Patna Court May 1999 Judgments
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D. N. Kamani (Huf) Vs. Deputy Commissioner of Income Tax
Court: Patna
Decided on: May-06-1999
Nathu Ram,Third Member. On account of difference of opinion between the Members of the Bench, the following questions posed by them have been referred to me by the Hon'ble President as per the provisions of section 255(4) of the Income Tax Act for decision as Third Member:Question posed by JM:'Whether, on the facts and circumstances of the case and in law, on the basis of seized documents (page 34 of HS-8) which is the details of the price paid for purchase of flat can presumption be made that the assessee-HUF must have received on money from all the remaining, 15 purchasers of the flats and an addition of undisclosed income of Rs. 42,18,134 be made on estimate under section 158BD of the Act ?'Question posed by the Accountant Member:'Whether, on the facts and in the circumstances of the case, the addition of Rs. 42,18,134 on account of on money for the sale of other 15 flats should be deleted or it should be set aside to the assessing officer for redetermination on the basis of per sq...
Rameshwar Prasad Vs. Bihar State Electricity Board and ors.
Court: Patna
Decided on: May-06-1999
A.K. Ganguly, J.1. In this writ petition the petitioner has challenged the order dated 6.8.98 and 10.3.99 by which he has been awarded punishment of stoppage of four increments with cumulative effect and also the order of debarment of promotion for five years and for recovery of Rs. 28,155 from his salary. This order of punishment has been imposed upon him by Annexures-1 and 2.2. Petitioner's case is that while he was functioning as Assistant Executive Engineer in Kanti Thermal Power Station, Muzaffarpur, on the allegation for theft of Transformer a departmental proceeding was initiated against him.3. After a regular departmental proceeding enquiry, report was submitted in which the Enquiring Officer after a detailed enquiry found that both charges against the petitioner have not been substantiated but the departmental authorities on the basis of such enquiry report issued a show cause notice dated 4.7.97 asking the petitioner to show cause why certain punishment should not be imposed...
Smt. Rita Dey Vs. Nikunj Dey and ors.
Court: Patna
Decided on: May-05-1999
D.N. Prasad, J.1. This appeal is arising out of judgment and order passed by the then learned Additional District Judge, 5th, Dhanbad in Title (Mat.) Suit No. 4 of 1986, whereby and whereunder the learned Court below decreed the suit and passed the order of dissolution of marriage.2. The short facts giving rise to this appeal that the plaintiff/respondent is an employee of Railway working as Cleaner and posted at Dhanbad and he had married with the appellant, Smt. Rita Dey on 26-4-1982 according to the Hindu rites and customs and after marriage the respondent/plaintiff brought the wife-appellant at his residence and they started living as husband and wife. Some time in July 1982 during the pregnancy period the brother of the appellant came along with his friends and sought for Bidai and accordingly the respondent sent the appellant to her father's place and thereafter she has been residing there. A female child was born on 23-1-1983. The respondent/plaintiff used to visit the house o...
Sheonandan Prasad Vs. Babunandan Prasad and ors.
Court: Patna
Decided on: May-05-1999
A.K. Prasad, J.1. This Letters Patent Appeal by the sole defendant Sheo Nandan Prasad in T.S. No. 62/80, arises out of judgment dated 16-7-91 in F.A. No. 33/83(R) dismissing his appeal.2. The plain tiffs-respondents brought Title Suit No. 62/80 in the Court of Subordiante Judge, Hazaribagh for specific performance of contract on the allegation that the sole defendant executed a Baibeyana, that is to say, agreement for sale dated 17-1-1977 (Ext. 2) in their favour for sale of a house, which is fully described in Schedule 'A' to the plaint for consideration of Rs. 20,000/- and the plaintiffs had paid a sum of Rs. 18,000/- as earnest money at the time of execution of the agreement and the balance sum of Rs. 2,000/- was to be paid at the time of registration of sale-deed and the defendant put them in possession of the suit property. The defendant had agreed to execute the sale-deed within five years on demand to be made by the plaintiffs and their willingness to pay the balance considera...
Prahlad Singh Vs. Presiding Officer, Central Government Industrial Tri ...
Court: Patna
Decided on: May-05-1999
M.Y. Eqbal, J.1. In this writ application, the petitioner has prayed for quashing the award dated 25-11-94 passed by respondent No. 1, Presiding Officer, Central Government Industrial Tribunal No. 1, Dhanbad in Reference Case No. 154/90.2. Petitioner's case, inter alia, is that he is a permanent employee posted as Magazine clerk at Chasnala colliery under respondent No. 2, the Management of M/s. Indian iron and Steel Company Limited. The petitioner went on authorised leave from 1-7-74 to 20-9-74. He could not resume duty immediately thereafter and had applied for extension of leave and sent it to the colliery management by post. Respondent No. 2, however, terminated the services of the petitioner by its letter dated 8-10-74 which was made effective from 21-9-74. It is stated by the petitioner that due to unavoidable circumstance, he could not raise his dispute till the year 1987. The management of respondent No. 2 received a letter from the Assistant Labour Commissioner (Central), Dh...
Kwality Refractories Ltd. Vs. State of Bihar and ors.
Court: Patna
Decided on: May-05-1999
M.Y. Eqbal, J.1. In this writ application, the petitioner prays for issuance of appropriate writ for quashing the order and decision dated 14.10.96 of respondent No. 3, the State Level Capital Subsidy Committee, whereby the petitioner's representation dated 21.9.96 for his disbursement of capital subsidy has been rejected. The petitioner further prays for issuance of appropriate direction to the respondent to disburse the amount of capital subsidy to the extent of Rs. 1,58,176/- for which the petitioner has applied in respect of the first expansion and also for disbursement of the amount of capital subsidy to the extent of Rs. 3,26,556/- which the petitioner has applied in respect of second expansion, as both the applications for the grant of benefits were made on the basis of Resolution No. 13730 dated 1.9.86 passed in Bihar Gazette Extraordinary 513 dated 9.9.1986.2. The petitioner's case in brief is that Government of Bihar adopted aforesaid resolution in 1986 whereby Government ma...
Nani Gopal Maji, Etc. Vs. Steel Authority of India and ors.
Court: Patna
Decided on: May-05-1999
M.Y. Eqbal, J.1. In these two writ applications, the petitioners have prayed for quashing the order dated 15-6-89 issued by the respondents by which Respondent No. 5 has been promoted to the post of Senior Programmer and also for quashing the order dated 9-1 -92 by which the representation filed by the petitioners has been rejected.2. The case of the petitioner, C.V. Francis in C.W.J.C. No. 2252/92R is that he was appointed in 1973 on the post of Junior Statistical Assistant subsequently to the post of Statistical Assistant some times in the year, 1976 and later on promoted to the post of Senior Statistical Assistant in November, 1979. It is stated that on 7-2-80 an internal circular was issued for the post of Assistant Programmer (Executive Grade-1) in which certain qualification was laid down. The petitioner having all the requisite qualifications applied along with 350 persons for the post of Assistant Programmer. The petitioner and other three persons were selected to the post of...
Abdul Jalil Beg Vs. State of Bihar and ors.
Court: Patna
Decided on: May-05-1999
M.Y. Eqbal, J.1. In this writ application the petitioner has prayed for quashing the order passed by the respondent No. 2, Deputy Commissioner, Palamau at Daltonganj, vide Memo No. 1134/Estt. dated 1-8-90 and also the order dated 21-11-96 passed by the Commissioner in Service Appeal No. 4/94, whereby one increment payable to the petitioner has been stopped with cumulative effect.2. The brief facts of the case is that the petitioner is working in the post of Stenographer in the Palamau Collectorate and according to the petitioner, he has been performing his duty very diligently without any laches and negligence. It is stated that all of a sudden, the petitioner was asked an explanation by the Sub-divisional Officer, Latehar, vide letter dated 19-7-89 for not putting of some files, for which the petitioner said to have responsible. The petitioner filed a detailed reply on 22-7-89 to the Sub-divisional Officer, Latehar and he further submitted the detailed facts and circumstances for no...
Construction Society Limited Vs. M.S. Hashmi
Court: Bihar State Consumer Disputes Redressal Commission SCDRC Patna
Decided on: May-05-1999
V.N. Mishra, Member: 1. The present appeal filed by Police Employees Co-operative House Construction Society, Anishabad (hence onward referred as Society) is directed against the order dated 8.1.1996 passed by District Consumer Forum, Patna in Complaint Case No. 330/94. 2. The facts of the case in brief are that the complainant (a police officer) had deposited with the Society a sum of Rs. 250/- for five shares for allotment of land vide share certificate dated 13.10.1976. His membership number was 550 for which he had paid Rs. 25/- as membership fee. The Society had informed him on 25.4.1977 that he should remain prepared to deposit Rs. 4,000/- and for that he would be intimated the date when the above amount was to be deposited. He wrote letters dated 30.5.1985, 4.4.1986, 14.4.1988, 8.8.1991 and 8.8.1992 in this connection to the Society to know the date when the amount was to be deposited. He could not get any information inspite of the above letters. He later on in January, 1993 ca...
Rup Chand Mahato Vs. Gobinda Mahato
Court: Patna
Decided on: May-04-1999
D.N. Prasad, J.1. This appeal is directed against the judgment and decree dated 28th January, 1989 in Title Suit No. 76 of 1986 passed by the Subordinate Judge, 2nd, Saraikela, by which the learned Sub-Judge dismissed the suit.2. The short facts giving rise to this appeal as pleaded by the plaintiffs that the plaintiffs and defendants are descendants of a common ancestor namely Manbodh Mahato who was settled raiyat of village Khudilong and the suit lands belonged to Manbodh Mahato who died long before last revisional survey of 1964 leaving behind four sons, namely, Rathu Mahato, Lakhan Mahato, Kandra Mahato and Suku Mahato. All the four sons of Manbodh Mahato died leaving behind their sons and daughters. Rupchand Mahato, son of Lakhan Mahato is the plaintiff No. 1 whereas plaintiff Nos. 2 to 4 are sons of Suku Mahato and plaintiff No. 5 is the widow of Suku Mahato. Sarla Devi is the daughter of Lakhan Mahato. The defendant No. 6, Bhusru Mahato is the son of Kandra Mahato, while pro f...
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