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Judgment Search Results Home > Cases Phrase: sashastra seema bal act 2007 section 6 enrolment Sorted by: old Court: patna Page 12 of about 638 results (0.165 seconds)

Feb 08 2007 (HC)

Medivet and ors. Vs. the Commissioner of Income Tax and anr.

Court : Patna

..... being satisfied that prima facie case has been made out, took cognizance under sections 267c, 277 and 278 of the income tax act, 1961. the impugned order of cognizance indicates application of judicial mind and satisfaction of learned judge.7. in the facts and circumstances of the case, at present ..... pendency where the court takes a view that the conclusion arrived at by the appellate authority under the act would have relevance upon the decision to be reached by the criminal court.6. it appears from the impugned order of cognizance that the learned judge after ..... by this court.5. now coming to the argument of petitioners' counsel this court finds that the pendency of assessment appeal or other proceedings under the income tax act by itself does not preclude the department from launching a prosecution. the criminal court in an appropriate case however, may stay the proceedings in view of such .....

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Feb 08 2007 (HC)

Karuna Kant Pandey and ors. Vs. State of Bihar and anr.

Court : Patna

..... code says about the continuing offence. according to which one series of acts so connected together as to form same transaction can be tried together.6. from the allegations made in the fir it is very much clear that the dowry demand continued ..... in another, or(c) where an offence is a continuing one, and continues to be committed in more local areas than one, or(d) where it consists of several acts done in different local areas, it may be enquired into or tried by a court having jurisdiction over any of such local areas.clause (c) of section 178 of the ..... in the state of uttar pradesh and, therefore, the court at bhabhua has no jurisdiction to try the same. in this connection learned counsel submitted that as per allegation the act of maltreatment and humiliation was meted out at varanasi. the victim lady was burnt to death at varanasi and no part of the alleged occurrence took place at bhabhua and .....

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Feb 09 2007 (HC)

Rameshwar Pandey and anr. Vs. Suresh Pandey

Court : Patna

..... from the limited owner she became full and absolute owner of the property having power to alienate and transfer the same. therefore, after coming into force of the 1956 act, lachho devi, who remained alive till 1970, became absolute owner of the property having full and unfettered right to transfer and alienate her property. thus, i find ..... the death of tita kumari, her daughter shyama devi came in possession of 8 annas share. the defendant has further alleged that after enactment of the hindu succession act, 1956, lachho devi who inherited the entire interest of her husband in the property left by baldeo pandey, became the full owner of the property having unfettered right ..... smt. tita kumari and accordingly, she came in possession of the half share of tita kumari in the property of sardar pandey. after enactment of the hindu succession act, 1956 smt. shyama devi became absolute owner of the property left by tita kumari. the said shyama devi died in the year 1963 leaving behind her the .....

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Feb 09 2007 (HC)

Smt. Kamlawati Thakur and Srimati Sobha Rai Paul and ors. Vs. State of ...

Court : Patna

..... of law the matter has been taken and the proceedings have been initiated in review or revision against the concurrent findings of the two survey authorities under 1920 act, as well as, the rules. this court is satisfied that the action in issuing notice and the proceedings of revision by the respondent state are without any ..... includes identification of boundaries and all other operations, antecedents to or connected with survey whereas power to order survey and record is provided in section 3 of the act. section 9 deals with the provisions for disposal of objections in respect of the change in the records of land in the municipality of bihar & orissa after ..... bihar 4 orissa municipal survey rules. (in short 'the rules') , after filing of objection by the petitioners claiming the disputed lands.5. section 9 of the act incorporates how to deal with objections, in respect of the disputed properties. all objections which may be made within the prescribed period of publication, to any entry or .....

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Feb 14 2007 (TRI)

Smt. Nirmal JaIn Vs. Income Tax Officer

Court : Income Tax Appellate Tribunal ITAT Patna

Reported in : (2008)112ITD164(Pat.)

..... than 8 per cent of gross receipts. once his gross receipts are less than rs. 40 lacs there was no compulsion on him by virtue of section 44ab of the act to get his accounts audited. once that is so, no fault can be found with the assessee for not getting his accounts audited. in any case, the explanation furnished by ..... contractor and it should be an integral part of civil contract work, only then an activity of works contract can be brought within the mischief of section 44ad of the act. as a result, we hold that the assesseo was under a bona fide belief that his case will not fall within section 44ad and, therefore, he was not required to ..... . the allegation of the ao was that the assessee ought to have got his accounts audited as required under section 44ab of the act because he has declared net profit at a rate less than 8 per cent whereas if an assessee is claiming profits and gains from civil construction at a rate less .....

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Feb 15 2007 (HC)

Md. Alam Vs. Addl. Member Board of Revenue and ors.

Court : Patna

..... the period of limitation before the competent authority under section 16(3) of the bihar land reforms (fixation of ceiling area & acquisition of surplus land ) act, 1961 ( (in short 'the act of 1961') contending that he is adjoining owner and raiyat in so far as the transferred land is concerned.5. the application was contested by the ..... person is not landholder but landless, obviously, then the question of right to exercise pre-emption would not come into fray.15. section 16(3) of the act of 1961 in chapter v, which deals with restriction on future acquisition is very important. the first revenue authority accepted and allowed the application for pre-emption filed ..... , the procedure prescribed in order 21, rule 34 of the code of civil procedure, 1908 (v of 1908), shall be, so far as may be followed.the act of 1961 has a benevolent design. it provides for fixation of ceiling, restriction on sub-letting, and resumption by certain raiyats, for personal cultivation of land, acquisition of .....

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Feb 19 2007 (HC)

Shailendra Kumar and ors. Vs. State of Bihar and anr.

Court : Patna

..... ., masurhi, patna in complaint case no. 65-c of 2004 thereby and thereunder cognizance under sections 406, 420 and 120b of ipc along with section 4 of the dowry prohibition act has been taken against the petitioners.3. on perusal of the complaint petition as well as submission of the learned counsel for the petitioners as also the opposite-party no .....

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Feb 21 2007 (HC)

Birendra Rai and Laxman Yadav Vs. the State of Bihar

Court : Patna

..... the guilt of the appellants. it has been submitted that the learned court below has seriously erred in awarding the sentence to the appellants. in this case, provisions of principal act of n.d.p.s. shall apply in which the maximum sentence under section 20 for possession of ganja is only upto five years with fine upto rs. 50,000 ..... by 1st additional sessions judge, bettiah in trial no. 15 of 2001, both the appellants have been found guilty under section 20b(2)(c) of the n.d.p.s. act and have been sentenced to undergo r.i. for ten years and to pay fine of rs. 1,00,000/- in default to further undergo r.i. for one year ..... 2nd october, 2002. it is further submitted that both the appellants have already remained in custody for much more than maximum sentence prescribed under section 20b(1) of the principal act, 1985.5. i find substance in the above submission of the learned counsel for the appellants. the date of the offence is 24.4.2001 on which date amended .....

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Feb 21 2007 (HC)

The Bihar State Pollution Control Board and ors. Vs. Dilip Kumar Jha a ...

Court : Patna

..... that the learned single judge rightly held that in the facts and circumstances of the case and in particular by reason of the provisions contained in the said act and the rules, the very process for appointment could not be initiated without the prior sanction of the state government and, accordingly, for the petitioners merely ..... pay scale of rs. 2,499/- without prior sanction of the state government, until substantive rules are framed under sub-section (3) of section 12 of the act.3. the respondent-board had put up an advertisement inviting applications for appointment to eight posts of assistant environmental engineers. those were responded, amongst others, by the ..... rules, the state government dealt with various matters which were required to be dealt with by the state government in terms of the prescriptions contained in the act. by the proviso to rule 8 of the rules, the state government provided that the respondent-board shall obtain prior sanction of the state government for, .....

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Feb 23 2007 (HC)

National Insurance Comp. Ltd. Vs. Smt. Sumitra Devi and ors.

Court : Patna

..... of the conditions as contained in section 149(2) of the act exists i.e. breach of condition of the policy and such defence is taken in the pleadings, the insurer is legally bound to satisfy the award. in ..... documentary evidence before the tribunal. he submitted that the grounds on which the insurance company can prefer appeal are provided under section 149(2) of the motor vehicles act 1988 and the quantum of compensation is not a ground available to the insurer for the purpose of filing appeal. the learned advocate further submitted that unless any ..... deceased and as such, the compensation should have been calculated on the basis of the notional income, as mentioned in 2nd schedule of the motor vehicle act, 1988 (as amended by act 54 of 1994). he has further argued that the tribunal has again committed mistake by granting medical expenses amounting rs. 2,500/- and funeral expenses amounting .....

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