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Judgment Search Results Home > Cases Phrase: railway claims tribunal act 1987 chapter 1 preliminary Sorted by: old Court: patna Page 17 of about 317 results (0.327 seconds)

Apr 20 1999 (TRI)

Mohd. Alam Vs. Union of India (Uoi) and ors.

Court : Central Administrative Tribunal CAT Patna

1. this is an application under section 19 of the a.t. act, 1985, praying to absorb the applicant on work as time scale workman under the respondent railways (n.e. railways), and also to quash the order, dated 2nd april, 1994, passed by respondent no. 4, whereby, an approval to re-engage the applicant was sought for from respondent ..... as noticed in preceding paragraph, the applicant has contended, inter-alia, that he was entitled to re-engagement and also for regularisation in time-scale. in support of his claim, much emphasis was put by and on behalf of the applicant that pursuant to the direction given by the hon' ble supreme court in their order, dated 23rd february ..... reason that the applicant had neither completed 360 days of working, which was one of the foremost condition for entitlement and further, that as per the said scheme, the claim had to be put forward prior to cut-off date i.e. 31st december, 1987. none of these conditions could be fulfilled by the applicani and, therefore, it .....

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May 06 1999 (HC)

D. N. Kamani (Huf) Vs. Deputy Commissioner of Income Tax

Court : Patna

..... the finance ministry wherein a notorious practice of payment of black money in real estate transaction in metropolitan city of bombay was discussed, was deleted by the tribunal treating the addition being on hear say evidence.7.11 another question that needs consideration is whether the undisclosed income could be estimated on account of 'on ..... was contended that the presumption made that all the entries in the said document relate to the sale of 1 fats is not correct. it was rather claimed that the document did not relate to the purchase of the said flat. moreover, the assessing officer had examined certain buyers during the course of regular assessment ..... during the course of regular assessment proceedings for the assessment year 1992-93 examined the flat buyers under the provisions of section 131 of the income tax act but no incriminating material came on record from their cross-examination. further, during the course of block assessment proceedings also the assessing officer again made an .....

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May 06 1999 (TRI)

D. N. Kamani (Huf) Vs. Deputy Commissioner of

Court : Income Tax Appellate Tribunal ITAT Patna

Reported in : (1999)70ITD77(Pat.)

..... in the case of smt. gita rani mondal (supra) disapproved the completion of assessment under s. 158bc of the act by disallowing the claim of the expenditure of the assessee under s.40a(3) of the act. the tribunal, mumbai bench also in the case of sunder agencies (supra) in view of the facts and circumstances of the ..... in particular, in view of the provisions of chapter xiv of the act. provisions of chapter xiv do not contemplate assessments on account of presumption .or estimate or by disallowing statutory claims. the undisclosed income may not be something presumed.in fact, patna bench of this tribunal in the case of rishabh marketing (p) ltd. (supra) on ..... the facts and circumstances of the case disapprove the assessment completed under s. 158bc of the act on estimate basis on account of breakage .....

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May 07 1999 (HC)

Manoj Kumar Gautam @ Manoj Singh and ors. Vs. State of Bihar

Court : Patna

..... then he was taken away and was given blows with butt of the gun and subsequently, after they killed bholi singh, he was released and he returned. he also claimed identification of accused persons, including the appellants. according to him, he identified the culprits in the light created by fire in the house and the torches lighted by culprits ..... . the other twelve accused persons were convicted by the learned trial court under sections 148, 436, 303/149 and 120b, i.p.c. and also under section 27, arms act. however, two of the convicts, namely, manoj singh and hirdaya singh were sentenced to death under section 302, i.p.c. while other ten accused, namely, chandra behari ..... under various sections of the indian penal code, i.e., sections 148, 149, 302, 436 and 120b, i.p.c. and also under section 27 of the arms act. the learned trial court, after considering the evidence on the record, come to the conclusion that the prosecution had not proved the case against three of the accused, namely, .....

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May 17 1999 (HC)

Employers in Relation to Management of Sudamdih Colliery of Bccl Vs. P ...

Court : Patna

..... clearing mazdoors is justified? if not, to what relief are the workmen entitled?'as the controversy involved in both the cases was the same, the tribunal heard them analogously and answered the references in favour of the workmen declaring them to be the workmen of the principal employer, namely, the management of ..... neither registered nor was the so-called contractor having any licence under the contract labour (regulation & abolition) act, 1970 (hereinafter referred to as the act) and they are in fact the workmen of the management.4. the tribunal recorded the following findings of fact : (i) pumping out water and cleaning of sumps or lodgment ..... sharma j. 1. the central government in exercise of power under section 10 of the industrial disputes act referred the following two disputes for adjudication to the central government industrial tribunal no. 1, dhanbad (hereinafter referred to as the tribunal): '1. reference no. 32 of 1989 dated march 16, 1989:'whether the action of the management .....

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May 19 1999 (HC)

Ardeshir Dalal Memorial Hospital Vs. State of Bihar and ors.

Court : Patna

..... reinstatement with back wages. learned counsel relied upon a decision of this court in the case of management of west bokaro colliery v. presiding officer, central government industrial tribunal, 1997 (2) pljr 275. 8. on the other hand, mr. anil kumar sinha, learned senior counsel appearing on behalf of the workman concerned, firstly ..... manufacturing process. it is stated that since the petitioner-hospital is not an industry, respondent no. 3 is not a workman as defined under the industrial disputes act. further case of the management was that the workman concerned was working as residential medical officer and his condition of the service was governed as per the ..... the hospital whereby services of the petitioner were terminated with immediate effect. the workman then filed an application under section 26 of the bihar shops and establishment act against the petitioner in the labour court, jamshedpur being b.s. case no. 6/81. the petitioner appeared in the said case and raised preliminary .....

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Jun 21 1999 (HC)

Jay Singh Vs. Lal Muni Devi and anr.

Court : Patna

..... finding that the deceased (surendra kumar gupta), died in the motor accident which was due to rash and negligent act of the driver of amit bus bpq 9900. the learned single judge affirmed this finding of the claims tribunal. the vehicle owner did not examine the driver of the bus to explain that the accident did not take ..... ltd. gaya branch. lalmuni devi (respondent no. 1 herein) brought compensation (claim case no. 63 of 1987) under section 110-a of the motor vehicles act, 1939, before the tribunal for compensation on the ground of death of her son surendra prasad gupta. she , claimed compensation to the tune of rs. 6,48,000/-. jay singh by filing written ..... statement resisted the claim petition, contending, inter alia that the death of the deceased .....

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Jul 12 1999 (HC)

Bihar Rajya Shahkarita Prabandhak Sangh and ors. Vs. State of Bihar an ...

Court : Patna

..... learned judges have made the following conclusive remarks in paragraph 36 of the said judgment:we have formulated the various principles which must be taken into account by the tribunal in determining this question but the most dominant of these must always be that of social justice, for that is the ideal which we have resolved to achieve ..... in the matter of pay which is meant to ensure a decent life.28. this court would not have normally interfered if the dispute had been for a claim to a different pay-scale than the one which has been fixed by an expert body like the pay commission, in the matters of fixation of pay-scale ..... the state government employees are also exposed. the petitioners are virtually doing state functions and the co-operative societies are also discharging important state functions and are virtually acting as an 'extended arm of the state'. taking all these facts into account, the mere technical objection that the petitioners are not the state government employees does .....

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Aug 05 1999 (HC)

DulhIn Sundarpati Devi Vs. Ram Surat Koeri and ors.

Court : Patna

..... reported in air 1976 sc 237, a motor accidents claims tribunal under section 1.10 of the motor vehicles act was constituted on 18-3-1967. the accident with regard to which the claim was filed before the tribunal, had occurred on 11-9-1966. prior to the constitution of the tribunal, remedy of suit was available to the claimant. after ..... case, the claimant filed a claim case before the tribunal and an objection was raised as to the ..... constitution of the tribunal, only remedy available was to file a claim under section 110 of the act and the suit was barred. in that .....

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Aug 26 1999 (HC)

Kavita Pigments and Chemicals (Pvt.) Ltd. and ors. Vs. Allahabad Bank ...

Court : Patna

..... to file appeal against an interlocutory order but they have no such right at the present moment since the appellate tribunal is at bombay. such reasoning for interpretation of the said act which is a central act with great respect, does not appear to this court to be persuasive or based on the cardinal principles of ..... has an effective and efficacious alternative remedy, this court gives an opportunity to the petitioner to challenge the impugned order by filing an appeal before the appellate tribunal. 49. it is made absolutely clear that this court has not made any pronouncement onthe merits of the order impugned, namely, the order dated 30-12 ..... quarterly rests. 3. on the said application being filed the petitioners were served with summons and they filed their written statement takingtheir defence to the said claim. it appears that thereafter the parties field their evidence of affidavits, and the petitioners filed a substantive application requesting that the witnesses of the said bank be .....

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