Court : Patna
..... on the merits has been found 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 the final order is ..... , either in person or through 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 of the commissioner under sub-section ..... chapter xix-a was inserted in the act by the taxation laws (amendment) act, 1975, with effect from april 1, 1976, with a view to give effect to one of the ..... on behalf of the department, 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 of success by the accused persons .....
Tag this Judgment!Court : Patna
..... and normally the income-tax authorities would not be justified in refusing to an assessee a reasonable opportunity of representing his views when any order to the prejudice of the normal procedure laid down in section 64(1) and (2) of the act is sought to be made against him, be it a transfer from one income-tax officer to another within the state or from an income-tax officer within the state to an income-tax officer without it, except of course where ..... page 589 as follows : ' we may, however, before we leave this topic observe that it would be prudent if the principles of natural justice are followed, where circumstances permit, before any order of transfer under section 5(7a) of the act is made by the commissioner of income-tax or the central board of revenue, as the case may be, and notice is given to the party affected and he is afforded a reasonable opportunity of representing his views on the question and ..... filed the present writ application for quashing the order dated december 2, 1996, passed by the commissioner of income-tax, ranchi, in exercise of the power under section 127(2)(a) of the income-tax act, 1961 (hereinafter referred to as 'the act'), by which he has transferred the case of the petitioner from the assistant commissioner of income-tax, circle-1, ranchi, the assessing officer, to the assistant commissioner of income-tax, circle iv, under ..... this section was amended from time to time and was substituted by the direct tax laws (amendment) act, 1987, with effect .....
Tag this Judgment!Court : Patna
..... or even the forester is competent to seize them under indian forest act as amended 'by the bihar amendment act; and (ii) whether the entire criminal case is bound to fail and consequently the confiscation proceeding is also not ..... 'any forest offence' such an offence may or may not be in respect of the forest produce under this section, any forest officer nor below the rank of range officer or any police officer not below the rank of sub-inspector can, 'if he had reasonable ground to believe' that forest offence has been committed, exercise any of the powers mentioned therein including the power of seizure. ..... law for the time being in force may forest officer not below the rank of range officer of forest or any police officer not below the rank of a sub-inspector may, if he has reasonable grounds to believe that any forest offence has been committed in contravention of this act, enter upon, inspect and search any place premises, appurtenances thereto land, vehicle or boat and seize any illegal ..... power under section 52-d, whereunder only a forest officer not below the rank of range officer and a police officer not below the rank of sub-inspector can make seizure. ..... but it cannot be maintained that a valid and legal police report is the foundation of the jurisdiction of the court to take cognizance...the supreme court also held that taking of cognizance on the basis of the invalid police report 'is only in the nature of error in a proceeding antecedent to the trial' and to such .....
Tag this Judgment!Court : Patna
..... it is needless to say that no conviction can be passed on this sole circumstance.11 in the case of anil kumar (supra) 2007 (2) pljr page 622 a division bench of our high court highlighting the principle relating to conviction based on last-seen and relying upon the decision of the apex court in the case of ..... the evidence on record as noticed above is not sufficient to show that in all human probabilities the act must have been done by the appellant/accused.the facts of this case are similar to the facts mentioned in the above mentioned two decisions and the only circumstance which came against the ..... from his description in the proforma of the deposition that he is a resident of village deora, police station-hasanpur, district- samastipur, where he runs a tea shop. ..... he has asserted that he had stated before the police about the money transaction between the deceased a.nd the accused in the presence ..... , before the sub-inspector of police of hasanpur police station, that the previous day, on 24.6.1986, his brother shiv bahadur singh, mukhiya of his village, had gone to ..... singh, the assistant sub inspector of police, had prepared the formal f.i.r. ..... forwarded the fardbeyan to hasanpur police station for f.i.r. ..... posted as officer incharge of hasanpur police station on 25.6.1986. ..... of fardbeyan of hasanpur police station. ..... order of the learned sub divisional judicial magistrate, rosara, for confiscation of the property of uma singh and had also obtained orders of the superintendent of police. .....
Tag this Judgment!Court : Patna
..... --consequent upon the changes incorporated in the seventy-third constitution (amendment) act, 1992 to bring it in conformity with the purposes substance and direction it has become necessary to make a new act repealing the bihar panchayat raj act, 1947 and bihar panchayat samiti and zila parishad act, 1961.the bill is for establishing a three tier panchayat raj system in the state with elected bodies at village, block ..... by the constitution (seventy-third) amendment act, part ix relating to the panchayats was introduced in the constitution and it came into force with effect from ..... to extend the provisions of part ix to the scheduled areas subject to such exceptions and modifications as might be specified in such law and there is a safeguard under this sub-clause itself that no such law shall be deemed to be an amendment of the constitution for the purpose of article 368. ..... -- (1) notwithstanding anything in this constitution, the governor may by public notification direct that any particular act of parliament or of the legislature of the state shall not apply to scheduled area or any part thereof in the state or shall apply to a scheduled area or any part thereof in the state subject to such exceptions and modifications as ..... of the zila parishad, panchayat samiti and gram panchayat over the state government employees working at the district block and lower levels of offices.provisions to this effect have been made in this act and the aim of the bill is to get the same enacted. 5. .....
Tag this Judgment!Court : Patna
..... the release of their vehicles, which have been admittedly seized either by the police officials or by the forest authorities in exercise of power under section 52 of indian forest act as amended by bihar (amendment) act, 1989 (bihar act 9/90) (hereinafter referred to as the bihar amendment act) for illegal transportation of katha (catechu) and khair wood in contravention of provisions of the indian forest act as well as for quashing the confiscation proceeding pending before the authorised officer ..... the judgment as follows:a close, careful, and combined reading of the various sub-sections of sections 44, 45 and 58a of the act as introduced or amended by act 17 of 1976 leaves no doubt that the intendment of the legislature was to provide for two separate proceedings before two different forums and there is no conflict of jurisdiction as section 45 as amended by the amendment act, in terms curtails the power conferred on the magistrate to direct confiscation of timber or forest produce on conviction of the accused ..... truck and the katha biscuits were seized on the ground that the accused persons have committed the offence punishable under sections 33, 41, 42 of the indian forest act as amended by bihar amendment act and under section 379, 411, 412, 413, 414, 120b of the indian penal code. ..... initiated by the authorised forest officer in terms of the provisions of the forest act as amended by the bihar amendment act and in which notice has been issued to the petitioner to show cause.4. .....
Tag this Judgment!Court : Patna
..... from para 11 that the learned judges deciding budlini mahatain's case were under the impression that constitution 44th amendment act was retrospective, but probably the offending provision under the c.n.t. ..... it is well settled that 44th amendment act was prospective in operation and not ..... 's case was no doubt decided after 44th amendment act which came into force on 20.6.79. ..... not so since 44th amendment was considered in para 11 of the judgment reported in 1984 pljr 399 wherein it has been observed that 'court was not called upon to decide the effect of constitution 44th amendment act, 1978'. ..... constitution 44th amendment act had no bearing on the question which came up for the consideration before the division bench in budlmi mahatain ..... once, however, they become residents of the district or of contiguous police stations, if may be presumed that they have thrown in their lot with the other permanent agricultural tenants of the area concerned and will be as much interested in the development or conservation of those lands as the ..... act vi of 1935) for any period not exceeding fifteen years:provided further that:(a) an occupancy-raiyat who is a member of the scheduled tribes may transfer with the previous sanction of the deputy commissioner his right in his holding or a portion of his holding by sale, exchange, gift or will to another person who is a member of the scheduled tribes and who is a resident within the local limits of the area of the police station within which the holding .....
Tag this Judgment!Court : Patna
..... under the provisions of the indian forest act, as amended by bihar (amendment) act 9/90, appeal is provided under section 53-a of the act. ..... chief judicial magistrate for the release of the truck which was rejected by him on the ground that a confiscation proceeding has already been initiated, as reported by the competent authority to him, under the provisions of the act, as amended by bihar (amendment) act 9/89. ..... 261/92 under sections 414/413 of the indian penal code read with sections 41/42 of the indian forest act was registered against the petitioner and ors. 3. ..... bpv 8715, was seized by the police officer on the allegation that timber was being carried away on the said truck in contravention of the provisions of the indian forest act (hereinafter referred to as the act). ..... a police case, being hatia p.s. .....
Tag this Judgment!Court : Patna
..... under section 8 of the act as it stood before its amendment by act 70 of 1993 which came into effect from 27.12.1993 ..... west bengal himanchal pradesh, gujrat, tamil nadu and uttar pradesh be extended till 25th june, 1994 under section 8 of the advocates amendment act no. ..... , member in regard to the term of office of the members of the state bar councils under the advocates amendment act no. ..... he has challenged the constitutional validity of sub-section 3 of section 8a of the advocates act (as amended) on the ground that the aforesaid provisions vest arbitrary and unguided power in the bar council of india to constitute a special committee for an indefinite period, thereby depriving the members of the bar from electing ..... their lordships noticed section 8 of the act as amended, and talying upon the proviso of the aforesaid section, held that the power of extension under the proviso could be exercised if before the expiry of the term the state bar council fulled to hold ..... under the earlier scheme of the act, no order extending term was required to be passed by anyone, only after its amendment, it has become necessary for the bar council of india to pass an order recording its reason, if the term of the state bar council is to be ..... having regard to the amendment to section 8 of the act, a meeting of the state bar council was held, and it was resolved that since it had decided to provide for the election of its members and as it was not possible to complete the election before the expiry .....
Tag this Judgment!Court : Patna
..... the observation that the decision was not to be taken as precedent in other cases;(v) the aforesaid decision holding that 'lohars' are included in entry 22 of part iii of scheduled castes and scheduled tribes order (amendment) act, 1976 and, therefore, entitle to the benefits available to the members of the schedule tribe, are not correct decisions on the point and are hereby overruled;(vi) the decision in nityanand sharma's case is correct and ..... for the reasons stated above, i come to the following conclusions:(i) lohara are not covered by entry 22 part iii of the scheduled castes and scheduled tribes orders (amendment) act, 1976;(ii) in the hindi version of the act lohar has been inadvertanly mentioned and in view of conflict between english version and hindi version, the english version, shall prevail;(iii) the decision in shambhu nath's case was not meant to ..... no discussion on this aspect either way in those judgments.the scheduled castes and scheduled tribes order (amendment) act, 1976 by which the schedules to the order have been substituted, was passed by parliament in ..... as far as possible, this should be avoided which we propose to do by this order.this indeed was a very noble sentiment but incapable of being implemented in a fast growing city like the metropolitan city of delhi where public streets are overcrowded and the pavement squatterers create a hazard to the vehicular traffic and cause obstruction to the pedestrians on the pavement.pronouncements of law which are not .....
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