Patna Court September 1995 Judgments

Prakash Vs. Board of Directors, Mithila Kshetriya GramIn Bank and ors.

Court: Patna

Asok Kumar Ganguly, J.1. This writ petition has been filed challenging inter alia, the disciplinary proceeding initiated against the petitioner by which he has been removed from service by an order passed by the Chairman of Mithila Kshetriya Gramin Bank (hereinafter called the respondent Bank). On an appeal being filed from the said order, the appellate authority, the Board of Directors of the said respondent Bank by an order dated st/2nd March, 1994 rejected the said appeal. The; order has also been challenged in this proceeding along with the inquiry report dated 19th September, 1992 and the chargesheets dated 1th October, 1993 and 25th May, 1992.2. It is not in dispute that the services of the petitioner is governed by Mithila Kshetriya Gramin Bank (Staff) Service Regulations, 1980 (hereinafter called the said Regulation).3. At the material time the petitioner was posted as Branch Manager of Bagrasi Branch in the district of Darbhanga of the respondent Bank. Prior to the present pr...

Deo Narayan Jha Vs. State of Bihar and ors.

Court: Patna

Radha Mohan Prasad, J. 1. The present writ application is directed against the order dated May 12, 1993 as contained in Annexure 1, whereby and whereunder the District Sub-Registrar, Katihar (respondent No. 4) in the light of the order of the Secretary to the I.G. Registration, Bihar, contained in letter No. 1434 dated October 27, 1989 and order of Collector dated July 20, 1992 has held that as the petitioner had not been confirmed, he was not entitled for more than one increment, but still as he has received more than one increment, a direction for recovery of the amount of Rs. 16,969.85 P. has been ordered on account of such alleged illegal withdrawal made by him. 2. In short, the facts of the case are that the petitioner was appointed as L.D. Assistant on April 2, 1973 vide order contained in Annexure-4 and joined service pursuant there to on April 9, 1973. He passed the Noting and Drafting Examination in the year 1974 and the Accountant Examination in the year 1978. On November 6...

Shah Traders Vs. Deputy Commissioner of

Court: Income Tax Appellate Tribunal ITAT Patna

Reported in: (1996)56ITD33(Pat.)

1. None appeared on behalf of the assessee although the notice was sent by Registered Post and is presumed to have been served. Several opportunities and adjournments have been allowed in the past. We, therefore, proceed to decide the case after hearing the learned Departmental Representative (D.R.) and on the basis of material on record.2. The appeal has been filed against an order of the CIT(A) sustaining a penalty of Rs. 5,595 under Section 272A(2)(c) of the Income-tax Act, 1961, as against a penalty of Rs. 27,000 imposed by the Assessing Officer.3. It is stated in the penalty order that the person responsible to deduct tax at source, failed to comply with the provisions of Section 206 of the Income-tax Act, 1961, inasmuch as no return was filed in Form No. 26A on or before 30-6-1991. Financial year under consideration was 1990-91. A notice was, therefore, issued to the assessee to show cause why penalty should not be imposed under Section 272A(2)(c) of the Act. It was submitted, i...

Manohar Singh Neech Vs. Presiding Officer, Central Government Industri ...

Court: Patna

R.N. Sahay, J. 1. The petitioner, at the relevant time was employed as Mechanic in the maintenance department of Respondent No. 2 Management of Bagroo Bauxite Mine of M/s. Indian Aluminium Company Limited. Charge sheet was served on the petitioner by the management on February 6, 1979 alleging misconduct covered under Clause 24-B (9) and 24-B (J) of the Standing Order applicable to the petitioner. The petitioner was charged that on February 4, 1979 at about 8.30 A.M. he stabbed one Mahabir Ram Verma with a dagger, at the main entrance gate near the General Office. It is further alleged that when Shri Ashok Kumar Jain tried to intervene and dissuade the concerned workman from inflicting injury on the person of Shri Mahabir Ram Verma, Shri Ashok Kumar Jain was also stabbed by the concerned workman. The management took this act of the concerned workman as gross misconduct punishable under the relevant Standing Order. In reply to the charge sheet, the petitioner stated the circumstances...

Chandra Mohan Chowdhary and Sardar Harbans Singh Vs. State of Bihar

Court: Patna

Daljit Singh Dhaliwal, J.1. This order will also dispose of Cr. Misc. No. 2763 of 1989 (R) as both the criminal miscellaneous petitions are directed against one and same the order dated 30.7.1988 passed by Sri. K.N. Singh, Special Judge(E.C. Act), Ranchi in Kotwali P.S. Case No. 423 of 1985, whereby he took cognizance for offence under Section-7 of the essential Commodities Act, 1955 (hereinafter referred to as the 'Act') against Chandra Mohan Chowdhary, the petitioner, herein and Sardar Harbans Singh, petitioner in Cr. Misc. No. 2763/89 (R), on a criminal complaint filed by one Sri, O. Minz, Officer of the Food Department.2. The facts leading to prosecution of the petitioners, in brief, are that on 26.6.1985 Sri. O. Minz, an officer of the Food Department carried out a raid at the garrage of Sardar Harbans Singh and seized 196 bags each containing one quintal Arhar Dal. One Sri, Dwarika Singh who was present at the garrage disclosed that seized goods belonged to the petitioner, Chand...

Ganesh Singh Vs. National Insurance Company Ltd.

Court: Bihar State Consumer Disputes Redressal Commission SCDRC Patna

B.N. Sinha, President: 1. The complainant has filed this case claiming compensation for the loss suffered by him due to deficiency in service on the part of the opposite party in settlement of his insurance claim 2. For the disposal of this case the facts of the case put in by the complainant may be noticed with utmost brevity. The complainant purchased a tractor Mahendra Model No. 255 from M/s. Diesel Traders on 13.12.89 for Rs. 1,02,716.50 and trailer for Rs. 18,305/-which was financed by State Bank of India, Narkatiagunj and got them insured with the National Insurance Company through its Branch Office at Bettiahthe opposite party for the period from 30th December, 1989 to 29th December, 1990 by paying a premium of Rs. 1096/- in respect of the tractor and Rs. 360/- in respect of the trailer. The tractor and the trailer met with an accident on 1.10.90 with the running train at the railway crossing No. 20 at Bhikhnadori in the District of West Champaran and was completely damaged. The...

United India Insurance Company Ltd. Vs. Chinta Devi and ors.

Court: Patna

P.K. Deb, J.1. This appeal under Section 173 of the Motor Vehicles Act, 1988 has been preferred by the above named Insurance Company against the judgment and award dated 17.9.1990 passed by Shri S.N. Gupta, 1st Additional Judicial Commis-sioner, Ranchi-cum-Motor Vehicle Accident Claims Tribunal in Compensation Cases Nos. 37 of 1985 & 106 of 1990 whereby an award of compensation of Rs. 2,32,000/- was made in favour of the respondent Nos. 1 to 7, who happened to be the legal heirs of deceased Sheonath Mahli.2. The deceased Sheonath Mahli was a Class-Ill employee of Ranchi Civil Court and on 15.3.1985 at about 8.30 p.m. while he was travelling on an auto Rickshaw bearing Registration No. BHV-9690 and when the said auto rickshaw reached near the M.P. Service Petrol Pump near village Sapora, a Mini bus bearing Registration No. BHN 8825 coming from the opposite direction in high speed dashed against the auto rickshaw and ran over the same. For such dashing and turning over, the auto ricksha...

Shree Jagannath Trading Company and anr. Vs. Union Bank of India and o ...

Court: Patna

S.K. Homchaudhuri, J.1. In these three writ petitions similar facts and identical -questions of law having involved the petitions are being disposed of by this common judgment.2. C.W.J.C. No. 1857 of 1992 (R) the petitioners No. 1 Shree Jagannath Trading Co. is a firm, the sole proprietor of which is the petitioner No. 2, Shri Pawan Kumar Gupta. For recovery of the out-standing dues payable to the Respondent No. 1 (Union Bank of India), in respect of cash credit account, a proceeding under the provisions of Bihar and Orissa Public Demand Recovery Act, 1914 (hereinafter to be referred to as 'the Act') was initiated against the petitioners for recovery of the amount, and certificate case No. 23 (UBI) of 1991-92 has been registered in the court of Respondent No. 3, the Certificate Officer. After receipt of the notice, the petitioners filed objection under Section 9 of the Act and thereafter the Certificate Officer duly disposed of the objection after hearing the petitioners. The petition...

Shyam Sunder Kishan Lal and ors. Vs. Sajjan Kumar Singhania and ors.

Court: Patna

P.K. Deb, J.1. This Revision petition is under Section 14(8) of the Bihar Buildings (Lease, rent & Eviction) Control Act has been filed by the above named defendants petitioners against the judgment and order dated 24.1.1994 passed by Shri S.N. Singh. Munsif. Ranchi in Eviction (Title) Suit No. 51 of 1992 whereby and where under the Eviction suit was decreed in favour of the plaintiffs-Opposite Parties for eviction of the defendants-petitioners on the ground of personal necessity of the plaintiffs-Opposite parties.2. The facts of the case run as follows. One Jhabarmal Singhania was admittedly the owner of the suit premises described in the schedule of the plaint in the above mention Eviction suit along with other lands and during his life time, the defendants have been inducted as tenants on monthly rent in the suit premises comprised of three kathas 11 1/2 Chattak within municipal survey plot Nos. 1772, 1773, 1774, 1775, 1786 and 1826 corresponding to Municipal holding No. 925 (old) ...