Patna Court December 1993 Judgments
Pashupati NaraIn Vs. the State of Bihar and ors.
Court: Patna
Decided on: Dec-24-1993
S.B. Sinha, J. 1. This application is directed against an order dated 29-9-1993 as contained in Annexure-6 to the writ application, whereby and whereunder the earlier order of transfer dated 3-8-1993 passed by Respondent No. 3 has been cancelled.2. The fact of the matter lies in a very narrow compass.3. By an order dated 3-8-1993 as contained in Aunexure-1 to the writ application. Respondent No. 4 was transferred to the Government Teachers' Training College, Turki on the post of Clerk. He was posted on 5-8-1993 by the Regional Deputy Director of Education. By an order dated 19-8-1993, the petitioner was posted in place of Respondent No. 4. On or about 26-8-1993 the said order of transfer is said to have been approved by the District Education Establishment Committee in its meeting held on 26-8-1993 (Annexure-4 to the writ application). Respondent No. 4 was thereafter placed under suspension.4. According to the petitioner, thereafter charge sheet was also issued as against Respondent ...
Tag this Judgment!M. L. Enterprises and Others Vs. Commissioner of Income-tax and Others ...
Court: Patna
Decided on: Dec-24-1993
G. C. BHARUKA J. - In these three writ applications which are based on identical foundational facts involving similar questions of law and reliefs claimed, the prayer is for a direction upon the respondents to forthwith release the books of account pertaining to the transactions of the petitioner firms which had been impounded on August 24, 1992, under the provisions of section 131(3) of the Income-tax Act, 1961 (hereinafter in short "the Act" only).The petitioners are partnership firms registered under the provisions of the Act and are engaged in the business of sale and purchase of various agricultural produce either of their own account or as commission agents.Pursuant to the notices issued to the petitioners under section 131(1) of the Act, they produced their books of account in question before the respondent Assistant Commissioner (Inspection) which were impounded by him under sub-section (3) of the aforesaid section. Since respondent No. 2 felt it necessary to retain ...
Tag this Judgment!M.L. Enterprises and ors. Vs. Commissioner of Income-tax and ors.
Court: Patna
Decided on: Dec-24-1993
G.C. Bharuka, J. 1. In these three writ applications which are based on identical foundational facts involving similar questions of law and reliefs claimed, the prayer is for a direction upon the respondents to forthwith release the books of account pertaining to the transactions of the petitioner firms which had been impounded on August 24, 1992, under the provisions of Section 131(3) of the Income-tax Act, 1961 (hereinafter in short 'the Act' only).2. The petitioners are partnership firms registered under the provisions of the Act and are engaged in the business of sale and purchase of various agricultural produce either of their own account or as commission agents.3. Pursuant to the notices issued to the petitioners under Section 131(1) of the Act, they produced their books of account in question before the respondent Assistant Commissioner (Inspection) which were impounded by him under Sub-section (3) of the aforesaid section. Since respondent No. 2 felt it necessary to retain the...
Tag this Judgment!Madan Sah Vs. Laleshwar Choubey and anr.
Court: Patna
Decided on: Dec-22-1993
Nagendra Rai, J. 1. The tenant-petitioner has filed the present application under Section 14(8) of the Bihar Building (Lease, Rent and Eviction) Control Act (hereinafter referred to as the Act) against the order dated 30-4-1993 passed by the learned Munsif, Darbhanga, in Eviction Suit No. 31/92, by which he has decreed the suit of the plaintiffs-opposite parties for eviction against the petitioner and directed him to vacate the suit premises within the period fixed in the order, failing which the plaintiffs would be entitled to get the decree executed against the defendant through the process of the court. 2. The factual foundation essential for the disposal of the present application is that the plaintiffs-opposite parties filed the aforesaid suit for eviction against the petitioner on the ground of personal necessity. 3. The plaintiffs' case, in brief, is that they have their house on holding No. 34, Ward No. 10 in Mohalla Jurawan Singh in the district of Darbhanga. They are livin...
Tag this Judgment!Sahara India Vs. Mahendra Sah
Court: Bihar State Consumer Disputes Redressal Commission SCDRC Patna
Decided on: Dec-17-1993
B.N. Sinha, President: 1. This appeal is directed against order dated 11th June, 1992 passed by the District Forum, Arrah (Bhojpur) in Complaint Case No. 10 of 1992 in which the appellant was the opposite party and the respondent here was the complainant before the District Forum. 2. The case of the complainant may be briefly stated. The complainant is an account holder of the opposite party under true. Family Welfare Account Scheme. The account was opened on 28th August, 19c85 for a period of five years on the basis of instalment of Rs. 5/- daily made. His Account No. was 35520. But the complainant discontinued the payment towards that account and hence the account was discontinued and the account was closed and the total amount that was deposited by the complainant was Rs. 1200/- only. After the date of maturity the complainant went to the opposite party and met the Manager and Clerks in its office at Arrah for the payment of Rs. 1200.00 which he had deposited. But he was informed th...
Tag this Judgment!Gyanchand Agrawal Vs. the Central Bureau of Investigation
Court: Patna
Decided on: Dec-16-1993
R.N. Sahay, J.1. The petitioner at the material time was Deputy Manager Incharge stores, Heavy Engineering Corporation Ltd., Dhurwa, It appears that on 14-3-1985 one Tarkeshwar Pd. Singh who at the relevant time was Supervisor of Prince Electricals, Ancillary Industrial Area, Hatia appeared before superintendent of Police, C. B. I. and submitted a petition that the petitioner had demanded illegal gratification from him for supplying materials. The S. P., C.B.I, after completing official formalities constituted a trap party. On 15-3-1985 the members of the trap party assembled at the works site of the M/s. Prince Electricals to watch and see the activities of the petitioner in connection with the demand of gratification. The petitioner was caught by the traping party with Rs. 2,500. A case being R.C. No. 2 of 1985 dated 15-3-1985 was registered against the petitioner which is pending in the court of the Special Judge (C.B.I.), Ranchi. The petitioner has filed this application under Se...
Tag this Judgment!Maheshwar Mahto and ors. Vs. Bati MahataIn and anr.
Court: Patna
Decided on: Dec-12-1993
R.N. Sahay, J.1. This appeal is by the defendants against the Judgment and decree dated 26-4-1986 of the 1st Additional Subordinate Judge. Chaibasa which affirmed the judgment and decree dated 26-5-1982 of the Munsif, Saraikela, in T.S. No. 8 of 1979 by which plaintiffs suit was decreed in terms of the relief claimed in the plaint.2. The plaintiff brought the suit out of which this appeal arises for declaration of their right, title and possession over the land described in Schedule of the plaint. The suit land appertains to several plots of Khata No. 75. In Mauja, Chunidih, in the district of Singhbhum, the total area being 5.67 acres. The plaintiff has further sought declaration that the order passed by the Sub-Divisional Officer, Saraikela in Ceiling Case No. 5 of 1970 and the order passed in Misc. Appeal No. 77 of 1971 by the Deputy Commissioner, Singhbhum were illegal, void and without jurisdiction.3 . The brief facts leading to the institution of the suit are these. The recorded...
Tag this Judgment!D.E.T. Muzaffarpur Vs. Agriculture Marketing Board
Court: Bihar State Consumer Disputes Redressal Commission SCDRC Patna
Decided on: Dec-10-1993
B.N. Sinha, President: 1. These Appeals Nos. 160 of 92 and 168 of 92 which are between the same parties and which involve identical question of law have been heard together and are being disposed of by this common order. 2. Both these orders have been passed by the District Forum, Muzaffarpur. Appeal No. 160 of 92 is directed against order dated 6.8.92 passed in Complaint Case No. 123 of 91 and Appeal No. 168 of 92 is directed against order dated 12.7.92 in Complaint Case No. 124/91. The appellant before this Commission in these two appeals was the opposite party and the respondent here was the complainant in both the cases. 3. The facts of the case are not required to be mentioned in detail for the disposal of these two appeals. The complainant is the subscriber of telephone Nos. 242617 and 43684 respectively. Bills were sent in respect of Telephone No. 42617 by the opposite party which according to the complainant were excessive and inflated once. Hence he filed Complaint Case No. 12...
Tag this Judgment!Arjun Prasad Sharma and ors. Vs. Bihar State Small Industries Corporat ...
Court: Patna
Decided on: Dec-09-1993
S.B. Sinha and G.S. Sharma, JJ.1. In this writ application the petitioners have sought for issuance of a writ of or in the nature of mandamus directing the respondents to regularise the services of the petitioners as also for giving equal pay for equal work and other incidental reliefs.2. The petitioners are said to be the workmen of the respondent-Corporation. According to the petitioners the workmen of the respondent-Corporation are in three categories first category is of those who are appointed on substantive and permanent post, the second category of the workmen are employees on daily wages basis and third category workmen are piece rated workmen. According to the petitioners they are not treated at par with the employees who are employed on a substantive and permanent post in the matter of grant of various allowances including house rent allowance, city allowance etc.3. Admittedly, an Industrial Dispute was raised which gave rise to a reference made by State of Bihar being Refe...
Tag this Judgment!Bihar Motor Transport Federation and ors. Vs. State of Bihar and ors.
Court: Patna
Decided on: Dec-07-1993
S.B. Sinha, J. 1. The vires of Rule 3B of the Bihar Motor Vehicles Taxation Rules 1930 is in question in these writ applications. 2. The petitioner No. 1 of CWJC No. 9981 of 1992 is a registered association of transporters looking after their Welfare and the petitioner Nos. 2 and 5 have been carrying on their transport business. 3. The legislature of Bihar enacted BiharMotor Vehicles Taxation Act, 1930, (here-inafter called and referred to as 'the said Act'),in terms whereof road tax as envisaged under Section 6 thereof upon the transport operationshad been levied. 4. In the year 1993 the State of Bihar byreason of the provisions of Bihar Finance Act,1983 imposed additional tax upon the PublicService Motor Vehicles by inserting Section 6(1A)therein. 5. The State of Bihar in exercise of its power conferred upon it under Section 14 of the said Act framed rules known as 'Bihar Motor Vehicles Taxation Rules 1930'. In the year1966 Rule 3B was inserted in the said rules; in terms whereof...
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