Patna Court March 1993 Judgments
Hotel Babadham and ors. Vs. Bihar State Financial Corporation and ors.
Court: Patna
Decided on: Mar-31-1993
S.B. Sinha, J. 1. In this application the petitioner have prayed for issuance of an appropriate writ for quashing the order dated 16-12-1992 whereby the mortgaged assets of petitioner No. 1 had been sold to respondent No. 3 in purported exercise of its power under Section 29 of the State Financial Corporation Act, 1951 (hereinafter referred to as the said Act.) 2. The fact of the matter is as follows : The petitioner No. 1 is a partnership firm and the petitioners Nos. 2 and 3 are its partners. 3. The petitioner applied for grant ofadvance from the respondent-Corporation. Asum of Rs. 8 lacs was sanctioned in the year1981. A term loan of Rs. 1.88 lacs wassanctioned in the year 1984 and another termloan of Rs. 2.45 lacs was sanctioned in theyear 1985. The final term loan of Rs. 7.1 lacswas sanctioned the year 1988. Thus the totalamount sanctioned to the petitioners wasRs.1952 lacs. The aforementioned amountwas paid to the petitioners by the respondent-Corporation in between the period ...
Tag this Judgment!Mohd. Suddique and ors. Vs. State of Bihar
Court: Patna
Decided on: Mar-31-1993
Om Prakash, J.1. This is an application under Article 226 of the Constitution of India filed on 17-4-1987 for quashing of petitioners' prosecution.2. On a written report by one Abdul Sattar, police registered Janjhargarh P.S. case No. 8(4)79 for affence under Section 324, I.P.C. against the petitioners. F.I.R. was received by the Chief Judicial Magistrate on 19-4-79. The petitioners surrendered before him on 24-4-79 and were granted bail. After investigation, charge-sheet was submitted on 14-7-79 and cognizance was taken on 17-7-79. Charges under Sections 324 and 323, I.P.C. were framed on 25-4-80.3. The prosecution examined PW 1 on 28-11-81, PW 2 on 2-2-82, PW 3 on 3-3-82, PW 4 on 10-4-82, PW 5 on 25-8-82, PW 6 on 18-9-82 and PW 7 on 10-5-83. PW 6 was recalled for further examination on 5-1-84.4. On 3-3-84, the prosecution made a prayer for framing of charge under Section 326 I.P.C. and such prayer was allowed, charge under Section 326 I.P.C. was framed against petitioner No. 1 Md. S...
Tag this Judgment!Gaurab Chauhan Vs. the State of Bihar and ors.
Court: Patna
Decided on: Mar-30-1993
S.B. Sinha, J.1. In this application the petitioner has prayed for a direction upon the respondents to allow him to sit in the 1990 Supplementary Examination to be held from 4th July, 1992.2. The fact of the matter lies in a very narrow compass.3. The petitioner appeared at the All India Entrance Test conducted by the Central Board of Secondary Education in terms of the direction of the Supreme Court of India for filling 15% seats in M.B.B.S. Course in all the Medical Colleges situated within the territory of India.4. The petitioner was at the first instance admitted in B. D. S. course in Government Dental College, Bombay. The petitioner was thereafter selected for MBBS course as some seats remained vacant and by reason of a memorandum dated 5th June, 1991 as contained in Annexure-1 to the writ application he was directed to take admission at the Medical College in Jawaharlal Nehru Medical College, Bhagalpur. He was admitted in the said institution on 18-7-1991. He allegedly attended ...
Tag this Judgment!Samtul Dhobi and anr. Vs. State of Bihar
Court: Patna
Decided on: Mar-30-1993
Syed Haider Shoukat Abidi, J.1. Appellant, Samtul Dhobi has been convicted under Section 302 of the Indian Penal Code (for short 'the IPC') and has been awarded sentence of death while appellant, Sufchal Dhobi has also been convicted under Section 302, IPC and sentenced to undergo rigorous imprisonment for life. Both the appellants have also been convicted under Section 307 and 307/34 IPC but no sentence has been awarded. Hence, these Death Reference 3 of 1992 Criminal Appeal No. 230 of 1992 by both the appellants.2. A First Information Report (Ext. 4) was lodged by the informant Ramzan Mian on 2-5-1991 at 7.30 a. m. at Majhaulia Police Station in which it has been said by the informant (PW 9) that in the night of 2-5-1991 at about 8 p. m. while his daughter (Ambud Nisa, PW 11) aged about 14 years, was sleeping with his wife Sakina Khatoon aged about 45 years on the floor by spreading a mat infront of the door of his house and while his daughter-in-law (Saimul Nisa, PW 8) wife of Maoz...
Tag this Judgment!Ram Ekwal Thakur Vs. State of Bihar and ors.
Court: Patna
Decided on: Mar-30-1993
S.B. Sinha, J. 1. This application is directed against the orders dated 27-7-1989 passed by the respondent No. 4; the order dated 2-1-1991 passed by the respondentNo. 3 and the resolution dated 18-2-1992 passedby the respondent No. 2 as contained inAnnexures 1, 2 and 3 respectively. 2. Shortly put the fact of the matter is asfollows; -- The petitioner by reason of a registered deed of sale dated 19-3-1987 purchased the lands in question from Rajendra Thakur. The said deed of sale was registered on 3-5-1988. subsequently the petitioner sold the said land to Ram Kishore Choudhary who allegedly purchased the same for construction of dwelling house by a deed of sale dated 2-4-1987 which was registered on 14-7-1987. 3. A pre-emption application was filed by the respondent No. 5 on 1-8-1988 purported to be in terms of Section 16 (3) of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961 (hereinafter referred to as 'the Act') claiming pre-emption in r...
Tag this Judgment!Managing Committee of Rajo Sidheshwar High School and anr. Vs. State o ...
Court: Patna
Decided on: Mar-25-1993
B.P. Singh, J.1. The petitioners herein, the Managing Committee of Rajo Sidheshwar High School, Karki and its Headmaster, have filed the instant writ application with a prayer that a writ of mandamus be issued commanding the respondents, in particular the Bihar School Examination Board, to accept the registration forms and fees of the students of the petitioners' institution without late fine in connection with the Annual Secondary Examination 1993 scheduled to be held from 27th April, 1993. It is claimed by the petitioners that the aforesaid school was established in January, 1989. The Management applied for permission to establish the school as well as for recognition of the school as proprietory school. The matter was being considered by the concerned authorities, and a favour able report was submitted by the District Education Officer to the Deputy Director of Second Education. While the matter was still under consideration, the students who were admitted to class VIII when the s...
Tag this Judgment!Jogl Sada Vs. State of Bihar
Court: Patna
Decided on: Mar-24-1993
Narinder S. Rao, J.1. Jogi sada, the appellant, stands convicted under Section 307 of the Indian Penal Code (to be hereinafter referred to as the Code), and sentenced to undergo rigorous imprisonment for seven years. He has also been sentenced to undergo rigorous imprisonment for one year each under Section 354 as also under Section 342 of the Code. Although he was also charged under Section 376 read with Section 511 of the Code, but has been acquitted of that charge. His awarded sentences have been ordered to run concurrently. Feeling aggrieved, he has preferred this appeal through jail. Alongwith appellant, his co-uccused Birju Sada and Maikhu Sada were also convicted and sentenced under Section 342 Of the Code in the same manner, but this appeal has been prefered only by Jogi Sada appellant.2. The appellant hails from Chhatunibadh, district-Madhubani, to which village his co-convicts Birju Sada and Maikhu Sada also hail.3. The prosecution version, in brief, is that on 16-4-1988 at...
Tag this Judgment!Commissioner of Income-tax Vs. Girish Kumar Kothari.
Court: Patna
Decided on: Mar-21-1993
G. C. BHARUKA J. - In the present reference application we have been called upon to answer the following question :"Whether, on the facts and in the circumstances of the case, the Tribunal was justified in law in deleting the penalty of Rs. 23,907 imposed under section 271(1)(c) of the Income-tax Act, 1961 ?"The proceedings relate to the assessment year 1953-54. The assessee has filed its original return disclosing total income at Rs. 24,343. Later on, pursuant to search and seizure made in the premises of the assessee on December 16, 1966, reassessment proceedings were initiated and a notice under section 148 of the Income-tax Act, 1961 (hereinafter the "new Act" only), was issued on January 4, 1969. The assessee filed its return showing the same income as returned earlier. In the assessment proceedings, an addition of Rs. 23,907 was sustained up to the Tribunal as income from undisclosed sources based on unexplained cash credits. Because of those additions, penal...
Tag this Judgment!Sudhir Prasad Singh and ors. Vs. State of Bihar and ors.
Court: Patna
Decided on: Mar-19-1993
N. Pandey, J. 1. The petitioners in this writ application have challenged the mode and manner in which the tender notices were published as also the allotment of work with the private respondents by the Executive Officer, Rosera Municipality.2. The grievance of the petitioners is that respondents Nos. 5 and 6, without publication of the tender notice, have allotted the ork for construction and repairs of roads and drains worth Rs. 25,00000 (Twenty five lakhs) with the private respondents. According to the petitioners, as notices were not published in the daily newspaper not they were affixed at conspicious places in the municipal area, several persons including the petitioners were excluded from filling up tenders and participating in the auction. The allegation of mala fide and favouritism against the official respondents in allotting the works to the private respondents has also been alleged. It has been urged that different Government circulars which are binding over the minicipal ...
Tag this Judgment!Suresh Singh Vs. State of Bihar and ors.
Court: Patna
Decided on: Mar-19-1993
S.B. Sinha, J. 1. What is the beginning point for application of the doctrine of 'lis pendens' is the question involved in this application. 2. By reason of a registered deed of sale dated 11-7-1986 respondent No. 6 transferred his right, title and interest in favour of Ramashankar Singh and Prabhunath Singh (Respondents Nos. 7 and 8). The said deed was registered on 14-5-1987 in terms of Section 61 of the Indian Registration Act. The respondents Nos. 7 and 8 however, entered into an agreement for sale with the petitioner on 6-4-1987. The petitioner allegedly paid a sum of Rs. 15,000/- by way of advance out of stipulated consideration of Rs. 27,000/-. The respondents Nos. 7 and 8 thereafter executed a registered deed of sale on 20th August, 1987 which was registered on 15-9-1987. 3. An application for pre-emption was filed by the respondent No. 5 in terms of Section 16(3) of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus) Land Act, 1961 (hereinafter r...
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