Court : Patna
1. heard learned counsel for the parties. 2. in this writ petition, the prayer of the petitioner reads as follows: "1(i) for quashing the proceeding of serial no.25 of proceeding dated 16.11.2011 of district compassionate committee, darbhanga as contained in 'annexure-8" by which it was wrongly taken decision against the petitioner for rejecting the grievances of the petitioner. (ii) for quashing the order of additional collector, darbhanga vide letter no. 634 (establishment) dated 2.4.2012 by which who has intimated to petitioner that the application for appointment on basis of compassionate appointment has been rejected on 16.11.2011 by district compassionate committee, darbhanga on the basis of sankalp no. 3927 dated 31.03.2011 of government of bihar. (iii) for commanding the respondents to act properly upon the government instruction of sankalap no. 2937 dated 31.03.2011 as to clearify by the joint secretary of general administration department, government of bihar vide letter no. 17948 dated 31.12.2012 and to consider the case of the petitioner for appointment on the basis of compassionate ground after death of his father namely brahamdeo thakur in his service period and who is lovely bread earner of the family of the petitioner." 3. learned counsel for the petitioner, in support of the aforementioned prayer, has submitted that the enhancement in qualification for appointment on class-iv (group d) post, having been notified by the finance department on 31.03.2011 from .....
Tag this Judgment!Court : Patna
1. this appeal has been preferred by the appellant rajiv singh against the judgment of conviction dated 21.10.2011 whereunder, he has been found guilty for an offence punishable under sections 304b, 201, 498a of the i.p.c. and sentence dated 25.10.2011 directing to undergo rigorous imprisonment for ten years under section 304b of the i.p.c., rigorous imprisonment for two years as well as also slapped with fine appertaining to rs. five thousand in default thereof, to undergo simple imprisonment for one month additionally under section 201 of the i.p.c., rigorous imprisonment for two years as well as also fined rs. five thousand in default thereof, to undergo s.i. for one month additionally, under section 498a of the i.p.c. with a further direction to run the sentences concurrently. 2. after hearing both sides as well as going through the record, certain admitted fact is to be taken note of for better appreciation. appellant rajiv singh happens to be the husband of rani archana sinha (so alleged victim) with whom marriage was solemnized on 29.04.2007. it is also an admitted fact that the couple proceeded to enjoy holiday (might be a honeymoon trip) to darjeeling, manipal etc. and during course of returning, while the couple were travelling by the capital express, aforesaid rani archana sinha disappeared. rajiv singh arrived at patna and then returned back to mokama where he had conversation with his mother in-law and after getting proper instruction on the facts so disclosed by .....
Tag this Judgment!Court : Patna
1. heard mr. j.s. arora, the learned counsel appearing on behalf of the defendant-appellants and mr. a.b. ojha, the learned counsel appearing on behalf of the plaintiff-respondents. 2. this second appeal has been filed assailing the judgment and decree passed by the appellate court below affirming the decree in the suit in favour of the plaintiff-respondents. 3. the plaintiffs instituted the t.s. no. 56 of 1994 praying for the relief of declaration of their title over the suit land described in schedule-ka of the plaint and further for confirmation of their possession over the same and in alternative for recovery of possession if dispossessed during the pendency of the suit. later on, by amendment in the plaint, the plaintiffs added the fact of their dispossession from the suit land by the defendants during the pendency of the suit. the consequential relief of permanent injunction restraining the defendants from interfering in peaceful possession of the plaintiffs over the suit land has also been prayed. 4. the facts are not in dispute between the parties that the plaintiffs were the title holders of the land described in schedule-ka of the plaint and similarly the defendants were also title holders of the lands described in schedule-kha of the plaint. the total area of land in schedule-ka is 0.78 acres of village dehri, p.s. dinara, district-rohtas. the total area of land described in schedule-kha is also 0.78 acres out of which 10 decimal is situated in village-dehri, p.s. .....
Tag this Judgment!Court : Patna
anjana prakash, j. 1. the appellants of cr. appeal 437 of 2013 and 518 of 2013 have been convicted u/s 302 ipc and sentenced to death and also under section 394 ipc and 27 of the arms act and sentenced to ten years and two years respectively with a fine of rs.5,000/- . death reference is in regard to the same appellants. criminal appeal no. 379 of 2013 and government appeal 19 of 2013 have been preferred by the informant against the acquittal of initial accused kamlesh jha. the said judgment was delivered by the 1st additional sessions judge, darbhanga, in sessions trial 441 of 2011 on 9th april, 2013. 2. the fard-byan of ram pukar rai, p.w-3 recorded at 8.20 p.m. at the place of occurrence, i.e. soni fuel petrol pump at nehra, p.s. manigachhi, distt. darbhanga, on 27.7.2011, is that on the date of occurrence, around 6.30 to 6.45 p.m. when he was checking the diesel on the tanker the nephew of the owner jai ram choudhary i.e. ashwani kr. chaudhary (deceased) and daya shankar roy (deceased) were working at the reconciliation of accounts and the nozle man kailash sada (deceased) was standing near the nozle. just then on two black motorcycles, four accused persons arrived and started to get their motorcycles re-fueled. in the meanwhile, he went inside the counter having checked the diesel and he saw the tanker driver (ram ayodhya mahto, pw7) talking to deceased ashwani kumar choudhary. he informed choudhary that the tanker was emptied and that the driver should be paid his dues. .....
Tag this Judgment!Court : Patna
1. the appellant was tried by the learned special judge, cbi, south bihar, patna in special case no.68 of 1986 arising out of r.c.case no.33 of 1986 and by judgment dated 20.12.1999, was found guilty of committing offence under section 5(1)(c) and 5(1)(d) punishable under section 5(2) of the prevention of corruption act, 1947 as also offences under sections 409 and 467 of the ipc. after being heard on sentence, he was directed to suffer rigorous imprisonment for two years on each of the above three counts. the sentences were directed to run concurrently. 2. the facts admitted and those appearing from evidence appear that the national aluminum corporation limited(nalco) had awarded contract to construct a type quarters for its nalco nagar, orissa to m/s east india construction company, chass, dhanbad. it appears from the evidence of p.w.7 and other witnesses, like, p.w.10 n.s.rao that the m/s east india construction company, chass, dhanabad( construction company for short) had been awarded the contract and letter of intent was issued in its favour and they were required to enter into the agreement by furnishing a bank guarantee. it was alleged that the bank guarantees exts-11/a to 11/d, were issued by the present appellant after forging it and without observing the rules laid down for issuing the bank guarantees. the further prosecution case was that the contract work was not completed in time and as such nalco to wrote to the bokaro steel city branch of the bank of india, .....
Tag this Judgment!Court : Patna
navaniti pd. singh, j. (cav) 1. as pleadings are complete with consent of parties, this writ petition was heard at length for final disposal at this stage itself. 2. originally, the writ petition was filed, inter alia, to declare the introduction of revised clause-5.3.1 of the request for proposal (rfp) in respect of patna electric supply unit (pesu) area (patna) to be arbitrary, unreasonable and to set it aside restoring the original clause. later the new rfp issued cancelling the earlier rfp is also challenged by interlocutory application by amending the writ petition, which has been allowed. 3. heard mr. y.v. giri, learned senior counsel in support of the writ petition and mr. lalit kishore, learned senior counsel and principal advocate general, ably assisted by mr. anand kumar ojha for the bihar state power (holding) company limited. 4. the facts are not in dispute. the electricity act, 2003 (hereinafter in brevity 'act') and its subsequent amendments which repealed the indian electricity act, 2010, the electricity (supply) act, 1948 and the electricity regulatory commission act, 1998, while consolidating the law governing and relating to generation, transmission, distribution, trading and use of electricity, made radical changes in the entire concepts. apparently, in conformity with the new act and in view of section-131 thereof, the erstwhile bihar state electricity board stood dissolved and it vested in the state government. in its place the state government formed, .....
Tag this Judgment!Court : Central Administrative Tribunal CAT Patna
Reported in : (2007)IISLJ341CAT
1. the main point for determination in the o. as. noted above being the same, with slight variations in the matter of reliefs sought as would be mentioned later in the order, all these cases have been heard together and will be disposed of by this common order.2. the separate applications in the cases having more than one applicant, to be allowed to prosecute the case jointly, also stand allowed.3. the main relief sought is to order the respondents to regularize, or to absorb them in regular posts either in group 'd' or group 'c'. in some cases prayer has also been made to direct the respondents to take work from the applicants as casual labourer, till their regularization/absorption.4. in o.a. 597 of 2005 there is also prayer, besides regularization in a group 'd' post, that the pension and retiral benefits be not curtailed by the respondents who had acquired temporary status since long and to continue to obtain deduction from the gpf treating them at par with group 'd' employees. however, the prayer to absorb them in permanent posts on the one hand and the prayer for grant of pensionary benefits being casual labourers, or to allow the casual labourers to contribute to gpf are separate reliefs, not consequential to the main relief hence is prohibited under rule 10 of the cat (procedure) rules, 1987. therefore, the main prayer for regularization is being considered but the applicants would be free to take legal recourse for other reliefs.in some cases like o. as. 686/05, 740 .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Patna
Reported in : (1984)10ITD81(Pat.)
1. one appeal has been filed by the department against the order of the commissioner (appeals), cross-objection has bean filed by the assessee and the assessee has also filed a separate appeal against the same order of the commissioner (appeals). as all the three appeals relate to one order of the commissioner (appeals), these are being taken up together for consideration and disposal.2. the appeal of the department and the cross-objection filed by the assessee were fixed for hearing, thrice and twice adjournments were granted at the request of the assessee. the appeal was first fixed for hearing on 4-4-1983. the departmental representative requested for adjournment and the hearing was adjourned. again it was fixed for hearing on 23-4-1984. even then request for adjournment was made on behalf of the assessee and the hearing was adjourned to 10-5-1984.again request for adjournment has been made which has been rejected as there was no sufficient ground mentioned for making request for adjournment and the assessee has already been granted adjournment twice. the only cause mentioned in the petition for adjournment dated 9-5-1984 is that certain evidences which were relevant in the appeal were yet to be obtained from the partner who was out of patna. in our opinion, the request for adjournment has been made without any reasonable or sufficient cause. it has been rejected. the appeals are being disposed of on merits after hearing the departmental representative. even the appeal of .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Patna
Reported in : (1987)20ITD94(Pat.)
1. while the assessee is in appeal for the assessment years 1974-75 to 1979-80, the revenue is in appeal for the assessment years 1976-77 to 1978-79. as these appeals involve consideration of a common issue, these are combined together and disposed of by this common order.2. we first take up the appeal filed by the assessee for the assessment year 1974-75 one of the issues which is common for all the years both in the appeals filed by the assessee as well as those filed by the revenue is regarding the claim of assessee for deduction under section 80j of the income-tax act, 1961 ('the act'). the assessee, a company, had taken over a running business of a partnership concern hindustan tools & dies, laxmi mansion, bistupur, jamshedpur with all its assets and liabilities. soon after taking over this business from hindustan tools & dies, laxmi mansion, the assessee launched a scheme of expansion and diversification of the manufacturing job which was done by the existing business. the assessee made purchases of plant and machinery amounting to rs. 1,96,208 for the assessment year 1975-76, rs. 2,10,355 for the assessment year 1976-77, rs. 5,03,053 for the assessment year 1977-78 and rs. 63,229 for the assessment year 1978-79.the machinery and plant which he had obtained from hindustan tools & dies, laxmi mansion, was valued at rs. 5,21,411. according to the assessee he had pumped into the business quite a substantial amount of fund to make these purchases which he installed in a .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Patna
Reported in : (1993)47ITD549(Pat.)
1. this appeal has been filed by the assessee against the order of the id. dc (a) dated 6-12-1990. the assessee is a director of bccl and received coal field allowance during the year under appeal. he claimed that 50 per cent of this allowance should be considered as non-taxable in view of several decisions of the itat. the assessing officer while framing the order under section 143(1) had allowed rs. 1,200 only as non-taxable. the assessee had filed a petition under section 154 requesting the assessing officer to rectify the order, but the said request was rejected by the assessing officer stating that the itats decision relied by the assessee are no more in force in view of board's circular no. 517, dated 16-6-1988. in that circular board has directed that only the excess over 100 per month or 50 per cent of the actual colliery allowance paid by the coal india limited whichever is more is to be treated as perquisite and the balance amount of the payment of the said allowance may be allowed to be deducted while computing the income under the head 'salaries'. before the id. d.c.(a), the assessee's counsel contended that cbdt have no power as per provisions of section 295 to issue directions which interferred with the jurisdiction of the appellate authorities. he submitted that board circular relied upon by the assessing officer cannot overrule the decisions of the itat. the id. d.c.(a) disagreed with him as he was of the opinion that cbdt was competent to issue the said .....
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