Patna Court March 1996 Judgments
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Bhriguram Pathak and ors. Vs. Bhagwati Kuer Alias Bhagwati Devi and or ...
Court: Patna
Decided on: Mar-12-1996
Gurusharan Sharma, J.1. Arun Nath and Alam Nath were full brothers. Arun Nath died leaving behind his two sons-Amar Nath and Ajit Nath. Amar Nath left behind a son Bindeshwar Nath. Ajit Nath died leaving behind his widow Antav Kuer and three daughters namely Balamrit, Bhanumati and Bhawani. Bindeshwar Nath died leaving behind his widow Bhagwati Kuer. Alam Nath left behind his sons Achint Nath and Asankh Nath. Achint Nath died issue-less and Asankh Nath left behind his only son Biraj Nath.2. On 21.5.1962, Birajnath executed a sale deed with regard to his undivided share in the suit property in favour of Rameshwar Pathak, who filed Partition Suit No. 105 of 1962 in the court of Subordinate Judge, for partition of his half share in the suit property. Bhagwati Kuer was impleaded as defendant No. 17 three daughters of Ajit Nath as defendants No. 2, 3 and 7 husband and two sons of defendant No. 3 as defendants No. 4 to 6.3. Three sets of written statement, one on behalf of defendant No. 1, ...
Pessa (India) Private Limited and anr. Vs. Smt. Asha Chachra
Court: Patna
Decided on: Mar-12-1996
Gurusharan Sharma, J.1. Smt. Asha Chachra, wife of Late Narendra Kumar Chachra of Jugsalai (Jamshadpur) is the owner of the building situated over plot No. 1823 under khata No. 384 at station road. She inducted M/s. Pessa (India) Private Limited as a tenant in the premises, consisting of two rooms measuring 364.83 sq. pt (Approx), on the main roadside at monthly rent of Rs. 800/-. The tenant paid a sum of Rs. 50,000/- as security money, which was refundable with interest, whenever vacant possession of the premises was demanded and on the other hand if the tenant handed over vacant possession to the landlady on or before the stipulated period, they were entitled to demand the said security money from the landly without interest after giving three months' advance notice for the said purpose. On 2.3.1983 a registered lease was executed between the parties and the tenancy was creates for a fixed period of ten years, commencing from the 1st of February, 1983 and ending on the expiry of the...
Arvind Kumar Vs. State of Bihar and ors.
Court: Patna
Decided on: Mar-12-1996
D.P. Wadhwa, C.J.1. Impugning the order dated 22.12.1995 passed in CWJC No. 3341/95.(R), the petitioner/appellant has preferred this L.P.A.2. In the writ application the orders dated 14.11.1995 and 15.11.1995 passed by the respondent Nos. 2 and 3 respectively were impugned, by reason of which the office and godown of the petitioner for storing liquified petroleum Gas (LPG) were sealed and closed. A prayer was also made for quashing the report dated 14.11.1995 (Annexure 4).3. The petitioner was granted a licence for distributing LPG to the consumers by the Indian Oil Corporation for the Municipality of Garhwa Town. The Deputy Collector of Garhwa was deputed by the Deputy Commissioner to supervise the distribution work of the petitioner. One Nathun Prasad Keshari lodged a complaint against the petitioner for doing black marketing in LPG and on the basis of the said complaint; the respondent No. 2 directed the Block Supply Officer and Supply Inspector to inspect all the documents and reg...
Sushil Kumar Modi and ors. Vs. State of Bihar and ors.
Court: Patna
Decided on: Mar-11-1996
Sachchidanand Jha, J.1. These writ petitions have been filed in public interest by individual citizens and organisations of different complexions, in substance seeking direction, to the Central Bureau of Investigation (CBI) to enquire and investigate the cases relating to fraudulent excess expenditures/drawals in the Animal-Husbandry Department of the Government.2. The crux of the petitioners' case is that the officers of the Animal Husbandry Department-Both at the district and the Secretariat levels-in collusion with the Treasury Officers Officers of the Finance Department at the Secretariat level with the blessings and support of the Government, systematically drew huge sums of money in excess of the grant, i.e. the financial sanction against fake allotment orders, vouchers, etc. According to the petitioners, because of the involvement and bias of the high-ups, fair investigation into-what has come to be known as Animal Husbandry Scam in the State, is not possible.3. The State does ...
Suleman Vs. State of Bihar and ors.
Court: Patna
Decided on: Mar-11-1996
S.K. Chattopadhyaya, J.1. Heard Mr. Jai Prakash, learned Counsel for the petitioner and Mr. Rajiv Kumar, JC to G.P.I. and also Mr. V. Shivnath, learned Government Pleader No. l.2. In this writ application, the petitioner has impugned the order dated 1.9.1995 as contained in Annexure 7 by reason of which he has been directed to refund the salary paid to him for the period 16.6.1988 to 30.6.1994 on the ground that his year of birth being 1930, he ought to have retired in the year 1988. The petitioner has also prayed for a direction to the respondents to correct the date of birth of the petitioner in the service book.3. On 16.4.1960, the petitioner was appointed as a Grade IV employee in the office of the Additional Collector in the Collectorate of Dhanbad. As per his School Leaving Certificate, (Annexure 2) his date of birth is 11.4.1940 which is subsequently supported/Confirmed by the Gradation List published by the authorities. In the Gradation List, the petitioner has been shown at s...
Ashis Mukerji Vs. Union of India and ors.
Court: Patna
Decided on: Mar-11-1996
D. P. WADHWA, C.J. :By this petition under Arts. 226 and 227 of the Constitution, the petitioner, the owner of certain property, seeks to challenge the order dt. 22nd Feb., 1995, of the Appropriate Authority passed under s. 269UD(1) of the IT Act, 1961 (for short, 'the Act'), under which the property of the petitioner was ordered to be acquired by the Central Government and subsequently possession was taken over.2. Before we examine the provisions of law and consider the arguments we may briefly note the salient terms of the agreement which led to the passing of the order under s. 269UD of the Act.This agreement is dt. 28th Jan., 1994, and is described as a development agreement. The petitioner is the party of the first part and Mahendra Developers Pvt. Ltd., respondent No. 3, of the second part. The petitioner is referred to as the land owner and the second party as the developer. The property which is the subject-matter of acquisition has been described as including 'a pucca residen...
Uday Mistanna Bhandar and Complex Vs. Commissioner of Income Tax and o ...
Court: Patna
Decided on: Mar-02-1996
RANCHI BRANCHD. P. WADHWA, C.J. :In these eight writ applications, we have heard common arguments. The questions raised are with respect of chargeability of interest under ss. 234A, 234B and 234C of the IT Act, 1961 (for short, 'the Act'). These sections were inserted by the Direct Tax Laws (Amendment) Act, 1987, w. e. f. 1st April, 1989. A Bench of this Court in Ranchi Club Ltd. vs . CIT : [1996]217ITR72(Patna) , while interpreting ss. 234A and 234B of the Act, held that interest under these sections should not be charged on excess tax as per income determined under ss. 143(3)/144 of the Act and said that interest under s. 234A was leviable on the tax on the total income as declared in the return. The correctness of this decision has been doubted before us by the Revenue and it has been submitted that the matter be referred to a larger Bench for an authoritative decision.2. While s. 234A deals with levy of interest for default in furnishing return of income, under s. 234B interest ha...
Padam Kumar JaIn Vs. Commissioner of Income-tax
Court: Patna
Decided on: Mar-01-1996
D.P. Wadhwa, C.J.1. On an application filed under Section 256(2) of the Income-tax Act, 1961, by the assessee, a Bench of this court directed the Tribunal to draft a statement of the case and refer the following question of law for a decision :'Whether, on the facts and in the circumstances of the case, the imposition of penalty of Rs. 11,352 under Section 271(1)(c) of the Income-tax Act, 1961, for the assessment year 1967-68 is legal and valid ?'2. As to how the reference has been called for we may note a few facts from the statement of the case sent by the Income-tax Appellate Tribunal, Patna Bench 'A', Patna. The assessee, it appeared, filed a suit for recovery of certain money due to him from the Public Works Department of the State of Bihar. The suit was decreed on September 13, 1965, in favour of the assessee for the sum of Rs. 52,386 with costs. The amount so decreed included interest to the extent of Rs. 11,352 for the period from February 8, 1961, to September 13, 1965. The a...
Rajendra Prasad Burman @ Verma and ors. Vs. Ram Nath Modi
Court: Patna
Decided on: Mar-01-1996
P.K. Deb, J.1 .This second appeal has been preferred by the above named appellants who were plaintiffs in original Title Suit No. 63/120 of 1983-87, wherein prayer was made by the plaintiffs having right to partition of their 1/6th share in the suit property as shown in Schedule-A of the plaint. The suit was decreed in the original court by the 6th Subordinate Judge, Ranchi, but on appeal being preferred by the defendants, who are now respondents in Title Appeal No. 51/88, the decree was reversed and the suit has been dismissed by judgment dated 25.7.1995.2. Briefly, the facts of the case are as follows:One Chatterjee family originally owned the suit property alongwith other and after the death of original owner Madhusudan Chatterjee, his three sons had inherited the property under the Dayabhaga school of law and on their death, the heirs of the three sons had sold the suit property by different registered sale-deeds to the predecessors of the present defendants in the year 1943. In t...
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