Patna Court January 1996 Judgments
Punjab National Bank Vs. Central Kirkand Coal Co. Ltd. and Bharat Mini ...
Court: Patna
Decided on: Jan-31-1996
P.K. Deb, J. 1. Both these revision petitions are taken up together as the impugned order are similar in both the cases.2. Title Suit No. 50/74 was filed by the petitioner, Punjab National Bank against the Central Kirkand Coal Co. Ltd. and others for realisation of Rs. 2,28,488.40p. along with interest etc. Similarly, the same plaintiff-petitioner, Punjab National Bank filed Title Suit No. 51 of 1974 against Bharat Mining Corporation Ltd. and others for realisation of Rs. 16,41,743.65p, along with other reliefs.3. Both these cases are pending in the court of Sub Judge at Dhanbad. Regarding the maintainability of such suits, there were controversial judgments by this Court. The Colliery owners had raised the question in such suits to the effect that in view of the provisions of Cooking Coal Mines (Nationalisation) Act, 1.972, the jurisdiction of the civil court to entertain the claims of the creditors and others is barred and such claim can only be raised before the Commissioner of Com...
Tag this Judgment!Atta HussaIn Khan Vs. Smt. Lutni Devi
Court: Patna
Decided on: Jan-31-1996
P.K. Deb, J. 1. This Revision petition has been preferred against the order dated 20.2.1991 passed by learned Munsif, Koderma in Misc. Case No. 17 of 1985.2. The brief facts of the case are as follows. The petitioner as plaintiff filed the Title Suit No. 15/1980 before the Court of Munsif, Koderma at Hazaribagh for declaration of title and cancellation of the sale deed. According to the petitioner, after service of summon, the defendant did not appear and ultimately the suit was decreed ex parte on 26.6.1980. On the basis of the ex-parte decree, the petitioner proceeded with execution of the decree in Execution case No. 1 of 1985 and the same was filed on 7.1.1985. On a notice being issued under Order XXI Rule 22 C.P.C. The Opposite party-judgment debtor appeared before the executing Court on 23.3.1985. According to the petitioner the cost decree was paid by the judgment. debtor-Opposite party on 4.7.1985, although, this point is controverted from the side of the Opposite party. Then...
Tag this Judgment!Raj Kishore Sharma Vs. Smt. Bimla Sharma
Court: Patna
Decided on: Jan-31-1996
R.N. Sahay, J.1. This appeal has been preferred under Section 28 of the Hindu Marriage Act, 1955 whereby the appellant-husband has challenged the decree in the Matrimonial Court dismissing the application filed by the appellant under Section 13(1)(iii) of the Hindu Marriage Act. The parties were married at and started living with her husband at Birsanagar in the town of Jamshedpur. A child was also borne out of the wed-lock.2. The husband's case is that respondent was suffering from unsoundness of mind which according to the appellant was evident from the fact that she was once admitted at Central Institute of Psychiatry, Ranchi where she was treated by Dr. A.B. Mukherjee for psychopathic disorder and in support of that relevant documents were filed before the court Below. The appellant alleged that the respondent became dangerously lunatic. She even attempted to strangulate her child. The husband cited instances of abnormal behaviour of respondent from which it is established that sh...
Tag this Judgment!Jogindar Singh and ors. Vs. State of Bihar and ors.
Court: Patna
Decided on: Jan-30-1996
D.P. Wadhwa, C.J.1. These two writ applications [C.W.J.C. No. 3733 of 1993 (R) and C.W.J.C. No., 3951 of 1993(R)] are being disposed of by this judgment.2. The first writ application has been filed by Johal Tractors, a partnership firm and two of its partners, Surjit Singh and Devinder Singh seeking writ, order or direction for quashing the order dated 5.7.1991 of the second respondent, the Member Board of Revenue, Bihar and also for cancelling the order seizing the properties of the petitioners and for their return. The Member, Board of Revenue by his order had dismissed the appeal filed by Johal and Company, who is the petitioner in the second writ application, confirming the order of the authorities below holding Johal and Company liable for shortage of foreign liquour in its warehouse and demanding duty of excise amounting to Rs. 28,11,997.08 paise. It would appear, in terms of this order the authorities seized certain properties which Johal Tractors claim to be their's towards th...
Tag this Judgment!Nago Viswakarma Vs. Smt. Sabitri Devi and ors.
Court: Patna
Decided on: Jan-30-1996
Prasun Kumar Deb, J.1. The impugned order dated 16.10.1993 passed by Subordinate Judge-III, Ranchi, in Partition Suit No. 144 of 1981 relates to substitution of Smt. Sabitri Devi (opposite party No. 1) in place of original defendant No. 7, Smt. Anar Devi.2. One Sukul Biswakarma husband of plaintiff No. 1 Parwati Devi and Ganesh Viswakarma filed the aforementioned Partition Suit No. 144 of 1981 against the defendants-opposite parties for partition of the suit properties situated at Old Gurdri, 2nd Street, Ranchi, within Municipal Ward No. V, Holding No. 329, Plot No. 206 measuring an area of 0.54 decimal. The suit was contested by the parties. Ultimately the suit was decreed in terms of the reliefs claimed therein and the defendant No. 7 Anar Devi was held to be entitled for 1/5 the share in the suit properties. A preliminary decree was prepared on 8.4.1993.3. The defendants-opposite parties filed First Appeal No. 59 of 1983(R) before this Court against that preliminary decree but the...
Tag this Judgment!Guru Prasad Vs. Sadhu Sharan Prasad
Court: Patna
Decided on: Jan-30-1996
P.K. Deb, J.1. This Revision petition has been preferred against the judgment and decree passed in Money Appeal No. 3 of 1984 by which the appeal was allowed reversing the judgment and decree passed by the Munsif, Garhwa in Money Suit No. 4 of 1976.2. Originally against the appellate judgment and decree. Second Appeal was preferred, but considering the pecuniary limit the Second Appeal was converted into a Civil Revision as per Order of this Court.3. Plaintiff-petitioner filed the suit for realisation of Rs. 544/- from the defendant on the basis of a promissory note and a receipt in support thereof dated 9.3.1973. The plaintiff's case is that on being approached by the defendant, he had lent amount of Rs. 400/- and the defendant executed a promissory note and a receipt thereof to repay the amount of payment being made from the side of the plaintiff with an interest at the rate of Rupee 1/- per month. Before filing of the suit, plaintiff served a Pleader notice, but the defendant did n...
Tag this Judgment!Deputy Commissioner of Vs. Bihar State Leather Development
Court: Income Tax Appellate Tribunal ITAT Patna
Decided on: Jan-24-1996
1. This is an appeal, filed by the Department, against an order of the CIT (A), cancelling levy of a penalty under section 271B, amounting to Rs. 84,763.2. The Assessing Officer (A. O.) found that the turnover of the assessee-company was Rs. 1,69,52,507. Since it exceeded Rs. 40 lacs, there was a mandatory requirement to obtain an Audit Report, as prescribed under section 44AB of the Income-tax Act, 1961. In absence of such a report, a notice was issued to show cause why penalty should not be levied under section 271B of the Act, The assessee replied that as per section 619 (2) of the Companies Act, the Auditor was to be appointed by the Comptroller date or reply, i.e., 13-5-1991. The assessee was, therefore, prevented by sufficient and reasonable cause for not furnishing the Audit Report under section 44AB of the Act. It was stated that a similar penalty, imposed in the case of Bihar State Food & Civil Supply Corporation for Assessment Year (A. Y.) 1985-86, was deleted by the CIT...
Tag this Judgment!National Insurance Company Limited Vs. Kedar Prasad Yadav and ors.
Court: Patna
Decided on: Jan-24-1996
P.K. Deb, J.1. The award granted in Claim Case No. 104/90 by judgment dated 9.3.1994 by the 1st Additional Claims Tribunal, Hazaribagh has been assailed in this appeal by the Insurance Company as mentioned above.2. The claimant, Kedar Prasad yadav was a Khalashi-cum-spare driver in the Mini bus Tata-407 No. BR-13(1) 2223 under the joint owners, O.P. Nos. 1 and 2. on 3.1.1990 at about 5 A.M. the said vehicle was coming from Kodarama Railway Station to Hazaribagh and the claimant was travelling in the said bus in course of his employment. It is alleged that the vehicle was running in a very high and excessive speed and due to rash and negligent driving, when the vehicle reached near Homeguard training camp, few miles north of Hazaribagh, it went to the extreme right side of the road and dashed against a tree as a result of which the driver and the several passengers of the bus died at the spot and some in hospital and the claimant also received severe injuries on his person. It has fur...
Tag this Judgment!Rollwell Enterprises Vs. B.S.E. Board and ors.
Court: Patna
Decided on: Jan-22-1996
S.K. Chattopadhyaya, J.1. The orders of respondent No. 2, General Manager-cum Chief Engineer dated 25.2.95 and 11.6.93 as contained in Annexures 1 and 3 respectively have been impugned in this writ application. A further prayer has also been made to direct the respondents to grant proportionate remission to the petitioner on account of maximum demand charges and interest thereon.2. The petitioner, a firm, a consumer of High Tension electricity under the respondents-Board. By order dated 25.2.95 respondent No. 2 allowed remission on account of Annual Minimum. Guarantee charges but refused to grant any remission in respect of maximum demand charges for the periods 1991-92,1992-93 and 1993-94. The petitioner represented, after receipt of the aforesaid order, praying therein to allow remission on account of maximum demand charges but the said request has been turned down by respondent No. 2 by his order as contained in Annexure-3.3. Mr. Ragarhia, learned Counsel appearing on behalf of the...
Tag this Judgment!Bihar Rajya Khadi Gram Udyog Board Karyakarta Sangh and ors. Vs. State ...
Court: Patna
Decided on: Jan-18-1996
1. The petitioners herein have prayed for issuance of a writ, order or direction commanding the respondent State of Bihar and its officials, including respondents 1 to 4 herein, to release immediately funds in favour of respondent No. 5, Board, to enable it to meet its establishment expense for the financial year 1993-94, and such arrears relating to previous years which are payable by the State. They have also prayed for an order directing the State of Bihar and its officials to sanction, the annual programme, including the annual schedule of the officers an servants of the Board prepared and submitted by the respondent-Board, within the stipulated time-frame, so that there is no delay in actual release of the funds by the State Government for meeting the expenditure of the establishment of the respondent Board. Petitioner No. 1 herein is the Bihar Rajya Khadi Gram Udyog Board Karyakarta Sangh which espouses the cause of its members numbering 314, who are employeesof the respondent ...
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