Patna Court February 1995 Judgments

State Bank of India Vs. Union of India (Uoi) and ors.

Court: Patna

S.J. Mukhopadhaya, J.1. The appellant has preferred this appeal against judgment passed by the learned Single Judge dated September 16, 1985 in C.W.J.C No. 422 of 1983.2. The Respondent No. 4 was a causal employee of the appellants State Bank of India (in short 'Bank'). His services were terminated (retrenched). Such retrenchment was held to be illegal by an award detect July 23, 1983, pronounced published onAugust 11, 1983 by the Presiding Officer, CentralGovernment Industrial Tribunal, Dhanbad. It isagainst the said Award dated July 23, 1983, the Bankmoved this Court by filing the aforementioned writapplication, which was confirmed by the learnedsingle Judge of this Court by impugned judgmentdated September 11, 1985 after some modificationrelating to arrears of salary. The Bank has preferredthis appeal against the same.3. The facts of the case lie in a narrow compass, which are as follows.4. The Respondent No. 4, Satrughan Mishra was appointed on temporary basis to perform the dutie...

JaIn Handloom Emporium Vs. Deputy Commissioner of

Court: Income Tax Appellate Tribunal ITAT Patna

Reported in: (1995)54ITD88(Pat.)

1. Common issue which has arisen for our consideration in these three appeals filed by the assessee which relate to assessment years 1988-89 to 1990-91, is whether the interest granted to the assessee as per Section 132B(4) of the I.T. Act, 1961 upon refund of the seized amount is assessable on accrual or receipt basis.2. In order to decide this issue, the facts connected with the case have to be jotted down and which run like this : 3. The search party seized a sum of Rs. 4,51,700 from the assessee and the same was retained pursuant to an order passed by the Assessing Officer (for short AO) on 28-7-1987 under Section 132(5) of the Act which was subject-matter of application filed before the Income-tax Commissioner (for short ITC) under Section 132(11) of the Act. The ITC passed an order on 20-6-1989 under Section 132(12) of the Act ordering release and refund of the seized amount. A sum of Rs. 93,040 was also awarded as interest for the period from 1-2-1988 to 31-5-1989 in accordance...

Md. Khurshid Alam Vs. Chief Election Commissioner and ors.

Court: Patna

Banwari Lal Yadav, J.1. In these five analogous writ petitions the point for our determination is as to whether the impugned orders passed by respective District Magistrates Zila/Nirvachan Padadhikari in this State, even though purporting to have been passed in compliance with the Orders and Directions of the Chief Election Commissioner (Respondent No. 1 in the first writ petition), but in fact in utter disregard of the same for impounding and deposit of the fire arms, can be sustained? These analogous writ petitions would be referred as the first, second, third (and so on) etc. and would be disposed of by a common judgment. The relief sought for in these writ petitions is for quashing the impugned orders by issuing a writ of certiorari.2. The factual matrix of the first writ petition is that Mr. Md. Khurshid Alam, an Advocate of this Court, has filed this writ petition under Article 226 of the Constitution as Public Interest Litigation (for short PIL) seeking the relief to issue a wr...

Saiyed Bedrudoja Vs. State of Bihar and ors.

Court: Patna

1. This writ petition has been filed with a prayer for giving a direction upon the Chief Election Commissioner, New Delhi, Election Commissioner, Bihar and the Election Officer, Kishanganj-cum-Sub-Divisional Officer, Ramdeo Yadav to withdraw from respondents Nos. 5 and 6 the symbol of Bicycle and Elephant in the ensuing Assembly Election to be held in Bihar. The said symbol has been allotted to the Samajwadi Party and Bahujan Samaj Party and should have been allotted to the petitioner and the further contention of the petitioner is that he, as the official candidate of that party, is entitled to the said symbol.2. The petitioner's case is that he has been allotted 'Apple' as a symbol but the grant of symbol of Bicycle and Elephant to respondents Nos. 5 and 6 will prejudice his election inasmuch as the petitioner at the time of filing his nomination paper had opted for the Bicycle symbol.3. After hearing learned counsel for the parties and considering the contention of the writ petitio...

Mustaque Ahmad Vs. Union of India (Uoi) and ors.

Court: Patna

Asok Kumar Ganguly, J. 1. Heard learned counsel for the parties and on consideration of the materials on record; this Court feels that this writ petition should be disposed of at the admission stage itself. 2. This writ petition has been filed, inter alia, for quashing the order dt. 8th June, 1994 issued under the signature of the Deputy General Manager (Sales), Eastern Region, Indian Oil Corporation Limited (hereinafter referred to as the said Corporation) purporting to withdraw the letter of intent No. Agency/751/ROS/Ander dt. 13th September, 1993 which was issued to the petitioner for the proposed SKO/LDO dealership at Ander in the district of Siwan. 3. The facts of the case may be summarised as hereunder: Pursuant to an advertisement published for appointment of IOC dealer for SKO/LDO dealership at Ander in the district of Siwan in the daily issue 'Times of India' dt. 15th March, 1988, the petitioner applied. Pursuant to the said application the petitioner received a letter of in...

Shri Ram Needle Bearing Limited and ors. Vs. State of Bihar and ors.

Court: Patna

Prasun Kumar Deb, J. 1. The crux of dispute in this writ applications is the authorisation of the State Government vide Annexure -1 of the Assistant Lab6ur Commissioner, Ranchi, (respondent No. 5) to lodge criminal prosecution against the petitioner -Company for violation of conditions of service of the employees of the petitioner company during the pendency of a conciliation proceeding before the Labour Court under Section 33 of the Industrial Disputes Act, 1947 (the Act) 2. The facts of the case are required to be stated in brief for proper appreciation of the legal implications of the Act in question. 3. The petitioner company is an Industry situated at Ratu in the district of Ranchi for manufacturing the Needle Bearing and it has got about 150 workmen. Shriram Bearing Limited is Anr. sister organization which is situated at Ranchi for manufacturing Ban Bearing. The organisations mentioned above are situated side by side but they have no concern with each other regarding their adm...

Eureka Forbes Ltd. Vs. State of Bihar and ors.

Court: Patna

S.J. Mukhopadhaya, J. 1. All these writ petitions involving common point of law were filed by the same petitioner relating to the assessment of sales tax for different periods, i.e., 1987-88, 1988-89, 1989-90 and 1990-91. Thereby they are disposed of by common orders.2. Eureka Forbes Ltd., petitioner, a limited company having its office at Patna, Ranchi, Jamshedpur, etc., is doing business of selling vacuum cleaner. Petitioner has challenged notices issued by the respondent-Deputy Commissioner of Commercial Taxes, Jamshedpur, under Section 19(1) read with Section 17(2) of the Bihar Finance Act, 1981 (annexure 1 series in respective writ petitions) ; orders of reassessment (annexure 2 series of respective writ petitions) and orders passed in revisional applications by the Commissioner of Commercial Taxes, Patna (annexure 3/1), by which the orders of reassessment have been upheld and the revision petitions have been dismissed.3. The brief facts of the case are as follows : The assessme...

Sakal Deep Upadhayaya Vs. State of Bihar and ors.

Court: Patna

S.K. Chattopadhyaya, J.1. The petitioner has invoked the jurisdiction of this Court under Articles 226 and 227 of the Constitution with a prayer to quash the first information report lodged against him under Sections 417, 418, 420 and 468 of the Indian Penal Code.2. The facts of the case lie in a narrow compass :An F.I.R. was lodged against the petitioner by respondent No.2, the Registrar, Ranchi University alleging, inter alia, that the petitioner who is a contractor, was entrusted with the construction of buildings of post graduate Centre at Chaibasa. Tender was invited and after scrutinising the same work had been entrusted with the petitioner as per agreement dated 14.9.1985. The work was to be completed within 9 months from the date of commencement of the order but it was extended from time to time. Running bills were being submitted by the petitioner and the work was certified by their own firm, namely, M/s Verma and Associates. The University against those running bills paid a ...

Rama Kant Singh and ors. Vs. State of Bihar and ors.

Court: Patna

Aditya Narayan Chaturvedi, J. 1. This is a petition under Section 482 of the Code of Criminal Procedure for quashing the entire prosecution including the order dated October 23, 1990 in G.O. case No. 67 of 1990 T.R. No, 1057 of 1993, pending in the Court of Sri B.K. Chaudhary, Judicial Magistrate, 1st class, Nawada who by his order dated October 23, 1990 took cognizance of the offences under Rule 22 of the Payment of Wages (Mines) Rules, 1956 against the petitioners. 2. As it appears from the petition, while petitioner No. 1, Rama Kant Singh was Additional Director,Mines at Ranchi he was appointed Managing Director of the Biliar State Mineral Development Corporation at Ranchi, an undertaking of the Govt. of Bihar. a notification dated June 3, 1989 (annexure 1) issued by the Govt. of Bihar in the Mines and Geology Department. While petitioner No.2 Jaiyant Kumar Chaudhary was District Mining Officer at Rohtas he was deputed to the Bihar State Mineral Development Corporation as per noti...

Sri Krishnapuri Boring Road Vyapuri Sangh Through Its President and an ...

Court: Patna

B.P. Singh and D.S. Dhaliwal, JJ.1. The petitioners herein are the Sri Krishnapuri Boring Road Vyapari Sangh and its Secretary, who are aggrieved by the action of the respondents alleging that the respondents have without any warrant or jurisdiction demolished and are demolishing large number of structures on the Boring Road, Boring Canal Road and Sri Krishnapuri, which were occupied by the members of the petitioner' Sangh who are shopkeepers, traders and businessmen occupying those structures as tenants. They have, therefore, prayed that the respondents be restrained from demolishing any structure, either temporary or permanent, even if those structures have been raised without a sanctioned plan or in violation of a sanctioned plan unless a proceeding is initiated under the provision of the Bihar Regional Development Authority Act, 1981. The writ petition has been filed as a public interest litigation.2. The case of the petitioners is that the Boring Road has a width of 54' (feet), a...