Patna Court February 1993 Judgments

Ajay Kumar Minz Vs. State of Bihar and ors.

Court: Patna

G.C. Bharuka, J. 1. The present writ applications have been filed by the petitioners for quashing of the order dated March 23, 1990 (Annexure-2) by which the respondent Director-General or Police has terminated the appointment of all constables appointed on the basis of selection made between the period October 17, 1989 to October 19, 1989 in the District of Jehanabad. 2. The facts giving rise to the present disputemay first be stated in short. Pursuant to an advertisement made for appointment of constables inthe District of Jehanabad, several persons including the petitioners appeared before a Selection Committee between the period October 17,1989 to October 19, 1989 and after various testsand verifications, on the basis of a panel prepared by the said Committee, 105 persons weredeclared to be fit for appointment. A copy of the selection list has been filed as Annexure-1 to thewrit application. Out of the said 105 persons, 87joined the posts pursuant to appointment lettersreceived b...

Abdul Samad and ors. Vs. State of Bihar and ors.

Court: Patna

S.B. Sinha, J.1. This application is directed against the orders dated 12-9-1990 passed by the respondent No 5 and as contained in Annexure-3, the order dated 2-8-1991 passed by the respondent No. 3 and as contained in Annexure-4 to the writ application as also the order dated 24-9-1992 passed by the respondent No. 2 and as contained in Annexure-5 to the writ application as also the notification dated 18-8-1991, 2. The facts of the matter lie in very narrow compass.Late Mohd. Maqbul Rub, the father of the petitioner executed deed of gift dated 18-4-1963 in favour of the petitioner Nos, 1 to 3 as contained in Annexure-1 to the writ application. He executed another deed of gift dated 24-3-1972 as contained in Annexure-2 to the writ application. Yet by reason of the another deed of gift dated 25-J-1972 he gifted the property mentioned therein in favour of petitioner Nos. I to 4 which is contained in Annexure-2/1 to the writ application, 3. A land Ceiling proceeding was initiated against ...

Mahanth Motilal Goswami Vs. State of Bihar and ors.

Court: Patna

S.B. Sinha, J. 1. The petitioner in this application has sought for issuance of a writ of certiorari for quashing the order dated 31-8-1992 passed by Sri Radha Kant Yadav special officer whereby he removed the petitioner as a trustee of Nosetarh Math. 2. The fact of the matter lies in a very narrow compass, 3. The petitioner is said to be a Chela of Mahant Madhaw Goswami who was the previous Mahanth of the Nosetarh Math. The said Mahanth Madhaw Goswami died in July, 1991. 4. A village committee allegedly in a meeting held on 9-7-1989 in that regard appointed the petitioner as a Mahanth of the said Math. A letter dated 24-9-91 to the aforementioned effect was also sent to the respondent No. 2 which is contained in Annexure-2 to the writ application. 5. The petitioner thereafter was appointed a temporary trustee by the Special Officer in terms of S. 33 of the Bihar Hindu Religious Trust Board Act by an order contained in the letter dated 24-9-1991 as contained in Anne-xure-3 thereof. 6...

Ram Briksh Yadav and anr. Etc. Vs. State of Bihar and ors.

Court: Patna

S.B. Sinha, J. 1. These two writ applications involving common question of fact and law are taken up for hearing together and are being disposed of by this common judgment. 2. These applications are directed against an order dt.8-8-1985 passed by Respondent No. 4, order dt. 9-8-1991 passed by Respondent No. 3 and the resolution dt. 27-7-1992 passed by Respondent No. 2 as contained in Annexures 1, 2 and 4 respectively whereby and whereunder an application for pre-emption filed by Respondent No. 5, Sita Ram Yadav was allowed. 3. The fact of the matter lies in a very narrow compass. 4. Respondents Nos. 9 and 10 purchased the land in question from Respondents Nos. 6 to 8 by reason of a registered deed of sale dt. 16-10-1973. Registration of the said document was completed in terms of Section 61 of the Registration Act on 22-11-1973. On 9-1-1974 Respondents Nos. 9 and 10 executed adeed of sale in favour of petitioners by virtue of two registered deed of sale for a consideration of Rs....

Anant Pd. Sah Alias Anant Kumar Gupta Vs. Devendra Nath Gupta and ors.

Court: Patna

U.P. Singh, J. 1. Both these revision applications are directed against a common order passed by the Subordinate Judge in Title Suit No. 26/91 directing the petitioner to deposit the arrears of rent as also the current rent under Section 15 of the Bihar Building (Lease, Rent and Eviction) Control Act. The defence has also been struck off. 2. Mr. S.C. Ghosh, learned counsel appearing for the petitioner has contended that the suit as such was not maintainable under the Bihar Building Rent Control Act since the leased out property to the petitioner was only a parti land bounded with walls and, therefore, the same would not be covered within the definition of 'building' as defined under Section 2(b) of the Act.3. In order to prove the fact that only the parti land was leased out to the petitioner, reliance was placed on the lease deed itself and the map of the land in question. It was pointed out that only parti land bounded with walls were leased out to the petitioner and, later, the pe...

Prabhawati Devi and anr. Vs. the State of Bihar and ors.

Court: Patna

S.B. Sinha, J. 1. This application is directed against an order dated 26-8-1992 passed by the Collector, Rohtas at Sasaram (Respondent No. 2) whereby and whereunder he dismissed the application filed by the petitioners for re-opening of the case. 2. The fact of the matter lies in a very narrow compass. 3. One Sheojogi Yadav (since deceased) was the land holder. A ceiling proceeding under the provisions of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961 (hereinafter referred to as 'the said Act') being Ceiling Case No. 76 of 1975-76 was initiated against him. Petitioners are his daughters and Respondents Nos. 3 to 5 are his sons. Respondents Nos. 6 and 7 are also his daugthers and Respondent No. 8 is his widow. The said Sheojogi Yadav is said to have been holding 28.91 acres of land and in the aforementioned land ceiling proceeding an area of 4.77 acres of lands were declared surplus in term of the district gazette dated 16-8-1980 issued u...

Regent Cinema Vs. State of Bihar and ors.

Court: Patna

Nagendra Rai, J.1. The petitioner has filed the present writ application for quashing the order dated 7-5-85 passed by the District Magistrate, Patna, in Cr. Misc. Case No. 2/64 by which he had directed the Licensee of the Regent Cinema Hall to pay a fine of Rs. 1, 000 under Section 7(1) of the Bihar Cinema (Regulation) Act, 1954 (hereinafter referred to as 'the Act1).2. The case of the petitioner is that one Sushil Kumar Sinha is the managing partner and the licensee of the. Regent Theatre popularly known as Regent Cinema. On 29-2-1984 M/s Regent Cinema was exhibiting the film 'Inquilab' which was holding 'A' certificate meaning thereby that the film was to be shown/only to adults and not to be minors. At about 8.30 p. m. Shri Yogendra Prasad, Cinema Magistrate, inspected the cinema premises when the film 'Inquilab' was being exhibited and found persons between the age group of 10 to 20 seeing the cinema in the cinema hall. The said persons were arrested under Section 34 of the Polic...

Uttam Lal Yadav and anr. Vs. State of Bihar and anr.

Court: Patna

M.Y. Eqbal, J.1. In this writ application the petitioners have prayed for issuance of appropriate writ in the nature of certiorari for quashing the order dated 27.9.1996 passed by 1st Additional District Judge, Madhipura in Criminal in Criminal Revision No. 64 of 1996 and the order dated 6.6.1995 passed by the Sub-divisional Magistrate, Madhipura in Miscellaneous Case No. 244 of 1996. Learned Sub-divisional Magistrate by the aforesaid order initiated a proceeding under Section 145 of the Code of Criminal Procedure by ignoring the final order passed by him in the earlier proceeding for the same dispute between the same parties.2. The fact of the case lies in a very narrow compass.3. The land in dispute comprised within the plot No. 1283 (old plot No. 1058) measuring an area of 44 decimal of village-Sakhua, Police-Station-Murliganj, District-Madhipura. The land in dispute was recorded in the name of State of Bihar which has been settled to Sri Shardanand Singh in whose name Jamabandi No...

Fourth Income-tax Officer Vs. Karimia Trust

Court: Income Tax Appellate Tribunal ITAT Patna

Reported in: (1993)45ITD63(Pat.)

JUDGMENT ASSESSMENT--Non-compliance with requirement of s. 143(2).Where there is non-compliance of requirement of section 143(2) best judgment assessment is justified even though no fresh notice is given under section 142(1) and 143(2) after filing of return.Mere technical lapse, if it is assumed to be a lapse, of not giving a fresh notice and asking the assessee to produce the books of account, could not be treated as lack of notice subsequent to the filing of the returns of income. The assessing officer has made the assessment ex-parte under section 144 only in the absence of supporting books of account and documents. Therefore, certainly there was non-compliance even with the requirement of section 143(2) requiring the assessee to produce the relevant books of account in support of the returns of income. Even for such non-compliance the assessment could be made under section 144.Charitable trust--EXEMPTION UNDER S. 11--Higher income determined in assessments.Assessee was entitled to...

Fourth Income Tax Officer Vs. Karimia Trust.

Court: Patna

U. S. DHUSIA, J. M. :25th October, 1985.The Revenue is aggrieved at whose instance these four appeals for the asst. yrs. 1969-70, 1970-71, 1971-72 and 1972-73 have been filed. According to the Revenue, the CIT(A) in disposing of the appeal filed by the assessee had made erroneous findings.2. One of the issues raised in all these appeals is regarding the nature of the assessment made by the ITO. The ITO had made the assessments apparently under S. 144. According to the ITO, the assessee had defaulted in producing the books of accounts maintained by him for these years and, therefore, he invoked the provisions contained under S. 144 for making the assessments. According to the assessee, the ITO was misdirected in making the assessments under S. 144. The assessment made under S. 144 was an instance of erroneous finding and the assessment should be considered as having been made only under S. 143(3). The assessee no doubt maintained the books of accounts for the year but at the time when ...