Court : Patna
..... 2 that they had not paid even a single farthing to the plaintiff-appellant towards rent and if the claim of the respondents for adjustment of the amount spent on repair is held to be illegal and not permissible under section 9(2) of the b.b.c.act then i find no difficulty in holding that the contesting defendants i.e. ..... sub-sections (3) and (4) of section 9 of the b.b.c.act show that if the landlord neglects to carry out repair then the proper course for the tenant is to file an application before the house controller for issuing order to the landlord to make necessary repair work in the tenanted house and if the landlord fails to do so then the tenant will be permitted to do necessary repair work and to adjust the cost from ..... it has been argued by the learned advocate of the appellant that under section 9(2) of the b.c.c.act, if the landlord refuses or neglects to do necessary repair works in the tenanted premises then in that case the tenant with the permission of the house controller is entitled to do necessary repair work in the tenanted ..... from plain reading of section 9(2) of the b.b.c.act it is apparent that the tenant may carry out the repair work himself at a cost not exceeding one month's rent for the building and he is also permitted to deduct such cost from ..... section 9 of the bihar buildings (lease, rent & eviction) control act, 1982 (hereinafter referred to as 'b.b.c.act) makes it obligatory for the landlord to carry out the repair work in the tenanted premise, and also .....
Tag this Judgment!Court : Patna
..... under articles 226 and 227 of the constitution, the petitioner, the owner of certain property, seeks to challenge the order dated february 22, 1995, of the appropriate authority passed under section 269ud(1) of the income-tax act, 1961 (for short, 'the act'), under which the property of the petitioner was ordered to be acquired by the central government and subsequently possession was taken over.2. ..... -tax department : [1991]190itr290(ap) , and to the following observation (at page 301): 'therefore, in our view, even a dispute as to the validity of the provisions of the act relating to compulsory acquisition or a challenge to the vesting order could raise a dispute as to the 'entitlement' of the person to receive consideration within the period mentioned in sub-section (1) of section 269ug and, therefore, the authorities will be justified in not tendering the amount but in depositing the same under sub ..... sinha)west--passage.in the writ application, as noted above, the petitioner has challenged this order of the appropriate authority dated february 22, 1995 passed under section 269ud(1) of the act being arbitrary, without authority of law and even violative of the principles of natural justice. ..... we hold that the provisions of chapter xxc would apply to the nature of the agreement for transfer of immovable property called the development agreement in the present case, there has been violation of the provisions of section 269ue(3) and 269ug(1) of the act falling under this chapter. .....
Tag this Judgment!Court : Patna
..... in terms sufficiently precise to enable the court to determine the exact nature of the building or work;(ii) the plaintiff has a substantial interest in the performance of the contract and the interest is of such a nature that compensation in money for non-performance of the contract is not an adequate relief; and(iii) the defendant has, in pursuance of the contract, obtained possession of the whole or any part of the land on which the building is to be constructed or other ..... approved plan or otherwise, the developer shall be entitled 'to allot from out of the developers share of 60% of the saleable built up area subject, however, to the exclusion of 40% of the saleable built up area as earmarked for the owner of the said property, to such party or parties as the developer in its discretion thinks fit with the consent and approval of the owner and to receive and realise the prices in respect of the allotment ..... to appropriate the same and to transfer, as and when developed, part or parts of the said building from time to time, to one or more proposed co-operative societies or bodies corporate of the purchasers of tenements and for the purpose aforesaid the owner hereby authorises the developers to do, if required, all acts, deeds, matters and things at the cost and expenses of the developer. ..... it is not disputed that as per the provisions of this section, the amount of consideration was to be tendered to the petitioner on or ..... this sub-section is as under :'(6) where an order under .....
Tag this Judgment!Court : Patna
..... and instead of passing any sentence in respect of the juvenile, forward the juvenile to the board which shall pass orders in respect of that juvenile, in accordance with the provisions of this act as if it had been satisfied on inquiry under this act that a juvenile has committed the offence: [provided that the board may, for any adequate and special reason to be mentioned in the order, review the case and pass appropriate order in the interest of such juvenile. ..... -in all pending cases including trial, revision, appeal or any other criminal proceedings in respect of a juvenile in conflict with law, in any court, the determination of juvenility of such a juvenile shall be in terms of clause (l) of section 2, even if the juvenile ceases to be so on or before the date of commencement of this act and the provisions of this act shall apply as if the said provisions had been in force, for all purposes and at all material times when the alleged offence was committed.] 5. ..... we may also refer to a recent decision in the case of daya nand versus state of haryana since reported in (2011) 2 supreme court cases 224 wherein apart from other the apex court noticed the provisions of section-7a, as introduced with effect from 22.08.2006 to the juvenile justice (care and protection of children) act, 2000, with regard to claim of juvenility before any court, at any stage and even after final disposal of the case. .....
Tag this Judgment!Court : Patna
..... the sale of goods made outside the state and in the course of inter-state trade or commerce or export), but does not include sale prices of goods which have borne the incidence of purchase tax under section 4 ;(ii) for the purposes of levy of purchase tax, aggregate of purchase prices paid or payable by a dealer during any given period in respect of purchase of goods or class or description of goods which have borne the incidence of ..... the words 'gross turnover' has been defined under section 2(j) of the bihar finance act, which reads as under : '2(j) 'gross turnover' means-- (i) for the purposes of levy of sales tax, in respect of sale of goods, aggregate of sale prices received and receivable by a dealer, including the gross amount received or receivable for execution of works contract or for the transfer of right to use any goods for any purpose (whether or not for a specified period) during any given period (and also ..... to be determined by taking into account the value of the entire works contract and deducting therefrom the charges towards labour and services which would cover : (a) labour charges for execution of the works ;(b) amount paid to a sub-contractor for labour and services ;(c) charges for planning, designing and architect's fees ;(d) charges for obtaining on hire or otherwise machinery and tools used for the execution of the works contract ;(e) cost of consumables such as water, electricity, fuel, etc. ..... charges for planning, designing and architect's fees [item .....
Tag this Judgment!Court : Patna
..... counsel for the petitioner contends that vikramshila setu forms part of the duly declared public ferry, namely, bhagalpur station ferry under section 6 of the bengal ferry act, 1885 (hereinafter referred to as 'the act') and same having been settled with the petitioner under section 9 of the act by the district magistrate, he has right to collect toll from the bridge and advertisement made for ..... in this sense the public ferry is created and leased on behalf of the authorities, and to protect the rights granted under the lease with respect to a public ferry the act has made it illegal to maintain a regular ferry on a river within two miles of a public ferry so as not to interfere with or affect the peaceful working of and making profit out of ..... 1925 patna 623, and my attention has been drawn to the following passage of the said judgment: in order to constitute a ferry such as is contemplated by the act in this country it is necessary that there should be two points on both the sides of the river so that people and property may be conveyed from one side ..... section 6(d)of the act which is relevant for the purpose reads as follows: (6) power to declare establish, define and discontinue public ferries- it shall be lawful for the lieutenant-governor from time to time (a) x x x x(b) x x x x(c) x x x x(d) define the limits of any public ferry.(e) ..... for that it would be apt to refer to the definition of ferry, as explained in section 5 of the act ..... section 6 of the act inter alia confer powers .....
Tag this Judgment!Court : Patna
..... it was again contended that the prosecution has failed to substantiate all the ingredients required for the application of the offence under section 304b of the indian penal code, so no presumption can be drawn under section 113b of the indian evidence act that the appellants had caused the dowry death of anita. ..... -for the purposes of this section, 'dowry death' shall have the same meaning as in section 304-13 of the indian penal code.if the prosecution succeeds in proving the conditions laid down for the attraction of the offence under section 304-13 of the indian penal code then the presumption under section 113b of the indian evidence act will come into play against the accused. ..... thus, the prosecution has succeeded in proving all the ingredients of offence under section 304b of the indian penal code, so the presumption under section 113b of the indian evidence act can easily be drawn that the appellants committed dowry death of anita. ..... -for the purposes of this sub-section 'dowry' shall have the same meaning as in section 2 of the dowry prohibition act, 1961. ..... 'section 113b of the indian evidence act also provides presumption as to dowry death 'when the question is whether a person has committed the dowry death of a woman and it is shown that soon before her death such woman has been subjected by such person to cruelty or harassment for, or in connection with, any demand of dowry, the court shall presume that such person had caused a dowry death. .....
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..... the reference in the following terms:- (a) in absence of the duly elected managing committee of the society, appointment of a government servant as an administrator or special officer under section 41(1), 41(2), 41(3) or 41(5) of the act is a mere fortuitous circumstance which has no effect upon the constitution or the functions of the society ..... with direct decision of the apex court on this issue, which is the case of gayetri de (supra).in this case, the appellant filed a writ petition before the calcutta high court for cancellation of letters issued by the special officer of the society, by which letter transfer of interest in a particular flat was refused and the flat was re-allotted to some one else. ..... shri bindhyachal singh that the administrator, so appointed in exercise of powers conferred on the registrar, co-operative societies, bihar under section 41(5) of the co-operative act, was only discharging the functions of the committee of management and that too for a temporary period till an appropriate committee was elected and constituted in accordance with byelaws of the co-operative. ..... the tests were culled out and summarized and the tests were further approved in the case of pradeep kumar biswas (supra) wherein it approved that the genesis of the corporation was immaterial for the concept of instrumentality or agency and was not limited to a corporation created by statute but is equally applicable to a company or a society - depending upon it fulfilling the indicias described .....
Tag this Judgment!Court : Patna
..... shall continue to function even after the appointed date and the successor state of bihar has every right to apply for winding up, as according to him the present corporations are governed by section 65 and not by section 66 of the bihar reorganisation act since the present corporations are government companies under section 617 of the companies act and not statutory companies under any statute and according to him law laid down by the division bench of this ..... having heard counsel for the parties and having perused the provisions contained in sub-section (4) of section 46 and sub-section (1) of section 65 and section 66 of the bihar reorganisation act, i am of the view that any government company, be it a company constituted under section 617 of the companies act or a statutory corporation, by virtue of its inclusion in schedule 9 to the bihar reorganisation act becomes an inter-state corporation and has to function notwithstanding the provisions contained in the companies act until a law is enacted or agreement is reached between the ..... with reference to the aforesaid sections 46 and 65 of the reorganisation act, learned counsel for the workers' union submitted that the winding up petitions be dismissed, as in terms of sub-section (4) of section 46 and section 65 of the bihar reorganisation act, the government companies included in schedule 9 to the bihar reorganisation act should continue to function in the areas in which they were functioning immediately before the appointed .....
Tag this Judgment!Court : Patna
..... companies shall continue to function even after the appointed date and the successor state of bihar has every right to apply for winding-up, as according to him present corporations are governed by section 65 and not by section 66 of the bihar reorganization act since the present corporations are government companies under section 617 of the companies act and not statutory companies under any statute and according to him law laid down by division bench of this court in ..... having heard counsel for the parties and having perused the provisions contained in sub-section 4 of section 46 and section 1 of section 65 and section 66 of the bihar re-organization act, i am of the' view that any government company, be it a company constituted under section 617 of the companies act or a statutory corporation, by virtue of its inclusion in schedule-9 of the bihar re-organization act becomes an inter state corporation and has to function notwithstanding the provisions contained in the companies act until a law is enacted or agreement is reached between the successor ..... with reference to the aforesaid sections 46 and 65 of the reorganization act, learned counsel for the workers' union submitted that the winding up petitions be dismissed, as in terms of sub-section 4 of section 46 and section 65 of the bihar reorganization act the government companies included in schedule 9 of the bihar reorganization act should continue to function in the areas in which it was functioning immediately before the .....
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