Court : Patna
..... imposed on the appellant in cases arising out of the old act. this was decided after consideration of the various decisions, including the decision in hoosein kasam dada (india) ltd. v. state of madhya pradesh, air 1953 sc 221. in this context it was observed as follows : 'we have already observed earlier that the right of appeal under the ..... force at the date of the filing of the memoranda of appeal which was after the relevant date. after referring to the decision in messrs hoosein kasam dada (india) ltd. v. state of madhya pradesh reported in air 1953 sc 221, and some other decisions of the various high courts, including that of calcutta high court, it was held ..... arguments, i shall deal with the decisions mainly relied upon in support of the aforesaid propositions. 7.1 in the case of messrs hoosein kasam dada (india) ltd. v. the state of madhya pradesh, air 1953 sc 221 the appellantbefore the supreme court submitted to the sales tax officer on 28-11-47 a sales tax return. ultimately .....
Tag this Judgment!Court : Patna
..... 71 stc 1 .30. finding his task made easy by the submissions advanced by the amicus curiae, the learned advocate general submitted that the rules framed by the other states also fixed a period of time (varying between 30-60 days.) without any provision for relaxation or extension of the time. he submitted that the same question arose under ..... and duties of the traders/dealers under the new law. there was a lot of confusion, some of which persist till today. he submitted that in that highly confused state, coupled with the failure to get tax payer identification number (tin) in time, the petitioner was unable to submit the details of his stocks in time. he further ..... (demonetisation) act, 1978 similarly had a cut-off period for depositing the high denomination notes for exchange before the reserve bank of india or the other designated banks. many more instances can be given of cut-off dates under different laws. cut off dates are also common in executive or quasi judicial actions. there are .....
Tag this Judgment!Court : Patna
..... 1, (c) four adivasi villages or hamlets, (d) dakbungalow now belonging to p.w.d. recorded in khewat no. 8 in the name of the secretary of state for india, (e) bharaghar (refreshment home), (f) tea plantations, residential quarters and servant quarters recorded in the name of the then owner under separate khewat, (g) raiyati agricultural ..... of the bihar land reforms act or by the subsequent notification ? 6. is the agreement dated the 5th february, 1965, entered into murtipujak jain community of india and the state of bihar illegal, ultra vires, void, mala fide and is in colourable exercise of powers without any public interest and without any compelling necessity ? 7. ..... ex-landlord of the hill and by referring the decisions of different courts including that of privy council, it was stated that those have become state after the independence of india and the constitution of india came in force and all those judgments are required to be looked into in the light of the constitution and changed .....
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aftab alam, j. 1. the petitioner was nominated as chairman of the managing committee of the nalanda central co-operative bank limited, nalanda by a notification issued by the state government on 15-12-2001 (annexure-1). in terms of that notification the petitioner was to hold office for a period of three years. in the meanwhile, bihar co-operative ..... days could be counted at least from the date the copy of the gazette, in which the amendment act was published, was received in the concerned department.4. learned counsel stated that in this case even the copy of the gazette (extraordinary) dated june 8, 2002 was not received in the co-operative department and an averment to this effect was ..... central excise v. new tobacco and company and ors., 1998 (8) s.c.c. 250 and the other by a bench of this court in mcdowell & company ltd. v. the state of bihar and ors., 2000 (3) pljr 475.6. on a careful consideration of the matter i am unable to accept the submission and to my mind the two decisions .....
Tag this Judgment!Court : Patna
..... . ltd. 2006 (3) supreme 647 since reported also in : air2006sc1899 .5. the short facts giving rise to the present application need to be noted. in 1978, petitioner-central bank of india filed title mortgage suit no. 119 of 1978 against the opposite party for realisation of its money with interest pendente lite and future till realisation. while the suit was pending ..... revision no. 1281 of 2005 in which after hearing the parties, the civil revision, it is now stated, was dismissed.7. it appears once the application under order 7, rule 11 of c.p.c. was rejected on 4.4.2005. the bank then filed a petition under order 14, rule 2(2) of c.p.c. on 8.6. ..... its judgment and order dated 23.7.1999 and a recovery proceeding for enforcing the certificate had already been instituted. on behalf of defendant-petitioner-bank, strong reliance was placed in the case of united bank of india air 2000 sc 2957 (supra) for the proposition that in terms of sections 17 and 18 of the act, the jurisdiction of the civil .....
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..... or alienating or encumbering or transferring to properties and assets mentioned in the above schedule. afterwards when this act has been repealed by new act as industrial reconstruction bank of india act, 1995, an amendment petition has been filed under the repealed act. the position regarding proceedings under section 40 of the old act remained in vogue as ..... under section 40(5) of the act. notices were also issued to the respondents no show cause as to why such injunction should not be made absolute. as stated above, the respondent no. 1 only contested the matter and show cause in respect of the injunction matter and also objection regarding the main petition had been filed.5 ..... calcutta high court in its original jurisdiction, there is no scope of entertaining the second suit in the form of section 40 of the act. it is further stated that the petition has been registered as a company petition but there is no provision under the company act as per section 10 of the company act entertaining .....
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..... to the counter-affidavit. since the irregularities committed by the petitioner related to the period of his postings as officer at paris (france) branch of the bank of india and also at adityapur industrial estate branch it took time to collect the materials and a departmental proceeding was initiated on april 11, 1997 and show cause ..... the officer grade in november 1972 and in the meantime, he was : transferred from jamshedpur to gauhati. in 1988 he was posted at paris (france) branch of bank of india and he continued there till december, 1992. he was relieved from the paris (france) branch on december 4, 1992 . with instruction to report to zonal manager, ..... submitted his resignation to the general manager of the bank of india, bombay through the zonal manager, lucknow. in the said letter the petitioner stated that he has submitted his resignation from the service of the bank as from april 10, 1993 itself and he also authorized the bank to recover any amount legally due from him from the .....
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..... tribunal has no jurisdiction. reference in this connection may be made to the decision of the supreme court in the case of titaghur paper mills co. ltd. v. state of orissa reported in air 1983 sc 603 in which discussing the question of alternative remedy, the three judge bench of the supreme court has very categorically held that ..... literal interpretation and saying so the learned author has quoted two learned judges. the said passage is set out below :-- 'the presumption in favour of literal interpretation was stated by a nineteenth century lord chancellor, lord selbome, in the words 'there is always some presumption in favour_of the_more simple and literal inter-pretation of the words of the ..... dey (supra) reported in air 1997 cal 96. 37. both justice c. k. thakkar speaking for the division bench of gujarat high court in the case of bank of india v. baroda cables reported in 1999 isj (banking) page 309 and a learned single judge of delhi high court in the case of shoes east ltd. v. allahabad .....
Tag this Judgment!Court : Patna
..... application under chapter xxi (c) rule 5 of patna high court rules for addition of party as intervenor-respondent no. 5.6. counter affidavit on behalf of central bank of india and its officials (respondent nos. 2 to 4) and rejoinder to counter affidavit and supplementary affidavit on behalf of petitioners have also been filed, respondent nos. 2 ..... civil procedure and, further, that handwriting of both the orders dated 3.10.1996 and signature of the presiding judge appears to be different have been denied by stating in paragraph 15(b) that the allegations leveled against the learned court-below are not dignified and should be deprecated because it has not been substantiated by any ..... , this court decided to proceed with the disposal of the matter pursuant to the order reserved earlier.14. the registrar general in his report dated 12.5.2004 stated that he vide letter no. 44/rg/2004, dated 9.3.2004 requested the district and sessions judge, siwan to make available the copies of court diary of .....
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..... budha colony, p.o. & g.p.o.-district and town-patna .... .... petitioner versus 1. the state of bihar through district magistrate, patna 2. the district magistrate, munger 3. the additional district magistrate-incharge, district general section, district- munger 4. bank of india, through its chairman, head office, express towers, nariman point, mumbai-400021 .... .... respondent/s with letters ..... caste certificates. this court in cwjc 960 of 1997 had held that the state authorities alone were competent to decide his caste status. contrary to the same, the impugned order refers to the request made by the regional manager, bank of india by letter no.3990 dated 12.1.1991 requesting for cancellation of his caste ..... 960 of 1997 had already observed that in event of success the employee shall be entitled to full back wages. in (2009) 3 scc 12.(novartis india ltd. v. state of w.b.) it was observed :- 36 ..the fact that they survived and did not die of starvation itself could not be a ground for .....
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