Court : Patna
..... the facts of the instant case, it would appear that in the applications filed under sections 19 and 20 of the act in thecourt below all that appears to have been said was that the superintending engineer was a party to the suit being ..... next and, in fact, the main question for consideration is, whether, having regard to the provisions of section 20(4) of the act, where arbitrator has been appointed by the parties either in the arbitration agreement or otherwise, the court can appoint another arbitrator ..... court, 249) it was held that not only in exercise of discretionary power while disposing of application for stay under section 34 of the act but also while considering the question of appointment of arbitrator under section 20 of the act, a party is entitled to be released from a bargain of an unequal nature, if it could show that the selected arbitrator was likely to show bias or that he would act unfairly or that he had been guilty of continued unreasonable conduct. ..... be self-defeating because the order to file an arbitration agreement under section 20(1) of the act can be passed only if there is a valid arbitration agreement between the parties. ..... reason why the principle underlying section 22 of the specific relief act, be not pressed into service for doing justice in such ..... was dismissed on 16-7-1987 with an observation that the revision application was premature because the petition of the petitioner under section 20 of the act did not appear to have been actually disposed of. .....
Tag this Judgment!Court : Patna
..... (e) if the holder of the goods carriage permit, fails without reasonable cause, to use the vehicle for the purposes for which the permit was granted, or (f) if the holder of the permit acquires the citizenship of any foreign country: provided that no permit shall be suspended or cancelled unless an opportunity has been given to the holder of the permit to furnish his explanation. ..... learned counsel submitted that there is no provision either in the motor vehicles act or the rules or even under the bihar motor vehicles taxation rules to force the vehicle owners to deposit ..... the facts of the case and in the light of the provisions of the act referred to hereinabove, now i shall answer the question formulated hereinabove. ..... learned counsel referred various provisions of the motor vehicles act particularly sections 81 and 86 and submitted that when the petitioners fulfil all the requisite conditions then the authorities have no option but to grant or renew permit of the vehicles. ..... chapter v of the said act lays down the provisions with regard to control of ..... section 86 of the act, quoted hereinabove, lays down the provision for cancellation and suspension ..... to the question it would be worth to refer the relevant provisions for grant of permit as contained in motor vehicles act, 1988. ..... view of the matter, i am of the definite opinion that it is well within the jurisdiction of the transport authority to impose such cost in exercise of power under sub-section (5) of section 86 of the act. .....
Tag this Judgment!Court : Patna
..... maintenance, pendente lite and expenses of proceedings : where in any proceeding under this act it appears to the court that either the wife or the husband, as the case may be, has no independent income sufficient for her or his support and the necessary expenses of the proceeding, it may, on the application of the ..... it not only discloses as to how marriageable girls are treated like chattels but they also disclose facts which constitute, prima facie, offences punishable under the dowry prohibition act and, perhaps, under the penal code. ..... section 24 of the act reads as follows :'24. ..... 4000/- under section 24 of the hindu marriage act, 1955 (hereinafter referred to as 'the act'). .....
Tag this Judgment!Court : Patna
..... , in his discretion, admit an application for the registration of any trust or institution after the expiry of the period aforesaid ; (b) where the total income of the trust or institution as computed under this act without giving effect to the provisions of section 11 and section 12 exceeds twenty-five thousand rupees in any previous year, the accounts of the trust or institution for that year have been audited by an accountant ..... that the primary purpose was plainly advancement of an object of general public utility and did not involve the carrying on of any activity for profit within the meaning of section 2(15) of the income-tax act, 1961, because whatever activity was carried on by the assessee in fulfilment of the primary purpose was for advancement of an object of general public utility and not for profit ; and that, therefore, ..... be included in the total income of the persons in receipt thereof, the income-tax officer shall have power to determine the income of such undertaking in accordance with the provisions of this act relating to assessment ; and where any income so determined is in excess of the income as shown in the accounts of the undertaking, such excess shall be deemed to be applied to purposes other than charitable or ..... it was conceded by the department that it was exempt from tax ; and (ii) commission of a certain percentage of the value of licences for import of foreign yarn and quotas for purchase of indigenous yarn obtained by the assessee for its members. .....
Tag this Judgment!Court : Patna
..... learned counsel for the corporation assailed the aforesaid finding and submitted that section 5(2) read with section 7(3) of the act does not contain any limitation of time within which a right of renewal has to be exercised and, therefore, the right of renewal would arise on the expiry of the term of a lease referred to in sub-section (1) and if desired by the ..... however, in the present case, the relationship between the parties is governed largely by the provisions of the act and once it is found that the corporation has no right under the act to continue as a tenant after the expiry of lease in february, 1999, the corporation's continued possession and its reluctance to vacate the premises must be held as arbitrary and ..... such a right of further continuance was not conferred upon the corporation by the act or any other law and hence, the learned single judge ought to have followed the orissa high court judgment as well as that of supreme court in the case of hindustan petroleum corporation ltd. ..... , air 2000 mad 83, it was held that the provisions of sections 5(2) and 7(3) of the act were enacted to give breathing time to organise their affairs and such provisions would not be available to the government company if the transition from private ownership to government ownership has already been effected and a ..... das [1999] 4 scc 450, held in paragraph 12 that the corporation in terms of section 7 of the act could seek renewal only for a period of one term as originally granted. .....
Tag this Judgment!Court : Patna
..... , power and authority to entertain and decide applications from banks and financial institutions for recovery of debts due to such banks and financial institutions, and he further relied on the provisions of section 18 of the said rdbfi act in order to contend that on and from the appointed date, no court or authority shall have or be entitled to exercise any jurisdiction or authority except the supreme court or the high court under articles 226 and 227 of the ..... are binding on the company judge, but the learned company judge has unfortunately assumed that those directions have been given by the supreme court without consideration of the relevant provisions of the debt recovery act and his lordship observed 'perhaps it appears to me that the debt recovery tribunal had not been established by that time, and, therefore, there was no occasion for the court to consider the same ..... since the appellant has a statutory right to get a notice and has not admittedly got any notice when leave was granted by the company judge under section 446 of the said act, it has sufficient locus to complain against such grant of leave and which has been done by way of infraction of his statutory right. ..... this court is humbly of the opinion that there is no warrant for these assumptions inasmuch as the rdbfi act, as an act of 1993 must have been on the statute book much before october 18, 1995, when the said judgment was delivered. .....
Tag this Judgment!Court : Patna
..... the government of the state of jharkhand from constituting, at any time on or after the appointed day, a state electricity board or a state warehousing corporation or a road transport corporation for the state under the provisions of the act relating to such board or corporation; and if such a board or corporation is so constituted in either of the states before the dissolution of the board or the corporation referred to in subsection (1)(a) provision may be made by order ..... undisputedly, jharkhand government issued a notification on 10-1-2001 creating jharkhand state electricity board under the provisions of section 1(4) of the electricity (supply) act, 1948 read with section 62(4) of the bihar reorganisation act, 2000 and requested the central government to make provisions enabling the new board to take over from existing board all or any of its undertakings, ..... power conferred upon it by clause (a) of sub-section (4) of section 62 of the bihar reorganisation act, 2000 made the following provisional order : '(1) in this order- (a) 'existing board' means the bihar state electricity board continued under sub-section (1) of section 62 of the bihar reorganisation act,2000;(b) 'ratio of consumption of power' means 54:46 between bihar and jharkhand subject to confirmation of actual ..... that as per the provisions contained in section 62 read with eighth schedule of bihar reorganisation act, 2000, the liabilities in respect of pensionary dues of employees retiring from the area now forming .....
Tag this Judgment!Court : Patna
..... originally fixed when the tenant was inducted was enhanced nor the fair rent was determined after institution of the suit or after passing of the order under section 15 of the act of 1982 (section 11a of the old act), rather fair rent was determined about seven years before the institution of the suit and the order of the controller has attained its finality by the dismissal of the appeal by ..... determined much before the institution of the suit and the said order of fair rent attains its finality, having been affirmed in appeal or in revision and if an application under section 15 of the rent control act, 1982 is filed then the tenant shall be liable to deposit arrears of rent as also current and future rent at the rate so determined by the controller.17. ..... their lordships further held as follows (at pages 615-616 of air): 'it is true that whenever a special provision, like the rent control act, is made for a section of the society it may be at the cost of another section, but the making of such a provision or enactment may be necessary in the larger interest of the society as a whole but the benefit which is ..... or a revision before the commissioner against an order of the appellate authority, it is open to the appellate authority or the commissioner to direct the tenant under section 16(2) of the bihar buildings (lease, rent and eviction) control act, 1982 to deposit rent during the pendency of such appeal or revision at the rate different from the rate fixed by the controller.'9. .....
Tag this Judgment!Court : Patna
..... . here, in the present case, diverse quantities of ore possessing different chemical and physical compositions are blended together to produce ore of the requisite chemical and physical compositions demanded by the foreign purchaser and obviously as a result of this blending, the quantities of ore mixed together in the course of loading through the mechanical ore handling plant experience change in their respective chemical and physical compositions, because what ..... ., constitute processing and place tendu leaf-traders outside the purview of sections 44ac and 206c of the income-tax act, 1961.it is found that the operations carried out by the tendu leaf-traders do not change the nature and character of the leaves and these are performed only to maintain the leaves in a saleable and ..... it is no doubt true that the blending of ore of diverse physical and chemical compositions is carried out by the simple act of physically mixing different quantities of such ore on the conveyor belt of the mechanical ore handling plant ..... thus, according to the decision of the apex court, the meaning of the word 'processing' in the context of the income-tax and sales tax acts is to bring out a different substance from what the material was at the commencement of the process ..... . but that meaning would be out of context for interpreting the word in this act for the simple reason that where a word has not been defined in the act, its meaning has to be gathered from the context in which it has been .....
Tag this Judgment!Court : Patna
..... ten thousand in lieu of prosecution or by way of composition for such offences as the case may be; and (b) in any case in which any molasses has been seized as being liable to confiscation under this act, may, at any time before the magistrate has passed an order under this section, release the molasses on payment of any sum not exceeding the value thereof as estimated by the controller of molasses including the ..... said provisions has been contravened, shall be forfeited to government: provided that a contravention of the provision of section 8, if made before the commencement of the bihar molasses (control) third (amendment) act, 1959, shall not be punishable under this act: provided further that - (i)(a) the controller of molasses may accept from any person, who is reasonably suspected of having committed an offence punishable under this section, a payment of a sum not ..... for levy of penalty and is as under:-- 'if any person contravenes any provision of, or fails to comply with any order or direction issued under this act or the rules made thereunder, or makes any false statement regarding any matter in respect of which he is required under this act or the said rules to give information, he shall be punishable with imprisonment of either description for a term which may extend to three years or ..... of the excise rules framed by the board of revenue under section 90 of the bihar excise act wherein distilleries could be opened for supply of country spirit and supply of foreign liquor. .....
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