Patna Court September 1994 Judgments
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Commissioner of Wealth-tax Vs. Suresh Mohan Thakur
Court: Patna
Decided on: Sep-15-1994
B.P. Singh J.1. In all these matters common questions of law have been referred to this court for its opinion pursuant to a direction of this court under Section 27(3) of the Wealth-tax Act, 1957. The assessee in all the cases is the same, and the references relate to different assessment years, namely, assessment years 1966-67 to 1971-72. The questions of law referred to this court for its opinion are the following : '1. Whether, on the facts and in the circumstances of the case, the jewellery included ornaments, according to the first proviso to Clause (viii) of Sub-section (1) of Section 5 of the Act, and the addition of Explanation was merely clarificatory ? 2. Whether, on the facts and in the circumstances of the case, the order of the Income-tax Appellate Tribunal is perverse and not based onlaw ?' 2. The facts of the case are not in dispute. The assessee, a Hindu undivided family, owned movable and immovable properties including 144 tolas of gold ornaments. It claimed before th...
Mahendra Prasad Singh Vs. State of Bihar and anr.
Court: Patna
Decided on: Sep-15-1994
S.K. Chattopadhyaya, J.1. Heard Mr. Singh, on behalf of the petitioner, Mr. Dayal, on behalf of the State and Mr. Shakil Ahmad, on behalf of Opposite Party No. 2 and with their consent this application is disposed of at the admission stage itself.2. This application under Section 439(2) of the Code of Criminal Procedure has been filed by the informant with a prayer to cancel the order of bail given to Opposite Party No. 2 by the learned Vacation Judge, Saran, Chapra by order dated 5-11-1993 in Bail Petition No. 712 of 1993.3. Pursuant to order dated 28-2-1994, letter of D.I.G., Tirhut Range, Muzaffarpur has been received which is at Flag-P. It appears from the letter dated 9-5-1994 that there is no report of Sri V.D. Ram, the D.I.G. in the office of the D.I.G., Tirhut Range, Muzaffarpur.4. It is submitted on behalf of the petitioner that from mere perusal of the impugned order it is clear that the learned court below has not properly appreciated the case of the prosecution. It is urge...
Sudhir Kumar Chatterjee and ors. Vs. B.N. Sinha
Court: Patna
Decided on: Sep-14-1994
Banwari Lal Yadav, J.1. This is a plaintiffs Second Appeal under Section 100 of the Civil Procedure Code, 1908 (compendiously 'the Code') in a suit for eviction of the defendant respondent from the suit premises and for recovery of the arrears of rent of Rs. 675.2. The plaintiffs appellants have filed the suit claiming that the suit premises. (Holding No. 46 of old Ward No. 8 and New Ward No. 15 of Purnea Municipality) belongs to the plaintiffs and that the defendant was admitted as a tenant on a monthly rent of Rs. 75/-. The rent was being paid by the defendant to Sudhir Kumar Chatterjee (plaintiff appellant No. 1) and the defendant used to get receipt of the same. It is asserted that the defendant committed breach of condition of the tenancy and erected a pucca Khaparposh shed and placed attached hut in the suit premises and also established a printing press without any permission from the plaintiffs-landlords, and that the defendant also cut away several trees situate in the compou...
Chandrakanta Sinha Vs. Arun Kumar Sinha
Court: Patna
Decided on: Sep-14-1994
Amir Das, J. 1. This revision-application under Sections 397 and 401 of the Code of Criminal Procedure Code is directed against the Order dated 23.4.1992 passed by Sri Ramanuj Sinha, Judicial Magistrate, 1st Class, Patna in Case No. 558(M)/1983 whereby the prayer for grant of maintenance has been refused.2. The petitioner-wife made an application for grant of maintenance against her husband-Opposite Party claiming herself to be his legally married wife and on amongst other grounds. She has asserted that she was married with Opposite Party according to Hindu rites and customs on 4.7.1979 and thereafter, she was living with her husband. She gave birth to two sons-one on 5.12.80 and another 5.3.1982. These two sons are also petitioners and they are living with their mother. Sometime thereafter the Opposite Party started torturing and ill-treating her resultant she left her husband's house under compulsion. Neither the petitioner nor her children were maintained by the Opposite Party rath...
Mohd. Manir Vs. State of Bihar and ors.
Court: Patna
Decided on: Sep-13-1994
P.K. Deb, J. 1. This is a petiton under Section 482, Cr.P.C. for quashing the order 14-6-1994 passed by the C.J.M. Lohardaga in Lohardaga P.S. Case No. 0067/94, whereby the prayer of the petitioner, an alleged vital witness to the occurrence, for recording his statement under Section 164, Cr.P.C. virtually refused when it was asked by the impugned order that the witness must come through Investigating Agency.2. The question of law in this case involves a very point as to (1) whether statement under Section 164, Cr.P.C. can be recorded by a Magistrate on a direct request from the witness concerned, (2) whether the Magistrate is bound to do it or has got a discretion in the matter, (3) whether such statement is recorded without involving Investigating Agency in the matter would amount to interference in the investigation.3. Mr. T.R. Bajaj, the learned Counsel was appointed amicus curie to help the Court in arriving at a just decision with his vast experience in both Bar and Bench.4. A ...
Gandhi Industries Private Ltd. Vs. Bihar State Electricity Board and o ...
Court: Patna
Decided on: Sep-12-1994
R.N. Sahay, J.1. The petitioner is a Company registered as Small Scale Industry. The petitioner entered into an agreement with respondent No. 1 for supply of Electricity of (16 K.V.) The petitioner states that the respondents were never able to give interrupted supply of power to the unit of the petitioner. There was sudden interruptions which caused much loss to the petitioner. The petitioner further states that the industry of the petitioner is such that after an interruption it cannot immediately start consuming the power and it takes a longer period to make the unit ready for consuming the connected load. The petitioner stated that there was trippongs, load-sheddings and power galore all the time. 2. The petitioner states that during the periods 1982-83, 1983-84, 1984-85, 1985-86 and 1986-87 the Respondents failed to perform their part of the agreement/contract but all the bills were raised for A.M.G. and under duress or coercion the petitioner was made to pay the same as such sub...
Gopalji Prasad Keshari Vs. Md. Rayez Alias Fulan and ors. Etc.
Court: Patna
Decided on: Sep-03-1994
Ram Nandan Prasad, J. 1. In both the applications a common question of law and facts is involved, they have been heard together and are being disposed of by this common judgment. 2. Civil Revision Application No. 1954of 1989 has been filed against the order dated 13-6-1989 passed in Miscellaneous Case No. 29 of 1983 and Civil Revision Application No. 1960 has been filed against the order dated 13-6-1989 passed in Miscellaneous Case No. 32 of 1983. 3. The short fact of the case is that the petitioner filed Eviction Suit No. 280 of 1975 against one Farooque Mian for his eviction from the suit premises. The suit was decreed on contest. Farooque Mian filed an appeal against the aforesaid judgment and order which was dismissed. He thereafter filed a second appeal which was also dismissed. The petitioner, thereafter, filed an Execution Case No. 64 of 1979 for execution of decree. During the pendency of the execution case Md. Reyaz and Md. lliyas, sons of the judgment-debtor, Farooque Mian...
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