Jharkhand Court January 2004 Judgments
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Ramchandra Mishra Vs. Jharkhand State Electricity Board and ors.
Court: Jharkhand
Decided on: Jan-29-2004
Reported in: [2004(1)JCR629(Jhr)]
ORDERR.K. Merathia, J.1. Heard the parties.2. The grievance of the petitioner is that he is not being given a fresh domestic electrical connection on the ground that there are dues of Rs. 14,666/- on the previous occupier of the premises being consumer No. 11-13/52 11-26-JF-86 without disclosing the name of the said consumer. It is further submitted that even the application form has not been accepted by the respondents. Learned counsel then submitted that in-spite of Judgment of the Hon'ble Supreme Court rendered in Isha Marbel's case followed by this Court in several judgments. The officers of the Board is not acting, as per those judgments.3. Learned counsel for the Board submitted that the petitioner should make a fresh representation before respondent No. 3, who will look into the matter and do the needful,4. In the circumstances, if the petitioner makes a fresh representation before the respondent No. 3 he will look into the matter and take a decision on that. If the authority fi...
Steel Authority of India Ltd. Vs. Reliance Firebricks and Pottery Comp ...
Court: Jharkhand
Decided on: Jan-29-2004
Reported in: [2004(2)JCR55(Jhr)]
P.K. Balasubramanyan, C.J. 1. This appeal is by the plaintiff in a suit for recovery of the damages for breach of contract of supply of fire clay bricks and recuperator tubes by the first defendant company. The plaintiff invited quotations for the supply of the above articles and the quotation of the first defendant was accepted and on 8.1.1971, the plaintiff placed an order with the first defendant for supply of 14, 420.27 M.T. of fire clay bricks. On 3.2.1971 the plaintiff placed another order with the first defendant for supply of 31,917 pieces of recuperator tubes. The first defendant was to make available samples for testing by the plaintiff. The supply was to commence after the samples were approved. On 8.4.1971, the first defendant requested the plaintiff to arrange for an inspection of fifty pieces of samples of recuperator tubes. Some samples were produced. The plaintiff tested them and found that the recuperator tubes did not conform to the required drawings as per which the ...
New United Construction Company Vs. Commissioner of Income Tax
Court: Jharkhand
Decided on: Jan-29-2004
Reported in: (2004)190CTR(Jharkhand)116; [2004]270ITR214(Jharkhand); [2004(2)JCR116(Jhr)]
P.K. Balasubramanyan, CJ.1. The Income Tax Appellate Tribunal, Patna, has referred the following question to this Court under Section 256(1) of the Income Tax Act:'Whether on the facts and in the circumstances of the case, the imposition of penalty under Section 271(1)(c) of the Income Tax Act amounting to Rs. 2.20.000/- was legal and valid ?2. During the course of the assessment for the assessment year 1985-86, the assessing officer noticed that a sum of Rs. 2.96.575/- was shown by the assessee as an amount due to sundry creditors, but that the said amount was not an amount payable by assessee but the said amount was one which was already received by the assessee and credited to its bank account, though, the certificate for deduction of tax at source had not been received. The assessee had earlier filed a revised return continuing to show the sum of Rs. 2.96.575/-as due to sundry creditors. After the aspect was highlighted by the assessing officer, the assessee filed yet another revis...
Beekay Steel Ltd. Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Jan-29-2004
Reported in: 2004(1)BLJR767; [2004(1)JCR504(Jhr)]; [2005]141STC263(Jharkh)
R.K. Merathia, J.1. Heard the parties.2. Both the cases involve common questions of fact and law and thus they are being disposed of by this common judgment.3. In WP (T) 1684 of 2003, the petitioner has prayed for a declaration that it is entitled to exemption from payment of sales tax on purchase of raw materials under S.O. No. 478, dated 22.12.1995 read with S.O. No. 57, dated 2.3.2000 both Issued under Bihar Industrial Policy, 1995, even in absence of any formal document regarding prior approval issued under Notification dated 2.3.2000. Similarly, in WP (T) No. 2144 of 2003, petitioner is claiming exemption from payment of sales tax on sale of finished goods under S.O. No. 479, dated 22.12.1995 read with S.O. No. 58, dated 2.3.2000.4. The case of the petitioner in short is as follows. In the year 1995, the State of Bihar with a view to promote industries in the State, assured the entrepreneurs to give all possible help. For this purpose, a Single Window System was started. An Indust...
Dhanu Gope and Pramod Kumar Roy Vs. Jharkhand State Electricity Board ...
Court: Jharkhand
Decided on: Jan-29-2004
Reported in: [2004(2)JCR60(Jhr)]
ORDERS.J. Mukhopadhaya, J.1. In pursuance of Court's order, Mr. J.N. Singh, Secretary JSEB is present.2. It is stated that the Secretary, BSEB was present on the last date, but as the Court was not available on that date, he gave his attendance before the Registrar General of this Court.3. It has been brought to the notice of the Court that the JSEB and BSEB have made discussions on 27th December, 2003 and came to an agreement as to who will pay the retirement benefits to one or other employees of the then Bihar State, Electricity Board. It has been circulated vide Memo No. 191/S/EB dated 27th December, 2003 issued by the BSEB, Patna.W.P.(S) 2272/03 (Dhanu Gope) :4. In respect to Dhanu Gope, the following amount is being paid towards retiral benefits vide cheques.Pension arrearRs. 70,174.00Revised Pension ArrearRs. 20,394.00TotalRs. 90,568.00 vide Cheque No. 841819, dated 22.01.2004GPFRs. 1,10,682.00, vide Cheque No. 910308, dated 22.01.2004.5. Both the cheques have been handed over to...
Saraswati Devi and ors. Vs. State of Jharkhand and anr.
Court: Jharkhand
Decided on: Jan-29-2004
Reported in: 2004(1)BLJR506
ORDERLakshman Uraon, J. 1. Inspite of various services of notice upon O.P. No. 2, he has not appeared either personally or by executing Vakalatnama.2. Heard the learned counsel for the petitioners.3. Petitioners have filed this criminal revision against the order dated 10th July, 2002 passed by learned Additional Sessions Judge, Sahebganj in Special Case No. 8 of 2002 (Barharwa PS Case No. 127 of 1995) by which the learned Court below dismissed the application filed on behalf of the petitioners to discharge them.4. The case was registered on the written information of informant Karan Soren who has alleged that he purchased one second-hand Truck bearing Registration No. WGH-6013 on 26th August, 1991 for which consideration of Rs. 1,50,051/- was settled. On 26th August, 1991, he paid Rs. 90000/- and on 14th October, 1991 and on 23th May, 1992 he paid Rs. 1000/- and Rs. 9000/-respectively. Thus, a total amount of Rs. One Lakh only out of settled consideration of Rs. 1,50,051/- was paid by...
Chanda Devi Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Jan-29-2004
Reported in: [2004(2)JCR620(Jhr)]
ORDERAmareshwar Sahay, J.1. From perusal of Annexure-5 to the supplementary affidavit filed by the petitioner which is a copy of the proceeding of the meeting dated 4.12.2003 it appears that the Government of Jharkhand has taken certain decision with regard to regularisation/absorption of the work charge/dally wages employees working as such since long. The claim of the petitioner is that her husband was also working as work charge employee for more than 10 years and, therefore, her husband was entitled to be regularised/absorbed. She has prayed for compassionate appointment in place of her husband who died in harness.2. In my view at this stage, no direction is required to be issued to the respondents since the Government is already proceeding ahead in this matter as it appears from the resolutions contained in Annexure-5.3. In that view of the matter, this application is disposed of with an observation that if any decision regarding regularisation/ absorption of the work charge/dally...
New United Construction Co. Vs. Cit
Court: Jharkhand
Decided on: Jan-29-2004
Reported in: [2004]137TAXMAN290(NULL)
P.K. Balasubramanyan CJ. The Income Tax Appellate Tribunal, Patna, has referred the following question to this court under section 256(1) of the Income Tax Act'Whether on the facts and in the circumstances of the case, the imposition of penalty under section 271(1)(c) of the Income Tax Act amounting to Rs. 2,20,000was legal and valid'.2. During the course of the assessment for the assessment year 1985-86, the assessing officer noticed that a sum of Rs. 2,96,575 was shown by the assessee as an amount due to sundry creditors, but that the said amount was not an amount payable by the assessee, but the said amount was one which was already received by the assessee and credited to its bank account, though, the certificate for deduction of tax at source had not been received. The assessee had earlier filed a revised return continuing to show the sum of Rs. 2,96,575 as due to sundry creditors. After the aspect was highlighted by the assessing officer, the assessee filed yet another revised re...
Veena Devi Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Jan-28-2004
Reported in: [2004(1)JCR628(Jhr)]
ORDERM.Y. Eqbal, J.1. Heard the parties. No counter affidavit has been filed by the respondent-State although this Court by order dated 12.12.03 allowed sufficient time to file counter affidavit.2. The matter relates to compassionate appointment. The petitioner's husband was a sweeper and employed under the respondent No. 4-CiviI Surgeon-cum-Chief Medical Officer. Dumka. He died in harness on 21.4.1999. After his death, the petitioner being the widow applied for compassionate appointment, which has been rejected by the impugned order dated 4,3.03 on the ground that qualification of the petitioner was up to Class V only.3. According to the respondents, the qualification for appointment on class IV post is 'Class VIII pass.'4. I do not find any justification in rejecting the name of the petitioner for compassionate appointment on the ground of qualification. The petitioner being the widow of a sweeper and belonging to scheduled caste category could have given the benefit on compassionate...
Punjab National Bank Vs. State of Bihar (Now Jharkhand) and ors.
Court: Jharkhand
Decided on: Jan-28-2004
Reported in: 2004(52)BLJR647; [2004(2)JCR328(Jhr)]
1. This is an appeal by the tenant of a commercial building. Although a caveat was filed on behalf of the respondent-landlord, no one was present to argue on behalf of the respondent when the case was called on for hearing.2. The Punjab National Bank; the tenant, advanced some amounts to the landlord for construction of a building. The building was mortgaged to the Bank. The ground floor of the building was built to suit the needs of the Bank and was let out by the landlord to the Bank on a rent of Rs. 1,850/- per month. The lease commenced on 1.11.1970. The term was of 15 years and hence the term of the lease came to an end on 31.10.1985. There was an option for renewal with the tenant on paying enhanced rent at the rate of Six Paise per square foot. The total area occupied was five thousand square feet. Apparently, in view of the reluctance on the part of the landlord to enter into a fresh agreement, the Bank had filed a suit for enforcing the right of renewal available to it under t...
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