Judgment Search Results Home > Cases Phrase: hindu succession amendment act 2005 section 4 omission of section 23 Court: patna Page 5 of about 346 results (0.131 seconds)

Eastern Safety and anr. Vs. State of Bihar Through the Director Genera ...

Court : Patna

..... situated in the state means such units that are located and registered in the state of bihar.' 23. same purposes have been reiterated by the bihar finance (amendment) rules, 2002 by amending rule 2, relevant part of which runs as follows :-- 3. substitution of rule 2 of appendix 8 of the bihar finance rule :-- rule 2 of ..... thus, the same is not hit either by article 301 or is in breach of article 304(1)(a) of the constitution.22. the preference policy and the amendment in the bihar finance rules have been incorporated for the purposes, which are in. public interest. the purposes are incorporated in paragraph no. 2.1 of annexure ..... registration, event though not covered by the charging section. however, the learned single judge held that the state without amending law and without prescribing guideline or making rules under the bihar finance act or jharkhand sales tax act, incorporated the aforesaid condition.27. in the state of bihar, as stated above, already a policy decision has been .....

industrial Packers and Co. Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Patna

Reported in : (1995)52ITD1(Pat.)

..... the provisions contained in sections 30 to 43a.4. the id. counsel for the assessee submitted before us that "43b" was substituted for "43a" by the direct tax laws (amendment) act, 1987 with effect from 1-4-1989 only. thus, as far as assessment year 1986-87 was concerned, the income from business had to be computed in accordance with the ..... it in line with the insertion of section 43b of the act w.e.f 1-4-1984. the amendment in section 29 was operative from 1-4-1984. we, therefore, hold that section 43b ..... case justify amply a similar view with respect to section 29 of the act. this view is further reinforced by the non obstante clause at the beginning of section 43b of the act. we, therefore, conclude that this substitution of "43a" by "43b" by the direct tax laws (amendment) act, 1987 w.e.f.1-4-1989 was only clarificatory and to bring .....

Balbhadra Singh @ Balbhadra Nr. Singh Vs. Ram Binod Singh and ors.

Court : Patna

..... said order, which was done by the impugned order in appeal before the learned single judge.5. the appeal was filed under section 299 of the indian succession act (for short 'the act'), which runs as follows :-'299. appeals from orders of district judge.-every order made by a district judge by virtue of the powers hereby conferred upon ..... high court in accordance with the provisions of the code of civil procedure, 1908, applicable to appeals.'6. section 100a of the code brought by way of recent amendment runs as follows :- ''100-a. no further appeal in certain cases.-notwithstanding anything contained in any letters patent for any high court or in any instrument having the ..... a high court, no further appeal shall lie from the judgment and decree of such single judge. so, in view of this non-obstante clause, after the new amendment, even if there is no express prohibition limiting the letters patent appeal or there is a provision of a letters patent appeal, further appeal is barred from the .....

Shri Ram Needle Bearing Limited and ors. Vs. State of Bihar and ors.

Court : Patna

..... of the employees of the petitioner company to their prejudice or not, there is little scope for launching prosecution under section 32 of the act when the act itself has given sufficient provisions by amendment of 1950 by including section 33a for coming to a just decision in that respect if complaint is made from the side of the workmen ..... at, then there would be no bar in launching prosecution against the employer under section 32 of the act. on proper construing of the sections of the act as referred to, it appears that the intention of the legislature after amendment of 1950 and then in 1984 was to give relief to the aggrieved workmen and in giving that ..... . section 33a of the act was included in , the year 1950 and at that time, reference was in respect of only a labour court tribunal or national tribunal but the same has been extended by amendment of 1984 including the conciliation officer, board and an arbitrator along with three references as mentioned above which shows the intention .....

Jaidhari Roy and ors. Vs. State of Bihar and ors.

Court : Patna

..... cadre of public prosecutor prior to 1973 as eligible for being appointed as public prosecutor or additional public prosecutors, they were made eligible by substituting section 24 by the amending act of 1978 by introducing a new provision under sub-section (9) of section 24. in this background when we consider the provisions of sub-section (6) of ..... that there was a regular cadre of prosecuting officers in the state of bihar. he was of the view that sub-section (6) of section 24 was amended by bihar act 16 1984 providing that where in a state there exists a regular cadre of prosecuting officers, the state government may appoint a public prosecutor or an additional public ..... public prosecutors/additional public prosecutors from amongst the assistant public prosecutors in the state of bihar under section 24(6) of the code of criminal procedure (as amended by bihar act 16 of 1984) has led to the filing of this writ petition. the petitioners contend that in terms' of section 24(6) of the code of .....

Chand Prasad and ors. Vs. State of Bihar and ors.

Court : Patna

..... is concerned with the territorial constituency of any gram panchayat shall be the electors for concerned panchayat elections."17. later, by bihar panchayat raj (2nd amendment) act, 1995 (bihar act 5 of 1996), to the main body of section 137a were added the following two provisos."provided that the state election commission suo motu or on ..... the suffix 'a' to the number of the section suggests, the provision was not part of the act as it was originally enacted but it was introduced by the bihar panchayat raj (amendment) act, 1995 (bihar act 14, 1995). even after its insertion, further additions were made in this provision later on. section 137a, as it was first inserted, ..... published on 1-12-2000. on 3-2-2001 the governor issued the notification under section 136a of the act fixing the election schedule and the issuance of the notification put the matter of any amendment or correction in the electoral rolls beyond the powers of the state election commission as provided in the second proviso .....

Ravi Shankar Pandey Alias Nata Pandey Vs. State of Bihar and ors.

Court : Patna

..... of the apex court followed in a catena of decisions referred to in paragraphs nos. 12 to 15 as well as introduction of new section 12a after amendment of the act effected in 1993 the aforesaid three cases relied upon by the petitioner are not applicable to the present case nor can they form the basis for vitiating ..... prior to the passing of the detention order cannot vitiate subjective satisfaction of the detaining authority particularly in view of introduction of section 12a after amendment of the act in 1993. section 12a of the act provides as follows : '12-a. grounds of detention severable.-- (1) where a person has been detained in pursuance of an order of ..... for consideration. on the other hand, the contention raised by sri amar nath singh, learned standing counsel that in view of the amendment of the act and introduction of section 12-a in the act and decision of constitution bench followed in several cases, acquittal of the detenu in one of two or more cases cannot vitiate subjective .....

Dilip Gupta and anr. Vs. Debashish Palit and ors.

Court : Patna

..... 17 until then read, '(vi) any decree or order of a court and any award'. the judgment was followed by amendment of section 17(2)(vi) and the words 'and any award' were, by the transfer of property (amendment) act, 1929 (act. no. xxi of 1929), substituted by the present words, namely, '...except a decree or order expressed to be made ..... litigation presents the defendants in dim light. they appear to be thoroughly dishonest persons, who never adhered to the terms of the lease, did not pay rent leading to successive suits for recovery of rent, ultimately leading to the corn-promise decree which was followed by the said title suit no. 75 of 1981/6 of 1982. courts are ..... with by the decree be not the 'subject matter of the suit or proceedings', clause (vi) of sub-section (2) would not operate, because of the amendment of this clause by act 21 of 1929, which has its origin in the aforesaid decision of the privy council, according to which the original clause would have been attracted, even if it .....

Malti Kumari Vs. State of Bihar and ors.

Court : Patna

..... it is not on the ground of descent simpliciter, but exceptional circumstances for the ground mentioned. it should be circumscribed with suitable modification by an appropriate amendment to the memorandum limiting to relieve the members of the deceased employee who died in harness from economic distress. in other respects, article 16(2) is ..... -general, bihar. though the opinion of the law department/advocate-general was generally accepted by the state government, the government took the view that it required amendment in the circular and the matter thus remained pending. meanwhile, the appellant filed divorce case no. 9/94 which ended in decree of divorce on 31 ..... of means of avenues of livelihood he or she cannot be called financially destitute and, therefore, eligible for appointment on compassionate ground.9. the hindu adoptions and maintenance act, 1956 also gives some indication as to why a married daughter-whether divorced or not-cannot be treated as dependant of the father. in the .....

L.N. Mishra Institute of Pharmacy Vs. State of Bihar and ors.

Court : Patna

..... committee shall from time to time report to the central council on the efficacy of the education regulations and may recommend to the central council such amendments thereof as it may think fit. 11. at any time after the constitution of the state council under chapter 111 and afterconsultation with the state ..... to undertake d. pharma. examination. on instructions from the respondent commissioner-cum-secretary, he further stated that the government has no authority under the act or the regulations framed thereunder to either grant recognition to the institutions undertaking courses of studies in d. pharma. or holding of examination in this ..... relation to various students of unapproved/unrecognised institutes have been enclosed, wherein in various forms without addressing itself to the statutory provisions contained under the act and the education regulations framed thereunder, the court has given certain directions permitting the students to appear at certain examination to be conducted/held by .....