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Judgment Search Results Home > Cases Phrase: finance act 1978 section 19 amendment of section 155 Sorted by: recent Court: patna Page 5 of about 306 results (0.092 seconds)

Sep 09 2009 (HC)

Shakti Tubes Ltd., a Company Incorporated Under the Provisions of the ...

Court : Patna

Reported in : 2010(58)BLJR159

..... case no. pt -193/99 (shakti tubes ltd. v. state of bihar), whereby the order passed by the authorities under the provisions of the bihar finance act (hereinafter referred to as 'the act'), has been upheld, and it has been held that the petitioner is not entitled to the benefit of exemption from payment of purchase tax on raw materials ..... had already commenced production before 1.4.1993, and its capital investment was less than rs. 15 crores.3. in view of the provisions of section 7(3)(b) of the act, and in purported exercise of powers under paragraph 10.5 read with the provision of paragraph 10.4 of the 1993 industrial policy, the state government ..... statement of facts essential for the disposal of the writ petition may be indicated. the petitioner is a private limited company, incorporated under the provisions of the companies act 1956, and has set up a steel plant at hajipur, district vaishali. the state government had issued its industrial policy for rapid growth of industries in the state .....

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Sep 09 2009 (HC)

Bihar State Co-operative Bank Ltd., a Co-operative Society Registered ...

Court : Patna

..... ) a registered society shall invest or deposit its funds-(a) in a government saving bank or(b) in its own financing bank or(c) in any of the securities specified in section 20 of indian trust act, 1982 (2 of 1982)(d) in securities specified by reserve bank of india, or(e) with the general or special sanction of the ..... of immovable property by registered society or class of registered societies.(3) where the registrar has accorded sanction to a financing bank under the provisions of sub-section (1), a registered society which is a member of such financing bank may, subject to the terms of the sanction and such other terms and conditions as may be prescribed by ..... the registrar, act as agent for the financing bank and as such agent carry out, with or without any commission, all or any .....

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Sep 09 2009 (HC)

Harkesh Thakur Son of Late Jagannath Prasad Thakur Vs. Smt. Lalita Dev ...

Court : Patna

Reported in : 2010(58)BLJR74

..... the will which has been duly discharged in this connection. he relies on the provisions of section 63(3) of the succession act read with section 68 of the evidence act, in the following manner:(i) the will must be proved by one of the attesting witnesses ..... of yumnam ongbi tampha ibemma devi v. yumnam joykumar singh (supra), paragraphs 9 and 10.(x) the conditions of section-63 of the succession act must be satisfied.(xi) the learned single judge has not at all referred to the vital evidence of d.ws. ..... levelled any allegations of fraud, misrepresentation, impersonation, forgery or the like.18. we must now consider the provisions of section 63(c) of the succession act which provides that two or more attesting witnesses must prove execution of the will in the presence of the witnesses. ..... abovementioned case(xxxv) exhibit-22 c.c. of order withpetition dated 25.9.79by a.c.o. brahampur incase no. 44 of 1978-79.(xxxvi) exhibit-23 c.c. of order dated25.9.85 and 19.9.79 incase no. 43k/31 of 79-80.( .....

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Aug 25 2009 (HC)

Dina Mahabir Re-rollers Private Ltd., a Company Incorporated Under the ...

Court : Patna

..... learned counsel for the petitioner submitted that once the documents have been seized, the department has a duty to furnish copies thereof as contemplated in section 110(4) of the said act.9. learned counsel for the respondents, on the other hand, submitted that if at all the petitioner had any right, it could have been ..... or things which, in his opinion, will be useful for, or relevant to, any proceeding under this act. section 110(4) being relevant is extracted hereunder:the person from whose custody any documents are seized under sub-section (3) shall be entitled to make copies thereof or take extracts therefrom in the presence of an officer ..... along with the show cause notice.7. learned counsel for the petitioner has invited our attention to section 110 of the customs act, 1962 (hereinafter called the said act). it is not m dispute that the aforesaid provision of the customs act, 1962 is applicable to the excise authorities by an appropriate notification issued by the central government .....

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Aug 12 2009 (HC)

Suresh Rai Son of Late Sheo NaraIn Rai Vs. the State of Bihar

Court : Patna

..... for, or in connection with, any demand for dowry. he also submitted that the prosecution had also failed to prove that dowry in terms of section 2 of the dowry prohibition act was ever demanded. in this context, the learned counsel for the appellant drew my attention to the deposition of the five defence witnesses, all of ..... parents of meena devi. however, by the judgment dated 8.7.2003, whereas accused suresh rai was found guilty and convicted under section 304b i.p.c. as also section 4 of the dowry prohibition act, umesh rai and fulwa devi were acquitted of the charges framed against them. suresh rai was sentenced to undergo rigorous imprisonment for ..... ten years under section 304b i.p.c. and rigorous imprisonment for one year under section 4 of the dowry prohibition act with both the sentences to run concurrently.3. according to the prosecution case, as disclosed in the f.i.r .....

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Aug 10 2009 (HC)

Achint Kumar Lal @ Achinta Kumar Lal Son of Late Prof. Shiv Chandra La ...

Court : Patna

..... of the code of criminal procedure for the offences alleged to have been committed under sections 120b, 420, 467, 471, 477a and 411 of the penal code and section 13(2) read with (1)(d) of the prevention of corruption act.3. vide annexure 3, charge sheet was submitted and the petitioner was sent up for trial in ..... stated at paragraph 2 that the petitioner objected to the suggestion of huge purchase of bitumen in view of the objections on withdrawal of funds placed by the finance department. at paragraph 3 it has been pointed that the minister incharge over ruled the objection. again the charge sheet indicates that the petitioner had objected to ..... the allegation in the charge sheet without referring to a single document except annexure-8 cannot form the basis of holding the petitioner guilty of criminal conspiracy under section 120b of the indian penal code. learned counsel for the petitioner points out that the allegation with respect to receiving illegal gratification is mentioned at page 48 .....

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Aug 05 2009 (HC)

Namira Construction Private Limited and Seraj Anwar S/O Late SirajuddI ...

Court : Patna

..... what it would be otherwise.47. this court also finds substantial force in the submission of learned counsel for the petitioners with respect to applicability of section 26 of the wakf act. section 26 is in the following terms:26. powers of chief executive officer in respect of orders or resolutions of board.- where the chief executive officer considers ..... or incapable of executing the development works, to execute the same with the prior approval of the government by developing the property from the wakf funds or from the finances which may be raised on the security of the properties of the wakf concerned. the same, therefore, does not at all relate to development on conversion basis ..... to mortgage, sell or exchange the wakf property.30. learned counsel submits that the provisions of section 32(4), (5) and (6) lay down the power of the wakf board to get developed or develop the wakf property from the finances of the wakf or on the security of the said property, whereas in the present case in .....

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Jul 29 2009 (HC)

The State of Bihar Vs. Shaukat Mian

Court : Patna

Reported in : 2009(57)BLJR3019

..... to derail issues in an attempt to obtain undue advantage. the truth would have emerged in the cross-examination of the investigating officer. while section 145 of the indian evidence act deals with contradiction, section 157 of the same deals with corroboration. in absence of compliance with the latter, in the facts of the case, it cannot be held ..... proved, may be used by the accused, and with the permission of the court, by the prosecution to contradict such witness in the manner provided by section 145 of the evidence act, 1872 (1 of 1872); and when any part of such statement is so used, any part thereof may also be used in the pre-examination of ..... . and the absence of any forensic materials with regard to the nature of the explosives the conviction and sentence of the appellant shaukat mian under section 3(b) of explosive substances act and the sentence of death awarded there under is also not sustainable. shri lala kailash bihari prasad for the state found it difficult to persuade this .....

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Jul 27 2009 (HC)

J.B. Associates (P) Ltd. a Company Registered Under the Companies Act ...

Court : Patna

..... behalf of the appellant and the respondent department, and have perused the materials on record. the scope of appeal before this court under section 260a of the act is within narrow compass. section 260a of the act provides that an appeal shall lie to the high court from every order passed in appeal by the appellate tribunal, if the high ..... letter for m/s shriya financial services private ltd. was issued by shri bijoy kumar goenka who also issued confirmation letter on behalf of the m/s goenka business & finance ltd and m/s vishist vyapar private ltd.12.2. the addresses of most of the investing companies were 85, metcalfe street, 3rd floor, room no. 306, ..... . stellar investment ltd.), : (2001) 251 itr 263, (commissioner of income-tax v. steller investment) and : (2006) 286 itr 477 (raj) c.i.t. v. first point finance ltd.7.5. mr. jain submitted that the opinion of the assessing officer is to be formed objectively with reference to the materials available on record and that application of .....

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Jul 20 2009 (HC)

infrastructure Development Authority, a Government of Bihar Undertakin ...

Court : Patna

Reported in : [2010]321ITR278(Patna)

..... be relevant and the principles settled therein should have been taken into consideration by the income tax authorities while passing the order under section 197 or under section 264 of the income tax act.8. prima-facie, this court finds merit in the claim of the petitioner that the interest income over money belonging to the ..... relevant facts, some of which have been noticed in this order. the said authority should pass fresh order in respect of petitioner's application under section 197 of the act without any delay and preferably within one month from today. till then no coercive action shall be taken to realize tax deduction at source in ..... 295 itr 419 (delhi) and another judgment by karnataka high court in the case of commissioner of income tax and anr. v. karnataka urban infrastructure development and finance corporation : (2006) 284 itr 582 (karnataka).6. learned counsel appearing on behalf of the commissioner and other concerned authorities of income tax department has submitted that .....

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