Patna Court September 2000 Judgments
Smt. Tej Kumari Vs. Commissioner of Income Tax and ors., Uday Mistana ...
Court: Patna
Decided on: Sep-22-2000
M. Y. Eqbal, J.A Division Bench of this court took up two sets of writ petitions for analogous hearing, one set of writ petitions were filed by M/s Uday Mistanna Bhandar and one Tej Kumari Devi being MC Nos. 3287, 2732 and 2780 of 1995(R). Another set of writ petition were filed by Ranchi Club Ltd. being CWJC Nos. 3494, 3527, 3609, 3562 & 3782 of 1995. The question raised in these writ petitions is with respect to chargeability of interest under sections 234A, 234B and 234C of the said Act. A Division Bench of this court in the earlier writ petitions filed by Ranchi Club Ltd. while interpreting the aforesaid sections of the Act had held interest under these sections should not be charged except as per income determined under sections 143(3) and 144 of the Act and further held that interest under section 234A was leviable on the tax on the total income as declared in the return. The said decision is reported as Ranchi Club v. CIT & Ors. : [1996]217ITR72(Patna) . The correctness...
Tag this Judgment!Smt. Tej Kumari and ors. Vs. Commissioner of Income Tax and ors.
Court: Patna
Decided on: Sep-22-2000
M.Y. Eqbal, J.1. A Division Bench of this Court took up two sets of writ petitions for analogous hearing, one set of writ petitions were filed by M/s. Uday Mistan Bhandar and one Tej Kumari Devi being CWJC Nos. 3287, 2732 and 2780 of 1995 (R). Another set of writ petitions were filed by Ranchi Club Ltd. being CWJC Nos. 3494, 3527, 3609, 3562 and 3782 of 1995 (R). The question raised in these writ petitions is with respect to chargeability of interest under Sections 234A, 234B and 234C of the said Act. A Division Bench of this Court in the earlier writ petitions filed by Ranchi Club Ltd, while interpreting the aforesaid sections of the Act, held that interest under these sections should not be charged on excess tax as per income determined under Sections 143(3) and 144 of the Act and further held that interest under Section 234A was leviable on the tax on the total income as declared in the returns. The said decision of Ranchi Club v. Commissioner of Income Tax, Ranchi and Ors. is repo...
Tag this Judgment!Prasad Motor Finance Pvt. Ltd. Vs. Sanjay Kumar Sahu and anr.
Court: Patna
Decided on: Sep-20-2000
M.Y. Eqbal, J.1. Heard Mr. A.K. Rashidi, learned Counsel for the petitioner and Mr. S.N. Lai, learned Counsel for the respondents.2. This is an application under Section 11 of the Arbitration and Conciliation Act, 1996 has been filed by the petitioner with a prayer for direction upon the respondents to refer the dispute for the adjudication before any one of the Arbitrator and for giving an Award.3. Petitioner is a financer, advanced loan to respondent No. 1 for the purchase of Maruti car under Hire Purchase Scheme. Petitioner accordingly entered into an agreement being Hire Purchase Contract No. 36/90 with the respondent No. 1 for the loan amount of Rs. 1,04,000/-. Respondent No. 1 accordingly purchased the Maruti car being registration No. BR 17A 0020 which was insured by the Oriental Insurance Company Ltd. It is stated that respondent No. 1 paid only two instalments and failed to pay rest of the instalments. However, the payment of instalments was re-scheduled and fresh agreement b...
Tag this Judgment!Ramawatar Kedia Vs. Union of India (Uoi) and ors.
Court: Patna
Decided on: Sep-20-2000
Radha Mohan Prasad, J.1. In this writ petition, the petitioner has prayed for quashing of the letter dated 16.7.1996, issued by the Under Secretary to the Government of India in the Minis tray of Home, contained in Annexure 1, whereby and whereunder his application for grant of Freedom Fighters Samman pension has been rejected and also to direct the respondents to grant the same to him with effect from 1980 and pay its arrears.2. In the year 1972, Freedom Fighters' Pension Scheme was introduced and in the year 1980 the provision for Freedom Fighters' Samman Pension Scheme was launched and the same was to be given with effect from 1.8.1980. The date of submission of application was extended up to 31.7.1981 and later it was further extended up to 31.3.1982,. The petitioner claims to have participated in the freedom fighter movement in the year 1942 and was made accused in Case No. 10/42 State v. Nath Prasad, Sessions Case No. 62/42 The King Emperor v. Satya Narain Tebriwal registered un...
Tag this Judgment!Bam Bam Manjhi, Etc. Vs. State of Bihar
Court: Patna
Decided on: Sep-20-2000
Narayan Roy, J.1. Heard Mrs. Bina Rani, learned amicus curiae, in Criminal Appeal No. 258 of 1987 and Mr. Ramesh Singh, earned Counsel for the appellant in Criminal Appeal No. 259 of 1987, and also Mr. Ganesh Prasad Jayaswal, learned Additional Public Prosecutor for the State of Bihar.2. Both these appeals arise out of the common judgment and order of conviction and sentence, therefore, both the appeals have been heard together and are being disposed of by this common judgment.3. Both these appellants, namely, Bam Bam Manjhi and Paras Rai, have been found guilty under Sections 302/34 of the Indian Penal Code for committing murder of Sarwanand Rai, and they have been sentenced to undergo rigorous imprisonment for life.4. The prosecution case, briefly stated, is that the informant Ram Sewak Rai (P.W. 1) along with his brother Sarwanand Rai, the deceased, had gone to Neora market on 7.10.1984. By 5.00 p.m. they finished marketing and were to return back to their place, but, in the meanti...
Tag this Judgment!Pulak Enterprises, Etc. Etc. Vs. Bihar State Electricity Board and ors ...
Court: Patna
Decided on: Sep-20-2000
Radha Mohan Prasad, J.1. Earned Counsel for the parties were heard on the question of admission and stay on 18th September, 2000, However, as on that date earned Counsel for the parties expressed difficulty in agreeing for fixing a date in the absence of availability of date from their learned senior counsel, these matters were directed to be listed under the heading 'To be mentioned' today and it has accordingly been listed.2. Earned Counsel for the parties agree that the matter may be listed under the heading 'For Admission' it self for final disposal on 23rd October, 2000 as a first case before an appropriate Bench.3. As agreed, put up this matter for admission on 23rd October, 2000 as a first case.4. Meanwhile, the respondent-Board shall realise the arrears of fuel surcharge in accordance with the impugned circular of the Board in 10 equal monthly instalments at the interval of one month each after the bills are raised and, further, the operation of the order dated 16.8.2000 with ...
Tag this Judgment!Randhir Singh Vs. Central Coalfields Ltd. and ors.
Court: Patna
Decided on: Sep-20-2000
M.Y. Eqbal, J.1. In this writ application, the petitioner has prayed for quashing that part of the office order as contained in Letter No. PO/KUGP/99/7912-25 dated 17.2.2000 issued by the Project Officer, Kedla Underground Project, whereby petitioner has been intimated that he would superannuate with effect from 10.8.2000 and further to allow the petitioner to work till his date of superannuation i.e. 26.12.2004 by declaring date of birth of the petitioner as 26.12.1944.2. Petitioner's case is that he passed matriculation examination from High School, Khaira in the district of Jamui and in the matriculation certificate, his date of birth has been recorded as 26.12.1944. In 1976, petitioner was appointed as Mining Sirdar, Grade-I and pursuant to appointment letter, he joined as such on 3.3.1976. Petitioner's further case is that his date of birth was recorded as 26.12.1944 in Form-B register on the basis of matriculation certificate. In the Identity-card, his date of birth was recorded...
Tag this Judgment!National Insurance Co. Ltd. Vs. Sidhu Devi and ors.
Court: Patna
Decided on: Sep-20-2000
S.K. Chattopadhyay, J.1. Heard learned Counsel for the parties on the limitation petition as well as merit of the appeal.2. After hearing the learned Counsel for the parties and going through the limitation petition, I am satisfied that sufficient ground has been made out to condone the delay in filing the appeal. The limitation petition is accordingly allowed and delay in filing the appeal is condoned.3. The appellant-insurance Company has challenged the order of the Tribunal dated 7.6.1999 by reason of which the appellant has been directed to pay interim compensation under Section 140 of the Motor Vehicles Act.4. The only point raised by the learned Counsel for the appellant is that the death of the deceased had not taken place due to any motor accident rather they were killed by miscreants and after killing they filed away with the vehicles and therefore, the claim petition before the Motor Vehicles Tribunal was not maintainable. According to the learned Counsel the claimants ought...
Tag this Judgment!Kapildeo Singh Vs. Hari Singh and ors.
Court: Patna
Decided on: Sep-20-2000
Gurusharan Sharma, J.1. Title Suit No. 83 of 1975 was dismissed. Plaintiffs, therefore, filed Title Appeal No. 123 of 1978 which was dismissed for default on 22.1.1985.2. On 8.7.1985 Misc. Case No. 10 of 1985 was filed under Order 41 Rule 19 of the Code of Civil Procedure for restoration of the said appeal.3. It was stated that pairvikar of the appeal was entrusted to One Binda Singh, an Advocate's Clerk who fell ill and ultimately died. In such circumstances counsel for the appellants was not appearing on the dates fixed in the appeal before the Court and none was present on 22.1.1985 also when the appeal was called out for hearing and consequently, it was dismissed for default.4. A perusal of the order dated 22.1.1985 shows that counsel for the appellants was also informed but he did not appear on the said date.5. Two witnesses were examined to explain the circumstances under which nobody on behalf of the appellants attended the Court and the appeal was dismissed for default. In may...
Tag this Judgment!The Managing Committee of Sri Chandra Mishra Prathmik Sah Madhya Sansk ...
Court: Patna
Decided on: Sep-20-2000
Narbdeshwar Pandey, J.1. This petition under Articles 226 & 227 of the Constitution of India has been filed for a Writ of certiorari, quashing the order, contained in Memo No, 314 dated 15.4.1989 (Annexure-1), whereby, the Special Director, Secondary Education, Government of Bihar (respondent No. 2) rejected the appeal, which was preferred against the order of the Chairman of the Bihar Sanskrit Shiksha Board, as contained in Memo No. 6699 dated 2.7.1987 (Annexure-4)2. As would appear from the facts on record, there is a dispute between two Managing Committees of the School, named Sri Chandra Mishra Prathmik-sah-Madhyama Sanskrit Vidyalaya. The petitioner Managing Committee is being represented by the Secretary Sri Chandra Mishra, whereas the other Managing Committee is represented by Sri Baiju Kant Jha (Chairman) and Baleshwar Jha (Secretary). The School in question was established by the villagers in the year, 1978 in a building offered by Sri Chandra Mishra, who was also nominated a...
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