Patna Court July 1993 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
Jamuna Paswan Vs. the State of Bihar and ors.
Court: Patna
Decided on: Jul-23-1993
S.B. Sinha, J.1. In this application the petitioner has questioned the appointment of the respondent No. 6 to the post of Dalpati by the District Panchayat Officer, Madhubani as per the order as contained in Memo No. 468 dated 18-7-1992.2. Bereft of all unnecessary details, the fact of the matter is as follows :The petitioner is said to be a matriculate and he had been working as a Sectional Officer of the Village Volunteer Force of the Gram Panchayat. The Dalpati of the Gram Panchayat Shri Bisheswar Prasad died on 31-12-1990 and allegedly the petitioner was made Incharge of the post of Dalpati. For the purpose of filling up the post of Dalpati, an advertisement was issued filing the application before the Secretary of the Gram Panchayat on 2-10-1991.3. The petitioner allegedly filed an application pursuant to the said advertisement on 2-10-1991. It is further alleged that the petitioner's name was recommended by the Executive Committee and his name was sent for approval.4. According ...
Magister Singh Vs. the State of Bihar and ors.
Court: Patna
Decided on: Jul-22-1993
S.B. Sinha and R.N. Prasad, JJ.1. The petitioner in this application has sought for issuance of a writ of mandamas upon respondents 2 and 3 to enlist them in the category of Class I A Contractor of Rural Engineering Organisation.2. The petitioner is registered Class I A Contractor of Road Construction Department having registration No. Class I A/328-A of 1988. The contention of the petitioner is that he has executed several road projects working in the department and consisting of Road Construction Department and National Highway including Rural Engineering Organisation. Originally, there was only one department which was bifurcated into two wings, namely, Building and Road Construction Wings. Even upon bifurcation, the Contractors who were originally registered with Public Works Department were being treated registered for both the wings namely Road and Building. The Road Construction Department again was bifurcated in two wings Road Construction Department and Rural Engineering depa...
Kamta Prasad and Sons and ors. Vs. the Union of India (Uoi) and ors.
Court: Patna
Decided on: Jul-22-1993
S.B. Sinha and R.N. Prasad, JJ.1. The petitioners who carry on business as whole-sale dealers of fish have filed this writ application for a direction upon the respondents to forbear them from realising the charges by way of freight for the goods delivered to the petitioner Patna Junction RailwayStation in absence of the railway receipt.2. The contention of the petitioners, in short, is that Agents and Adhatias booked the perishable goods on payment of total freight at the booking station wherefor railway receipts are prepared in triplicate. writ application the petitioners have stated as follows :-Normally the guard of that train who carries the goods in the parcel van has to submit the Railway Receipts to the Station authorities at the time of delivery of the goods because he used to receive the goods for loading in the parcel van along with the RAILWAY receipts according to the Rail Receipts the guard has to deliver the said goods to the particular station to which the goods are bo...
Karan Murmu and ors. Vs. State of Bihar and ors.
Court: Patna
Decided on: Jul-22-1993
S.B. Sinha, J. 1. This application is directed against an order dated 10-12-1990 as contained in Annexure 5 to the writ application passed by the Commissioner, Santhal Pargana Division, Dumka, (respondent No. 2) in Revision Misc. Appeal No. 403 of 1987-88 whereby and whereunder the order dated 23-12-1978 passed by the Settlement Officer, Dumka (respondent No. 3) in Suo Motu Case No. 148 of 1978 as contained in Annexure 4 to the writ application was set aside, in terms whereof respondent No. 4 Darbari Tudu was directed to be evicted from new plots Nos. 788, 789 and 790 (new) corresponding to old plot No. 677 of Jama-bandi 26 (new), Jamabandi 57 (old). 2. Jamabandi No. 57 was recorded in the name of Ludha Murmu and Karan Murmu in Gantzer's settlement report which is contained in Annexure-1 to the writ application. 3. Allegedly, Ludha Murmu left the village giving the land in question in Jimma-nama to Pradhan Karan Murmu for a period of five years. Petitioners Nos. 1 to 6 and 10-11 are ...
Commissioner of Income-tax Vs. Bihar Alloy Steels Ltd.
Court: Patna
Decided on: Jul-21-1993
G.C. Bharuka, J. 1. In this reference application, a statement of case had been called for by this court under Section 256(2) of the Income-tax Act, 1961 (hereinafter to be referred to as 'the Act' only), for examining the following questions of law, which relate to the assessment year 1972-73: '(1) Whether, on the facts and in the circumstances of the case, the Tribunal was justified in law in deleting Rs. 3,13,014 for the assessment year 1972-73 as income from other sources on account of interest as determined by the Income-tax Officer and confirmed by the Appellate Assistant Commissioner in appeal ? (2) Whether, on the facts and in the circumstances of the case, the interest earned, taxable as income from the other sources, is subject to a deduction towards the construction of the factory ?' 2. The assessee is a limited company. It was incorporated on September 27, 1965, inter alia, to carry on business as iron founders. In May, 1971, the company offered its shares for subscriptio...
Commissioner of Income-tax Vs. Girish Kumar Kothari
Court: Patna
Decided on: Jul-21-1993
G.C. Bharuka, J. 1. 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 ?' 2. 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. 25,907 was sustained up to the Tribunal as income from undisclosed sources based on unexplained cash credits. Because of those additions, penalty proceeding...
Tarun Kumari and ors. Vs. State of Bihar and ors.
Court: Patna
Decided on: Jul-20-1993
G.C. Bharuka, J.1. The prayer of the petitioners in these writ applications is for a direction to the respondents to take their admission in General Nursing and Midwifery course which as been refused to them on the ground that they do not possess the requisite qualification for admission to the said course.2. The case of the petitioners is that they have passed the Madhyama examination from Hindi Sahitya Sammelan, a constituent unit of Hindi Vishwavidyalaya, Allahabad. On the strength of the said educational qualification they had applied for their ad-mission in the course in question pursuant to the newspaper advertisement dated 23-3-1991 (Annexure 1). But the same has been denied to them on the ground that Madhyama is not equivalent to 10 + 2 or the Intermediate examination held by any University/Board having recognition of the State Government or the Central Government. 3. Learned counsel for the petitioners has strenuously submitted that in view of the decision of the Bihar Govern...
Bihar State Housing Board Vs. State of Bihar and ors.
Court: Patna
Decided on: Jul-19-1993
S.B. Sinha, J. 1. The petitioner in this, writ application has inter alia prayed for issuance of a writ of certidrari for quashing the order passed in Land Acquisition case No. 20 of 1983 by the Additional District Judge. No. 1 Gaya, whereby he had enhanced the amount of compensation.2. The fact of the matter lies in a very narrow compass.3: The petitioner is a body corporate establsihed in terms of Section 3 of the Bihar State Housing Board Act, 1982, and thus is a 'State' within the meaning of Article 12 of the Constitution of India. It allegedly sent a requisition for acquisition of some land at village Mustafabad in the district of Gaya pursuant whereof a notifiction under Section 4 of the Land Acquisition Act (hereinafter referred to as 'the said Act') was issued on 5-12-1974 and a declaration under Section 6 thereof has been published on 1-7-1975. Possession of the land had also been taken in the year 1975. An award was passed in that case but the awardee being not satisfied wi...
Syed Welayat HussaIn and ors. Etc. Vs. State of Bihar and ors.
Court: Patna
Decided on: Jul-19-1993
S.B. Sinha, J. 1. Both these writ applications involving common questions of fact and law were taken up for hearing together and are being disposed of by a common judgment. 2. Before, however, adverting to the said questions, the fact of the matter may be noticed. 3. One trust commonly known as Dr. Abdul Khair, Educational and Charitable Fund Trust (hereinafter called and referred to as 'the trust') is said to have been founded by one Dr. Khalid Khair. The said trust allegedly is a Muslim Minority Trust. According to the petitioners the said trust administers and maintains a College known as Maulana Azad Institute of Medical Sciences (hereinafter referred to as 'the said College') as a minority Institution within the meaning of Article 30 of the Constitution of India. The said College was established in the year 1989 and in order to achieve the object of the said trust, the family members of the founder thereof had agreed to execute a deed of gift in respect of 14 acres of land in...
Dattatray Nath Pandey Vs. the State of Bihar and ors.
Court: Patna
Decided on: Jul-19-1993
S.B. Sinha, J.1.This application is directed against an order dated 26-5-1992 passed by the Commissioner, Saran Division Chapra in Case No. 87/1991-92 whereby dismissed the revision application filed by the petitioner on the ground that after coming into force of the Bihar Tenants Holding(Maintenance of Records) Act, 1973 (hereinafter referred to as 'the said Act') he had no jurisdiction to entertain a second revision application.2. The subject-matter of the present writ application is 4 kathas 6 dhurs of land in Khesra No. 1011 appertaining to Khata No. 145 of village Matihania in the district of Gopalganj. 3. The petitioner claims himself to be landlord of the recorded tenant of the said land. It has been contended that at the time of revisional survey one Shyam Narayan Pandey and Vidya Nand Pandey were in actual possession on a cash rental of Re. 1 and their names had been also found place in the revisional survey settlement records of right as Shikimidars.4. The petitioner has con...
- ‹ Prev
- 1
- 3
- Next ›
- Last »