Patna Court January 1993 Judgments
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Bihar State Housing Board Vs. State of Bihar and ors.
Court: Patna
Decided on: Jan-19-1993
S.B. Sinha, J. 1. In this application the petitioner has prayed for issuance of a writ of certiorari for quashing the order passed by the Additional District Judge, 1st Court Gaya whereby he enhanced the amount of compensation in Land Acquisition Case No. 7 of 1983 as also for a writ of or in the nature of mandamus directing the respondent No. 4 to reopen the proceeding and determine the amount of compensation after giving an opportunity of hearing to the petitioner. 2. The petitioner is a body-corporate established in terms of Section 3 of the Bihar State Housing Act, 1982 and thus is a State within the meaning of Article 12 of the Constitution of India. 3. The State of Bihar, allegedly at the instance of the petitioner issued a notification under Section 4 of the Land Acquisition Act (hereinafter referred to as 'the said Act'). On 5-12-1974 declaring its intention to acquire a large tract of land situated at village Mustafabad in the district of Gaya. A declaration under Section 6...
Kalyanpur Lime and Cement Works Ltd. Vs. Labour Court and ors.
Court: Patna
Decided on: Jan-13-1993
Aftab Alam, J. 1. This application under Articles 226 and 227 of the Constitution of India has been filed challenging an order dated November 7, 1981, passed by the Presiding Officer, Labour Court, Patna, in Reference No. 18 of 1977. By the impugned order, the Labour Court refused to accept a settlement, said to have been arrived at between the union (respondent No. 2) and the management (the petitioner) and directed that he would proceed to adjudicate on the dispute under reference on its merits. It is to be noted at the outset that the reference relates to the removal from service of an individual workman, respondent No. 3. 2. The facts of this case are brief and not in dispute; it is another matter that those facts are being interpreted differently by the contending parties. 3. Respondent No.3 (hereinafter referred to as 'the concerned workman') was a workman of the petitioner-company. He was removed from employment by notice dated November 24, 1975, a copy of which has been enc...
Ram Kishun Mahto and anr. Vs. Additional Member, Board of Revenue, Gov ...
Court: Patna
Decided on: Jan-12-1993
S.B. Sinha, J. 1. Both these applications involving common questions of law and fact were heard together and are being disposed of by this common judgment. 2. For the purpose of disposal of the case, the representative matrix of facts is being noticed from C.W.J.C. No. 946/1979. 3. Admittedly, respondents Nos. 7 to 9 were the original owners of the land. On 24-1-1976 the respondents Nos. 7 to 9 executed a deed of sale in favour of respondent No. 6 which was also registered on that date. However, registration of the said deed in terms of Section 61 of the Registration Act was done on 16-2-1976. On 9-3-1976 respondent No. 6 executed a registered deed of sale in respect of the land question in favour of the petitioner. 4. The respondents Nos. 4 and 5 filed an application for pre-emption in terms of Section 16 (iii) of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961 (hereinafter referred for the sake of brevity as 'the Act) on 21-3-1976 inter a...
Commissioner of Income-tax Vs. Tata Steel Charitable Trust
Court: Patna
Decided on: Jan-07-1993
G.C. Bharuka, J.1. These references relating to the assessment years 1972-73, 1973-74, 1974-75 and 1975-76 involve a common question of law based on identical facts and, as such, are being disposed of by a common judgment.2. The question of law falling for consideration is as follows : 'Whether, on the facts and in the circumstances of the case, the provisions of Section 13(1)(c) of the Income-tax Act, 1961, are applicable and, therefore, the trust income or any part thereof is not exempted under Section 11(1) of the said Act ?'3. The assessee-trust was created by Messrs. Tata Iron and Steel Company Limited by executing a deed dated March 30, 1966. One of the objects for which the trust was created was to utilise the income earned by it for charitable purposes in India only by giving relief to the poor, education, medical relief and advancement of any other object of general public utility not involving the carrying on of any activity for profit. The assessee claimed exemption in resp...
Commissioner of Wealth-tax Vs. Kishorilal Agrawal
Court: Patna
Decided on: Jan-07-1993
G.C. Bharuka, J. 1. In this reference made under Section 27(1) of the Wealth-tax Act, 1957 (in short, 'the Act' hereinafter), relating to the assessment year 1975-76, the following question of law has been referred by the Tribunal for the opinion of this court : 'Whether, on the facts and in the circumstances of the case, the Tribunal was correct in holding that the firm, Messrs. Agiwal and Company, in which the assessee was a partner was an industrial undertaking within the meaning of Section 5(1)(xxxii) of the Wealth-tax Act, 1957 ?' 2. The assessee is a partner in a firm, Messrs. Agiwal and Company. The said firm acts as a civil contractor engaged in construction of roads, buildings and drains. The assessee claimed exemption under Section 5(1)(xxxii) of the Act of the value of interest in the assets of the firm on the ground that the entire assets of the firm formed part of an industrialundertaking belonging to the firm. The value of the assessee's interest in the assets of the fi...
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