Court : Patna
S.N. Jha and B.N.P. Singh, JJ. 1. This writ petition has been filed by the sole petitioner for a direction to pay him the amount of unutilised leave salary, gratuity under the Payment of Gratuity Act, 1972 and compassionate allowance under Rule 46 of the Bihar Pension Rules without prejudice to his claim for further pension.2. The case of the petitioner, shortly stated, is as follows. The petitioner joined the Bihar State Electricity Board (in short, the Board) as Engineer Assistant in 1963 and was posted at Patratu Thermal Power Station. In course of time, he was promoted as Electrical Assistant Engineer and thereafter Electrical Executive Engineer in 1966 and 1982 respectively and posted at different places. During his tenure as Electrical Executive Engineer at Begusarai on 7.10.1993 he was placed under suspension on charges, in the proceedings, initially, he was sought to be punished without giving him copy of the enquiry report and opportunity to file show cause. Finally, pursuan...
Tag this Judgment!Court : Patna
Aftab Alam, J. 1. This case is now confined to the petitioner's claim for interest for the delay in payment of the sum assured against the accidental death of her husband. In the facts and circumstances of the case, the claim of the petitioner appears quite irresistible. Hence, the only question that needs to be addressed is as to which of the two respondents would be liable to recompense the petitioner for the delay in payment. The two respondents in this case are the Central Bank of India and the New India Assurance Company, both well-known and big names in their respective areas of operation in the Public Sector. Unfortunately, in this case both the Public Sector giants appear in very poor light in regard to their internal functioning as well as in their dealing with one another. The sad part is that it was an individual person, the petitioner, who was made to suffer because the bank and the Insurance Company did not keep their records properly.2. The facts of the case are very br...
Tag this Judgment!Court : Patna
The petitioner has challenged the demand of Rs. 2,250 which has been charged as interest under section 234C of the Income Tax Act (hereinafter referred to as 'the Act') for the assessment year 1998-99 by the assessing authority as well as the revisional order passed by the Commissioner upholding the said order.2. For the assessment year 1998-99, the assessing authority- Deputy Commissioner, Income Tax, Circle-2(1), Patna (respondent No. 2), assessed the petitioner under section 143(3) of the Act by order dated 4-1-2001 determining the total income as Rs. 2,97,730, Rs. 4,482 was determined as tax, Rs. 2,250 was charged as interest under section 234C of the Act for delay in payment of advance tax. Copies of the order as well as the demand notice have been annexed as Annexures 1 and 2, respectively, to the writ application.3. The petitioner, thereafter, filed an application under section 154 of the Act for rectification of the total amount and the interest charged under section 234C of t...
Tag this Judgment!Court : Patna
1. The petitioner has challenged the demand of Rs. 2,250 which has been charged as interest under Section 234C of the Income-tax Act (for short 'the Act') for the asst. yr. 1998-99 by the assessing authority as well as the revisional order passed by the CIT upholding the said order.2. For the asst. yr. 1998-99, the assessing authority--Dy. CIT, Circle-2(1), Patna, (respondent No. 2), assessed the petitioner under Section 143(3) of the Act by order dt. 4th Jan., 2001, determining the total income as Rs. 2,97,730, Rs. 4,482 was determined as tax, Rs. 2,250 was charged as interest under Section 234G of the Act for delay in payment of advance tax. Copies of the order as well as the demand notice have been annexed as Annexs. 1 and 2, respectively, to the writ application.3. The petitioner, thereafter, filed an application under Section 154 of the Act for rectification of the total amount and the interest charged under Section 234C of the Act. The assessing authority by order dt. 16th Feb....
Tag this Judgment!Court : Bihar State Consumer Disputes Redressal Commission SCDRC Patna
D.P.S. Choudhary, President: 1. Complainant is the appellant who has preferred the appeal against the order dated 31.1.2003 passed by District Forum, Motihari (East Champaran) in Case No. 21/2002 dismissing the complaint. 2. The brief fact of the case is that complainant filed a complaint before the District Forum alleging therein that his father Sharda Prasad Singh retired on 30.9.1997 as Head Clerk. After retirement he was working in a shop of local businessman on a monthly salary of Rs. 4,000/-. His father fell ill on 23.1.2002 and was brought to the clinic of respondent-O.P. for treatment and deposited consultation fee of Rs. 60/-. The doctor prescribed him two medicines which his father started taking but the condition of his father deteriorated and he was having acute headache and both the eyes became reddish with unbearable pain. The appellant with his father approached the respondent-doctor on the next day who advised to stop earlier medicine and in its place prescribed another...
Tag this Judgment!Court : Bihar State Consumer Disputes Redressal Commission SCDRC Patna
D.P.S. Choudhary, President: 1. This appeal has been filed against the order dated 20.5.2003 passed by District Forum, Ara in Complaint Case No. 243/2003 whereby and whereunder the Forum has directed the O.P.-appellant to pay the complainant a sum of Rs. 50,000/- towards the double accident benefit claim with interest @ 9% from 16.3.2001 till the date of payment and Rs. 1,000/- has been awarded towards the cost of litigation. 2. The brief fact of the case is that complainants husband had a insurance with the O.P.-appellant. The insurance was for Rs. 50,000/- under the double accident benefit scheme. The life assured was shot dead by miscreants on 16.3.2001. His wife, the complainant filed claim before the L.I.C. The Insurance Company asked for copy of the F.I.R. Post-mortem Report, Police Report and other documents but the complainant did not submit the papers. The L.I.C. paid the complainant Rs. 60,700/- (Rs. 50,000/- as the sum assured and Rs 10,700/- as bonus) but repudiated the cla...
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R.N. Prasad, J.1. The sole appellant has preferred this appeal against the judgment and order dated 24th August, 2000 passed by the 1st Addl. Sessions Judge, Munger in ST. No. 285/98 whereby the appellant has been convicted for the offence under Section 302/34, IPC and sentenced to undergo rigorous imprisonment for life and has further been convicted for the offence under Section 498A, IPC and sentenced to undergo rigorous imprisonment for two years. He has further been convicted for the offence under Section 201, IPC and sentenced to undergo rigorous imprisonment for two years. The sentences were ordered to run concurrently.2. One Deep Narain Manjhi gave his fardbeyan on 19.5.1997 at about 7.45 p.m. before the Officer-in-charge of Tarapur Police Station at the Bus stand that his daughter Sarita Devi was married about ten years ago to Pradeep Singh, the appellant. At the time of marriage he had given gifts. After marriage the people of her sasural used to demand motor cycle and money...
Tag this Judgment!Court : Patna
R.N. Prasad, J. 1. The petitioner was appointed on 1.7.1977 to the post of Superintendent, Commercial Taxes. He was allowed ad hoc promotion to the post of Assistant. Commissioner, Commercial Taxes vide letter dated 22.6.1990. However, the said promotion was not Confirmed and the petitioner retired in the year 1999. He thus has filed the writ petition for issue of direction to promote him to the post of Assistant Commissioner on regular basis and, thereafter, to the post of Deputy Commissioner, Commercial Taxes.2. A counter-affidavit has been filed on behalf of respondents wherein stand has been taken that the name of the petitioner was considered for promotion on regular basis to the post of Assistant. Commissioner, Commercial Taxes in the meeting of Departmental Promotion Committee held on 26.5.1997, but he was not granted promotion because no clearance certificate was given by the Cabinet (Vigilance) Department. However, when clearance certificate was made available the case of th...
Tag this Judgment!Court : Patna
Nagendra Rai, J.1. The decree-holders/petitioners are aggrieved by order dated 11-9-2002 passed by Subordinate Judge, III, Patna City in Miscellaneous Case No. 21 of 2000 arising out of Title Execution Case No. 2 of 2000 whereby the decree for specific performance of contract passed in Title Suit No. 113 of 1995 has been rescinded in exercise of power under Section 28 of the Specific Relief Act, 1963 (hereinafter referred to as the Act).2. The factual matrix necessary for disposal of the controversy between the parties is that the plaintiffs/petitioners filed the aforesaid Title Suit for specific performance of contract on the basis of agreement entered into between the parties for sale of immovable properties as described in Schedule-I of the plaint. The said suit was decreed on 20-12-1999 and the decree was signed on 6-1-2000. The Trial Court directed the defendants/opposite parties to execute the sale deed with regard to property described in Schedule-I of the plaint in favour of t...
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R.S. Garg, J. 1. Heard learned counsel for the parties.2. The Respondent Bihar State Road Transport Corporation which is being squeezed by the Government on one side and crushed by over-staffing on the other hand is facing a serious financial crunch. It has only 300 buses to ply on the roads while it has more than 6000 employees to look after them. It appears that one bus has to maintain more than 20 persons and has also to earn something towards the maintenance of the offices and maintenance of the Corporation and its high class officers.3. It appears that the matter went to the Supreme Court in Civil Appeal No. 7290 of 1994. As the Supreme Court found that the matter was required to be monitored by the Court itself it constituted a committee and issued certain directions to the committee to prepare a package so that the dying Corporation is revived and it starts earning. According to the Respondents, after the directions of the Supreme Court constituting the committee the said commi...
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