Patna Court August 1995 Judgments
Nitya Nand Sinha Vs. Khitism Chandra Ghosh
Court: Patna
Decided on: Aug-31-1995
S.K. Homchaudhuri, J.1. It is regrettable that this second appeal has been pending disposal in this Court for about 13 years. This case reveals the long legal battle between the land-lord and the tenant. While the Respondent-land-lord, an old person, after retirement from service, with the desire to occupy his residential house in the city, instituted the suit 18 years back, the tenant a local Advocate, successfully resisted the landlord, although he had built his own residential house in the city before institution of the suit.2. The plaintiff-respondent instituted Title Suit No. 103 of 1977 in the court of the learned Munsif for a decree for recovery of Khas possession of the suit premises fully described to the schedule of the plaint, after evicting the defendant-appellant therfrom. The case of the plaintiff was that the defendant was the tenant in respect of the suit premises for a specified period of eleven months commencing from 1.4.1976 at a monthly rental of Rs. 25/-. But afte...
Tag this Judgment!Daniel Oraon Vs. Shamim Ahmad and ors.
Court: Patna
Decided on: Aug-31-1995
S.K. Homchaudhuri, J.1. This appeal is directed against the judgment and order dated 17th March, 1990, passed by the learned Single Judge in C.W.J.C. No. 962 of 1984 (R).2. Undisputed facts in this case are that the land measuring 11.36 acres appertaining to Khata No. 34 of village Changatoli, P.S. Karra, District Ranchi, was recorded in the name of Nabi Munda, father of the appellant and others. The appellant, a member of Scheduled Tribes, made an application under Section 71A of the Chotanagpur Tenancy Act (hereinafter mentioned as the 'Act') for restoration of the possession of the said land. The claim of the appellant was resisted by Respondent No. 1, the petitioner in C.W.J.C. No. 962 of 1984 (R), contending, inter-alia, that the holding was sold in Execution Case No. 66R 9 of 1940-41 to Chaugatoli Co-operative Society on 10.3.1941 and the sale was confirmed on 29.8.1941. The Co-operative Society having surrendered the land, landlord settled the same with one Yukub Khan. As Yakub...
Tag this Judgment!Radha Kant Yadav Vs. State of Bihar and ors.
Court: Patna
Decided on: Aug-31-1995
Bisheshwar Prasad Singh, J.1. The petitioner herein has impugned the two notification both dated 17th May, 1995, whereby the Bihar State Hindu Regligious Trust Board as earlier constituted has been dissolved, and respondent No. 7 to 11 have been appointed as the members of the new Board, with respondent No. 7 as its President. They are Annexures-5 and 8 respectively. 2. The facts, in so far as they are relevant for the disposal of this writ petition, are not in dispute. The Bihar Hindu Religious Trust Board is a creature of the Bihar Hindu Religious Trusts Act, 1950 (hereinafter referred to as 'the Act') Under the Act, 1950 the Board with a President was envisaged as an elected body. The last such elected Board continued in office till functions of the Board were thereafter being carried on by Special Officers appointed by the State Government from time to time. This was challenged before this Court in a writ petition. This Court directed the State Government to reconstitute the Board...
Tag this Judgment!Murari Lal Kejriwal Vs. State of Bihar and anr.
Court: Patna
Decided on: Aug-30-1995
Dharampal Sinha, J.1. In this writ petition, the petitioner, Murari Lal Kejriwal, has made a prayer for issuance of a writ in the nature of writ of certiorari for quashing letter No. 13, 980 dated 14.12.1998 a copy of which is Annexure-1/A to this writ petition issued by the Respondent No. 2 the High Court of Judicature at Patna to the Government of Bihar for issuing necessary notification terminating the services of the petitioner, who was Additional District and Sessions Judge on probation and after amendment) for quashing a Notification No. 5293 dated 5th July, 1995 issued by the Department of Personnel Administrative Reforms, Government of Bihar, terminating the services of the petitioner with effect from 24.2.1995. in the light of recommendation of the High Court as contained in Annexure-1/A. There is also further prayer for issuing a writ in the nature of mandamus commanding the respondents not to interfere in day to day working of the petitioner as Additional District and Sessi...
Tag this Judgment!Rekha Kumari Vs. Oriental Insurance Co. Ltd.
Court: Patna
Decided on: Aug-29-1995
P.K. Deb, J.1. This petition has been made by the above named applicant under Section 24 of the Civil Procedure Code for transfer of Compensation Case No. 35 of 1993 from the Court of District Judge-cum-Motor Accidents Claims Tribunal, Hazaribagh, to that of the Judicial Commissioner-cum-M.A.C.T., Ranchi for expeditious and final disposal.2. It is the case of the petitioner that on 29.10.1992 at about 10.00 p.m. the petitioner's husband along with his family members started for going to Biharsarif from Ranchi by a Maruti van. When they reached near Tilaiya Dam at about 2.00 a.m. on 30.10.1992 it met with an accident on collision with a truck which was coming from the opposite direction and as a result of the said accident four occupants of the said Maruti van, namely, the petitioner's husband, her father-in-law, mother-in-law and one of her brothers-in-law died on the spot and two minor children received serious multiple injuries. The petitioner then filed the above-mentioned compensa...
Tag this Judgment!Enamul Horo Vs. Harbans Kaur
Court: Patna
Decided on: Aug-25-1995
P.K. Deb, J.1. This Revision petition has been preferred by the above-named judgment debtor-petitioner in Execution Case No. 4 of 1995 against the order dated 6.5.1995 passed by Shri N.C.Gupta, Sub-Judge, Vth, Inchargc, Jamshedpur, whereby and whereunder a writ of delivery of possession was issued for affecting the delivery of possession by deputing the police force.2. Title (Eviction) Suit No. 60 of 1986 was filed by the Opposite Party against the petitioner for a decree of recovery of possession of the suit premises after evicting the defendant. The suit was decreed on 30.7.1994 and decree was signed on 18.8.1994. Against that judgment and decree, the petitioner filed Eviction Appeal No. 22 of 1994 before the court of District Judge, Jamshedpur and also filed a Caveat under Section 148A C.P.C. on 7.10.1994 before the Court of Sub-Judge, Vth. In that Caveat proceeding, orders were passed, which has been annexed as Annexure-1. It was ordered and directed to the office that the Caveat ...
Tag this Judgment!Smt. Shibani Dutta Vs. Commissioner of Wealth-tax
Court: Patna
Decided on: Aug-19-1995
1. The Income-tax Appellate Tribunal (hereinafter referred to as the 'Appellate Tribunal'), under Section 27(1) of the Wealth-tax Act, 1957 (hereinafter referred to as the 'Act'), has referred the following question of law, which arose out of the order of the Appellate Tribunal, to this court for opinion :'Whether, on the facts and in the circumstances of the case, the Appellate Tribunal was justified in upholding the penalty levied against Smt. Shibani Dutta alone as legal representative of the late Bhutnath Dutta for the default of seven months from December 1, 1973 to June 30, 1974, for the assessment year 1971-72 and for the default of six months from December 1, 1973, up to May 31, 1974, for the assessment year 1972-73, under Section 18(1)(a) of the Wealth-tax Act, 1957 ?'2. The relevant facts leading to the above question of law are that one Bhutnath Dutta died intestate on November 9, 1972, and after his death his widow, Smt. Shibani Dutta, the assessee, as the legal representa...
Tag this Judgment!Smt. Shibani Dutta Vs. Commissioner of Income-tax (No. 1)
Court: Patna
Decided on: Aug-19-1995
S.K. Homchaudhuri, J. 1. The Income-tax Appellate Tribunal (hereinafter to be referred to as 'the Appellate Tribunal') under Section 256(1) of the Income-tax Act, 1961 (hereinafter to be referred to as 'the Act'), has referred the following question of law, which arose out of the order of the Appellate Tribunal to this court for opinion : 'Whether, on the facts and in the circumstances of the case, the Appellate Tribunal was justified in upholding the penalty levied against Smt. Shibani Dutta alone as legal representative of Bhutnath Dutta deceased for the default of six months from December 1, 1973, up to May 31, 1974, under Section 271(1)(a) of the Income-tax Act, 1961, relating to the assessment years 1972-73 and 1973-74 ?'2. For answering the reference, it is necessary to state the material facts leading to refer this question of law to this court for opinion.3. One Bhutnath Dutta died intestate on November 9, 1972, without filing the income-tax returns (hereinafter to be referred...
Tag this Judgment!Hem Chandra Malkani and anr. Etc. Etc. Vs. Ranchi University and ors. ...
Court: Patna
Decided on: Aug-16-1995
G.B. Patnaik, C.J.1. These six writ petitions involve common questions and were, therefore, heard together and are being disposed of by this common judgment. The petitioners in C.W.J.C. No. 1873 of 1991 (R) are lecturers in Commerce in Shree Satguru Jagjeet Singh Namdhari College, Garhwa. The petitioners in CWJC No. 1963 of 1990 (R) are also lecturers of the same College i.e. Satguru Jagjeet Singh Namdhari College, Garhwa, in different subjects like Chemistry, Botany, History, Political Science and Physics. The petitioners in C.W.J.C. No. 695 of 1990 (R) are lecturers of the said College in the Department of Economics, Urdu and English. The petitioner in C.W.J.C. No. 1354 of 1990 (R) are lecturers of the said College in Anthropology, Chemistry and Commerce. The petitioner in C.W.J.C. No. 1340 of 1990 (R) is lecturer in Zoology of the said College and the petitioner in C.W.J.C. No. 1433 of 1990 (R) is a lecturer in History in the said College.2. It is the common case of the petitioners...
Tag this Judgment!Girdhari Alias Chidu Mahto and ors. Vs. Lalman Mahto and ors.
Court: Patna
Decided on: Aug-14-1995
P.K. Deb, J.1. Heard learned Counsel for both the parties.2. This Misc. Appeal has been preferred under Order XLIII Rule I (u) of the Code of Civil Procedure against the order dated 29.3.1993 passed by 5th Additional Sessions Judge, Giridih in Title Appeal No. 129/88,. whereby and where under the order of dismissal recorded on the point of maintainability of the suit was set aside by allowing the petitioner filed by the plaintiff-appellant in that case for amendment of the plaint by adding Deputy Commissioner, Giridih as party-defendant and the case was remanded to the court below for disposal on merit.3. A suit was filed being Title Suit No. 105/87 before the Court of Munsif, Giridih by the respondents in this appeal as plaintiff for recovery of the possession. There being a specific provisions under the C.N.T. Act for adjudication of such nature of cases in presence of the Deputy Commissioner. Objections were raised in the written Statement filed by the defendants-appellants, but it...
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