Patna Court July 2000 Judgments
R.P. Tarway and Co. Vs. Ito
Court: Patna
Decided on: Jul-24-2000
Jordan Kachchap, J.M. This appeal by the assessee is directed against order dated 2-7-1994, of the learned Commissioner (Appeals), Jamshedpur, for the assessment year 1996-97.2. In the grounds of appeal the assessee has set forth as many as 3 grounds but in effect they are against the disallowance of deduction under section 80HHC of the Income Tax Act by prima facie adjustment as made by the assessing officer under section 143(1)(a) of the Income Tax Act.3. The assessee is a partnership firm and engaged in the export business of mica and its bye-products. The assessee filed its return of income on 31-1-1997, showing therein nil income which was processed under section 143(1)(a) of the Income Tax Act determining total income at Rs. 1,52,596. While processing the return of income the assessing officer by way of prima facie, adjustment excluded the interest income for determination of allowable deduction under section 80HHC. Being aggrieved by that order the assessee carried the matter i...
Tag this Judgment!Manoj Kumar Vs. State of Bihar and ors.
Court: Patna
Decided on: Jul-24-2000
S.J. Mukhopadhyaya, J.1. The writ petition was initially filed by one Manoj Kumar to recommend his name and to appoint him to the post of Assistant Teacher (Hindi) in any nationalised High School in pursuance of Advertisement No. 2/91 on the ground that he (petitioner) is an handicapped. Subsequently, one intervenor Application (I.A. No. 2823/2000) was filed by four others, namely, Gajendra Jha, Om Prakash Chaudhari, Smt. Indu Singh arid Janardan Singh to implead them as party-petitioner to the writ petition and to grant them similar relief, they being handicapped.2. The fact as pleaded and not disputed shows that an Advertisement No. 2/91 was published by the Vidyalaya Sewa Board, Patna (Board for short) for appointment to the post of Assistant Teachers in nationalised High Schools. Such advertisement was published on the requisition of the State, when a Guideline No. 148 dated 21st November, 1990 was, in vogue, to provide certain benefit of reservation to handicapped persons against...
Tag this Judgment!Diwakar Prasad Vs. Nalanda GramIn Bank and anr.
Court: Patna
Decided on: Jul-24-2000
Radha Mohan Prasad, J.1. In this writ petition, the petitioner is aggrieved by the order contained in letter No. STF/DP/0-14/1077/92 dated 30.7.1992 (Annexure-6) issued by the General Manager, Nalanda Gramin Bank, Biharsharif (hereinafter to be called as 'the Bank'), by which his date of increment has been modified and extended from the 15th of January to the 9th of July of every succeeding year and consequently, the petitioner has been directed to refund the excess amount by way of salary withdrawn by him. He has further prayed to issue a writ in the nature of mandamus directing the respondent-Bank to give pay protection to him, so that his salary should not be less than his juniors.2. In short, the relevant facts are that the petitioner, along with others, was appointed in the official cadre of the Bank in the year 1982 and joined the Bank on the 20th of May, 1982 in the pay-scale of Rs. 1,000-1,820/-. Accordingly, his date of increment was initially fixed in the month of May of the...
Tag this Judgment!Kailash Singh Vs. State of Bihar and ors.
Court: Patna
Decided on: Jul-21-2000
Radha Mohan Prasad, J. 1. In this writ petition, the petitioner is aggrieved by the order of the Managing Director, Magadh Central Co-operative Bank Limited, Gaya, contained in Memo No. 740 dated March 4, 1995 (Annexure-1) whereby and whereunder he was dismissed from the service of the bank on holding a departmental proceeding and submission of the report by the conducting officer. 2. In short, relevant facts are that on April 11, 1989, a show- cause notice was issued to the petitioner with respect to certain irregularities committed by him during the] period, he was posted at Makhdumpur branch. In pursuance of the said show cause notice, he filed his show-cause on April 22, 1989, Later, the petitioner was served with another show-cause notice vide reference No. 105, dated July 31, 1989 by the Managing Director with respect to the charge of irregularities committed by him in the year 1987-88 in distribution of loan in Makhdumpur branch. The petitioner gave his reply on August 2, 1989....
Tag this Judgment!Ujjal Mandal and ors. Vs. State of Bihar
Court: Patna
Decided on: Jul-21-2000
N. Pandey, J.1. The appellants have moved this appeal against order of their conviction under Sections 302/34 of the Indian Penal Code (I.P.C.) with sentence of life for haying committed the murder of Sulekha Devi, daughter of the informant Rameshwar Mandal (P.W. 5). Appellant Ujjwal Mandal is the husband of deceased Sulekha whereas appellant Netai Mandal is father-in-law and Bijay Mandal, brother of the husband.2. The case of the prosecution, in short, is that on 25.5.1990, the informant received intimation through one Doman Mandal and Govind Mandal of village Gopalpur that his daughter had committed suicide by taking poison. The informant rushed to the village Gopalpur and found his daughter lying dead on a chowki in the house of the appellant. He found her neck strangulated. The informant having suspected that his daughter was done to death tried to find out the accused-persons but they were traceless. Even villagers also on enquiry did not disclose what was the reason for death. O...
Tag this Judgment!Subhash Mahto Vs. State of Bihar and ors.
Court: Patna
Decided on: Jul-21-2000
1. In this writ application filed under Articles 226 and 227 of the Constitution of India, the petitioner claimed himself to be under illegal detention and prayed for his release from the jail custody in connection with Sessions Trial No. 124/2000 arising out of Gambaria P.S. Case No. 31/99 pending in the Court of Sessions Judge, West Singhbhum, Chaibasa.2. The petitioner's case is that he was for the first time remanded to jail custody by order dated 6-7-99 and thereafter there is no order of remand and the petitioner remanded in jail custody without any valid order of remand. It is contended that even on the date of commitment i.e. on 9-5-2000 no order was passed remanding the petitioner to jail until conclusion of the trial as required under Section 209 of the Code of Criminal Procedure.3. Mr. K.M. Verma, learned counsel for the petitioner, submitted that the custody of the petitioner in jail has neither been authorised by the Additional Chief Judicial Magistrate nor by the Session...
Tag this Judgment!Shankar Shukla Vs. State and ors.
Court: Patna
Decided on: Jul-21-2000
Aftab Alam, J.1. This writ petition arises from a mutation proceeding and the petitioner seeks to challenge the orders passed in that proceeding. At first, the Circle officer, Siwan, the authority of the first instance, decided the dispute against the petitioner by his order, dated 5-5-1995 passed in Mutation case No. 9/95-96 (a copy whereof is annexure-2). The petitioner preferred an appeal against this order which was dismissed by the Deputy Collector Land Reforms by order, dated 20-7-1996 passed in Mutation case No. 42/95. The petitioner thereafter preferred a revision. Here, it is significant to note that the petitioner filed his revision petition in the Court of Additional Collector, and not before the Collector of the District, Siwan. The revision petition was also dismissed by order, dated 24-7-1999 passed by the Additional Collector, Siwan in Mutation appeal No. 228/96-97/15/99-2000.2. It was only then that it seems to have occurred to the petitioner that the Additional Collec...
Tag this Judgment!Shyam Babu Vs. State of Bihar and ors.
Court: Patna
Decided on: Jul-20-2000
R.M. Prasad, J.1. In this writ petition, the petitioner has assailed the validity of the order dated 25.6.1999, contained in Annexure-2, passed by the Deputy Administrator of the Patna Municipal Corporation. By the said order, 31.8.99 has been determined as the date of superannuation of the petitioner on the ground that he shall be completing 40 years of service in the Corporation on 9.8.1999.2. In short, the relevant facts are that the petitioner entered in the service of the Corporation on 10.8.1959 and has been working as Driver-cum-Cinema Operator in the Head Office of the Corporation. It is claimed that his actual date of birth is 15.7.1943 which can be verified from the transfer certificate issued by the Headmaster of Rajkiya Madhya Vidyalaya Kewra Patna. It is also stated that in the service book his date of birth is recorded as 15.7.1943. A copy of the School Transfer Certificate has been annexed as Annexure-1, which was issued on 5.1.1982, i.e., much after the entry of the pe...
Tag this Judgment!Sheorati Devi Vs. State of Bihar
Court: Patna
Decided on: Jul-20-2000
Narayan Roy, J.1. Both these appeals arise out of common judgment of conviction and sentence, and, therefore, they have been heard together and are being disposed off by common judgment.2. Heard Mr. B.P. Pandey, learned senior counsel appearing on behalf of the appellants and Mr. Lala Kailash Bihari Prasad, Additional Public Prosecutor appearing on behalf of the State.3. Appellant-Ramjee Tiwari of Criminal Appeal No. 414 of 1992 has been convicted under Section 302 of the Indian Penal Code and Section 27 of the Arms Act and sentenced to undergo rigorous imprisonment for life and for a term of five years, respectively, whereas appel-lant-Sheorati Devi of Criminal Appeal No. 373 of 1992 has been convicted under Sections 302/109 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life.4. The prosecution case, briefly stated, is that on 8-3-1990 at about 4.30 p.m. the informant Ramashankar Tiwari (P.W. 7) and his younger brother Daya Shankar Tiwari (deceased) were ...
Tag this Judgment!Bihar State Industrial Development Corporation Ltd. and ors. Vs. Dharm ...
Court: Patna
Decided on: Jul-20-2000
1. The Court has three cases before it. The issues are more or less similar. In each of the cases, the employees have retired and they claim their retirement benefits, whatever the amount may be, including their arrears of salary. At the outset, it was stated that there is no issue on the aspect that they were employees of a Government company; that they had retired and that their claims have to be paid. 2. The Government company, the Bihar State Industrial Development Corporation Limited, by its nomenclature is accepted as a Government company within the meaning of Section 617 of the Companies Act, 1956. 3. The Bihar State Industrial Development Corporation Limited, in the facts of cases before the Court has two units. One is Bihar State Super Phosphate Factory at Sindri, district Dhanbad. These are the cases of Baijnath Singh and Jitu Mandal. The other unit is the Electric Equipment Factory, Tatisilway, Ranchi. This case relates to an employee, Dharmraj Pandey. In the facts and ci...
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