Judgment Search Results Home > Cases Phrase: railway claims tribunal act 1987 chapter 1 preliminary Sorted by: old Court: patna Page 3 of about 317 results (0.205 seconds)

Ranjit Prasad Sinha Vs. State of Bihar and anr.

Court : Patna

..... writ, direction, or orders to the respondents to consider the case of petitioner for retrospective promotion to the rank of additional district and sessions judges, a claim accuring to the petitioner since 6th of october, 1976 when by notification of respondent no. 1 six additional district judges were appointed and also thereafter when ..... learned counsel appearing for respondent no. 2, at the outset submitted that the earlier writ application having been dismissed by this court, rejecting the petitioner's claim, the instant writ application is barred on account of res judicata/contructive res judicata and is liable to be dismissed as not maintainable on that account. he ..... provisions made by or under any law for the time being force ;(b) (i) railway servant as defined in section 3 of the indian rail ways act. 189o ;(ii) persons holding posts in the railway board who are subject to the railway services (classification, control and appeal) rules ; and(iii) other persons holding posts under .....

Ramesh Singh and anr. Vs. Chinta Devi and ors.

Court : Patna

..... 1987 pending before the parliament which relate to the liability without fault in certain cases, insurance of motor vehicles against third party risks and claims tribunals. these were taken into consideration enacting 1988 act. (iii) in the case of motor owners' insurance company limited v. jadavji keshavji modi, (1981) 4 supreme court cases 660 ..... accidents'. section 164 confers 'power of central government to make rules'. chapter xiii deals with 'claims tribunal'. it consists of sections 165 to 176. section 165 (which corresponds to old section 110) refers to claims tribunal constituted under the act. section 166 (which replaces old section 110-a) deals with 'application for compensation'. section ..... 1992 sc 195. (iii) a view which advances the cause of justice should be preferred to one which defeats it. a. a. haja muniuddin v. indian railways, (1992) 4 scc 736 : (air 1993 sc361) (at page 741). (iv) the mechanical approach to construction is altogether out of step with the modern .....

Sone Vanaspati Vs. State of Bihar and ors.

Court : Patna

..... in general their original rights inter se are modified only for so long as is equitable, and the represent or may revert to the status quo, claiming on the original basis in respect of obligations falling due thereafter either by giving sufficient notice, or by restoring the representee to a relative position equivalent to ..... plea of promissory estoppel should not be extended to such areas.though executive necessity is not always a good defence, this doctrine cannot be extended to legislative acts or to acts prohibited by the statute.26. in this case, therefore, the principles of estoppel by conduct cannot be invoked in view of the provisions contained in sub ..... cannot add thereto or substract any clause therefrom.19. further the commercial taxes authorities while dealing with an assessment or other proceedings under the bihar finance act. 1981 act as statutory authorities and thus they are bound by the terms thereof.thus unless a notification under sub-section (3) of section 7 is issued or .....

Sidhnath Bharti (Objector) Vs. Jai Narayan Bharti

Court : Patna

..... as defined under the code while considering the question with regard to payment of court fee under the provisions of the court-fees act against the decision given by the tribunal under the provisions of the displaced person debts adjustment act. it was held that under the definition of 'decree' under section 2(2) of the civil procedure code, three essential conditions are necessary - (1 ..... the details, as mentioned therein. section 280 of the act provides with regard to verification of petition for probate or letters of administration. sub-section (1)(c) of section 282 empowers the district judge to issue citations calling upon all persons claiming to have any interest in the estate of the deceased to come and see the proceeding after issuance of citations .....

Patna Branch Accountant General Office Housing Cooperative Society Ltd ...

Court : Patna

..... was given to the petitioner-society its membership swelled beyond 500 and lands were sold at exorbitant rates. it was stated that the petitioner-society has claimed in the writ application that if the lands in question were not released it would run short of land and will not be able to allot plots ..... to weaker sections of the society shall become homeless, it would be perfectly justified in passing an order withdrawing from the acquisition under section 48 of the act. the respondent nos. 14 to 16, also belonged to backward class and, therefore, come within the ambit of aforesaid executive instruction.these respondents have also pointed ..... acres consisting of several plots situate in mohalla-sheikhpura in the district of patna, which was earlier notified for acquisition under the provisions of the land acquisition act. the acquisition was made for the benefit of the petitioner-society for providing building sites to its members. by the impugned notification the government has withdrawn .....

Tata Engineering and Locomotive Co. Ltd. Vs. Union of India (Uoi)

Court : Patna

..... was dismissed.9. the revenue, thereafter, filed an application before this court under section 35g(3) of the central excises and salt act (hereinafter referred to as the 'act') for a direction to the tribunal to refer the question of law which arose out of the aforesaid appellate order. this court by order dated 11-2-1994 held ..... the petitioners, on the other hand, submits that in this petition the petitioners seek to raise an issue on which there are conflict of decisions of the tribunal which need settlement at the higher level. besides the present writ application having been already admitted and pending for final hearing, the question of existence of alternative ..... vehicles. accordingly, the learned counsel submits that the said tool kits were inputs within the meaning of rule 57a of the rules and the petitioners were entitle to claim itself in respect of duty paid on such inputs.16. mr. trivedi, learned counsel appearing for the respondents submitted that the word 'used in or in relation .....

Commissioner of Wealth-tax, Bihar-i, Patna Vs. Jagdish Prasad Choudhar ...

Court : Patna

..... act, 1957 on the ground that no reasonable opportunity of being heard was given by the successor wealth-tax officer before passing ..... question which has been referred to this court under section 27(1) of the wealth-tax act, 1957 (hereinafter referred to as the saidact) is set out below :-- 'whether on the facts and in the circumstances of the case, the tribunal was justified in cancelling the penalties imposed under section 18(1)(a) of the wealth-tax ..... 1)(b), 18(2) and 39 of the said act. for the proper appreciation of the points involved, those sections of the said act are setout below:-- '18.(1) if the wealth-tax officer, appellate assistant commissioner, commissioner or appellate tribunal in the course of any proceedings under this act is satisfied that any person --(a) has without reasonable .....

Secretary, Bihar State Electrical Supply Workers' Union and Ors. Vs. P ...

Court : Patna

..... , promotion, transfer and suspension by its order dated august 21, 1988. 3. being aggrieved by the aforesaid order, board moved the industrial tribunal, an appellate authority constituted under the aforesaid act. it appears that when the appeal was pending, a compromise was entered into between the petitioner union and the board. they filed separate applications ..... clauses 1 & 2 of the central rules, it is urged that this rule obviously apply la industrial establishments under the control of the central government or railway administration or in a major port, mine or oilfield and so the appellate court has committed an apparent error by relying on provisions of rule 10-a ..... sub. rule (2) of rule 1, which, inter alia, contemplates that the rules extend to industrial establishments under the control of the central government or a railway administration or in a major port, mine or oilfield. but in my view the finding of the appellate court cannot be interfered with only for this reason. .....

industrial Packers and Co. Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Patna

Reported in : (1995)52ITD1(Pat.)

..... enforced by the anomalous consequences that may follow from adopting the order. the interpretation placed on section 41(1) of the act by the tribunal appears to me to be so hypertechnical that it rises to the point of being patently erroneous. a provision of law which ..... is rejected.15. the assessee is also aggrieved by certain disallowances out of expenses sustained by the cit(a) as under :----------------------------------------------------------------------------------head of expenses amount claimed amount dis- amount con- allowed by firmed by----------------------------------------------------------------------------------travelling & rs. 43,000 rs. 3,000 rs. 1,500conveyance& donations rs. 1,788 ..... to provident fund, employees' state insurance scheme, for long periods of time. for the purpose of their income-tax assessments, they nonetheless claim the liability as deduction even as they take resort to legal action, thus depriving the government of its dues while enjoying the benefit of .....

Nishant Housing Development (P.) Vs. Assistant Commissioner of

Court : Income Tax Appellate Tribunal ITAT Patna

Reported in : (1995)52ITD103(Pat.)

..... items in the books. simply because the valuation report of the valuation cell was of a higher amount, the books could not be said to be unreliable. the tribunal was, therefore, justified in deleting the addition. relevant extract at page 971 :- we have considered the matter. in respect of the investment which is made in ..... to deal with them first. the assessee is a builder and had maintained regular books of account which were closed and adjusted and were also audited.it was claimed that all expenditure incurred on the construction of the two buildings - surya apartment and vaibhav apartment, had been entered in the account books. the first question ..... order for the sake of convenience.2. the dispute in these appeals relates to additions made by the assessing officer under section 69 of the income-tax act, 1961 as unexplained investments in construction of two multi-storeyed buildings called surya apartment and vaibhav apartment. the construction was carried out between assessment years 1984- .....