Court : Patna
..... the said powers, the council shall observe and follow the procedure respectively, set out in that behalf in the aforesaid bye-laws and the regulations.' 4. chapter xviii of the bye-laws of the stock exchange contains provisions in regard to default. bye-laws 308 and 309 contemplate situations/ conditions in which a member may ..... arising therefrom as provided by the said bye-laws and regulations shall follow and be incurred. (c) if any member is guilty of such conduct or act or omission that under the aforesaid bye-laws or regulations made in that behalf render him liable for suspension, expulsion or other consequences, the council shall suspend ..... of natural justice alone. 3. the articles of association of the stock exchange, which are deemed to be rules under section 2(g) of the securities contracts (regulations) act, 1956, under which the stock exchange has been established, read with its bye-laws, provide for penalties, such as, defaulter, expulsion, suspension, fine, etc. article .....
Tag this Judgment!Court : Patna
..... of land, cost of fencing/boundary wall around the whole acquired land, cost of maintenance, administrative charge, charge of documentation and interest on the amount borrowed from the financing body or state of bihar. so far the present flats/houses are concerned they were constructed in the year, 1989 by the state of bihar on the 20 point ..... basis. it is also stated that once the flat was allotted in the year, 1990 no interest should be charged from the petitioner thereafter the board is also acting arbitrarily in not adding die interest on the amount deposited as earnest money7. a counter-affidavit has been filed on behalf of the housing board and its officers. ..... writ petition to show that still the tenders have been invited for giving water connection etc. to the flats in question. according to the petitioner, the board is acting arbitrarily in the matter of the petitioners. they belong to the category of the weaker sections and they should be charged at the rate which was applicable in .....
Tag this Judgment!Court : Patna
..... has been modified by thesuperior authority or the matter is pending before the lower authority onremand and there is a chance of success in the proceeding pending underthe act the criminal prosecution with regard to the relevant assessmentyear should be quashed. 17. in the present case, as stated; above, the finding of the assessing ..... it independently on the materials placed before it, there is no legal bar in giving due regard to the result of the proceedings under the income-tax act, 1961.' 16. thus, the criminal court while deciding the criminal proceeding withregard to the relevant assessment year has to take into consideration theresult of the proceeding ..... disposed of by this common judgment. 2. the petitioners in both cases have challenged the order dated february 1, 1994, passed in complaint case no. 1 of 1994 taking cognizance under sections 276c and 277 of the income-tax act, 1961, against them. 3. the union of india through the deputy commissioner of income-tax, special range, .....
Tag this Judgment!Court : Patna
..... impugned orders on different grounds, as enumerated below : (i) audit report cannot constitute an information, as enumerated under section 19(1) of the bihar finance act, 1981 and on that basis, no proceeding for reassessment can be initiated ;(ii) there is no new material on the record to make reassessment in ..... petitioner has challenged notices issued by the respondent-deputy commissioner of commercial taxes, jamshedpur, under section 19(1) read with section 17(2) of the bihar finance act, 1981 (annexure 1 series in respective writ petitions) ; orders of reassessment (annexure 2 series of respective writ petitions) and orders passed in revisional applications ..... jamshedpur vide impugned orders passed in the year, 1994 as contained in annexure 2 series, while rejecting the reply of the petitioner reassessed the petitioner for the aforesaid periods. the petitioner thereafter filed petition for revision under section 46(4) of the bihar finance act, 1981, which has also been rejected by the .....
Tag this Judgment!Court : Patna
..... on an application made on behalf of the petitioner. but without giving any opportunity to show cause to the petitioner, the allotment was cancelled by annexure-9 on 29.1.1994 and the house in question was settled with one sheela devi wife of respondent no.7, it is stated that such allotment has been made in the name of respondent ..... for the petitioner submitted that the suit is not maintainable as there is a bar under section 62 of the act in question but i am not inclined to accept his views as the suit is barred only under chapter-ix of the act and not on other matters.7. in the result, the writ petition is dismissed, but no order as to ..... alter allotment and as such his allotment was cancelled. it also transpires that die petitioner through his advocate issued a notice under section 92 of the bihar state housing board act and rules for filing a suit for redressal of his grievances but without doing so he has come to this court to raise his grievance on the ground of natural .....
Tag this Judgment!Court : Patna
..... matter.it is made clear that in case of default in paying the amount the petitioner has waived their right of notice under section 29 of the bihar state finance, corporation act.3. the petitioner filed an application for extending the date of depositing rs. 1, 00, 000/- as directed by order dated 8.4.1987. this court ..... the ledger the respondent-corporation deliberately and intentionally 'suppressed the fact of payment of the aforesaid amount by the credit guarantee corporation of india.23. on 29.9.1994 the petitoiner filed rejoinder to the reply filed by the corporation in which following facts have been stated:a) in view of the fact that the petitioner-unit ..... and for the petitioner to scrutinise the statements of accounts to be filed by the corporation.5. thereafter, the case was listed for hearing before me on 6.10.1994. the corporation also filed its counter-affidavit. according to the corporation in paragraph 8 of the counter affidavit, the petitioner was sanctioned rs. 8.22 lakhs, out .....
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..... she, therefore, must be deemed to have full knowledge of the proceeding. she, however, filed the caveat only on december 13, 1994. i have not been able to find adirect decision on the point that caveat can be rejected on the ground of delay. there ..... dei, air 1971 ori 95, a single judge of the orissa high court has gone to the extent of holding, following air 1994 pc 11, that creditors of heirs at will can also ask for revocation of probate and enter caveat during probate proceedings in response to ..... held that the step-sister had interest in the estate of the deceased as contemplated by section 283(1)(c) of the succession act and, therefore, entitled to apply for revocation of the grant. it has been observed therein (at p. 576 para 46) ' ..... has been upheld by the supreme court in slp no. 6066 of 1994. 5. there are decisions galore on the interpretation of clause (c) of section 283(1) of the indian succession act which provides for issue of citation calling upon 'all persons claiming to .....
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..... the functions and powers of the coal mining area development authority constituted under section 5 of the act.chapter iv of the act deals with development plan. chapter v relates to control, development and use of land. chapter vi relates to development schemes. the schemes contemplated under chapter vi, inter-alia, provides for:1. water supply.2. lighting.3. drainage.4. safety, ..... may be permitted to make further argument in view of a recent decision of the supreme court in goodricke group ltd. v. state of west bangal reported in 1994 (4) scale 1138 in which decision his argument before us that the decision of the supreme court in india cement and orissa cement are distinguishable and have no ..... been accepted by the supreme court. we permitted the learned counsel to make further submission, on 27.3.1995.99. we have gone through the decision in goodricke case (1994 (4) scale 1138) and in our opinion, this decision does not touch the questions involved in c.w.j.c. 1637/94r and c.w.j.c. 3807 .....
Tag this Judgment!Court : Patna
..... by filing criminal writ application under article 226 of the constitution of india and hence there is no reason why a penalty proceeding under section 33 of the bihar finance act can not be treated to be criminal proceeding, giving jurisdiction to this court to examine validity of the proceeding order in criminal writ jurisdiction. this contention has no ..... 1978 bbcj 237 do not decide the question whether criminal writ would be maintainable to challenge the order of confiscation under section 6-a of the e.c. act.8. chapter xxi-c (part v) of the patna high court rules 1916 lays down procedure for disposal of an application under articles 226 and 227 of the constitution ..... of india. rule 1 of chapter xxi enjoins the petitioner to state, 'description of address of the applicant and of the parties against whom the relief is sought'. rule 1-a provides that every .....
Tag this Judgment!Court : Patna
..... case filed by the appellant was barred by limitation and, as such, he dismissed the same. against that order dated 31.5.1994 the appellant has preferred this appeal.5. mr. manjul prasad submits that the learned court below has committed an error of record as ..... such view of the matter, the right of the claimant to claim compensation was not affected at all by the substitution of one act by another. in my opinion, the learned court below has committed not only error of record by not considering the relevant dates ..... petition was filed on 2.3.1989. the appeal was admitted after condoning the delay on 22.6.1989 whereas the motor vehicles act, 1988, came into force from 1.7.1989. on these backdrops it is urged that the court below has wrongly placed ..... . there was some delay in filing of the said claim case and, as such, a petition under section 5 of the limitation act accompanied the memo of claim petition. by order dated 22.6.1989 the learned court below, after hearing the counsel of the appellant .....
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