Patna Court February 1993 Judgments

Northern India Seeds Corporation and Seeds India Vs. the State of Biha ...

Court: Patna

S.B. Sinha, J.1. Both these writ applications involving common question of fact and law were taken up for hearing together and are being disposed of by this common judgment.2. The fact of the matter lies in a very narrow compass.3. In these writ applications the petitioners have questioned the orders passed by the District Magistrate, Patna (Respondent No. 4) whereby he directed the Bihar State Co-operative Marketing Union (hereinafter to be referred as 'Biscomaun') not to make any payment for seeds/gram seeds supplied by the petitioner till further orders.4. The said orders are contained in Annexures-4 and 7 to the afore mentioned writ petitions respectively.5. In or about August, 1984, tender notices were issued for supply of seeds/gram seeds for the Rabi crops for the year 1984-85. On 10-9-1984 the petitioners submitted their tenders and rates for supply of seeds of different qualities were finalised thereafter upon negotiation.6 On or about 30-9-1984 the Deputy Managing Director o...

Ram Keshwar Singh Vs. the State of Bihar and ors.

Court: Patna

S.B. Sinha, J.1. This application was initially directed against the orders dated 25-1-1983 and 31-7-1980 as contained in Annexures-1 and 2 to the writ application whereby and where under the respondent No. 4 was promoted as Headmaster Incharge for a period of seven months and the petitioner was deputed to Akakchi Uchha Vidyalaya, Hazaribagh respectively.2. The petitioner thereafter filed an application for amendment of the writ application questioning an order dated 25-2-1987 which is contained in Annenure-9 thereto whereby and where under the respondent No. 4 was promoted to the post of Headmaster of High School Maheshara Hazaribagh, (hereinafter referred to as the 'School') with effect from 25-1-1983.3. The petitioner claims himself to be the founder Headmaster of the School. According to the petitioner he was appointed as an Assistant Teacher of the said School by the then Managing Committee of the School and was appointed as a Headmaster with effect from 21-1-1968.4. The responde...

Ramchandra Mahaseth Vs. Income-tax Officer

Court: Income Tax Appellate Tribunal ITAT Patna

Reported in: (1993)47ITD22(Pat.)

1. This appeal is directed against the order of the learned DC (A) dated 24-4-1992. While framing the original assessment, the Assessing Officer observed that a term deposit of the State Bank of India, Madhubani dated 26-5-1979 of Rs. 39,300, the document of which was found at the time of search in the assessee's premises, could not be explained. However, in the computation of income he did not include this amount. While giving effect to the appellate order filed by the assessee on other points, the Assessing Officer in his order under Section 251/154 of the Income-tax Act, 1961 included this amount in the income of the assessee. The assessee preferred an appeal against this order.3. The learned DC (A) was of the opinion that when the assessee did not object to the observation of the Assessing Officer in this respect in the appeal originally filed he could not raise objection in this appeal. He relied on the decision of the Hon'ble Patna High Court in the case of Ramanand Singh & ...

Dilip Kumar Rai Vs. Jai Prakash Rai and anr.

Court: Patna

Om Prakash, J.1. On the police report, S.D.O. Sadar, Bhagalpur, initiated a proceeding under Section 144, Cr.P.C. against the two parties. It was converted into one under Section 145, Cr.P.C. by an order dated 19-10-1985. It was transferred to the file of an Executive Magistrate. The learned Executive Magistrate considered the material on record including the documents filed by the 2nd party/opposite parties and declared possession of the 2nd party/opposite parties by an order dated 19-5-1992. Being aggrieved by such order the 1st party/petitioner has filed this criminal revision.2. Learned Counsel for the 1st party/petitioner has argued that the impugned order is illegal as the learned Executive Magistrate has considered the documents filed by the 2nd party/opposite parties which were not formally proved and admitted into evidence which was necessary in view of the provisions of Sub-section (4) of Section 145 of the Code of Criminal Procedure of 1973 (Act 2 of 1974). He has relied on...

Srimati Tapeshwari Devi and ors. Vs. State of Bihar and ors.

Court: Patna

1. In this application the petitioners have prayed for issuance of an appropriate writ for quashing the notification, as contained in Annexure 1 to the writ application. 2. The fact of the matter lies in a very narrow compass. Sheo Bachan Bhagat was the original owner of the property. We had gifted 3.12 1/2 and 4.66 acres of land to the petitioners Nos. 4 and 5 respectively vide registered deed of gift dated 7-9-1962 and put them in possession of the said lands. He had also gifted 1.84 acres of land to one Om Prakash Bhagat, son of the petitioner No. 2, vide registered deed of gift dated 7-9-1962, and put him in possesion thereof. The names of the said donees were also mutated and they are obtaining rent receipts on payment of rent. The names of the petitioners Nos. 4 and 5 and the aforementioned Om Prakash Bhagat were also mutated in Register II in respect of the gifted lands. Sheo Bachan Bhagat, father of the petitioners and the respondents Nos. 8 and 9, owned and possessed 131.04 ...

Ram Naresh Dubey and ors. Vs. the State of Bihar and ors.

Court: Patna

S.B. Sinha, J.1. This application is against an order dated 30-12-1980 passed by the Assistant Consolidation Officer, Respondent No. 4 in Consolidation case No. 752/1980, the order dated 26-7-1982 passed by the Deputy Director Consolidation, Respondent No. 3 in consolidation Appeal No. 170/1982 and the order dated 19-4-1983 passed by the Joint Director, Consolidation, Bihar, Patna, Respondent No. 2 in Revision Case No. 1244/1982 as contained in Annexures 3, 4 & 5 respectively to the writ application.2. In view of the points involved in this application, it is not necessary to state the fact of the matter in details.3. Suffice it to say that the lands in question were recorded in the cadestral survery records of right of Raj Kumar Dubey. He died leaving behind his son Chatur Dubey, father of the petitioner, who came in possession of the lands. However, according to the petitioner, Chatur Dubey buffered a paralytic attack in the year 1962 and he remained confined to bed.4. The petitione...

Birendra Kumar Das Vs. State of Bihar and ors.

Court: Patna

G.C. Bharuka, J.1. The present writ application has been filed by the petitioner for quashing the order dated 5-7-1989 (Annexure-1) issued by the respondent Chairman-cum-Managing Director, Bihar State Export Corporation, Biscoraaun Bhawan, Patna (in short' the Corporation' only) by which it has been communicated that in view of the decision taken by the Board of Directors, this petitioner is discharged from his service of the Corporation with immediate effect.2. The relevant facts may be stated in short. The petitioner was appointed in service of the Corporation on 10-7-1985 and was posted as the Administrative cum-Information Officer which was subsequently re-designated as Personnel and Administrative Officer. Subsequently by an order dated 6-8-1988, the petitioner was transferred on the post of Sales Manager in a Vihanka Show room of the Corporation at Patna. The petitioner objected to his said transfer by filing representation but the same was rejected. Then the petitioner challen...

income-tax Officer Vs. Ram Nihora Thakur

Court: Income Tax Appellate Tribunal ITAT Patna

Reported in: (1993)46ITD90(Pat.)

1. These five appeals filed by the department are against the orders of the DC (Appeals) cancelling the penalty orders of the Assessing Officer under Sections 271(1)(a), 273(1)(b) and 273(2)(b) of the Income-tax Act, 1961. The assessment years involved are 1978-79, 1979-80 and 1980-81. As the issue involved are identical in all the three assessment years, the appeals are disposed of by a consolidated order for the sake of convenience.2. As regards the assessment year 1978-79, the assessee filed return of income on 19-2-1982 disclosing a total income of Rs. 10,550. The assessment was made under Section 143(3) of the Act on 25-2-1986 on a total income of Rs. 44,100 which was reduced in appeal by the AAC to Rs. 37,100. The assessee filed a fresh return of income claiming it to be under Amnesty Scheme on 2-3-1987 showing a total income of Rs. 37,100. Reassessment was made under Section 143(1) of the Act accepting the return of income shown in the second return of income. As regards the as...

Pramila Kumari and ors. Vs. State of Bihar and ors.

Court: Patna

G.C. Bharuka, J. 1. The present writ applications have been filed by the petitioners seeking issuance of a writ of mandamus against the respondents to consider the cases of the petitioners for their admission in 1990-94 session of General Nursing and Midwifery (G.N.M.) training course in the Nalanda Medical College and Hospital (N.M.C.H.), Patna. 2. The relevant facts may be stated in brief. The Director General, Health Services, Bihar, has published an advertisement in the Daily news-paper inviting applications from the persons intending to undertake 4 years G.N.M. training course for the session 1990-94 on 4-1-90. A copy of the said public notice is enclosed at Annexure-1 to the writ application. The minimum qualification fixed for admission in the said course was '10+2' or Intermediate pass from any University/ Board recognised by either the Central or theState Government. The admissions were to be taken in the course in question from amongst the merit list prepared on the basis ...

M/S. Mona Silk Vs. National Insurance Co. Ltd.

Court: Bihar State Consumer Disputes Redressal Commission SCDRC Patna

K.P. Sinha, Member: 1. This is a complaint filed by M/s. Mona Silk, Burha Nath Road, Bhagalpur (hereinafter referred to as the complainant) against the National Insurance Company Limited, Bhagalpur Branch (hereinafter referred to as the O.P.) for non settlement of their claim under the Burglary Insurance Policy No. 7502200 of 1989-90 in respect of theft of silk fabrics and silk yarns, committed in the night of 28th and 29th September, 1989 from the insured premises of the complainant. An FIR about the above theft was lodged with the Kotwali Police Station who registered Bhagalpur Kotwali P.S. Case No. 607 dated 29.9.89 for the above theft. On 29th September itself the Branch Manager of the National Insurance Company was informed about the incident of theft. A Surveyor was deputed by the Insurance Company who visited the premises and collected relevant informations. Subsequently on 24th October, 1989 another Surveyor of the National Insurance Company visited the insured premises and aga...