned order dated 4.10.2005 taking cognizance and summoning the accused person to face trial, as well as the subsequent order dated 17.4.2007, rejecting the application of the petitioner for recall of the aforesaid ..... safe and sure test would be to consider whether the omission or neglect on the part of the public servant to commit the act complained of, would have made him answerable for a charge of dereliction of his official duty.18. ..... in order to come to the conclusion whether claim of the accused that the act that he did was in course of the performance of his duty was a reasonable one and neither pretended nor fanciful, can be examined during the course of trial by giving opportunity to the defence to establish ..... the object of the provision is that no public servant should be prosecuted for act committed by him reasonably in discharge of his official duty or purported to be in discharge of official duty, unless sanction has been obtained from the competent ..... assails the order taking cognizance and issuance of summons on the following grounds:a) the act alleged has been committed in official discharge of duty while being posted as i.g., c.i.s.f .....
Tag this Judgment!Court : Patna
..... considering the beneficial object of the act, it would be proper for the insurance company to satisfy the award for the present and, if it wants to contest the question of liability of payment of compensation, it may raise this issue and proceed to recover the same from the owner of the vehicle in appropriate proceeding in accordance with law as such liberty has already been granted by the claims tribunal.22. ..... has come to the conclusion that the multiplier of 15 would be the appropriate multiplier to work out the amount of compensation and, on the basis of the calculation, as per the structural formula provided in the second schedule for compensation for third party fatal accidents, it has come to the conclusion ..... of the victim, the earnings of the victim, age of the claimants and also the future prospect in respect of enhancement of wage as well as the price index and, thus, has come to the conclusion that '15' would be the appropriate multiplier in determining the compensation amount. ..... the executing court shall pass appropriate orders in accordance with law as to the manner in which the owner of the vehicle shall make payment to the insurer. ..... in support of his submission learned counsel for the appellant relies upon annexure-3, which is a copy of the order dated 25.08.2005, passed by the claims tribunal concerned, whereby a petition of the insurance company filed under section 170 of the act has purported to have been allowed. .....
Tag this Judgment!Court : Patna
..... enquiry officer found the petitioner and his predecessor district welfare officers did not discharge their duties in connection with disbursal of the scholarship amount in appropriate manner and were acting at the behest of the assistant concerned as they neither made payment through cheque nor confirmed the receipt of scholarship amount from the students ..... sub- divisional officer, piro and the district accounts officer in their reports dated 24.03.2003 and 7.11.2003 served on the petitioner under resolution of the government dated 21.04.2005 categorically proved the charges levelled against the petitioner with reference to the 36 annexures appended with the report dated 7.11.2003 that petitioner disbursed the scholarship amount through ..... the petitioner with the resolution dated 21.04.2005, annexure-6 petitioner in his subsequent written defence dated 26.09.2005, annexure-7 admitted receipt of the documents including the two reports along with its annexures as earlier under 17 letter dated 22, 25.05.2004 annexure-4 ..... petitioner but when such fact came to light after receipt of the representation from the petitioner dated 25.05.2004, annexure-4 another resolution of the government dated 21.04.2005 annexure- 6 was served on the petitioner enclosing the earlier charge sheet together with the documents referred to in the charge sheet and as documents were served on .....
Tag this Judgment!Court : Patna
..... at the outset we may note that although the writ petition has been filed under article 226 of the constitution for issuance of an appropriate writ, the petition was essentially filed under article 227 of the constitution to invoke the supervisory jurisdiction of the high court over the order of the divisional commissioner. ..... challenge to the said order in revision before the divisional commissioner under section 26 of the act has been rejected as being time barred. ..... after a round of litigation, the said application has been allowed on 24 th august 2005. ..... the respondent no.5 filed the application for determination of fair rent under section 5 of the bihar building (lease, rent and eviction) control act, 1982. .....
Tag this Judgment!