Patna Court February 1994 Judgments
Mithilesh Mishra and ors. Vs. State of Bihar and ors.
Court: Patna
Decided on: Feb-28-1994
S.B. Sinha, J.1. The petitioners in this application have prayed for issuance of a writ of or in the nature of mandamus directing the respondents to appoint them on the post of Assistant Teachers in the elementary school in the district of Begusarai.2. The facts of the matter lies in a very narrow compass. The petitioners are claiming themselves to be handicapped persons. Allegedly for the year 1978-80 an advertisement was issued for the purpose of getting training. Certain seats were reserved for the handicapped candidates. Pursuant to the said advertisement, the petitioners also applied and they were admitted to training and eventually completed their training course. In the year 1984 an advertisement was issued for appointment in the post of Assistant Teachers, pursuant whereof the petitioners applied. They were also called to appear at the interview, According to the petitioners a penal was prepared wherein their names were at Serial Nos. 195, 50 and 74 respectively.3. It has furt...
Tag this Judgment!Ranchi Timber Traders Association and anr. Vs. State of Bihar and ors.
Court: Patna
Decided on: Feb-25-1994
Sachchidanand Jha, J.1. In this petition by M/s Ranchi Timber Traders Association in the representative capacity on behalf of 156 members, list whereof has been furnished in Annexure-1, the vires of the Bihar Saw Mills (Regulation) Act, 1990 ('the Act', in short) and the Bihar Saw Mills (Regulation) Rules 1993 ('the Rules', in short) has been questioned.2. The Act is said to be colourable exercise of legislative power. It is said, in support of the plea, that the State Government in exercise of power under Sections 41, 42 and 76 of the Indian Forest Act, 1927 had framed Bihar Rules for the Establishment of Saw Pits and Establishment and Regulation of Depots 1983 in respect of the establishment of saw pits and timber depots which was held by this Court to be ultra vires, vide judgment reported in 1984 BBCJ 8. The State Preferred S.L.P. (Civil) Nos. 16877-84 of 1983 against the said judgment. By order dated 16.4.84, the Supreme Court stayed the judgment of this Court and restored the in...
Tag this Judgment!Life Insurance Corporation Vs. Mrs. Permila Singh
Court: Bihar State Consumer Disputes Redressal Commission SCDRC Patna
Decided on: Feb-25-1994
Mr. Justice B.N. Sinha, President: 1. This appeal is directed against order dated 7th July, 1992 passed by the District Forum, Hazaribagh in Complaint Case No. 16 of 1991 filed by the respondent here who was complainant against the appellant who was the opposite party before the District Forum. 2. The facts of the case leading to this appeal may be briefly stated. The complainant happens to be the widow of late B.N.P. Singh, who had secured a Life Insurance Policy No. 82129357 dated 28.3.86 for Rs. 35,000.00. The said B.N.P. Singh died on 3.2.89. Thereafter the complainant filed insurance claim before the opposite party in its Branch Office at Giridih. The complainant was informed by the Branch Office of the Life Insurance Corporation at Giridih vide letter dated 8.6.89 that the Policy of the deceased lapsed before his death and therefore her claim can not be honoured. 3. On being noticed the opposite party appeared and filed written version challenging the maintainability of the case ...
Tag this Judgment!Sidhnath Bharti (Objector) Vs. Jai Narayan Bharti
Court: Patna
Decided on: Feb-23-1994
Nagendra Rai, J. 1. The question which has been referred by a learned single Judge to the Division Bench for an authoritative decision is as to whether an appeal filed under Section 299 of the Indian Succession Act (hereinafter referred to as 'the Act') against the order granting or refusing probate or Letters of Administration in a contentious proceeding should be accompanied by a decree or not. The answer to this question is dependent upon a decision on the points as to whether the order passed in a contentious proceeding is a decree or not or as to whether a decree is to be drawn up or not after passing the order in a contentious proceedings. 2. This first appeal has been filed by the appellant against the judgment dated 25th January, 1991, passed by the Second Additional District Judge, Saran at Chappra, in a Probate Case No. 17/85 granting probate in favour of the respondent in respect of a will dated 14-4-1954 alleged to have been executed by Parshuram Bharti in favour of the ...
Tag this Judgment!Sr. Superintendent of Post Offices and Others Vs. Manoj Kumar Sharma
Court: Bihar State Consumer Disputes Redressal Commission SCDRC Patna
Decided on: Feb-23-1994
Mr. Justice B.N. Sinha, President: 1. This appeal is directed against order dated 22.5.92 passed by the District Forum, Saran at Chapra in Complaint Case No. 50 of 1991 in which the appellant before this Commission was the opposite party and the respondent here was the complainant before the District Forum. 2. The complainant filed a case before the District Forum, Saran alleging as follows. He had applied for his appointment in the Indian Air Force and received interview letter for the same, that he appeared in the interview and was quite hopeful of being selected, that he was expecting his appointment letter any day after 6.12.90 and therefore he always visited the Kewani Post Office inquiring about his appointment letter from opposite party Nos. 3 and 4 but no such letter was given to him. The complainant has further alleged that when he went to the recruitment office of the Indian Air Force at Patna on 1.4.91 to inquire about the same and he was informed that he had been selected t...
Tag this Judgment!Commissioner of Income-tax Vs. Rastriya Swayam Sevak Sangh
Court: Patna
Decided on: Feb-22-1994
1. These are connected cases. The Commissioner of Income-tax, Bihar-I, Patna, is the applicant in all cases. The same assessee is the respondent in all the cases. The matter relates to the assessment years 1967-68 to 1975-76. The Income-tax Appellate Tribunal in R. A. Nos. 1 to 9 (Patna) of 1981 has referred the following common questions of law for the decision of this court in the above cases. The questions referred to this court are:'(i) Whether, on the facts and in the circumstances of the case, the principle of mutuality exists in the R.S.S. ?(ii) Whether, on the facts and in the circumstances of the case, the amount received from members and devotees can be taken to be Gurudakshina and held to be exempt 2. We heard counsel for the Revenue as also counsel for the respondent-assessee. The facts of this case lie in a narrow campass. The assessments were made on the respondent-assessee in the status of an association of persons for the years 1967-68 to 1975-76. The assessments were ...
Tag this Judgment!Commissioner of Income-tax Vs. N.P. Singh and ors.
Court: Patna
Decided on: Feb-22-1994
1. The Revenue has filed this application under Section 256(2) of the Income-tax Act, 1961. The respondent is an assessee to income-tax. The Revenue prays that the following question formulated in paragraph 1 ofthe petition may be directed to be referred to this court by the Income-tax Appellate Tribunal, Patna Bench, Patna : 'Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal was justified in affirming the order of the Commissioner of Income-tax (Appeals), whereby it allowed the claim of the assessees of the amount of Rs. 2,96,682 being the cost of two gear boxes fitted to the steamer M. V. (bridge) as revenue expenditure ?' 2. We heard learned counsel for the Revenue. The matter relates to the assessment year 1981-82. During the year, the assessee-firm incurred an expenditure of Rs. 2,96,682 which it incurred as total costs for the new gear boxes fitted to its steamer M. V. (bridge). The Income-tax Officer held that the fitting of the gear...
Tag this Judgment!Hari Prasad Yadav Vs. Suresh Prasad Yadav and anr.
Court: Patna
Decided on: Feb-22-1994
Loknath Prasad, J.1. This election petition relates to election from 176 Katoria Assembly Constituency, to be referred hereinafter only as 176 Constituency', which was held on 27-2-1990. The election petitioner is Hari Prasad Yadav, who lost the said election, came to this Court with a prayer to declare the election of respondent No. 1 as void and further to direct recounting of votes of Booth Nos. 42, 45, 46 and some other Booths and after that to declare the election petitioner to be elected from Constituency No. 176 of Bihar Legislative Assembly.2. In brief, it can be said that the petitioner was also one of the nominated candidates of Constituency No. 176 in which the last date for filing nomination was 3-2-1990 and after all the formalities of the election process, the election was held on 27-2-1990 and counting of votes were done on 1-3-1990 and the result was declared on 2-3-1990 in which respondent No. 1 Suresh Prasad Yadav was declared as elected with a small margin of 378 v...
Tag this Judgment!State Bank of India Vs. Hukum Chand Dhingra
Court: Bihar State Consumer Disputes Redressal Commission SCDRC Patna
Decided on: Feb-21-1994
Mr. K.P. Sinha, Member: 1. This is an appeal against the order dated 21.11.92 passed by the District Forum, Muzaffarpur in Complaint Case No. 70 of 1991. By this order the learned District Forum have directed the appellant to return the documents deposited by the complainant with them as security and have also been directed to pay compensation of Rs. 1,100/-. 2. The facts of the case in brief are that the respondent was enjoying loan facility sanctioned in 1980 in the nature of cash credit. Against this loan the respondent created equitable mortgage of landed properties and deposited the title deed of the concerned properties. When the respondent failed to repay the dues of the appellant-bankers a certificate case was filed and the Certificate Officer issued notice to the respondent for realisation of the outstanding balance of Rs. 11,065/- and Court fee of Rs. 1150.00, totalling Rs. 12,215.00. The respondent were allowed to deposit certificate dues in the monthly installment of Rs. 30...
Tag this Judgment!Anil Kumar Sinha Vs. State of Bihar and ors.
Court: Patna
Decided on: Feb-18-1994
Loknath Prasad, J.1. This is an application under Sections 397 and 401 of the Code of Criminal Procedure filed by die petitioner who is the informant of a criminal case bearing Patna city Chowk Police Station Case No. 135/90 for setting aside the order passed by the Additional Chief Judicial Magistrate, Patna city dated 10.9.1993.2. For proper appreciation the case of the petitioner in short is that he is manufacturing the buckets in the name of M/s Bihar Galvanising Works, Simili, Patna city with figure of Elephant and this was duly registered under the Copyright act bearing Registration No. A-131718/83. It was found that the Opposite Parties Nos. 2 and 3 who are running hardware shop, namely M/s Kamal Enterprises Hardware were found selling the buckets of Elephant brand which was manufactured by New Calcutta Industry, Kanpur and F.I.R. was lodged on 7.8.1980 under the Copyright Act and Trade Mark Merchandise Act and also under the Indian Penal Code. The main allegation is mat the ac...
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