Patna Court April 1994 Judgments
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israil Rai and ors. Vs. State of Bihar
Court: Patna
Decided on: Apr-22-1994
Loknath Prasad, J.1. All these references made under Section 395, Cr. P.C. by and Additional Sessions Judge, West Champaran, Bettiah, were taken up together for the reason that all these references were made by a common order dated 15-7-1993 passed by the learned Additional Sessions Judge, West Champaran, Bettiah and in all these cases common question of law is involved, consequently, this common order will dispose of all these reference cases.2. The facts, in short, giving rise to these references made by the Addl. Sessions Judge can be summarised that as many as five Sessions cases, namely S.Tr. No. 133/91 under Section 364, S. Tr. No. 134/91 under Sections 448, 323, 363, 366 and 376, I.P.C., S. Tr. No. 193/93 under Sections 395 and 412, I.P.C., S. Tr. No. 242/93 under Sections 399, 402, 307, 212, 216 and 400, I.P.C. and Sections 25(a), 26 and 27 of the Arms Act and S. Tr. No. 258/93 under Sections 364 and 307, I.P.C. and Section 27 of the Arms Act were pending before the 2nd Addit...
Bharat Coking Coal Ltd. and anr. Vs. Durga Prasad and anr.
Court: Patna
Decided on: Apr-19-1994
Gurusharan Sharma, J.1. This appeal, under Section 39 of the Arbitration Act, 1940 (hereinafter referred to as the Act) is directed against the judgment and decree dated 28.9.1992 passed by the 5th. Subordinate Judge, Dhanbad, in Title (Arbitration) Suit No. 46 of 1982/TR No. 70 of 1992 whereby the suit has been decreed in terms of the award submitted by the Arbitrator and the said Award has been made the Rule of the court.2. M/s Bharat Coking Coal Limited (hereinafter referred to as the BCCL), a company within the meaning of Section 617 of the Company Act invited tenders on 27.2.1975 for construction of certain quarters at Seraidhella in response to which one Durga Prasad submitted his tender, which was accepted on 16.5.1975 by the Senior Engineer of the BCCL, who was incharge of the works. The work was completed on 31.5.1977.3. On account of certain differences between the parties, Durga Prasad contractor requested the BCCL to make a reference of the disputes to an Arbitrator as pro...
Sarswatiji Bhandar Vs. the State of Bihar and ors.
Court: Patna
Decided on: Apr-15-1994
K.S. Paripoornan, C.J.1. The petitioner is an assessee to Sales-tax. We are concerned with the assessment year 1983-84. Originally, the assessment was made for the said year, by Annexure-1, on 25-3-1985. By Annexure-2, re-assessment order dated 26-3-1987, the gross turnover was enhanced from Rs. 7,85,347-76 to Rs. 11,88,627.20. In appeal, the Joint Commissioner of Commercial Taxes, by Annexure-3 dated 29-9-1989, ordered a remit. The petitioner states that this order was entered in the records on 18-2-1981. The petitioner was directed to produce the accounts by the assessing authority, by Annexure-4, dated 9-7-1992. Under the proviso to Section 24 of the Bihar Finance Act, re-assessment should have been completed within two years from the date of the communication of the order passed in appeal or review or reference. In this case, it should be on or before 18-2-1993. (Two years from the date when the appellate order was entered in the records). It has not been done. The petitioner ass...
Ram Nihora Singh Vs. Ram Sanjwan Singh
Court: Patna
Decided on: Apr-12-1994
Loknath Prasad, J.1. This is an application under Section 397 read with Section 401 of the Code of Criminal Procedure for setting aside the order passed by Sub-divisional Magistrate, Sitamarhi (Sadar) in Case No. 105/ 93 which was filed under Section 145, Cr. P.C.2. The facts, in short, giving rise to this application is that the petitioner claimed that he is recorded tenant of Plot Nos. 3910 and 3913 under Khata No. 471 and Plot Nos. 2112 and 2113 of Khata No. 159 along with other co-sharers in the revisional survey record of rights and the opposite party has no connection with these lands. However, the opposite party claiming himself to be an heir from the common ancestor, namely, Gopal Singh filed an objection under Section 10 of the Bihar Consolidation of Holdings and Prevention of Fragmentation Act (hereinafter referred to as 'the Bihar Consolidation Act') and claimed to 2/3rd share over the land of Khata Nos. 159, 160 and 471 of vil. Rampur but the Consolidation Officer after h...
Mithilesh Prasad Yadav Vs. State of Bihar
Court: Patna
Decided on: Apr-12-1994
Radha Mohan Prasad, J.1. In this application the petitioner has prayed for issuance of a writ in the nature of writ of mandamus commanding the respondent No. 3 Superintendent of Police, Katihar to implement the direction of the Inspector-General of Police (Provision and Training), Bihar. Patna (Respondent No. 2) as contained in annexure-5, whereby the service of petitioner has been directed to be taken back from the date the order is issued by the said Superintendent of Police, Katihar.2. In short, the case of the petitioner is that he was selected for appointment to the post of Constable after physical test at Bhagalpur in the year 1988 whereafter he received a registered letter bearing No. 3304 dated 16-7-1988 from respondent No. 3 asking him to appear before him along with original certificates in regard to the education, caste, age and home-guards with the clear understanding that the appointment shall be made only after due verification of the same. A true copy of the said lette...
Mithilesh Kumar Singh Vs. State of Bihar and ors.
Court: Patna
Decided on: Apr-08-1994
Aftab Alam, J. 1. The petitioner at the material time was a workman working in the Public Works Department, Bulling Circle, Purnia. In this application he challenges an award, dated February 28, 1989 given by the Labour Court, Patna, in reference No. 1 of 1985/11 of 1987. The reference arose out of an industrial dispute relating to the termination of the petitioner's service and the terms of the reference was as follows: 'Whether the termination of service of Shri Mithilesh Kumar Singh, Treasure Guard, Public Works Department, Building Circle, Purnia, by the management from December 15, 1992 is proper and justified? If not, whether he is entitled to reinstatement and/or any other relief?' 2. The parties appeared before the Labour Court and filed their respective writtten statements. 3. The case of the workman-petitioner was that he was initially appointed on- muster roll as a daily wager. He continuously worked for over three months and thereafter he was appointed in a regular time-...
Smt. Sulochana Devi Nathani Vs. Commissioner of Income-tax
Court: Patna
Decided on: Apr-07-1994
1. At the instance of the assessee, the Income-tax Appellate Tribunal, 'A' Bench, Patna, has referred the following questions of law for decision of this court : '1. Whether, on the facts and under the circumstances of the case, the Tribunal was right in holding that there was no diversion of the 50 per cent. of the share income at source from the beginning of 1971 ? 2. Whether, on the facts and under the circumstances of the case, the Tribunal was correct in holding that the share income was to be excluded to the extent of one anna only after November, 1971, and not from the beginning of the year ' 2. The respondent is the Revenue. We are concerned with the assessment year 1972-73. The accounting period ended on December 31, 1971. The assessee was a two annas partner in the firm, West Bengal Mining Company. She executed a trust deed dated March 23, 1971, settling Rs. 4,01,000 out of her capital standing in the firm on the trust. In the year, 1971, it was decided that there should be ...
Vidya Sagar Singh Vs. Shanti Devi and ors.
Court: Patna
Decided on: Apr-05-1994
N.P. Singh, J.1. Heard Mr. Udayan Choudhary, the learned counsel for the petitioner and Mr. B.P. Gupta, counsel for the opposite party/respondent.2. This revision application is directed against the order dated 4.2.1994 passed by the Claims Tribunal, Hajipur, Vaishali, in Claims Case Nos. 34 of 1994, 11 of 1993, under Section 140 of Motor Vehicles Act, 1988 (hereinafter referred to as 'the M.V. Act'), whereby he passed order for interim compensation of Rs. 25,000/- to the claimant opposite party.3. The claimant opposite party filed an application under Section 166 of the M.V. Act for compensation on account of death of her husband Bachcha Prasad Singh, father of opposite party Nos. 2 to 5 in an accident with bus bearing registration No. BRD 7879. The claimants also filed a separate petition under Section 140 of the M.V. Act for interim compensation.4. Pursuant to the notice, the petitioner, owner of the bus bearing registration No. BRD 7879, appeared and denied the involvement of thi...
Commissioner of Wealth-tax Vs. Smt. Shushila Devi Tamakuwala
Court: Patna
Decided on: Apr-05-1994
1. At the instance of the Revenue, the Income-tax Appellate Tribunal, 'A' Bench, Patna, has referred the following question of law for the decision of this court :'Whether, on the facts and in the circumstances of the case, the Tribunal was justified in holding that the factory building owned by the assessee was entitled to exemption under Section 5(1)(iv) of the Wealth-tax Act, 1957 ?'2. We heard counsel for the Revenue. The matter arises under the Wealth-tax Act, 1957. We are concerned with the assessment years 1974-75 and 1975-76. The assessments relate to the land and factory building. The assessee-Hindu undivided family was the owner of 3/4ths share of the factory building and claimed exemption for the said building under Section 5(1)(iv) of the Wealth-tax Act. Originally, it was accepted by the Wealth-tax Officer. Subsequently, the proceeding was reopened and the Wealth-tax Officer withdrew the exemption. The assessee assailed the said order in appeal. The plea of the assessee t...
Smt. Puspa Singh, Vs. Union of India (Uoi) and ors.
Court: Patna
Decided on: Apr-05-1994
1. These are connected cases. Common questions of law arise for consideration in this batch of cases. The petitioners assailed the order dated June 15, 1993 passed by the appropriate authority of the Income-tax Department under Chapter XXC, i.e., Section 269UD of the Income-tax Act, 1961. The said order is the common order in all these cases. It has been assailed on many grounds but we take up one of the main points taken for assailing the order dated June 15, 1993, and that is that there has been violation of the principles of natural justice. It is further stated that the principles of natural justice have been violated at every stage and in every material particular. 2. For the purpose of disposal of these three cases, it is sufficient to state that it is agreed before us by counsel for the Revenue that the order dated June 15, 1993, was passed without hearing the petitioners. It cannot be doubted that the order dated June 15, 1993, visits the petitioners with civil consequences. ...
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