Judgment Search Results Home > Cases Phrase: continuance of legal proceedings act 1948 Court: patna Page 2 of about 82 results (0.075 seconds)

Map Auto Ltd. Vs. Deep Shikha Autos Pvt. Ltd.

Court : Patna

..... do not find any merit in the winding up petition, which is dismissed, however, with liberty to the petitioner to resort to any other legal proceedings for realization of its outstanding dues, if any. ..... and whatever payments were collected prior thereto was forwarded to the company which is evident from the letter dated 18.5.1999, annexure-6 to flag '2' had the petitioner continued with the supplies even after 7.9.1999 then it may not have been difficult for the company to collect the balance outstanding but as the supplies were not ..... counsel for the parties and having perused the winding up petition, it appears that the case has been filed invoking the provisions contained in section 433(a), (c) and (e) read with section 434 of the act, which provisions, inter alia, provides that the company be wound up if there is a special resolution to that effect or the company has not commenced its business within one year of its incorporation or ..... in terms of the provisions contained in sections 433(a), (c), (e) read with section 434 of the companies act, 1956 (hereinafter referred to as the act) primarily on the ground that the company has not been able to pay its debt amounting to rs ..... so far the claim of the petitioner that the company be wound up by resorting to sub-section (e) of section 433 of the act is concerned, there is no determined debts as the accounts of the company, which was agreed by the parties to be reconciled under clause 18 of mou dated 24.4.1999, have not been reconciled .....

Bihar State Electricity Board Vs. Braj Kishore Singh and ors.

Court : Patna

..... whereas former is quasi-judicial in nature where the law of evidence is not applicable, the latter is a legal proceeding to be conducted strictly in conformity with the law laid down in the code of criminal procedure and the evidence act and other special laws governing the trial. ..... therefore,in his submission, the learned single judge should not have completely closed the matter, and should have instead remitted the matter back to the disciplinary authority to continue the proceeding in accordance with law. 5. ..... the conclusions which are deducible from various decisions of this court referred to above are: (i) departmental proceeding and proceedings in a criminal case can proceed simultaneously as there is no bar in their being conducted simultaneously, though separately. ..... it is thus manifest that it is settled law by decisions of high authority that a departmental proceeding and criminal trial can go on simultaneously with respect to the same allegations. ..... state of bihar 2000 (13) pat ljr 39 that the fact that the delinquent employee was exonerated in departmental proceeding cannot be a ground for quashing the criminal prosecution on the same allegations. ..... ) was a member, held that a departmental proceeding and a criminal proceeding can proceed concurrently on same set of facts as there is no legal bar in their continuance simultaneously. .....

Pandey and Co. Builders Pvt. Limited Vs. State of Bihar and anr.

Court : Patna

..... portion of the order reads as follows :thus, on a careful consideration of the submission made on behalf of the parties and after going through the papers filed by them, i hold that i have no jurisdiction to continue with this proceedings for the reasons, mentioned above. 3. ..... answer to the aforesaid question is emphatic no chapter ii of bengal, agra and assam civil courts act, 1857 deals with constitution of courts and section 3 thereof provides for classes of courts. ..... points out that appeal against the order of the arbitral tribunal lies before a court under section 37(2)(a) of the act and the expression 'court' would obviously mean civil court of original jurisdiction.5. mr. ..... in view of this settled legal position one is required to examine the scheme of the act as to whether it provides for remedy of appeal and if so the forum ..... -there shall be the following classes of civil courts under this act, namely :-(1) the court of the district judge;(2) the court of the additional judge;(3) the court of the subordinate judge; and(4) the court of the munsif.chapter iii of the bengal, agra and assam civil ..... thus, the bengal, agra and assam civil courts act does not make the high court of judicature at patna as one of the classes of the civil court and further does not vest original jurisdiction to this ..... filed application for appointment of an arbitrator before hon'ble the chief justice under the provision of the arbitration and conciliation act, 1996 which was registered as request case no. .....

Syed Askari Hadi Ali Augustine. Vs. State of Bihar, and anr.

Court : Patna

..... where there is an express legal barengrafted 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 the aggrieved party.7. ..... this application stands allowed, without affecting any right of the complainant opposite party no.2 to initiate proceeding before civil court or legal services authority where the dispute may also be settled at pre-litigation stage. ..... the complainant apprehending long time consumed in normal civil litigation or to avoid payment of court fee on the amount claimed adopted a short cut method by initiating criminal proceeding which is not at all permitted to continue. ..... the law does not permit any party to initiate criminal proceeding, to achieve his target through a shorter route for which only remedy lies there in civil court.14. ..... come in his rescue thereafter on further inquiry from revenue records he could come to know that the land in question stands recorded in the name of others so smelling being cheated at the hands of the petitioner, to whom, he served legal notice, in reply thereof, the petitioner taking ground of delay in payment of due installment, abrogated the contract.7. ..... in that view of the matter, impugned order as well as further proceedings of the complaint case is hereby quashed. .....

Sayedabad Tea Co. Ltd. Vs. State of Bihar

Court : Patna

Reported in : AIR1969Pat165; 1969(17)BLJR912

..... act runs as follows:--"where immediately before the appointed day the state of bihar is a party to any legal proceedings with respect to any property, rights or liabilities transferred to the state of west bengal under this act, that state shall be deemed to be substituted for the state of bihar as a party to those proceedings, or added as a party thereto, as the case may be, and the proceedings may continue ..... or which is probably false as true; as assumption or supposition of law that something which is or may be false is true, or that a state of fact exists which has never really taken place, an allegation in legal proceedings that does not accord with the actual facts of the case, and which may be contradicted for every purpose, except to defeat the beneficial and for which the fiction is invented and allowed. ..... there was no legal proceeding pending at the ..... to have been substituted" this court held that though the term of the office of the panches of lakhminia gram cutchery had expired and ceased to function on june 28, 1953, a legal fiction was created and, as such, it was assumed that the gram cutchery had continued to function all along because the term of office of the panches stood extended. ..... ordinance runs as follows:--"substitution of new section for section 50 of bihar act vii of 1948: for section 50 of the said act, the following section shall be substituted and shall be deemed always to have ..... the effect of the amendment made in the bihar panchayat raj act (7 of 1948). .....

Smt. Rita Dey Vs. Chandan Kumar Dey

Court : Patna

..... point for consideration was as to whether after the death of one of the spouses any legal representative of the deceased can be lmpleaded for continuing the proceeding under section 13 of the act and as to whether a petition under order xxii, rule 4 of the code of civil procedure, is applicable to the proceeding under the act. ..... in either case proceedings can be continued against the legal heirs of the deceased spouse who may be interested in supporting the decree ..... the further proceedings will continue, is the nature of the further proceedings sought to ..... spouse, the right to sue would survive for the spouse against whom/such decree has been passed, their lordships noticing various provisions of the act as well as provisions of the hindu adoption and maintenance act, 1956 and other allied acts have held as follows:it must, therefore, be held that when a divorce decree is challenged by the aggrieved spouse in proceedings whether by way of appeal or by way of application under order ix. ..... deceased-husband got a decree for divorce against the appellant-wife by filing a petition under section 13 of the hindu marriage act, 1955 (hereinafter referred to as 'the act') and ground for divorce was that the wife voluntarily deserted the husband and stayed elsewhere for more than two years and finally ..... the decision of the andhra pradesh high court, inasmuch as the said high court has also held that the provisions of order xxii of the code will also be applicable in a proceeding under the act. .....

Arun Kumar JaIn Vs. State of Bihar and ors.

Court : Patna

..... but for the sake of order or regularity and to prevent confusion in the conduct of public business and in security of private rights, the acts of officers de facta are not suffered to be questioned because of the want of legal authority except by some direct proceeding instituted for the purpose by the state or by some one claiming the office de jure, or except when the person himself attempts to build ..... year if that was itself a year of assessment, and that such a construction would, consistently with the contention of the appellant, give full effect to the definition in section 2(11) of the act, but this argument overlooks that while there may be several preceding years to a given year of assessment there can be only one previous year in relation to it, and that it would make ..... acquiescence in the qualifications; or it may come from public acquiescence in the officer holding without performing the precedent conditions; or holding over under claim of right after his legal right has been terminated; or possibly from public acquiescence alone when accompanied by such circumstances of official reputation as are calculated to induce people, without inquiry, to submit to ..... of the appellate power pursuant to the notification dated 29.8.1986 thinking that he continues to be the appellate authority is nonest in law. ..... continued to hold office as appellate authority notwithstanding the regular appointment of the third respondent as superintendent of survey under section 4(1) of the act .....

Rajan Kumar Verma and anr. Vs. Sachchidanand Singh

Court : Patna

..... hon'ble supreme court has held in its decision in the case of thyssen stahlunion gmbh (supra) reported in : air1999sc3923 that new act of 1996 would be applicable in relation to all arbitral proceeding commenced on or after the said new act came into force and expression 'unless otherwise agreed' used in section 85(2)(a) of the act of 1996 cannot legally be applicable to any agreement or proceeding after the commencement of the act, otherwise it is likely to create a great deal of confusion with regard to making reference for arbitrator.16 ..... it is, thus apparent that the said clause of the agreement provided arbitration under the provisions of the old act of 1940 but it is also quite apparent that the said act of 1940, having already been repealed in 1996 itself, has to be considered as if it had never existed and no proceeding or arbitration can commence or continue on its basis in a proceeding initiated much after 1996 ..... by section 85 of the act of 1996, the earlier act of 1940 was repealed and the only exception is provided in sub-section (2) of the said section where a proceeding which had commenced when the act of 1940 was in force and continued even after coming into force of the new act of 1996 and all the parties thereto agree that the old act of 1940 shall apply to the said proceeding ..... . the arbitration act, 1940 came into force on the 1st day of july, 1940 and it continued to be effective till the arbitration and conciliation act, 1996 came into force on 22-8-1996 vide .....

Ram Krit Singh Vs. State Through C.B.i.

Court : Patna

..... he has been continuously suffering under the threat of these proceedings including the present ..... appellant is directed to surrender to serve the sentence failing which the learned trial court concerned shall take all legal steps for ensuring his appearance.with the aforesaid modification in quantum of sentence, the appeal stands dismissed. ..... appearing on behalf of the central bureau of investigation (c.b.i) on the other hand submitted that in a case where the conviction has been recorded under the prevention of corruption act, the court should not show unnecessary sympathy or leniency to the accused. ..... apart from the separate charges under section 5(1)(c) and 5(2) of the prevention of corruption act, 1947 (hereinafter referred to as the old act) corresponding to section 13(2) of the prevention of corruption act, 1988 (hereinafter called the new act) as also under section 5(2) of the old act corresponding to section 13(1)(d) of the new act. ..... of sections of the indian penal code and the prevention of corruption act, 1988 for which he has been found guilty. ..... (containing default clause) under section 409 of indian penal code, two years rigorous imprisonment under section 477a of i.p.c and again rigorous imprisonment for 2 years under each provisions of prevention of corruption act for which he was found guilty.3. ..... act, 1947 corresponding to section 13(2) r/w section 13(1)(c)(d) of the prevention of corruption act 1988 and sentenced to undergo rigorous imprisonment for two years with fine .....

Braj Kishore Singh Vs. Sri Raja Ram Prasad Yadav and ors.

Court : Patna

..... the object of substitution of heir after the death of a party in the suit is only for the purpose of bringing the legal representative for continuing and conducting the legal proceeding. ..... purpose of substitution's not to determine the rival claims between the parties, which has to be adjudicated upon in a proper proceeding and its object is only to allow a person to continue the litigation by representing the estate of the deceased. ..... that both of them should be substituted in place of the original plaintiff banarasi devi to represent her estate so as to continue and conduct the proceeding.12. ..... when there is a dispute as to who is the legal representative amongst several claimants, the matter has to be determined under order xxii, rule 5 of the code, which provides, inter alia, that where the question arises as to whether any person is or is not legal representative of the deceased plaintiff or deceased defendant, such question shall ..... section 14 of the hindu succession act provides that the property possessed by a female hindu shall be held by her as full owner thereof and not as a limited owner and section 15 of the said act contains a provision with regard to the succession in ..... the claim of the petitioner on the ground that his claim is based on an un-probated will and as such the cannot be substituted and the husband being the nearest heir and legal representative in terms of section 15(i)(a) of the hindu succession act is to be substituted in place of the deceased plaintiff.5. .....