Patna Court August 1998 Judgments
Md. Azimullah Khan Vs. State of Bihar and ors.
Court: Patna
Decided on: Aug-18-1998
1. Being aggrieved by an order of suspension dated 26.7.1996, the petitioner appellant, who claims to be a constable in the Excise Department of the Govt. of Bihar, has filed C.W.J.C. No. 996 of 1997 (R). The writ petition having been dismissed by the learned Single Judge vide judgment dated 31.11.1997, he has filed this appeal under Clause 10 of the Letters Patent challenging the said Judgments.2.The learned Counsel for the appellant has made three submissions in support of this appeal, namely, (i) the order of impugned suspension has not been passed by a competent authority, inasmuch as it was passed by the Additional Secretary, Excise, Govt. of Bihar, Patna, and not by the appointing authority or the Governor, (ii) no subsistence allowance is being paid to the appellant in accordance with the relevant rules, and (iii) the learned Single Judge while dismissing the writ petition has erred in directing for conclusion of the departmental proceeding against the appellant expeditiously, ...
Tag this Judgment!Steel Authority of India, Ltd. Vs. Genda Sharma and ors.
Court: Patna
Decided on: Aug-18-1998
K. Chattopadhyaya and Loknath Prasad, JJ.1. As common question of law is involved in all these appeals and the civil review application, they have been heard together and with the consent of the parties, are being disposed of at this stage.2. Before considering the argument advanced by the learned Counsel, factual background is necessary to be stated.3. The appellant, Steel Authority of India Ltd. (in short to be referred as 'SAIL') has impugned the order of the learned Single Judge dated 26.11.1996 passed in CWJC Nos. 3396, 3478, 3393 and 3481 of 1996 (R) respectively by approaching this Court in LPA Nos. 3, 9, 11 and 12 of 1997 (R), by reason of which the writ Court has allowed the said writ applications by quashing the order of termination/dismissal of the respective petitioners.4. The respondents in LPA filed separate writ applications assailing the order of their dismissal from service, who were admittedly appointed on compassionate ground. Facts of these cases are almost similar...
Tag this Judgment!Jhingan Prasad Kushwaha and ors. Vs. State of Bihar
Court: Patna
Decided on: Aug-18-1998
M.Y. Eqbal, J.1. In this application, the petitioners have prayed for quashing the order dated 22.5.1998 passed by the 2nd Addl. Sessions Judge, East Champaran, Motihari in Criminal Miscellaneous Case No. 256/97 by which he has cancelled the bail granted to the petitioners on 5.8.1997 by the Chief Judicial Magistrate, Motihari in Motihari Town P.S. Case No. 112/97 under Sections 406 and 420 of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act.2. The facts of the case in brief is that one Devendra Kumar Singh filed complaint case No. 328/97 before the Chief Judicial Magistrate against the petitioners and one Narain Prasad Kushwaha and the said complaint petition was forwarded to the police under Section 156(3) of the Code of Criminal Procedure for instituting a case and making investigation thereof and accordingly, Motihari Town P.S. Case No. 112 of 1997 was instituted under the aforementioned sections of the Indian Penal Code and Dowry Prohibition Act. The petitioner...
Tag this Judgment!Ranchi Timber Traders Association and anr. Vs. State of Bihar and ors.
Court: Patna
Decided on: Aug-18-1998
Aftab Alam, J.1. CWJC No. 2201/92 (R) is filed at the instance of M/s. Ranchi Timber Traders Association (Petitioner No. 1) and another person. Petitioner No. 1 of this case is a society registered under the Societies Registration Act and describes itself as an association of members engaged in the sale and purchase of 'cut and finished timber' CWJC Nos. 432/1992 (R) and 2777/1992 (R) are similarly filed at the instance of different saw mills and their proprietors and persons carrying on business in timber.2. In all the three writ petitions question is raised regarding the validity of the Gazette notification fixing the rate of cess at three percentum on the sale price of forest produce timber. Also come under challenge the demands of cess made against the petitioners on cut and finished timber' purchased by them on the basis of the impugned notification.3. The petitioners in all the three writ petitions claim that they purchase only cut and finished timber from the depots of the Fore...
Tag this Judgment!Ranchi Handloom Emporium Vs. Commissioner of Income-tax and anr.
Court: Patna
Decided on: Aug-18-1998
Sachchidanand Jha, J.1. The petitioner seeks quashing of the notice dated March 20, 1992, issued under Section 148 of the Income-tax Act, 1961 (for short 'the Act'). A copy of the impugned notice has been marked annexure-3 to the writ petition.2. The petitioner is a registered firm carrying on wholesale business in cloth. For the accounting year July 9, 1986, to June 27, 1987, relevant to the assessment year 1988-89, it submitted the return of its income showing a total income of Rs. 95,670 on July 27, 1988. Along with the return it filed a statement showing computation of total income, audited trading, profit and loss account, balance-sheet and the tax audit report in the prescribed form as well as details of the loan accounts verified and confirmed by the concerned creditors. The return was accepted by the Deputy Commissioner of Income-tax (Assessment), Special Range, Ranchi, respondent No. 2, after scrutiny and the assessment order was passed on November 17, 1989. On March 31, 199...
Tag this Judgment!Haren Mahatha and ors. Vs. Chanubala Debya and ors.
Court: Patna
Decided on: Aug-18-1998
S.K. Chattopadhyayaya, J.1. This second appeal is directed against the Judgment and decree dated 13-3-80 (decree signed on 3-4-80), by reason of which the learned lower appellate Court reversed the Judgment and decree of the trial Court which was passed in Title Suit No. 75/ 77.2. It appears that during pendency of the appeal pro forma defendant-respondent No. 3, Asutosh Roy died and the substitution petition for substituting his heirs and legal representatives was rejected on 1-2-88 merely on the ground that a copy of the said petition was not served on the other-side. Subsequently, another substitution petition was filed but by order dated 30-7-88, the same was also dismissed on the ground that similar application having been dismissed, the second application of that type is not maintainable. Under these circumstances when the question arose as to whether the whole appeal has become incompetent, by order dated 8-8-88, this Court observed that the competency matter be considered at ...
Tag this Judgment!Commissioner of Income-tax Vs. Justice S.B. Sinha
Court: Patna
Decided on: Aug-18-1998
Sachchidanand Jha, J. 1. This application under Section 256(2) of the Income-tax Act, 1961 (in short 'the Act'), at the instance of the Revenue arises out of the appellate order of the Income-tax Appellate Tribunal, 'D' Bench, Calcutta in I. T. A. No. 136 (Patna) of 1992. The petitioner having failed to get the question referred to the High Court under Section 256(1) of the Act, has filed this application under Section 256(2) seeking a direction to the said Bench of the Tribunal to state the case and refer the question to this court for opinion. The respondent-assessee has appeared on his own and filed a counter affidavit objecting to the maintainability of the application in this court. 2. We have heard Mr. K.K. Vidyarthi, learned counsel for the petitioner, and Mr. K.N. Jain, learned counsel for the respondent-assessee, on the, point of maintainability. 3. The background of the case, so far as relevant for the decision on the point, may briefly be stated as follows. 4. The assesse...
Tag this Judgment!Commissioner of Income Tax Vs. Kailash Crockery House
Court: Patna
Decided on: Aug-17-1998
S.N. Jha, J. 1. The Tribunal has referred the following question for opinion of this court under Section 256(1) of the Income-tax Act, 1961 (hereinafter referred to as 'the Act') : 'Whether after insertion of Explanation 1(B) of Section 271(1)(c) of the Income-tax Act, 1961, which was applicable for the impugned assessment year, the Tribunal was justified in cancelling the entire penalty under Section 271(1)(c) of the Income-tax Act, 1961, even when it had sustained some trading addition in rejecting the assessee's explanation in quantum appeal ?'2. The assessee derives income from crockery business. For the assessment year 1979-80, to which this reference relates, it submitted a return showing turnover of Rs. 4,37,285 and gross profit at 10.5 per cent. The Assessing Officer found that the income shown was not correct. He estimated the sale and gross profit at Rs. 5,12,500 and at 15 per cent respectively. In view of the discrepancy between the income returned and the income asssessed...
Tag this Judgment!Janardan Das Vs. Bindeshwari Prasad Sah and anr.
Court: Patna
Decided on: Aug-17-1998
Narayan Roy, J. 1. By this application, the petitioner has prayed for quashing the order dated September 30, 1997, passed by the Fifth Additional Sessions Judge, Bhagalpur, in Criminal Revision No. 289 of 1997, whereby and whereunder the learned Additional Sessions Judge has affirmed the order dated May 20, 1997, passed by the learned Judicial Magistrate in Mojahidpur P. S. Case No. 60 of 1997 appertaining to G. R. No. 896 of 1997 releasing the seized materials in favour of the accused-applicant. 2. Learned counsel appearing on behalf of the petitioner submitted that since a petition was filed by the petitioner on June 10, 1997, before the learned Magistrate praying therein to hand over the ornaments, etc., the same could have been handed over to the petitioner by the learned Magistrate. Learned counsel further submitted that even the revisional court has failed to appreciate the provisions of Section 132A of the Income-tax Act, 1961 (in short, 'the Act'), and no sooner the petitioner...
Tag this Judgment!Mina Verma Vs. Kirit Verma
Court: Patna
Decided on: Aug-17-1998
P.K. Deb, J.1. This appeal has been preferred by the petitioner-appellantabovenamed under Section 28 of the Hindu Marriage Act against the -ex-partejudgment and order dated 11.11.1987 passed by the then Additional District Judge,7th Dhanbad in Title (Matrimonial) Suit No. 47 of 1985.2. The facts in brief are that the petitioner-appellant was married to therespondent according to the Hindu rites and rituals on 13.12.1971, at Dhanbad andthereafter they started conjugal life. As per the contents of the divorce petition filed,from the very date of entering into the matrimonial life, the appellant was takenaback when she found that her husband was a dead drunkard and was alwaystreating the petitioner-appellant with cruelty. He was not having any sort of loveand affection towards the petitioner but still being a Hindu wife she tried to getherself adjusted and to mend her life partner, but all her attempts proved futile. Afemale child was born in the wedlock in the year 1974 but then also ti...
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