Patna Court November 1993 Judgments
Div. Engg. Telegraphs Vs. Dr. Alok Kumar Singh
Court: Bihar State Consumer Disputes Redressal Commission SCDRC Patna
Decided on: Nov-30-1993
B.N. Sinha, President: 1. This appeal is directed against order dated 19th June, 1992 passed by the District Forum, Saran at Chapra in Complaint case No. 185 of 1991 in which the appellant here was the opposite party and the respondent here was the complainant before the District Forum. 2. The facts of the case leading to this appeal may be briefly stated. The complainant filed a case before the District Forum at Chapra alleging that he was given telephone connection in August, 1988 by the opposite party and the telephone number was 2907; that thereafter the opposite party had sent inflated bills against which he filed complaints by sending letters but the department never paid any heed to them; that he paid the inflated bills by depositing the amount to save his telephone connection from being disconnected but the opposite party continued sending inflated bills which he was not in a position to pay and ultimately he has alleged that his telephone connection was disconnected in the las...
Tag this Judgment!Mina Devi Vs. State of Bihar
Court: Patna
Decided on: Nov-25-1993
Nagendra Rai, J.1. The second party in a proceeding under Section 145 of the Code of Criminal Procedure has challenged the order dated 9th June, 1993 passed by the Additional Sessions Judge, Buxar, in Cr. Revision i o. 308/89, by which he has allowed the criminal revision petition filed by the first party and set aside the order dated 16-5-1989, passed by the Executive Magistrate in Case No. 498(M)/160, Tr. No. 227/82, declaring the possession of the petitioner over the Mill situated at Mauza Parana, Bhojpur.2. The facts leading to the filing of the present application are that on the basis of the police report, a proceeding under Section 144 of the Code of Criminal Procedure (hereinafter referred to as 'the Code') was started by the Sub-divisional Magistrate, Bhojpur, against opposite-party No. 2, who was arrayed as first party and the petitioner and his mother who were arrayed as second party. Both parties appeared and filed their respective show cause and. thereafter, the learned M...
Tag this Judgment!Arun Dutt Vs. Upendra Kumar Singh and ors.
Court: Patna
Decided on: Nov-12-1993
B.K. Roy, J.1. The sole defendant of a suit filed by the plaintiff Opposite Parties No. 1 to 6 for specific performance of contract, assails validity of an order dated the 10th June, 1993, of Shri B. P. Kashyap, Subordinate, Judge-1, Gaya, In Title Suit No. 160 of 1992, rejecting his prayer to stay further proceedings of the suit till completion of the investigation by the Deputy Commissioner of Police, Detective Department (Fraud Section) Lal Bazar, Calcutta, in regard to his allegation of fraud on him and the forgery of the deed of Baibeyana (agreement of sale) dated 15-1-1991, on which the suit was filed, on his complaint before the Sub-Divisional Judicial Magistrate at Alipore, 24 Parganas (South), West Bengal.2. The Court below has rejected the prayer holding that the Code of Civil Procedure (herinafter referred to as 'the Code' does not provide any provision to stay proceedings in a Civil Suit, if a criminal proceeding is pending outside the State and that the pendency of a crim...
Tag this Judgment!Commissioner of Income-tax Vs. Smt. Kamla Devi Rathi.
Court: Patna
Decided on: Nov-11-1993
S. B. SINHA J. - This reference has been made to this court under section 256(2) of the Income-tax Act, 1961, for answering the following questions :"(1) Whether, on the facts and in the circumstances of the case, the Tribunal was right in holding that the law applicable is the law as it stood on the date of filing of the return and not on the date of passing the penalty order and satisfaction about the concealment of income for the purpose of imposing penalty ?(2) Whether, on the facts and in the circumstances of the case, the Tribunal was justified in directing calculation of penalty on the basis of income of Rs. 23,173 when the quantum matter is pending to be decided by the High Court ?"The fact of the matter lies in a very narrow compass.The assessee is an individual. He filed a return showing an income of Rs. 7,798, but in the assessment proceeding he was assessed at Rs. 1,02,398. The order of assessment was set aside by the appellate court and the Income-tax Officer wa...
Tag this Judgment!Commissioner of Income-tax Vs. Smt. Kamla Devi Rathi
Court: Patna
Decided on: Nov-11-1993
S.B. Sinha, J. 1. This reference has been made to this court under Section 256(2) of the Income-tax Act, 1961, for answering the following questions : ' (1) Whether, on the facts and in the circumstances of the case, the Tribunal was right in holding that the law applicable is the law as it stood on the date of filing of the return and not on the date of passing the penalty order and satisfaction about the concealment of income for the purpose of imposing penalty ? (2) Whether, on the facts and in the circumstances of the case, the Tribunal was justified in directing calculation of penalty on the basis of income of Rs. 25,173 when the quantum matter is pending to be decided by the High Court ?' 2. The fact of the matter lies in a very narrow compass. 3. The assessce is an individual. He filed a return showing an income of Rs. 7,798, but in the assessment proceeding he was assessed at Rs. 1,02,398. The order of assessment was set aside by the appellate court and the Income-tax Office...
Tag this Judgment!Amalgamated Drugs and Pharmaceuticals Private Limited and anr. Vs. Sta ...
Court: Patna
Decided on: Nov-09-1993
Aftab Alam, J. 1. Petitioner No. 1 in this application is an industrial consumer of electrical energy; it gets supply from the Bihar State Electricity Board ('the Board', for short) in terms of the High Tension Agreement, in the statutory form, which the petitioner had been obliged to execute as a pre-condition forgetting its electrical connection. In this application it questions the right of the Board to demand the minimum guaranteed charges in terms of Clause 4 of the agreement and seeks an appropriate writ or direction quashing the annual minimum guarantee bills as contained in Annexure 3 series. It also seeks quashing of the disconnection notice, dated 12-11-1984, a photo copy of which is to be found at Annexure-5, served on it for non-payment of the minimum guarantee bills. 2. This is an application of the year, 1986; it has been awaiting hearing by this Court for the past seven years. In the mean while, in several other cases, this Court and the Supreme Court have had occasio...
Tag this Judgment!Amalgamated Drugs and Pharmaceuticals Pvt. Ltd. and anr. Vs. State of ...
Court: Patna
Decided on: Nov-09-1993
Aftab Alam, J.1. Petitioner No. 1 in this application is an industrial consumer of electrical energy; it gets its supply from the Bihar State Electricity Board ('the Board', for short) in terms of the High Tension Agreement, in the statutory from, which the petitioner had been obliged to execute as a pre-condition for getting its electrical connection. In this application it questions the right of the Board to demand the minimum guaranteed charges in terms of Clause 4 of the agreement and seeks an appropriate writ or direction quashing the annual minimum guarantee bills as contained in Annexure-3 series. It also seeks quashing of the disconnection notice, dated 12.11.1984, a photo copy of which is to be found at Annexure-5, served on it for non payment of the minimum guarantee bills.2. This is an application of the year, 1986; it has been awaiting hearing by this Court for the past seven years. In the mean while, in several other cases, this Court and the Supreme Court have had occasi...
Tag this Judgment!Deena Nath Rai and ors. Vs. Haridwar Rai and ors.
Court: Patna
Decided on: Nov-09-1993
B.K. Roy, J.1. The petitioners assail validity of the order dated 12th August, 1988 passed by the Additional Munsif, Buxar, in Misc. Case No, 18 of 1986 rejecting their application filed to review the order dated 28-7-86 by which their prayer to restore back Misc. Case No. 5 of 1985 filed by them for restoration of their title Suit No. 16 of 1979 which was dismissed for default on 30th August, 1985, was rejected.2. The relevant facts are in narrow compass. 30-8-1985 was the date fixed for filing the written statement of the defendants-opposite parties. As the Plaintiff No. 1-Petitioner No, 1 fell ill and other plaintiffs do not live in the village rather mostly reside out station in connection with their livelihood, pairvi could not be done on 30-8-1985. The suit, however, was dismissed for non-prosecution. On 21-9-1985 the petitioners filed an application which was registered as Misc. Case No. 5 of 1985 for restoration of the suit, The petitioners filed a medical certificate (Marked ...
Tag this Judgment!Divl. Engg. Telegraph, Katihar Vs. Anil Chamariya
Court: Bihar State Consumer Disputes Redressal Commission SCDRC Patna
Decided on: Nov-05-1993
B.N. Sinha, President: 1. The learned Counsels for the appellant as well as the respondent are present. They were heard. The appeal has been filed against the order dated 11-11-92 passed by the District Forum, Katihar in Complaint Case No. 74 of 1992. The appellant before this Commission was the opposite party and the respondent here was the complainant before the District Forum. 2. The details facts of the case need not be mentioned as the case is being disposed of on a very short point of law. 3. The case is filed before the District Forum, Katihar that some of the bills sent to the complainant were excessive and inflated. On being noticed, the other side, opposite party, appeared and filed counter version. The case was decided on the basis of the allegations made by the complainant in his complaint petition and the averments made by the opposite party in the written version. No evidence was adduced by them in support of their respective case. Sec. 13(2) of the Consumer Protection Ac...
Tag this Judgment!Kamla Singh and ors. Vs. Dev Nath Singh and anr.
Court: Patna
Decided on: Nov-04-1993
B.K. Roy, J.1. After further arguments in regard to the hearing of the petition at Flag 'P', Mr. Shashi Shekhar Dwivedi, learned Counsel appearing on behalf of the appellants, Mr. S.C. Ghose, learned Counsel appearing on behalf the plaintiff Respondent No. 1, Mr. Krishna Behari, learned Counsel appearing on behalf of Respondent No. 2 herein and Mr. Kamal Nayan Choubey, learned Counsel appearing on behalf of the Intervenors, who claim to have purchased the properties before instiution of suit in question, agree as follows:(i) The plaintiff-Respondent No. 1, who has been appointed Receiver of the entire suit properties by the order dated 26-2-1993 of this Court shall continue to act as Receiver of the properties described in the suit except those which are standing in the name of the ladies and which, according to the intervenors before this Court, were purchased by them before the institution of the suit.(ii) The plaintiff will keep accounts in regard to the management of the suit prop...
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