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Judgment Search Results Home > Cases Phrase: indian boilers amendment act 2007 section 10 amendment of section 9 Sorted by: old Court: patna Year: 2009 Page 3 of about 32 results (0.076 seconds)

Aug 28 2009 (HC)

Dental Council of India Through Its Secretary, a Body Constituted Unde ...

Court : Patna

Decided on : Aug-28-2009

..... .c. no. 7766 of 1993, informed the petitioners that the letter of intent was being issued subject to fulfillment of certain conditions stipulated therein arising by reason of the dentist (amendment) act, 1993 (annexure-14). the stipulations, inter alia, required the petitioners to obtain permission from state government and affiliation from university and furnishing performance bank guarantee of rs. 75 lacs. on ..... was submitted that it were only such institutions which were covered under the indian medical council act and found in the ist schedule thereof which were covered by the act, 1981. it was stated that section 7 nowhere refers to dental institutions or institutions regulated under the dentist act, 1948. it was thus submitted that there was a conscious omission on the part of .....

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Sep 07 2009 (HC)

Santosh Kumar, Vs. Raj Kumari @ Smt. Raj Kumari Devi Wife of Late Nars ...

Court : Patna

Decided on : Sep-07-2009

Reported in : 2010(58)BLJR207

..... whereas, in the matter of partition suit preliminary decree and final decree are prepared and the appeals against them are also different; one under section 299 of the indian succession act and the other under section 96 of the code. hence the trial court had jurisdiction to exercise its discretion in such matters how to proceed.12. from the ..... suit and whether the partition in the family of the plaintiffs and the defendants was effected in the manner claimed by the plaintiffs in the plaint or in the amendment claimed by the defendants in their written statement.11. learned counsel for opposite party no. 1 avers that that in these circumstances this court vide order dated ..... where both the suits are inter dependent. thus the learned court below by passing its impugned order not only violated the aforesaid settled principle of law, but also acted contrary to the specific directions given by this court vide order dated 05.04.2007 passed in c. r. no. 958 of 2004.17. in the said circumstances .....

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Sep 09 2009 (HC)

Md. MoinuddIn Son of Nawab Shah Alias Md. Nawab Ali Vs. Md. Mustafa So ...

Court : Patna

Decided on : Sep-09-2009

Reported in : AIR2010Pat24,2010(58)BLJR4

..... to equally binding instruction issued by this court on 24.7.2007. expanding his submissions mr. hoda has also placed reliance on section 85a in the act as amended by wakf (bihar amendment) act, 2006, which in his opinion would also cover the case of the appellant-petitioner for transfer of the appeal to the wakf tribunal.8. the facts ..... no jurisdiction in respect of pending suits before the commencement of the act. this court in fact would find that there was also no contrary intention under section 112 of the act, the repeal and saving clause under the act and even though the wakf act, 1954 and wakf amendment act, 1984 were sought to be repealed, since there was no ..... provision of a tribunal in the aforesaid old act for excluding the power of the civil court in terms of .....

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Sep 09 2009 (HC)

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

Court : Patna

Decided on : Sep-09-2009

Reported in : 2010(58)BLJR159

..... 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 issued s.o. ..... brief 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 of ..... 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 .....

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Sep 16 2009 (HC)

Bihar Sugar Mills Association and ors. Etc. Etc. Vs. the State of Biha ...

Court : Patna

Decided on : Sep-16-2009

Reported in : AIR2010Pat29,2010(58)BLJR175

..... purposes ofirrigation 2. electrical energy 6 percentum of consumed or sold the value of energy.for any purpose other than irrigation. the validity of section 3(1), as amended by such amendment act, has been challenged by the bihar sugar mills association and others. by filing cwjc no. 4613 of 2003. in the said writ petition, the demand notices issued ..... the very same sugar mill association by filing cwjc no. 13614 of 2006. the indian oil corporation has also filed separate writ petitions viz. cwjc nos. 5906 and 5708 of 2009 challenging the validity of the provisions in section 3(1) as amended in 2005 and the notifications issued. the other writ petitions have been filed by various ..... challenged in the patna high court mainly on the ground of lack of legislative competence. in decision reported in indian aluminium co. and anr. v. state of bihar 1992(1) pljr 55, the validity of section 3(2) of the act was upheld by observing that the electricity duty imposed was a 'tax' and not a 'fee' and the .....

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Sep 16 2009 (HC)

Merck Limited Through Its Director R.L. Shenoy S/O R. Achutha Shenoy V ...

Court : Patna

Decided on : Sep-16-2009

..... rupees in the aggregate in a year but excluding those who were employees in the managerial or administrative capacity. by the amendment act 48 of 1986 w.e.f. 6.5.1987 definition of sales promotion employee was amended without any limit of wages except in case of such an employee employed or engaged in supervisory capacity drawing wages exceeding ..... 1987 and without the limitation on their wages thereafter and upon the capacity in which they were employed or engaged.18. the decision of the jharkhand high court in indian drugs and pharmaceuticals ltd. case (supra) does not appear to have correctly appreciated this aspect of the matter although the decision of the apex court in h.r ..... hence that contention has also to be rejected. 13. learned counsel also relies upon a decision of a learned single judge of jharkhand high court in the case of indian drugs and pharmaceuticals ltd. v. state of jharkhand and anr. 2004 lab. i.c. 2651 in paragraph-16 of which it has been held as follows:16. taking .....

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Sep 17 2009 (HC)

Sudhanshu Mauli Tripathi Son of Sri Umakant Tripathi Vs. Meena Kumari ...

Court : Patna

Decided on : Sep-17-2009

Reported in : 2010(58)BLJR195

..... by the learned court below.8. mr. rajiv verma, learned senior counsel appearing on behalf of the petitioner reiterated the statements in the plaint and the two amendment petitions referred to above. he also referred to the written statements filed on behalf of defendant no. 1 and defendant no. 2. with reference to the statements ..... no. 1 deserted the petitioner?(8) to what relief or reliefs if any the petitioner is entitled?7. upon consideration of the plaint, written statement(s), amendment petition, the oral arguments advanced on behalf of the parties and the materials on record the learned family court was pleased to dismiss the suit vide judgment and ..... . 5643/91, currently pending in the court of the learned sub divisional judicial magistrate, patna, under section 498a of the indian penal code read with sections 3 and 4 of the dowry prohibition act.let the parties file their separate applications personally sworn by them incorporating the aforesaid terms and conditions on or before 18.5. .....

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Oct 28 2009 (HC)

Life Insurance Corporation of India Limited Through Its Senior Divisio ...

Court : Patna

Decided on : Oct-28-2009

..... corporation, including those who became employees and agents of the corporation on the appointed day under this act.xxx xxx xxxxxx xxx xxx(2a) the regulations and other provisions as in force immediately before the commencement of the life insurance corporation (amendment) act, 1901, with respect to the terms and conditions of service of employees and agents of the ..... to apply the law laid down by the supreme court in a.v. nachane and m. venugopal. consequently, we hold that, in view of the amendments brought about in the central act by act 1 of 1981, read with the regulations, the industrial courts have no jurisdiction to deal with the disciplinary matters covered by the regulations. in the ..... our judgment. sentiment is a dangerous will of the wisp to take as a guide in the search for legal principles....' this judgment has been cited with approval by the indian courts in a large number of cases. for example, (i) : (2004) 2 s.c.c. 130 (teri oat estates (p) ltd. v. u.t. chandigarh and ors. .....

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Oct 28 2009 (HC)

Prabhat Kumar Son of Late Indradeo Prasad Singh and ors. Vs. the Rajen ...

Court : Patna

Decided on : Oct-28-2009

..... gazette to satisfy the requirement of section 36 of sub-section (4) of the rajendra agricultural university act, 1987 and the amendment was published in bihar gazette dated 28.1.2008. the university, after publication of the amendment of the gazette took steps for implementing the provision and for absorption of the persons holding posts ..... statute of the university in exercise of power under section 36(3) of the agricultural university act, 1987. the secretariat of the chancellor vide letter no. 2668 dated 1.8.2007 issued its approval to the amendment of clause 14.1 of the rajendra agricultural university statute for declaring agricultural inspector, senior technical assistant ..... contrary to its earlier statement and previous actions, is quite surprising.8. the amended provision under clause 14.1(b) of the act is the special provision for those who are already in service and to remove their stagnation, the amendment has been brought in the statute. the persons who are in service for their .....

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Nov 06 2009 (HC)

Bishnu Deo Narayan and Ramesh Narayan Both Sons of Late Raghu Nath Nar ...

Court : Patna

Decided on : Nov-06-2009

..... to the parliament and has superseding effect under article 254(2) of the constitution of india and to the extent of repugnancy between the bihar amendment act of 1960 and amendment act 1 of 1894 by the parliament, the law enacted by the parliament shall prevail over the state law and to the extent of repugnancy or ..... the case of the respondents including the state of bihar is that section 17 of the land acquisition act, 1894, after the bihar amendment act of 1960, was again amended by the parliament through amendment act 68 of 1984 and that amendment in respect of subject of land acquisition which is in concurrent list was within the power of legislation ..... wrong labeling could not render the action without power or jurisdiction. for this purpose reliance was rightly placed upon judgment of the supreme court in the case of indian aluminum company v. kerala state electricity board reported in : air 1975 sc 1967 and also in the case of pearless general finance and investment company ltd. v .....

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