Patna Court May 2008 Judgments
Dr. Ajith Kumar Pandey Vs. Income-tax Appellate Tribunal
Court: Patna
Decided on: May-06-2008
1. The writ petitioner preferred an appeal to the Income-tax Tribunal. This appeal was in respect of levy of penalty under Section 271 of the Income-tax Act, 1961. The appeal was presented with court fee of Rs. 500. The same was decided ex parte. The petitioner then approached the Tribunal for recalling of the ex parte order. The Tribunal was agreeable to recall the ex parte order and to decide the appeal of the writ petitioner on the merits, provided the writ petitioner was agreeable to furnish deficit court fee of Rs. 8,330. The petitioner contended before the Tribunal that in respect of the appeal preferred by the petitioner court fee of Rs. 500 only is payable and such court fee have been paid, the question of the petitioner paving anything more does not arise. The Tribunal felt that the contentions of the petitioner are not acceptable in view of the decision of the Special Bench of the Income-tax Appellate Tribunal, Koltaka, rendered in the case of Sri Bidyut Kumar Sett v. ITO .2...
Tag this Judgment!Angira Hirday Narayan Singh Vs. State of Bihar and ors.
Court: Patna
Decided on: May-05-2008
Shiva Kirti Singh and Kishore K. Mandal, JJ.1. Heard learned Counsel for the appellants/writ petitioners in all the three Letters Patent Appeals which arise out of a common judgment and order of the writ court dated 3rd March, 1998 passed in five analogous writ petitions and also heard learned Counsel for the State appearing in all the three appeals.2. Although the history of the litigation involving the appellants/writ petitioners and the State is long but the issues are very limited. There is no dispute that all the writ petitioners were engaged as Silt Analysts on a consolidated pay scale of Rs. 100/- per month in Units of the Irrigation Department, Government of Bihar, and they are matriculates and not graduates. It appears that in 1972 the State Government decided in principle to extend the benefit of pay scale to employees like the appellants/writ petitioners engaged in Work-Charged Establishments. Since the benefit of such decision was not made available to the appellants and s...
Tag this Judgment!Dr. Ram Prakash Mahto Vs. Tar Kishore Prasad
Court: Patna
Decided on: May-01-2008
S.N. Hussain, J.1. This election petition has been filed by Dr. Ram Prakash Mahto under the provision of Sections 80 and 80A of the Representation of Peoples Act, 1951 (hereinafter referred to as 'the Act' for the sake of brevity) challenging the election of the sole respondent Tar Kishore Prasad who has been declared elected for 14th Bihar Legislative Assembly from 142, Katihar Assembly Constituency for which election was held on 26.10.2005.2. The admitted facts of the matter are that a notification was issued on 8.09.2005 calling for the voters of 142 Katihar Assembly Constituency to elect their representative of 14th Bihar Legislative Assembly fixing 05.10.2005 as the last date for filing nomination within which period altogether 10 candidates, including the sole petitioner and the sole respondent, filed their nomination papers, out of which the petitioner was an official candidate of Rashtriya Janta Dal political party, whereas the sole respondent filed his nomination as an offici...
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