Patna Court January 1995 Judgments
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Commissioner of Income-tax Vs. Baidyanath Prasad Agrawal
Court: Patna
Decided on: Jan-12-1995
1. These two tax case references are at the instance of the Revenue, referred by the Income-tax Appellate Tribunal under Section 256(1) of the Income-tax Act, 1961, for decision of this court.2. The common question of law that arises in these two cases for the two assessment years 1979-80 and 1980-81 reads as follows : ' Whether, on the facts and in the circumstances of the case, the Tribunal is right in law in holding that the share income of the minor sons of the assessee from the partnership-firm in which they are admitted to share the profits only and in which their respective fathers are partners in their representative capacities as kartas of the Hindu undivided families are not includible in the income of the assessee in terms of Section 64(1)(iii)?'3. The Tribunal for answering the question in favour of the assessee placed reliance on the Andhra Pradesh High Court judgment in CIT v. Sanka Sankaraiah : [1978]113ITR313(AP) , another judgment of the Gujarat High Court in Dinubhai...
Paspat Rai and Another Vs. Manager, State Bank of India and Another
Court: Bihar State Consumer Disputes Redressal Commission SCDRC Patna
Decided on: Jan-08-1995
B.N. Sinha, President: 1. This appeal is directed against order dated 20th January, 1994 passed by the District Forum, West Champaran at Motihari in complaint case No. 45 of 93. The complainant before the District Forum is the appellant here and the respondent here-was the opposite party before the District Forum. 2. The memo of appeal was presented before this Commission on 30.8.94 i.e. much after the expiry of the period of thirty days from the date of the impugned order and therefore an application supported by an affidavit has been filed stating the facts on which the appellant relies to satisfy this Commission that there was sufficient ground for not presenting the appeal before this Commission within the period prescribed under Section 15 of the Consumer Protection Act (hereinafter called the Act). It appears that the certified to be true copy of the order was issued and handed over to the appellant on 2.2.94 but the appeal has not been presented within thirty days thereof. The a...
Akhil Bhartiye Grahak Panchayat, Jehanbad Vs. Divisional Engineer, Tel ...
Court: Bihar State Consumer Disputes Redressal Commission SCDRC Patna
Decided on: Jan-06-1995
K.P. Sinha, Member: 1. This is a complaint filed by Akhil Bhartiye Grahak Panchayat, Jehanabad against the Divisional Engineer, Gaya Telegraphs Division and the Accounts Officer through Divisional Engineer, Gaya Telegraphs Division. It has been contended in the complaint petition that 44 subscribers listed in Annexure 1 of the complaint petition deposited their advance rental for one year before 16th August, 1990 on or after which date the services were provided. Inspite of it the opposite parties demanded rentals for the period for which the payments have already been made i.e.; rental was demanded for the period 1.6.91 td 31.7.91 for which period the advance rental payments were made and therefore any bill for the rental could only pertain to the period after 16.8.91. It has also been contended that due to a fire in the Telephone Exchange on 1.5.91 the telephone services got completely disrupted. In case of five subscribers however detailed in Annexure-3 of the complaint petition the...
Kumar Distributors (P) Ltd. Vs. Sri Bidyadhar Pandey
Court: Bihar State Consumer Disputes Redressal Commission SCDRC Patna
Decided on: Jan-06-1995
B.N. Sinha, President: 1. This appeal is directed against order dated 23rd November, 1992 passed by the District Forum, Panta in Case No. 579 of 1991 in which the appellant here was the opposite party and the respondent here was the complainant before the District Forum. 2. The facts of the case as put forth by the complainant before the District Forum may be briefly stated. The complainant purchased a Beltek Colour Television, Model No. Euro 001 on 4.6.88 which was installed in his residence. But shortly thereafter some defect was detected in that TV for which the complainant immediately approached the proprietor of Miscellaneous Stores, New Market, Patna (opposite party 4) who directed him to contract opposite party No. 3 The complainant accordingly approached opposite party 3 and several times thereafter and opposite party 3 used to send his technician feach time for correcting the defects. But it could not be made perfect. The complainant thereafter again approached the proprietor ...
Raj Kumar Mishra Vs. State of Bihar and ors.
Court: Patna
Decided on: Jan-02-1995
Nagendra Rai, J.1. The petitioner has filed the present application for quashing a part of the order dated 21-9-1994 by which the appeal filed by the petitioner against the order of confiscation of the truck in question has been dismissed by the Deputy Commissioner, Ranchi (Respondent No. 2).2. The facts necessary for disposal of the present application are that the truck in question, bearing registration No. BPV 8715, was seized by the police officer on the allegation that timber was being carried away on the said truck in contravention of the provisions of the Indian Forest Act (hereinafter referred to as the Act). A police case, being Hatia P.S. Case No. 261/92 under Sections 414/413 of the Indian Penal Code read with Sections 41/42 of the Indian Forest Act was registered against the petitioner and Ors. 3. The petitioner filed an application before the Chief Judicial Magistrate for the release of the truck which was rejected by him on the ground that a confiscation proceeding has a...
Urmila Devi Vs. Life Insurance Corporation of India
Court: Bihar State Consumer Disputes Redressal Commission SCDRC Patna
Decided on: Jan-02-1995
K.P. Sinha, Member: 1. This is a complaint filed by Smt. Urmila Devi against the Life Insurance Corporation of India, its Divisional Manager,. Branch Manager and the authroised Agent, Wajid Hussain. It has been averred by the complainant that her husband late Bipin Bihari Pandey took a policy with the Life Insurance Corporation of India, Hazaribagh under Scheme Nos. 14 and 16 of the LIC for Rs. 2,11,000/- and deposited a sum of Rs. 3,922/- on 7.12.92 as the premium for the policies. On this date i.e.; 7.12.92 it has been averred that the proposal form duly signed was handed over to the Development Officer of the LIC and the Agent Wajid Hussian and a sum of Rs. 3,922/- was deposited vide Deposit Memorandum No. 8989 dated 7.12.92. On this date the Development Officer of the LIC informed that the proposer i.e.; the husband of the complainant will have to have a medical check up done by the registered doctor of the LIC. Thereafter on 19.12.92 he was examined by the concerned Medical Office...
Smt. Shyama Roy and ors. Vs. State of Bihar and ors.
Court: Patna
Decided on: Jan-01-1995
Prasun Kumar Deb, J.1. Both the writ petitions have been heared together and are being disposed of by this common order.2. The petitioners in both the cases are Lecturers of different Constituent Colleges under the Vinoba Bhave University, Hazaribagh (respondent No. 2). Previously they were under the Ranchi University and while serving under the Ranchi University, it is said that some of the petitioners have been transferred from their original Colleges to other Constituent Colleges, although by a subsequent notification in the year 4990, transfer of petitioners No. 1, 2, 3 and 7 were cancelled and they were sent back to their original Colleges.3. In September, 1992, Vinoba Bhave University, Hazaribagh, came into existence and the Colleges in which the petitioners are serving now were declared an Constituent Colleges under the respondent No. 2 by notification dated 3.2.1994 vide Annexure-4. The petitioners were sought to be transferred to various other constituent colleges mentioned i...
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