Court : Patna
Decided on : Sep-24-1998
..... ultimate control over the affairs of the factory, so that they take proper care for maintenance of the factories and the safety measures therein ..... proviso (ii) was introduced by the amending act, couched in a mandatory form - 'any one of the directors shall be deemed to be the occupier' - keeping in view the experience gained over the years as to ..... as the deemed occupier of the factory, for prosecution and punishment in case of any breach or contravention of the provisions of the act or for offences committed under the act. 6. however, recently in the case of indian oil corporation ltd v. the chief inspector of factories and ors., (1998-ii-llj-604)(sc) the question arose as to who ..... relied on the decision of the supreme court in the case of j.k. industries ltd. v. chief inspector of factories and boilers, (1997-i-llj-722)(sc) wherein it has been held that under the act only one of the directors, the directing mind and will of the company, its alter ego, can be nominated as an occupier .....
Tag this Judgment!Court : Patna
Decided on : Jan-06-1998
..... of the intervenor on the ground that there cannot be bequeath of tenancy rights as will can be executed with respect to 'property' under section 2(h) of the indian succession act. this court noticed a decision of the apex court in basant pratap pandit v. anand trimbak submis : [1994]3scr451 , wherein the claim of executor/legatee for eviction ..... civil revisions are allowed, the case is sent back to the court below for fresh trial. it will be open to the parties, should they so desire, to amend their pleadings and adduce further evidence on question of title. needless to say that in such an eventuality the plaintiff may be asked to pay further court fee in accordance ..... sons) cannot be treated to be tenant counsel urged that if the plaintiff wanted any decree against defendant nos.2 and 3 treating them as tenants, they should have amended their plaint and sought relief of eviction against them. reference was made to paragraphs 57 and 58 of the deposition of the plaintiff as p.w. 5. mr dwivedi .....
Tag this Judgment!Court : Patna
Decided on : Feb-06-1998
..... whether respondent no. 2 was empowered under the law to review the order of his predecessor or not. it is not in dispute that neither the indian forest act, 1927 nor its bihar amendment 1990 provides for a review of an order passed by the predecessor. it is well settled that power of review is a creation of statute and in ..... by the government pleader on the ground that the petitioner primarily accepted the commission of the offence and the fact that there is no provision in the indian forest act, 1927 (bihar amendment 1990) to release the vehicle seized under section 52 of bond. the authorised officer, sanjay kumar (respondent. no. 2) on 30.9.1997 ..... plea of releasing the truck on bond. in this affidavit mr. sanjay kumar has again reiterated that section 53 of the indian forest act, 1927 does not provide for release of vehicles seized under section 52 of the act on bond. according to him he informed the deputy commissioner that in view of the pendency of the confiscation proceeding the .....
Tag this Judgment!Court : Patna
Decided on : Feb-06-1998
..... view to consolidate the law relating to forest, transit of forest produce and duty leviable on timber and other forest produce, indian forest act was enacted in 1927. this act has been extensively amended by bihar act 9 of 1990 with a view to prevent the growing menace of ruthless exploitation of government forests by illicit felling of valuable ..... filed his show cause. however, after hearing the parties the vehicle was ordered to be confiscated to the state government for violation of the provisions of the indian forest act. the petitioner preferred an appeal against the said order of confiscation but without any success. impugning the orders of d.f.o. as well as the ..... and in that very chamber two kgs. of kattha, which is admittedly a forest produce, was being carried in the said vehicle. a case under the indian forest act was instituted and prosecution report was submitted against driver and the owner of the concerned vehicle. a confiscation case no. 24/94 was initiated by the divisional .....
Tag this Judgment!Court : Patna
Decided on : Jul-03-1998
..... are to be levied. on the other hand, the expression 'principles of taxation' denotes rules of guidance in the matter of taxation. we, therefore, hold that the amending acts do not come into conflict with the existing law in respect of any principles of taxalion, but only deal with a subject matter which is exclusively within the legislative ..... for taxation being not adapted or fit or suitable for use on the roads, was devoid of merit. the high court upheld the constitutional validity of the amending taxation act and held that it was within the legislative competence of the state legislature which was empowered to impose taxes, regulatory and compensatory in nature on vehicles which are ..... petitioner in cwjc no. 3788 of 1995 (r) is m/s. tata engineering and locomotive company, ltd. a company registered under the indian companies act. the aforesaid company claims to carry on business of manufacturing chassis at its manufacturing unit situated at jamshedpur in the slate of bihar. cwjc no. 2708 .....
Tag this Judgment!Court : Patna
Decided on : Jul-21-1998
..... has restricted/deprived the petitioners from using it at their choice. but such restriction/deprivation is in accordance with law, i.e., the indian telegraph act and the indian electricity act. there is, thus, neither any violation of their right to property as contained in article 300a of the constitution, nor is there ..... compensation for such damage or detriment under and in accordance with the indian telegraph act and indian electricity act. xi. (a) there is no fuhdamental right to property after repeal of articles 19(1)(f) and 31 of the constitution by 44th constitution amendment. now right to property is only a constitutional right as is ..... governor of bihar, vide notification dated 16th, september, 1969, issued under section 51 of the indian electricity act, 1910, has conferred powers which the telegraph authorities possess under sections 10 to 19 (both inclusive) of the indian telegraph act, 1885, on dvc for the purpose of placing the electric supply lines, appliances and apparatus .....
Tag this Judgment!Court : Patna
Decided on : Jul-29-1998
..... the accused to proceed further with the trial including all preliminaries like objections to the inclusion of the members of the court martial, reading out the charge/charges, amendment thereof, etc. the narrow view is that trial commences with the actual administration of oath to the members etc. and to the prosecution to examine the witnesses when ..... . the charge is required if need be or asked by the accused to be read over and could be objected by the accused and found tenable, to be amended. thereafter, the accused would be arraigned and in his presence the trial would begin. the accused may plead guilty or not guilty if he pleads guilty, the ..... convening general court martial for commencing trial of petitioner for offence alleged to have been committed under sections 52(f) and 63 of the army act read with section 34 of the indian penal code. a further prayer has been made for appropriate direction to the respondents restraining them from taking steps for commencing the trial. a similar .....
Tag this Judgment!Court : Patna
Decided on : Aug-21-1998
..... xvii consisting of sections 138 to 142 was introduced by section 4 of the banking, public financial institutions and negotiable instruments laws (amendment) act, 1988. by virtue of this amendment, dishonour of cheques for insufficiency of the funds in the account has been made an offence. section 138 provides that where any cheque ..... plea of no liability to discharge the dues cannot be entertained. learned counsel relied upon the decision of the case of electronics trade and technology development corporation ltd. v. indian technologists and engineers (electronics) pvt. ltd. [1996] 86 comp cas 30 (sc) ; air 1996 sc 2339.5. after having heard learned counsel for the parties ..... quashing' the entire criminal prosecution including the order on november 4, 1992, taking cognizance of the offence under section 138 of the negotiable instruments act, 1881, and under section 420 of the indian penal code in complaint case no. 654 of 1992.2. the facts of the case, in brief, are that opposite party no. .....
Tag this Judgment!Court : Patna
Decided on : Sep-16-1998
..... in respect of the disputed amount, and no interest was to be charged on the disputed amount. 18. substantial change was brought about by the direct tax laws (amendment) act, 1987, effective from april 1, 1989. the procedure of summary assessment was dispensed with. only an intimation is to be sent by the assessing officer, as envisaged ..... 1988-89 the company claimed that the amount was not taxable. the amount was, however, taxed in view of the provisions of section 28 of the act as amended by the finance act, 1990 (with effect from april 1, 1967), and accordingly the intimation was issued. the application filed by the assessee under sections 154 and 264 of ..... in cwjc no. 493 of 1994 may be set out as follows : petitioner no. 1, parikh engineering and body building company ltd., a company registered under the indian companies act, 1956 (hereinafter referred to as 'the company'), carries on business of body building of motor vehicles and is also a dealer of maruti vehicles. it also carries on .....
Tag this Judgment!Court : Patna
Decided on : Nov-05-1998
..... of succession provided under sections 15 and 16 of the hindu succession act. the answer would be in affirmative in view of the provisions made under the banking regulation act, 1949. in the banking regulation act, part iii-b has been inserted by virtue of banking regulation amendment act, 1984. this part consists of section 45y to 45z, section 45za ..... of the indian succession act, 1925 for the grant of a succession certificate in respect of the assets of the deceased panna devi fully described in the schedule of the application. ..... court below after rejecting the objection filed by the objector-appellant al lowed the application filed by the petitioner-respondent 1st set under section 372 of the indian succession act, 1925.2. the facts of the case lies in a narrow compass. the applicant respondent no. 1 raj kumari devi filed an application under section 372 .....
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