Court : Jharkhand
Decided on : Feb-25-2015
..... no.2 in her deposition in the court below has admitted that she cannot adduce any document regarding the income of the petitioner from the computer institute, neither can she say whether the petitioner is an income tax payee. that it is evident from the salary statement obtained from the jharkhand sarb siksha abhiyan, that the ..... for her to reside separately.6. as far as the quantum of maintenance amount is concerned as noticed, no evidence has been brought on record about the income of rs. 20,000/- by the petitioner from the computer institute. it is admitted as per the salary slip that the petitioner is drawing salary of rs ..... got the job on contractual basis later on the fact regarding closure of computer institute has not been appreciated by the court below which has assessed the income of rs. 20,000/- per month from the computer institute on the basis of statement of o.p/wife.5. the plea has been taken ..... mr. k.p. deo, learned counsel for the petitioner has contended that the trial court has fixed the quantum of maintenance without adjudicating the issue regarding the income of the petitioner. that the court below on the basis of conjecture has held that the petitioner is earning rs.20,000/- by running a computer institute ..... keep his wife i.e. o.p. no.2 and he had filed a suit for restitution of conjugal rights under section 9 of the hindu marriage act, 1955 and suggestion was also given to o.p. no.2 in cross-examination but she has refused to reside with the petitioner. that in fact .....Tag this Judgment!
Court : Jharkhand
Decided on : Feb-09-2015
..... and also looking to the order passed by the hon'ble high court of kerala at ernakulam, the operation, implementation and execution of notice issued under section 234e of the income tax act, 1961 may kindly be stayed. it is further argued by the counsels for the petitioners that discrimination has been caused by government of india, ministry of finance, department of revenue ..... d.n. patel, j :1. rule.2. counsels appearing for the respondents waive notice of rule.3. counsels appearing for the petitioners submitted that vires of section 234e of the income tax act, 1961 is under challenge in these writ petitions. the matters have been argued, at length, by the counsels for the petitioners and it has been submitted that section 234e as ..... well as section 271h have been incorporated by way of finance act, 2012 in the income tax act, 1961. there is a provision under section 271h regarding penalty for not furnishing the statement for the tax deductible or receivable, the minimum penalty is rs. 10,000/- and the maximum is rs. 1 lakh. for the very ..... is prescribed in this circular and thus its classification is also not fulfilling two tests of article 14 of the constitution of india.4. having heard the counsels for the income tax department and also the counsels for the petitioners, notice upon attorney general of india.5. notice upon attorney general of india is waived by assistant solicitor general of india, who .....Tag this Judgment!
Court : Jharkhand
Decided on : Feb-06-2015
..... restriction in movement and storage limits. in the case of g.l. didwania and another v. income tax officer 3. and another reported in 1995 supp (2) scc724 the matter related to assessment under the income tax act for which a criminal proceeding was also instituted and the appellate tribunal having set aside the assessment, the ..... noted above, the assessing authority held that the appellant-assessee made a false statement in respect of income of m/s young india and transport company and that finding has been set aside by the income tax appellate tribunal. if that is the position then we are unable to see as to how criminal ..... for the offences punishable u/s 406, 409, 420, 411 and 120b of the indian penal code as also section 7/8 of the essential commodities act (e.c. act) has been taken, is quashed so far as the petitioner is concerned. (rongon mukhopadhyay, j) dated the 6 th , february, 2015 jharkhand high court ..... charge-sheet u/s 406, 409, 420, 411 and 120b of the indian penal code as also under section 7/8 of the essential commodities act (e.c. act) and thereafter the learned chief judicial magistrate, chaibasa was pleased to take cognizance for the offence punishable u/ s 406, 409, 420, 411 and ..... the offences punishable u/s 406, 409, 420, 411 and 120b of the indian penal code as also section 7/8 of the essential commodities act (e.c. act) has been taken. the prosecution story arises out of a first information report (f.i.r.) instituted by the block supply inspector incharge, sadar, .....Tag this Judgment!
Court : Jharkhand
Decided on : Apr-01-2015
..... 2015 has been passed in gross violation of the rules of natural justice. relying on a decision in sahara india (firm), lucknow vs. commissioner of income tax, central i and another , reported in (2008) 14 scc 151, the learned counsel for the petitioner submits that even in cases where there is ..... to 6 determine the civil liability however, the special court assumes jurisdiction under sub section (5) and (6) of section 154 of the act only after conclusion of the criminal case and it is only at the stage, after conclusion of the criminal case, when the special court proceeds ..... procedure has been prescribed under sub section (5) and (6) of section 154 whereunder, the special court constituted under section 153 of the act determines the civil liability. it is submitted that the petitioner has not pleaded prejudice caused to it by non supply of inspection report. the inspection ..... counsel for the respondent jharkhand urja vikas nigam limited submits that the provisions under section 126 and under section 135 (1 a) of the electricity act, 2003 are different and distinct and therefore, the contention raised on behalf of the petitioner that even though criminal case has been lodged, the ..... , advocate mr. amarendra pradhan , advocate 04/01.04.2015 assailing order dated 12.03.2015 passed under section 135(1 a) of the electricity act, 2003 on the ground that without supplying a copy of inspection report and without affording an opportunity to raise objection, the learned counsel for the petitioner .....Tag this Judgment!
Court : Jharkhand
Decided on : Feb-12-2015
..... originated & debit entry on 9.7.91 for rs. 6,000/- on patna main branch quoting an imaginary number of income tax refund orders nos. 063350 & 063351 and proceeds of the said imaginary income tax refund orders were -5- remitted through two bank drafts bearing nos. 0633592 and 0633593 both dated 09.07.91 for rs ..... manipulated in the earlier nscs, he has also manipulated the debit vouchers. this action of the petitioner shows that he has not acted with utmost honesty rather from the action of the petitioner it shows intent of fraud and cheating.17. the contention of the petitioner that there ..... in case of non-payment of amount the collateral security may be liquidated and public money may be secured. -7- 16. the petitioner has acted without following the due procedure and advanced the loan without placing the nscs from the concerned post office. it is not the least rather petitioner has ..... every officer of the bank. the very discipline of an employee like a bank depends upon each of its officers and officers acting and operating within their allotted sphere. acting beyond one s authority indicates towards a breach of discipline and is misconduct. the allegation against the petitioner is of not ..... my view the findings given by the disciplinary authority are based on adequate material related not only to the negligence but also acts of dishonesty and fraud.28. thus, i find not merit in the writ petition. hence the same is hereby dismissed. (sujit narayan prasad, j .....Tag this Judgment!
Court : Jharkhand
Decided on : Feb-11-2015
..... d.w. & s.d., jharkhand/other state or central government pertaining to respective water supply nodal dept; up to date latest income tax clearance certificate/pan card, sales tax clearance certificate. 1.12.4 cost of boq112.5 turn over ceertificate. 1.12.6 credentials on satisfactory performance of contracts completed in ..... conditions of the tender. it is in the public 23 interest that the government adheres to the conditions of the contract and does not act in breach of the same. the submission that in cases where a single bid is found acceptable, work under the tender cannot be awarded ..... exercise of jurisdiction under article 226 of the constitution of india would not interfere with the decision of the administrative authority, as the high court does not act as an appellate authority. relying on decision in new horizons ltd. & anr v. union of india & ors. reported in (1995) 1 scc ..... financial bid of only technically eligible bidders, (iv) further an appropriate writ or writs order or direction commanding upon the respondents to restrain from acting in any manner and in furtherance of the said award of contract to the respondent no. 4 in respect of tender no. o&m/dwss ..... arbitrary, unjustified, contrary to the tender conditions and constitutional; (iii) further an appropriate writ or writs order or direction commanding upon the respondents to act in a fair, equitable, legal manner and in accordance with the tender conditions in respect of tender no. o&m/dwss/dhanbad 02/2013 14 and .....Tag this Judgment!