Judgment Search Results Home > Cases Phrase: continuance of legal proceedings act 1948 Court: patna Page 1 of about 82 results (0.072 seconds)

Smt. Sugapati Devi and ors. Vs. the State of Bihar and ors.

Court : Patna

..... any bihar and orissa act or bihar act repeals any enactment hitherto made, or hereafter to be made, then, unless a different intention appears, the repeal shall not,(c) affect any right, privilege, obligation or liability acquired, accrued or incurred under any enactment so repealed; or(e) affect any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid;and any such investigation, legal proceeding or remedy may be instituted, continued or enforced, and any such ..... penalty, forfeiture or punishment may be imposed as if the repealing act had not been passed.11. ..... such right to institute or continue the legal proceeding by way of appeal cannot be defeated and has not, as a matter of fact, been defeated by the amending provisions brought about by the amending act of 2007. .....

Bharat Refractories Ltd. and anr. Vs. R.K. Das, Proprietor, N. Das and ...

Court : Patna

..... section 34 of the arbitration act, 1940 says--'where any party to an arbitration agreement or any person claiming under him commences any legal proceedings against any, other party to the agreement or any person claiming under him, in respect of any matter agreed to be referred, any party to such legal proceedings may, at any time before filing a written statement or taking any other steps in the proceedings, apply to the judicial authority before which the proceedings are pending to stay the proceedings, and if satisfied ..... that there is no sufficient reason why the matter should not be referred in accordance with the arbitration agreement and that the applicant was, at the time when the proceedings were commenced, and still remains, ready ..... however, the negotiation between the parties continued and the deal was finalised between the parties after discussion held on 5-12-1985 and by a letter of that date the plaintiff confirmed the terms. .....

Commissioner of Wealth-tax, Bihar-i, Patna Vs. Jagdish Prasad Choudhar ...

Court : Patna

..... whenever in respect of any proceeding under this act any wealth-tax authority ceases to exercise jurisdiction and is succeeded by another who has and exercises such jurisdiction, the authority so succeeding may continue the proceeding from the stage at which the proceeding was left by his predecessor :provided that the assessee concerned may demand that before the proceeding is so continued the previous proceeding or any part thereof be re-opened or that before any order of assessment is passed against him, he be re-heard ..... this position in law is far too well settled to require reiteration of any authority and this court proceeds to decide the questions involved in this case on the aforesaid basic assumption of the legal position.9a. ..... the assessee must, therefore, be told about the intention of the succeeding officer to continue the proceedings and who can tell him so, except the succeeding officer who proposes to continue the proceedings and who also knows that he cannot continue the proceedings if he is told by the assessee that he wants him to re-open the case or give him a re- ..... hon'ble judge of the division bench relying on the aforesaid decision of andhra pradesh high court in anantha naganna chetty air 1970 ap 367 (supra) came to the conclusion that penalty proceeding under section 271(1)(a) of the income-tax act, 1961 was not only quasi-judicial but also quasi-criminal and the revenue in order to impose penalty has to discharge its onus in strict compliance of the law. .....

Tata Iron and Steel Co. Ltd. and anr. Vs. Union of India (Uoi) and ors ...

Court : Patna

..... that ordinance itself was repealed by act ii of 1948, and as nothing was done in this case before the 5th of january, 1948 no fresh proceedings could be commenced after that date for violation of the provisions of the defence of india act.section 102(4) of the government of india act, under the provisions of which possibly the prosecution of the respondents for offences committed by them could have been justified and continued, was also repealed by the constitution on the 26th of january, 1950 a few ..... there is nothing to show that the act provided for the continuance of any investigation, legal proceeding or remedy in respect of any such, right privilege/obligation, liability, penalty, forfeiture or punishment under the impugned act. ..... there is no provision for the institution, continuance or enforcement of any investigation, legal proceeding or remedy under the impugned act. ..... what now requires to be considered is as to what is the effect of the expiry of a temporary statute on legal proceedings in relation to matters connected with such act, and whether rights or liabilities acquired or incurred, can be enforced after the expiry of a temporary statute, particularly when the expiring statute does not contain a saving provision similar in effect to section 6 of the general clauses act, the authorities cited at the bar, to which i shall presently refer, make a clear distinction between rights and obligations .....

Abhay Prakash Sahay Lalan Vs. High Court of Judicature at Patna Throug ...

Court : Patna

..... advocate shall be permitted to file an appointment or memorandum of appearance in any proceeding in which another advocate is already on record for the same party, save with the written consent of the former advocates-on-record or the leave of the court, unless the former advocate has ceased to practise or has by reason of infirmity of mind or body or otherwise become unable to continue to act, this rule though applied in the high court is not made applicable to the ..... , those advocates who are already enjoying the right to appear before the high court and courts subordinate thereto can be compelled to take the examination, if they wish to continue their legal practice. ..... view to recognise only one class of legal practitioners since the act abolished the other class of legal practitioners known as pleaders, vakils and ..... it was, therefore, submitted that with a view to weed out those unfit for legal practise before the high court or courts subordinate thereto an examination/test must be introduced and only those found fit and suitable be allowed to practise before the ..... the interest of dispensation of justice by this court, as also in the interest of the legal profession, which is integral part of the judicial system, to prescribe such an examination/ ..... bihar state bar council that it would welcome the framing of such rules by this court, as it would be a big step in the direction of improving the standard of the legal profession for which the bihar state bar council is striving hard. .....

Kalpana Rani Vs. the State of Bihar and Others

Court : Patna

..... any penalty, forfeiture or punishment incurred in respect of any offence committed against any enactment so repealed; or (e) affect any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid, and any such investigation, legal proceeding or remedy may be instituted, continued or enforced, and any such penalty, forfeiture or punishment may be imposed as if the repealing act or regulation had not been passed.? ..... affect any penalty, forfeiture or punishment incurred in respect of any offence committed against any enactment so repealed; or (e) affect any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid; and any such investigation, legal proceeding or remedy may be instituted, continued or enforced, and any such penalty, forfeiture or punishment may be imposed as if the repealing act had not been passed.? ..... so repealed, or (d) affect any penalty, forfeiture or punishment incurred in respect of any offence committed against any enactment so repealed; or (e) affect any investigatin, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture, or punishment as aforesaid, and and any such investigation, legal proceding or remedy may be instituted, continued or enforced, and any penalty, forfeiture or punishment may be imposed as it the .....

Assistant Commissioner of Vs. Nageshwar Prasad

Court : Income Tax Appellate Tribunal ITAT Patna

..... , reassessment or recomputation under section 147) of the income of the deceased and for purpose of levying any sum in the hands of the legal representative in accordance with the provisions of sub-section (1),- (a) any proceeding taken against the deceased before his death shall be deemed to have been taken against the legal representative and may be continued against the legal representative from the stage at which it stood on the date of the death of the deceased; (b) any ..... they seem to have held the opinion that the legal representative cannot be proceeded against in the penalty proceedings or penalty proceedings cannot be initiated against the legal representative only under the wealth-tax act.therefore, in view of the above decisions rendered by the high courts, i prefer to follow the same than the decision of the tribunal in the case of bhuban mohan mitter ..... of the income-tax act, 1961 penalty proceedings for a default committed by deceased can be started or continued against the legal representatives. ..... act, 1961, provides for continuance of proceedings, inter alia, for imposing penalty against the legal ..... therein that penalty proceeding commenced against the deceased cannot be continued after his death against his legal heir under the wealth-tax act. ..... but now penalty proceedings for a default committed by the deceased can be started or continued against the legal representative under this section which applies not only in respect of tax but also any other sum, - penalty fine .....

Shree Prakash Singh Vs. State of Bihar and ors.

Court : Patna

..... never to have been issued and no suit or other legal proceedings shall be maintained or continued in any court for the refund of the fee collected under the provisions of this act and no court shall entertain any proceedings challenging the fee recovered or the continued levy and recovery of the fee merely on the ..... buying and selling of agricultural produce and the establishment of markets for agricultural produce in the state of bihar and for matters connected therewith, the main object of the act is to protect the growers of agricultural produce who on account of their ignorance, illiteracy and lack of collective bargaining power may get exploited by middlemen and economically ..... s as follows; '(3) notification of intention of exercising control over purchase, sale, storage and processing of agricultural produce in specified area,--(1) notwithstanding anything to the contrary contained in any other act for the time being in force, the state government may, by notification, declare its intention of regulating the purchase, sale, storage and processing of such agricultural produce and in such area ..... authority or any other person is prohibited to set up, establish, or continue, or allow to be set up, established or continued any place for the purchase, sale, stores or processing of any agricultural produce so notified in the market area, or within a distance thereof to be notified in the official gazette except in accordance with the provisions of the act, the rules and bye-laws. .....

Mr. FranklIn J. Qureshi and Smt. Sarla Veena Lyall and anr. Vs. the St ...

Court : Patna

..... where there is an express legal bar engrafted in any of the provisions of the code or the concerned act (under which a criminal proceeding is instituted) to the institution and continuance of the proceedings and/or where there is a specific provision in the code or the concerned act, providing efficacious redress for the grievance of ..... powers court would be justified to quash any proceeding if it finds that initiation/continuance of it amounts to abuse of the process of court or quashing of these proceedings would otherwise serve the ends of justice. ..... indeed, the high court has the extraordinary or inherent power to reach out injustice and quash the first information report and criminal proceedings, keeping in view the guidelines laid down by this court in various judgments (reference in this connection may be made with advantage ..... therefore, the proceeding should not be quashed and it is allowed to continue till final ..... property, dishonestly misappropriates or converts to his own use that property, or dishonestly uses or disposes of that property in violation of any direction of law prescribing the mode in which such trust is to be discharged, or of any legal contract, express or implied, which he has made touching the discharge of such trust, or wilfully suffers any other person so to do, commits 'criminal breach of trust'. 17. ..... complaint petition clearly disclose ingredients of criminal offence, it would not be legally permissible to quash the proceeding or order of cognizance. .....

income-tax Officer Vs. Bibhuti Mishra

Court : Income Tax Appellate Tribunal ITAT Patna

Reported in : (1985)13ITD158(Pat.)

..... representative argued in connection with the above legal argument that even though no notice was issued to the legal representative, section 159(2)(a) of the act authorises the department to continue the proceeding taken against the deceased against the legal representative after his death and the proceeding taken against the deceased before his death shall be deemed to have been taken against the legal representative. ..... case their lordships of the gauhati high court held as under: violation of statutory principles of natural justice, more particularly statutory principles of natural justice, takes away the jurisdiction of the authority concerned to continue with the proceedings and pass orders and necessarily invalidates the proceedings and the orders passed therein. ..... if this were not done, the assessment proceedings and assessment orders passed therein would cease to be valid proceedings and valid orders in the eye of ..... estate of a deceased assessee is to be assessed to income-tax, the estate must be fully represented by impleading all the legal representatives and serving notices under section 143(2) on all of them who represent the entire estate. ..... was, thus, argued that even though no show-cause notice was issued to the legal representative and the penalty order was passed on a dead person, the order was valid ..... of the assessment order, if the law permits and there is no bar under the limitation prescribed by law, fresh assessment proceedings may be drawn up in appropriate cases. .....