Court : Patna
..... functioned as record clerk in the despatch section of patna branch no. 1. he was served with charge-sheet dated 31.8.1982 (annexure-1), whereby allegations were levelled against him that he had been pilfering/de-affixing postal stamps from the envelopes meant to be despatched the corporation's office to the addressees. departmental proceeding was conducted under the provisions of life insurance corporation of india (staff) regulations 1960 (hereinafter referred to as the 'regulations'), framed under the life insurance corporation act 1956 (hereinafter referred to as the 'central act'). respondent no. 2 participated ..... and the application is permitted to be withdrawn.sd/- s.s. sandhawalia.sd/- b.n. sinha.respondent no. 2 thereafter filed a complaint under the provisions of section 26(2) of the bihar act which has on contest been allowed, the order of dismissal has been set aside, and the service of respondent no. 2 has been restored with full back-wages and consequential benefits. hence this writ petition.3. while assailing the validity of the impugned order, learned counsel for the petitioner submits that 'insurance' is covered by entries 43 .....
Tag this Judgment!Court : Patna
Sudhir Kumar Katriar, J. 1. This writ petition has been preferred by three petitioners for issuance of a writ of certiorari to quash the letter dated December 28, 1998 (annexure 5), issued by the Hindustan Petroleum Corporation Ltd. (respondent No. 1), whereby it has in terms of Section 7(3) of the Esso (Acquisition of Undertakings in India) Act, 1974 (4 of 1974) (hereinafter referred to as 'the Act'), exercised its right to renew the lease with the petitioners for the land in question for a further period of 33 years commencing from March 1, 1999, on the same terms and conditions on which the lessee held the lease immediately before March 13, 1974. 2. Petitioner No. 1 (Jagmohan Mehrotra), being the karta of family which owns the plot of land in question, had entered into a registered deed of lease on October 11, 1966 (annexure 1), with Esso Standard Eastern Inc., incorporated in the United States of America, having an office in the city of New York, State of New York, and branch offi...
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Patna
Reported in : (1993)44ITD661(Pat.)
1. This appeal is directed against the order of the 1d. Dy.Commissioner of Income-tax (Appeals) (hereinafter referred to as the DCA for short) dated 30-10-1990 for the assessment year 1989-90.2. The assessee is an Insurance Agent. She had claimed 50 per cent from gross receipt of first year's commission as well as gross receipt of bonus/ commission (first year's business) as expenditure incurred. The Assessing Officer (hereinafter referred to as the AO), though allowed expenses claimed against first year's commission, disallowed the entire expenses claimed on bonus/commission in his order under Section 143(1)(a) (all sections quoted in this order are of Income-tax Act, 1961).3. A rectification petition under Section 154 was filed by the assessee. This was rejected by the Assessing Officer. The appeal before the 1d. DC (Appeals) also failed. Hence this appeal by the assessee.4. The 1d. counsel for the assessee argued that the claim of 50 per cent from the gross receipt of the bonus/com...
Tag this Judgment!Court : Patna
Prabhat Kumar Sinha, J. 1. This is an application under Section 482 of the Code of Criminal Procedure preferred by P.K. Banal, the then Senior Divisional Manager, Life Insurance Corporation of India ('Corporation', in short) at Patna for quashing order dated July 3, 1995 recorded by the Chief Judicial Magistrate, Patna in Complaint Case No. 666/M/95 whereby and whereunder cognizance of offence was taken under Section 10 of the Equal Remuneration Act, 1976 (' 1976 Act', in short) as also to quash the entire complaint case. 2. The facts, in brief, are that vide Annexure-1 the Labour Enforcement Officer, (Central), Patna forwarded complaint under Section 10 of the 1976 Act stating therein that the 1976 Act and Rules made thereunder were applicable to the accused and his establishment, but on inspection held on July 4, 1994 it was found that the petitioner had failed to maintain the Register in Form-D in contravention of Section 8 of the 1976 Act read with Rule 6 of the Rules made thereu...
Tag this Judgment!Court : Patna
Narayan Roy, J.1. Heard learned Counsel for the petitioners. However, no one appears on behalf of the Complainant-opposite party No. 2. 2. This application under Section 482 of the Cr. P.C. has been filed challenging the entire criminal prosecution launched against the petitioners under Section 500 of the I.P.C., in complaint case No. 1023(c)/94. Learned Counsel for the petitioners submitted that even at the face of the complaint petition no offence whatsoever is made out against the petitioners as the allegations levelled by the Complainant relates to the internal correspondence in between the petitioners who are officials of the Life Insurance Corporation of India and the Complainant. Learned Counsel for the petitioners has drawn my attention to the complaint petition and the letters attached with the complaint petition allegedly showing defamatory words used against the Complainant. From the letters attached to the complaint petition, it would appear that the Corporation from time...
Tag this Judgment!Court : Patna
Binod Kumar Roy, J.1. The petitioner, Deputy Finishing House Incharge of the Ashok Paper Milk Limited (hereinafter referred to as the Company), through this writ application filed on 30-3-1989, prays to quash a communication made to him by the Works Manager Incharge of the Company (Respondent No. 4) vide letter dated 29-12-1987 (as contained in Annexure 8) to effect that as per the decision of the Board of Directors of the Company, he is being informed that his joining with effect from 4-11-1987 has not been accepted and that it will be considered only after a decision is taken to restart production of the Company. The petitioner also prays for issuance of an appropriate writ or direction of order commanding the Respondents to allow him to join on the post he was working prior to proceeding on leave granted by Respondent No. 4 as also to pay his salary and wages from August, 1985 to March, 1987 (the period during which he was on duty) and from 4-11-1987 to date.The Facts:2. The petiti...
Tag this Judgment!Court : Bihar State Consumer Disputes Redressal Commission SCDRC Patna
B.N. Sinha, President: 1. This case has been filed for a direction to the opposite party to pay to the complainant the amount under Insurance Policy No. 510004177 dated 13.8.88 taken by his father late Somari Mahto with 22% interest thereon from the date of the death of the insured. 2. The facts of the case as disclosed in the complaint petition may be briefly noticed. Somari Mahto who was father of the complainant had Insurance Policy bearing No. 510004177 dated 13.8.88 in his name from the opposite party-Life Insurance Corporation of India hereinafter referred to as the L.I.C.) opposite party No. 1 for a sum of Rs. 1,00,000/-. The complainant was the nominee of the life insured under this policy and the period of policy commenced on 28.5.88. The insured Somari Mahto died on 22.11.90 and the complainant informed about the death of his father to the L.I.C. in the month of January, 1991. As desired by the LIC the complainant in February, 1990 also filed duly filled up claim form furnish...
Tag this Judgment!Court : Patna
S.N. Jha, J.1. The Oriental Insurance Company Limited and its officials -- five in number -- posted in the regional offices at Patna, Bangalore and Gauhati, and the branch office at Patna have come to this Court for quashing the order of the Judicial Magistrate 1st Class, Patna dated 24-5-2000 in Complaint Case No. 610/2000 taking cognizance and issuing processes under Sections 406, 409 and 420 Indian Penal Code against them.2. The case of the complainant-opposite party, M/s. Poddar Industries, is that it is a partnership firm. In 1992 the Branch Manager of the petitioner company approached its partner and requested him to insure the factory building with all equipments along with the boundary wall and the partners agreed for the same. The rate of premium was thereafter fixed after site inspection as per the cost value of the goods insured. Finally, the company issued fire policy 'C' with coverage of special perils like flood etc. for one year. The policy was renewed every year. The ...
Tag this Judgment!Court : Patna
Binod Kumar Roy, J. 1. Since common questions of facts and law are involved in these two writ applications which in terms of order dated 4-3-1992 passed in C.W.J.C. No. 5878 of 1991 have been together, are being disposed of by this common judgment. 2. In C.W.J.C. No. 380 of 1990 the petitioners pray to quash the communication dated 2-4-1987 (as contained in Annexure-5) of the Sub-Registrar, Danapur (Respondent No. 4) addressed to the Collector, Patna (Respondent No. 2) impounding the sale deed dated 30-3-1987 of the petitioners under Section 33 of the Stamp Act (hereinafter to be referred to as the Act) and for restraining the Respondents Nos. 2 and 3 from proceeding further with Impound Case No. 43 of 1988-89 started against petitioner No. 1. 3. In C.W.J.C. No. 5878 of 1991 the petitioners pray to quash a similar communication, though dated 20-3-1987 of Respondent No. 4 addressed to the Collector, Patna (Respondent No. 2) impounding the sale deed dated 19-3-1987 of the petitioners u...
Tag this Judgment!Court : Patna
1. Both the Letters Patent appeals arise out of judgment and order dated April 20, 2000, by a learned single judge of this court in CWJC No. 1479 of 1999 (since reported in Jag Mohan Mehrotra v. Hindustan Petroleum Corporation Ltd. [2002] 109 Comp Cas 844). In view of the nature of the case, both the appeals have been heard together in detail at the stage of admission itself and are being disposed of by this common order.2. LPA No. 914 of 2000 has been preferred by the writ petitioners against that part of the judgment under appeal by which prayer for a direction to the respondents which include Hindustan Petroleum Corporation Limited (hereinafter referred to as 'the Corporation'), a Government company, to vacate the premises in question has been refused. This was sought as a consequential relief after the main relief of quashing of letter dated December 28, 1998, (annexure 5) issued by the Corporation in terms of Section 5(2) read with Section 7(3) of the ESSO (Acquisition of Underta...
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