Patna Court November 1995 Judgments
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New India Assurance Company Ltd. Vs. Manju Devi and anr.
Court: Patna
Decided on: Nov-20-1995
R.N. Sahay, J.1. This is an appeal by the insurer against the award of the Additional Claims Tribunal, Hazaribagh under Section 110-A of the Motor Vehicle Act whereby the Tribunal passed award for a sum of Rs. 1,40,000/-to pay the claim in favour of the claimants.2. On 23.9.1987 a Transport Bus bearing Registration No. BPI 8921 started for Baloutta. The bus was full to capacity and many persons boarded at the roof of the bus also. The driver of the bus was behaving in a negligent manner, although he was warned by the passengers several times. At about 10 P.M. in the night, the vehicle started from Chauparan and after giving some distance, the driver took a turn in a very high speed. The persons occupying the roof were hit by the branches of the trees. Some person occupying the roof of the bus were thrown away while others sustained grievious injuries and died. The driver was also seriously injured. It was alleged that the deceased Maghu Singh, who was conductor of the bus, he was als...
Deepa Dutta @ Smt. Deepa Ghosh Vs. Pradeep Ghosh
Court: Patna
Decided on: Nov-17-1995
Prasun Kumar Deb, J.1. The appellant in this case was respondent in Matrimonial (Title) Suit No. 36 of 1993 before the Second Additional District Judge, Hazaribagh. The respondent was the petitioner in that case. The above Matrimonial (Title) Suit No. 36 of 1993 was filed under Section 11 and/or 12(1)(c) of the Hindu Marriage Act, 1955 (hereinafter referred to as 'the Act') for declaration that the marriage solemnised between the spouses above named on 19.11.1992 was void on the ground that the appellant-respondent was insane at the time of marriage and concealing that fact, she was given in marriage with the petitioner-respondent.2. The admitted facts of the case is that after due negotiation marriage was solemnised between Pradeep Ghosh and Deepa Dutta on 19.11.1992 at Pathardih in the district of Dhanbad. It was alleged by the husband that at the time of negotiation of the marriage although the husband party want to see the bride, there was no scope for any conversation as she was ...
Badri Singh and Vs. State of Bihar and ors.
Court: Patna
Decided on: Nov-15-1995
B.L. Yadav and S.K. Singh, JJ.1. Whether these analogous contempt applications have been properly presented/filed without specifying the names of the persons who have committed contempt; in other words whether a contempt can be issued against the authorities or it must be against the persons by name who halve committed contempt, is short question which falls for our determination the present applications filed under Article 215 of the Constitution of India read with Section 12 of Contempt of Courts Act, 1971 (compendiously 'the Act').2. As these two analogous applications involve similar questions for our determination, hence they are being disposed of by this common order/judgment.3. M.J.C No. 753/95 will be referred as first case whereas M.J.C. No. 2160/94 will be as second case.4. The first case has been filed by Sri Badri Singh against (1) State of Bihar, through its Chief Secretary; (2) Secretary to Government, Building Construction and Housing Department, (3) Deputy Secretary to...
Mohan Lal Mahto Vs. Jugal Kishore Mahto and ors.
Court: Patna
Decided on: Nov-15-1995
Pramod Kumar Sarin, J.1. This Criminal revision is directed against the order of 1st Additional Judicial Commissioner, Ranchi in Cr. Revision No. 7 of 1983 passed on 9th June, 1989, setting aside the order of Executive Magistrate in Case No. M-3/1976 dated 10.12.1982 by which the learned Magistrate had held and declared the petitioner's possession over the disputed land.2. It appear that proceedings under Section 145 of the code of Criminal Procedure hereinafter referred to as the Code were initiated in respect of plot No. 2345 area 5.05 acres situated at village Lota, P.S. Silli, District- Ranchi, in which the petitioner was the first party and the opposite parties were second party. The petitioner claimed title as well as possession over the disputed land while the second party asserted their possession over the disputed land since long. The opposite parties second party further alleged that in the record of rights the name of the grand father of the first party was wrongly recorded...
Awadhesh Kumar Vs. State of Bihar and ors.
Court: Patna
Decided on: Nov-15-1995
R.N. Sahay, J.1. The petitioner at the material time was posted as M.V.I. at Dhanbad. By this application under Article 226 of the Constitution the petitioner has impugned the legality of the order date 30.6.95 as contained in Annexure-1 whereby he has been transferred to Darbhanga for administrative reasons. The order was to be implemented with immediate effect. The petitioner immediately rushed to this Court and filed a writ application bearing CW.J.C. No. 1498/95(R); The said application was disposed of on 6.7.95 by passing following orders:After some argument, learned Counsel for the petitioner seeks leave of this Court to withdraw this application and as such this writ petition is dismissed as with-drawn. However, this will not prevent the petitioner from making any representation against his transfer, before the appropriate authority.2. The petitioner had withdrawn the application for filing a representation for cancelling the transfer. On 7.7.95 his wife filed a representation ...
i.S.M. Teachers Association and ors. Vs. I.S.M. and ors.
Court: Patna
Decided on: Nov-13-1995
P.K. Deb, J.1. Petitioner No. 1 in this case is Association of teachers of the Indian School of Mines and petitioner Nos. 2 to 10 are the Members of the Association, who have prayed in this writ application to fix their age of superannuation on completion of 60 years in compliance of the letter of University Grant Commission, contained in Annexure-5 dated 5.6.1992.2. The Indian School of Mines which is situated at Dhanbad was established by the Government of Indian in December, 1926 and from 1.7.1967 the same was registered under the Society's Registration Act. There is memorandum of association stating the object of the Society which was set up to provide instruction and research branches of Engineering and Technology, applied sciences and also for the advancement of learning and dissemenition of knowledge in such branches according to the provision of the rules and regulations of the Society. It has also got power to hold examination, grant Academic award by virtue of power derived...
Ranchi Club Ltd. Vs. Commissioner of Income Tax and ors.
Court: Patna
Decided on: Nov-13-1995
HIGH COURT OF PATNA : RANCHI BENCHSACHCHIDANAND JHA, J. :The petitioner, a company registered under the Indian Companies Act, has challenged the validity of the assessment order and consequential demand notice under the IT Act, 1961 (hereinafter referred to as 'the Act'), for the asst. yr. 1991-92, so far as it relates to the levy of interest. It has also challenged the vires of the provisions of Ss. 234A and 234B of the Act.2. I do not think there is any substance in the challenge to the vires of the provisions, for, as is evident from a plain reading of these provisions, they are not penal in nature and, therefore, no element of arbitrariness or violation of rules of natural justice, as alleged, can be attached to them. They merely provide for payment of interest by an assessee who commits default in furnishing the return either under S. 139(1) or S. 139(4), or in response to a notice under S. 142(1) of the Act has either failed to pay the advance tax or the advance tax already paid...
Ranchi Club Ltd. Vs. Commissioner of Income-tax and ors.
Court: Patna
Decided on: Nov-13-1995
Sachchidanand Jha, J.1. The petitioner, a company registered under the Indian Companies Act, has challenged the validity of the assessment order and consequential demand notice under the Income-tax Act, 1961 (hereinafter referred to as 'the Act'), for the assessment year 1991-92, so far as it relates to the levy of interest. It has also challenged the vires of the provisions of Sections 234A and 234B of the Act.2. I do not think there is any substance in the challenge to the vires of the provisions, for, as is evident from a plain reading of these provisions, they are not penal in nature and, therefore, no element of arbitrariness or violation of rules of natural justice, as alleged, can be attached to them. They merely provide for payment of interest by an assessee who commits default in furnishing the return either under Section 139(1) or Section 139(4), or in response to a notice under Section 142(1) of the Act has either failed to pay the advance tax or the advance tax already pai...
Shyam Agarwal Vs. State of Bihar and ors.
Court: Patna
Decided on: Nov-03-1995
N. Pandey and Amir Das, JJ.1. Petitioner, who is the proprietor of VIP Home, situated at Anand Bazar, Main Road, Ranchi has by means of this writ application under Article 226 questioned the validity of seizure, conducted on 10.10.1995 by respondent Nos. 3 to 6, of several documents including books of accounts, sale register etc., relating to various transactions, as also for quashing the notice issued under Section 33(5)(a) of the Bihar Finance Act. (in short the Act'), whereby the petitioner was asked to show cause as to why a penalty be not imposed as per the provisions of law.By an amendment petition, a prayer has also been made for quashing the order dated 16.10.1995, whereby, respondent No. 4 in exercise of his power, conferred under Section 33(5)(b) of the Act has imposed penalty to the extent of three time, amounting to Rs. 19,068.00 (rupees nineteen thousand and sixty eight only).2. The grievance of the petitioner is that the business premises admittedly situated within the j...
Conveyor and Ropeway Services Vs. State of Bihar and ors.
Court: Patna
Decided on: Nov-03-1995
N. Pandey and S.K. Chattopadhyaya, JJ.1. This writ application has been filed for quashing the orders of assessment, passed by the Commercial Tax Officer, Urban Circle, Dhanbad for the period 1984-85 to 1991-92, as contained in Annexure-4 series.2. The case of the petitioners is that as per the terms of agreement, the goods were sent to respondent Nos. 4 and 5 from outside Bihar. It is alleged that the assessing authority without assigning any reason, rejected the claim of the petitioners and held that such sale be deemed to have taken place at Dhanbad. Therefore, a declaration has been sought that the addition to sale, which took place in the course of inter-State trade in Gross Turn Over of the petitioners was improper and without jurisdiction. Accordingly, orders of assessment passed by respondent No. 3 after such addition was illegal.3. It is claimed that sales tax payable on such goods was already paid at Calcutta and, accordingly. 'C' Certificate was also produced. But inspite o...
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