Judgment Search Results Home > Cases Phrase: foreign recruiting act 1874 Court: patna Page 1 of about 121 results (0.053 seconds)

Shankar Traders Vs. State of Bihar and ors.

Court : Patna

..... he submitted that definition of the term 'forest-produce' under section 2(4)(a) of the indian forest act is wide enough to include produce of a forest lying outside the purview of the act and, in any view, by virtue of the provisions qf section 41 of the said act, transit rules framed by the state government are applicable to all kinds of timber and forest produce specified therein. ..... in this writ petition it seeks, in effect and substance, a declaration that the authorities of the forest department of the state government have no authority to interfere with the movement of timber of foreign origin from one place to another within or through the state of bihar. ..... in transit in respect of which there is reason to believe that any money is payable to the government on account of the price thereof, or on account of any duty, fee, royalty or charge due thereon, or to which it is desirable for the purposes of this act to affix a mark;......section 76 also confers additional powers to make rules on matters specified therein.11. ..... the term 'forest produce' has been defined under section 2(4) of the indian forest act, 1927 to include - (a) the following whether found in, or brought from, a forest or not, that is to say :--timber, charcoal, caouthouc, catechu, wood-oil, resin, natural varnish, bark, lac, mahua flowers, mahua seeds, kuth and myrabolams, ..... no transit permit is, therefore, required to be obtained under these acts with respect to such forest-produce which are of foreign origin. .....

Satyadeo Prasad Vs. Union of India (Uoi) and ors.

Court : Patna

..... as regards the contention of the learned counsel for the petitioner that the reservation policy is to be followed in filling up such vacancies is completely foreign to the settlement, i find it difficult to consider the same in view of the division bench judgment of this court in the case of lalendra nath singh ..... this court also relied upon the provisions contained in section 25b of the industrial disputes act (in short 'the act') for the purpose of interpretation of the words 'continuous service' which, according to the bank, the petitioner of the said case had not rendered as was required under the provisions of ..... bench, however, did not find any justification to give different meaning of 'continuous service' by taking aid of section 25b of the act in view of different conditions of the memorandum of settlement of the parties and order of the bank. ..... petitioner that there was nothing provided in the terms of settlement regarding the reservation policy being adhered to in the matter of filling up the vacancies from the said wait list which is completely foreign to the terms of settlement. ..... also again raised the objection regarding the maintainability of the writ petition, in view of the remedy provided under the act for enforcement of the terms of settlement.9. ..... and khitmatgars/tea-boy/waiter on the basis of their seniority to be reckoned from the date of appointment and not from the date of engagement, but the bank has been illegally and arbitrarily acting contrary to the same. .....

Mundrika Singh Yadav Vs. Shiv Bachan Yadav and ors.

Court : Patna

..... the maintainability of this election petition is that the election petition does not disclose any cause of action because it does not contain material facts as required under section 83 of the act and no roving inquiry can be allowed on the basis of vexatious and baseless claim as made in the present election petition and on this account also the election petition is liable ..... . md.furkan arisari : [1984]1scr118 , in which it has been held that only in cases of allegations of corrupt practice which being in the nature of criminal charge the act requires that full particulars should be given and in other cases only a concise statement of material facts is to be furnished and failure of mentioning the particulars of the number of ballot papers rejected cannot be considered ..... . learned counsel appearing on behalf of the election petitioner relying upon a number of decisions has argued that section 82 of the act gives a list of the parties to be joined as respondents in an election petition and any party which is not included in the list cannot be joined as a respondent to an election petition in view ..... that 'the petitioner shall join as respondent to his petition all the candidates who were duly nominated at the election other than himself if he was so nominated and also that section 85 of the act as it stood then did not include section 82 and it was not provided at that time in the act that non-compliance of provisions of section 82 would involve dismissal of a petition in limine .....

Kamkap (India) Vs. Deputy Commissioner of

Court : Income Tax Appellate Tribunal ITAT Patna

Reported in : (1998)67ITD237(Pat.)

..... services of re-insurance brokers are technical or professional services then the assessee's services rendered to the foreign enterprises would also fall in the category of technical or professional services.8.28 in the above view of the matter we hold that the assessee had rendered technical or professional services to the foreign enterprises as provided in section 80-o of the it act.8.29 however, the crucial issue in this case is whether these technical or professional services were rendered ..... referred to the definition of 'undisclosed income' given in section 158b of the it act and contended that such disallowance did not fall within the definition of "undisclosed income".8.16 the learned counsel further submitted that the assessee had filed return for the assessment year 1995-96 on 25-1-1996 in which the particulars of commission received from the foreign principals had been duly shown. ..... acted as an agent of the foreign enterprises for the purpose of purchases from the said 2 indian companies and shipment of the goods to the foreign ..... section 80-o of the it act provides for a deduction of 50 per cent from the income of the assessee by way of royalty, commission, fees or any similar payments from the foreign government or enterprise (a) in consideration for use outside india of any patent, invention, model, design, secret formula or process or similar property or information concerning industrial, commercial or scientific knowledge, experience or skill made available or provided .....

Central Mine, Planning and Design Vs. Deputy Commissioner of Income Ta ...

Court : Income Tax Appellate Tribunal ITAT Patna

Reported in : (1998)67ITD195(Pat.)

..... it was assumed that the assessee did not have any business connection with the foreign company, the income arising to the foreign company was chargeable to tax under the it act and as per the provisions of s.163(1)(c) of the it act the assessee was liable to be treated as agent of the foreign company because the non-resident company was in receipt of income whether directly or ..... the said sections in computing the income by way of royalty or fees for technical services received from government or an indian concern in pursuance of an agreement made by the foreign company with government or with the indian concern before the 1st day of april, 1976, shall not exceed in the aggregate twenty per cent of the gross amount of such ..... act as mentioned above, were very clear and specific about the determination of the income in respect of the fees for technical services paid and the rate of tax at which the tax had to be deducted.the ao had rightly treated the assessee as agent of the foreign ..... act we find that this section provides that for the purpose of this act agent in relation to a non-resident included any person in india : (c) from or through whom the non-resident is in receipt of any income, whether directly or indirectly; or and includes also any other person who, whether a resident or non-resident, has acquired by means of a transfer, a capital asset in india;.........it is clear from the above that the assessee was treated as agent of the foreign ..... act in respect of the aforesaid foreign .....

Vikas Kumar Singh and anr. Vs. State of Bihar and ors.

Court : Patna

..... the petitioners were granted licence under the excise act for indian made foreign liquor for the year 1996-97, they received notices dated 26.12.1996 from respondent no. ..... 4 of the sale notification is very clear that indian made foreign liquor retail shop shall be renewed only at the increase of 5% of the annual quota of foreign liquor and 10% increase in reserved annual fee by the collector of the district. ..... 4 of the notice with regard to annual increase of 5% in the sale and lifting of foreign liquor is completely arbitrary, unwarranted and unreasonable and in violation of he directive principles of state policy, particularly article 47 of the constitutional of india. ..... the learned counsel then submitted that 5% increase in the annual sale of foreign liquor for renewal of licence is equally illegal and unconstitutional. ..... india made foreign liquor and spiced country liquor under the provisions of bihar excise act, 1950, and the rules made thereunder. ..... commissioner of excise, ranchi for auction of foreign liquor shop of the petitioner namely hinoo no. ..... the petitioners, further prayed for a direction to the respondents to grant renewal of their licence for the year 1997-98 as petitioners are holding current licence for their foreign liquor shop.2. .....

Smt. Mehrunnisa Vs. Union of India (Uoi) and ors.

Court : Patna

..... or the state government may,-(a) if satisfied with respect to any person (including a foreigner) that with a view to preventing him from acting in any manner prejudicial to-(i) the defence of india, the relations of india with foreign powers, or the security of india, or(ii) the security of the state or the maintenance of public order, or(iii) the maintenance of supplies and services essential to the community, or(b) if satisfied with respect to any foreigner that with a view to regulating his continued presence in india or with ..... 1.this petition under article 226 of the constitution of india has been preferred by the above mentioned petitioner for quashing the detention order dated 22-3-2000 passed under section 3(i), (ii) and (iii) of the conservation of foreign exchange and prevention of smuggling activities act, 1974 (hereinafter shall be stated as cofeposa) by the respondent no. ..... moreover, the grounds for detention are total foreign and unknown to the cofeposa as nowhere there is any mention under the act regarding prejudice to public order and interest. .....

Jogindar Singh and ors. Vs. State of Bihar and ors.

Court : Patna

..... on an excisable article imported-(i) by payment (upon or before importation) in the state or in the state or territory from which the article in brought, or(ii) by payment upon issue for sale from a warehouse established, authorised or continued under this act,(b) on an excisable article exported -by payment in the state or in the state or territory to which the article is sent;(c) on an excisable article transported-(i) by payment in the district from which the article in sent, or(ii) by payment upon issue ..... in the appeal filed by johal and company against the demand raised by the deputy commissioner, dhanbad, observed that it could not be denied that the local excise staff posted in the warehouse have acted negligently and should be proceeded against departmentally, even the board of revenue in their order dated july 5, 1991 in the revision filed by johal and company after noting the arguments of both the ..... it was submitted that the excise duty was not a land revenue and the provisions of the public demands recovery act could not be resorted to and as such any seizure of the article belonging to johal and company or johal ..... there is, therefore, no ground for the petitioner to say that the stock of foreign liquor was destroyed behind his back and that the quantum of foreign liquor destroyed was much more than what was accounted for by the excise authorities of the district ..... under the provision of bihar excise act (in short 'the act') for keeping indian made foreign liquor (i.m.f.l. .....

Dr. Tandaw EinsteIn Samdarshi Vs. the State of Bihar and Others

Court : Patna

..... where a government servant does not resume duty after remaining on leave for a continuous period of 5 years, or where a government servant after the expiry of his leave remains absent from duty, otherwise than on foreign service or on account of suspension, for any period which together with the period of the leave granted to him, exceeds a continuous period of 5 years, he shall, unless the state government otherwise determine, ..... servant does not resume duty after remaining on leave for a continuous period of five years, or where a government servant after the expiry of his leave remains absent from duty, otherwise than on foreign service or on account of suspension, for any period which together with the period of the leave granted to him, exceeds a continuous period of five years, he shall, unless the state government otherwise ..... to continue as also the earlier order dated 23.11.1996, by which a direction was issued to the district magistrate and the superintendent of police to initiate a proceeding under public demand recovery act for realization of a sum of rs.80,000/- with 18% interest given to the petitioner for his advanced training in the university of alabama at birmingham in the united states of america in echo cardiography, a speciality in ..... regard, learned counsel for the state refers to section 17 of the bihar and orissa public demand recovery act in which provision has been made for recovery of interest at the rate of 12 % per annum ..... both the acts of commission and .....

Angou Golmei Vs. Vizovolie Chakha Sang

Court : Patna

..... but simply because there is no systematic plantation or data available it would not be reasonable to conclude that any spice coming from manipur and nagaland must necessarily be of foreign origin, sri jai prakash, who had been deputed to make field investigation could visit only few places of manipur and not the rest or any part of nagaland on an account of ..... of hearing as to whether consequent upon repeal of the import and export (control) act, 1947 by the foreign trade (development and regulations) act, 1992 (act 22 of 1992) there is any restriction on the import of cloves. ..... the seizure thus really rests not on the basis of identification of the goods as being of foreign origin but on the basis of a general belief that the spices are not grown in the north-eastern states, and, therefore, any spice coming from that region must ..... income tax officer (air 1961 supreme court, 372), a case under section 34 of the income tax act, 1922 corresponding to section 147(a) of the income tax act, 1961, the apex court held :'the expression 'reason to believe' postulates belief and the existence of ..... of customs preventive formation barauni was already aware of the intelligence communicated to him by the superintendent and having firm reasons to believe that the consignment in question was of foreign origin, effected seizure under the provisions of customs act, 1962, under the supervision of the deponent. ..... to be of foreign origin, hence was seized under section 110 of the customs act, 1962'.11. .....