Patna Court July 1998 Judgments
Engineering Products (India) Ltd. and ors. Vs. Dandapani Maharana and ...
Court: Patna
Decided on: Jul-02-1998
R.A. Sharma, J. 1. Six persons (hereinafter to be called as the workmen) who were working in a project/scheme at Jamshedpur belonging to the Government of India undertaking known as the Engineering Projects (India) Limited (hereinafter referred to as the EPL) filed C.W.J.C. No. 1123/96 (R) before this Court seeking declaration that the continuous employment of employees described as Project duration employees and posting from project to project and location to location treating them as temporary employees for a considerable period is ultra vires Articles 14, 16 and 21 of the Constitution as the same amounts to unfair labour practice. Prayer for appropriate direction to the respondents to regularise the services of the workmen was also made. 2. In sum and substance the relief claimed in the said writ petition was for a direction upon the respondents to regularise the services of the workmen. After the writ petition was filed services of four of the workmen i.e., writ petitioners Nos. ...
Tag this Judgment!Kaushar Imam Hashmi and ors. Vs. the State of Bihar
Court: Patna
Decided on: Jul-02-1998
M.Y. Eqbal, J.1. In this application filed under Section 482 of the Code of Criminal Procedure the petitioners have prayed for quashing the order dated 7-9-1996 passed in Bishanpur P.S. Case No. 58/94 whereby the learned Additional Chief Judicial Magistrate, Darbhanga took cognizance under Sections 147,149,307 and 302 of the Indian Penal Code and Section 27 of the Arms Act and issued summons against the petitioners and further transferred the case to the Court of Judicial Magistrate, 1st Class for commitment of the case.2. The aforesaid criminal case was registered on the bastes of a first information report lodged by one Ram Pukar Choudhary alleging inter alia that on the relevant date he along with Sanjeet Kumar Choudhary and other persons went to Gumsar Pokhar to enable their cattle to drink water and for grazing. While they were returning from the said pond they arrived near southern-eastern Bhinda of the pond and in the meantime saw 20-30 persons belonging to minority community o...
Tag this Judgment!Commissioner of Income-tax Vs. Ramdas and Sons.
Court: Patna
Decided on: Jul-02-1998
1. This is an income-tax reference under Section 256(1) of the Income-tax Act, 1961. The following question is referred by the Tribunal for the opinion of this court : 'Whether the Tribunal was correct in law in holding that the rental income of the assessee was liable to be assessed as business income ?' 2. The assessee is a firm deriving income from contract work. The assessee is also owner of oil mill premises and though the oil mill is closed for the last 35 years, the quarters attached to the factory of the oil mill is let out to different tenants. The income derived from the let out portion of the oil premises from different tenants has been clubbed by the assessee in his business income derived from other sources. The Income-tax Officer the Appellate Commissioner and the Tribunal held that since the business activity of the oil mill is closed since last 35 years, therefore, income derived from factory premises as rent from tenants the same is to be assessed to tax as business ...
Tag this Judgment!Bijay Krishna Sahay Vs. State of Bihar ors.
Court: Patna
Decided on: Jul-01-1998
R.A. Sharma, J.1. Doubting the correctness of decision of this Court in Jamuna Prasad Singh and Anr. v. State of Bihar. Cr. WJC No. 120/93 reported in 1994 (2) East Cr. C. 204, a learned Single Judge, vide order dated 8.5.1977, has referred the following questions to Division Bench for decision:(i) Whether only Ranger and Officers above the rank of Ranger are entitled to search and seize forest produce, vehicle, etc. or even the Forester is competent to seize them under Indian Forest Act as amended 'by the Bihar Amendment Act; and (ii) Whether the entire criminal case is bound to fail and consequently the confiscation proceeding is also not maintainable if the seizure is illegal? The Division Bench, when this case was listed before it, noticed two conflicting decisions of two different Division Benches in Vishnu Sharma v. The State of Bihar and Anr. 1993 BBCJ 528 and Jamuna Prasad Singh and Anr. v. State of Bihar, (supra). It, therefore, vide order dated 2.12.1997 the operation porti...
Tag this Judgment!Pramod Prasad Singh Vs. the State of Bihar and ors.
Court: Patna
Decided on: Jul-01-1998
1. This writ petition arises from a land ceiling proceeding under the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961 (hereinafter referred to as 'the Act'). The proceeding was initiated against the petitioner and a draft statement was prepared on 4.11.1977 showing him in possession of 110.5 acres of Class V lands.2. According to the petitioner, his father, Anirudh Prasad Singh died in 1976, before the commencement of the proceeding, leaving behind his widow Smt. Yavendra Priya Devi, two sons Kedar Prasad Singh and the present petitioner Pramod Prasad Singh and five daughters, all of whom had attained majority long before the appointed date 9.9.1970. In this case, we are not concerned with Kedar Prasad Singh, the other brother of the petitioner, who according to the petitioner's case was living separately from the life time of their father and against whom a separate land ceiling proceeding was initiated. In the proceeding initiated against the ...
Tag this Judgment!Prannoy Roy and ors. Vs. Ashok Kumar Verma and ors.
Court: Patna
Decided on: Jul-01-1998
Ravi Nandan Sahay, J.1. By this application under Section 482. Cr P.C. two petitioners seek an order quashing the order dated 18-11-1992 in Complaint Case No. 270 (C) 92/Tr. No. 1319/92, whereby the Judicial Magistrate, 1st Class, Arrah has taken cognizance of offences punishable under Sections 500, 501, 502 and 469 of Indian Penal Code and issued processes against the petitioners.2. Petitioner No. 1 Prannoy Roy has a Doctorate Degree (Ph. D.) in Economics from Delhi School of Economics, Delhi University. He is a qualified Chartered Accountant and a fellow of Chartered Accountants of England and Wales. He has served as a Professor at Delhi School of Economics and was also the Economic Advisor to the Ministry of Finance. He is a well known media personality and has received national and international acclaim for his contribution to television as a Broadcaster and a leading psephologist of India. He is also the anchorman of the weekly television programme. 'The World This Week'. Petitio...
Tag this Judgment!Kailash Stone Works and ors. Vs. State of Bihar and ors.
Court: Patna
Decided on: Jul-01-1998
R.N. Sahay, J.1. By the impugned order dated March 15, 1993, in Complaint Case No. 26 of 1993, the Special Court of Economic Offences, Dhanbad, has taken cognizance against the petitioners under Sections 276C and 277 of the Income-tax Act, 1961.2. Petitioner No. 1, Kailash Stone Works, is a registered firm at Pakur in the district of Sahebganj and the other petitioners are its partners. The petitioners derive income from manufacture and sale of stone chips. On November 30, 1990, the petitioners filed a return showing a total income of Rs. 2,32,090 for the assessment year 1990-91 and a revised return on January 16, 1991, showing a total income of Rs. 1,94,450. The assessment was completed under Section 143(3)/182(1) on total income of Rs. 3,01,800. In the course of scrutiny of accounts, the Assessing Officer found that on sale of Rs. 52,52,896, G. P. of Rs. 10,63,631 has been shown which works out to 20.36 per cent. On the basis of the order of the Commissioner of Income-tax (Appeals) ...
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