Court : Patna
Mridula Mishra, J.1. In all these writ applications the prayer of the petitioners are similar as such they have been heard together and are being disposed of by a common order.Prayer of the petitioners in all these writ applications is for quashing of Office order No. 126 dated 4.5.2007 issued by the Commissioner-cum-Secretary, Rural Development Department, Government of Bihar, Patna in pursuance of the order contained in Memo No. 1624 dated 22.2.2007, whereby the petitioners have been transferred to different blocks in the State of Bihar after being absorbed as government servant.2. All these writ applications were heard along with C.W.J.C.No. 6467 of 2007 as the petitioners have challenged their transfer order issued by the Commissioner-cum- Secretary, Rural Development Department, Government of Bihar contained in Office order No. 126 and 127 dated 4.5.2007 on the basis of the resolution contained in Memo No. 2828 dated 29.3.2007 erroneously absorbing the petitioners as government s...
Tag this Judgment!Court : Patna
M.L. Visa, J.1. By this application under Sections 80, 80A and 81 of the Representation of People Act, 1951 (hereinafter referred to as the Act) the election petitioner has called in question the election of a returned candidate named Shri Shiv Bachan Yadav (Respondent No. 1) from 243 Kurtha Assembly Constituency in the State of Bihar the election of which was held in the month of February, 2000.2. The case of petitioner, in short, is that he was one of the contesting candidates in the election from 243 Kurtha Assembly Constituency in the State of Bihar the election of which was held in the month of February, 2000 (hereinafter referred to as the election in question). The then Additional District Magistrate, Jehanabad, namely, Shri G.L. Das was the Returning Officer in the election in question and he issued an election programme giving relevant dates for the election in question as follows: (i) Last date for filing of nomination papers 24-1-2000(ii) The date of scrutiny of nomination ...
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N. Pandey, J.1. Both the writ petitions have been filed for quashing the notification of the Slate Government dated 8.9.1998 issued in exercise of its power under Section 29 of the Bihar Municipal (Amendment) Act, 1994 whereby and where under the Jamshedpur Notified Area Committee was dissolved with immediate effect with a direction to the District Magistrate to depute a responsible officer under him to look after the day-to-day function of the Notified Area Committee.2. Undisputedly, until the date of the above mentioned notification of the State Government functions of the Jamshedpur Notified Area Committee was being looked after by the duly-elected/nominated members of the said committee under the provisions of The Bihar Municipal Act, 1922, term of which expired on 11.3.1997 on completion of a period office years. It would be relevant to mention that extensive amendments were carried out in the Municipal Act, 1922 by Bihar Ordinance No. 13 of 1994 which was later substituted by Bi...
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R.A. Sharma, J.1. Being aggrieved by the two orders of the same date i.e., 17.9.1998, passed by the State Government under Sub-section (7) of Section 23 of the Jharkhand Area Autonomous Council Act, 1994 (hereinafter referred to as the Act) removing the Chairman and the Vice-Chairman of the Interim Council and the Members of the Interim Executive Council, the petitioner, who claims to be the Spokes Person of the Jharkhand Mukti Morcha and a member of the said Interim Executive Council, has filed this Writ Petition. In the Writ Petition, the State of Bihar, Smt. Rabri Devi, the Chief Minister of the State, the Secretary to the Governor, the Chief Secretary, Govt. of Bihar, Shri M.P. Ajmera, Deputy Secretary, Planning and Development, Patna, and the Jharkhand Area Autonomous Council (hereinafter referred to as the JAAC) have been impleaded as respondent Nos. 1 to 6, respectively.2. Respondent Nos. 1, 2, 4, 5 and 6 have filed counter-affidavit sworn by Sri M.P. Ajmera, Deputy Secretary, ...
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B.L. Yadav, J.1. This is an application under Article 215 of the Constitution of India read with Section 12 of the Contempt of Court Act, 1971 (compendiously the Act). The prayer in the application is that Shri Rajani Ranjan Prasad, District Magistrate, Katihar (Respondent No. 2) and Shri Akshaya Kant Mishra, District Panchayat Officer, Katihar (Respondent No. 3) be punished for having deliberately and wilfully disobeyed the order of this Court dated 10th December, 1993 passed in C.W.J.C. No. 7513 of 1993.2. The portrayal of the essential facts are that the applicants were appointed as Dalpatis in their respective Gram Panchayats by the Executive Committee of the Gram Panchayat and their appointments were approved by the District Panchayat Officer, Katihar by exercising his power under Rule 4(1) of the Bihar Panchayat Village Welfare Force Rules, 1949. The applicants were sent for training in Central Training Institute at Ranchi and completed the same and were awarded certificates. Th...
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Sudhir Kumar Katriar, J. 1. This writ petition has been preferred with the prayer to quash the order dated 2-12-1997 (Annexure-16), issued by Indian Oil Corporation Limited (respondent Nos. 2 to 6), along with the covering letter dated 15-12-1997, whereby the Letter of Intent issued in favour of the petitioner for setting up a retail outlet for sale of petroleum products at village Gaunaha, District West Champaran, has been withdrawn. The respondents have not filed counter-affidavit. 2. The respondents had issued an advertisement which appeared in the local dailies of 19-8-1981 (Annexure-1), inviting applications for grant of retail outlet dealership, inter alia, for village Gaunaha, District West Champaran. This was reserved for unemployed graduates, and there was also an income limit. The petitioner submitted his application along with others which were considered by the respondents and the Letter of Intent was issued to the petitioner. Pursuant to the Letter of Intent, the petitio...
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R.N. Sahay, J. 1. This is an application under Sections 80 and 81 of the Representation of People Act, 1951 calling in question the election of respondent No. 1 Sri Shibu Soren to the Council of States The petitioner has further sought declaration that he be declared to be duly elected to the Council of States in the election held in 1998. 2. The President of India under Section 12 of the Representation of People Act, 1951 called upon the elected members of the Bihar Legislative Assembly to elect seven members to the Council of States in biennial election held in 1998. The Secretary of the Legislative Assembly Bihar was appointed as the Returning Officer. The petitioner and the respondents Nos. 1 to 7 filed their nominations on the date fixed for this purpose. On scrutiny the Returning Officer found that all the nominations were In order and accepted them as valid. The petitioner and respondents Nos. 1 to 7 contested the election to seven seats from the State of Bihar to the Council ...
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Mihir Kumar Jha, J.1. Initially this writ application was filed by one Awadh Kishore Prasad on 24.10.2003 for payment of certain retirement benefits as also some other claim of his salary and emoluments etc. As a matter of fact this Court after hearing the parties had reserved the orders but subsequently when Awadh Kishore Prasad is said to have died on 25.5.2008 an interlocutory application being I.A. No. 3438/2008 was filed for substituting his wife, namely, Smt. Manorama Prasad as his legal representative for the purpose of claiming retirement benefit which is the subject matter of this writ application. Such I.A. No. 3438/2008 after hearing the parties was allowed by an order dated 30.6.2008.2. Late Awadh Kishore Prasad, hereinafter referred to as the writ petitioner, was an Officer of the Bihar Government and had retired on 31st May, 1988 while holding the post of Deputy Director of Panchayati Raj. There being some controversy with regard to his not complying an order of transfer...
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Patna
1. This is an appeal, filed by the Department, against an order of the CIT (A), cancelling levy of a penalty under section 271B, amounting to Rs. 84,763.2. The Assessing Officer (A. O.) found that the turnover of the assessee-company was Rs. 1,69,52,507. Since it exceeded Rs. 40 lacs, there was a mandatory requirement to obtain an Audit Report, as prescribed under section 44AB of the Income-tax Act, 1961. In absence of such a report, a notice was issued to show cause why penalty should not be levied under section 271B of the Act, The assessee replied that as per section 619 (2) of the Companies Act, the Auditor was to be appointed by the Comptroller date or reply, i.e., 13-5-1991. The assessee was, therefore, prevented by sufficient and reasonable cause for not furnishing the Audit Report under section 44AB of the Act. It was stated that a similar penalty, imposed in the case of Bihar State Food & Civil Supply Corporation for Assessment Year (A. Y.) 1985-86, was deleted by the CIT...
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Reported in : 2009(57)BLJR2227
ORDERRamesh Kumar Datta, J. 1. The petitioner seeks the intervention of this Court by issuing a writ/order/direction in the nature of certiorari for quashing the order dated 26.3.2008 passed by the Chairman, Rajya Sabha in exercise of powers conferred by para-6 of the Tenth Schedule to the Constitution by which he has disqualified the petitioner in terms of para-2(1)(a) of the Tenth Schedule to the Constitution of India and for further consequential reliefs and directions.2. The petitioner was elected to the Rajya Sabha by the Legislative Assembly of the State of Bihar in 2004 as a candidate of the Bhartiya Janata Party (BJP) which is a recognized political party and also the main opposition party in the Rajya Sabha. On 22.12.2005, the respondent No. 5, Smt. Sushma Swaraj, the Deputy Leader, BJP Parliamentary Group in the Rajya Sabha filed a petition under Rule 6 of the Members of Rajya Sabha (Disqualification on the Ground of Defection) Rules, 1985 for disqualifying the petitioner und...
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