Patna Court May 1996 Judgments
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Ashok Kumar Agrawalla Vs. State of Bihar and ors.
Court: Patna
Decided on: May-22-1996
P.K. Deb, J.1. A Division Bench of this Court, vide order dated 2.3.1993 has referred this case for consideration by a larger Bench as the Divisional Bench differed with the ratio of two decisions of this Court by Division Benches in CWJC Nos. 298 of 1993 (R) and 777 of 1992(R).2. Short facts of the case are necessary to be stated for the purpose of appreciating the legal points involved. The petitioner is the proprietor of M/S Gopal Bhandar which deals in whole sale food grains having its place of business at Kirkand in the district of Dhanbad. He is having a licence under the Bihar Trade Articles (Licence Unification) Order, 1984 (Hereinafter referred to as 'the Unification Order'), being licence No. 45/85. The Market Committee, Dhanbad set up under Bihar Agricultural Produce Market Act, 1960 (hereinafter referred to as 'the Act'), through its Secretary were pressing upon the dealers of the food grains in the Market area of Dhanbad for shifting their respective establishment at Kirk...
Ganga Solvent and ors. and Hanuman Rice and Oil Mills and ors. Vs. Sta ...
Court: Patna
Decided on: May-21-1996
R.N. Prasad, J. 1. The petitioners have filed this application for quashing the entire criminal proceedings pending against them in Complaint Case No. 8 of 1990/TR 1914/1990 pending before Special Judge (Economic Offences), Muzaffarpur, including the order dated January 19, 1990, whereby cognizance against them has been taken for the offence under Section 276B of the Income-tax Act, 1961. Opposite party No. 2 filed a complaint case against the petitioners alleging therein that the petitioners deposited the tax deducted at source after a delay of 45 days. On theaforesaid complaint petition cognizance against the petitioners has been taken for the offence under Section 276B of the Income-tax Act, 1961, by the impugned order.2. Learned counsel for the petitioners contended that the allegation is of delay in payment of tax deducted at source amounting to Rs. 11,680 and the interest thereon is within Rs. 200.3. The petitioners have filed a supplementary affidavit today in court annexing th...
Shashi Kumar Sinha Vs. Election Commission of India and anr.
Court: Patna
Decided on: May-21-1996
N. Pandey and B.P. Sharma, JJ.1. This petition under Article 226 of the Constitution is for an appropriate writ, quashing Notification No. 495/V.R.H.P.-35/96, contained in Memo No. 814 dated 9th May, 1996 and the other Notification No. 495/V.R.H.P.-35/96, contained in Memo No. 826 dated 10th May, 1996 (Annexure 1 and 2 respectively), whereby and whereunder, the Election Commission of India (respondent No. 1) in exercise of its power, conferred under Section 58A(2)(a) of the Representation of the People Act, 1951 (in short 'the Act'), in spite of mass scale booth capturing and malpractices during the election of 35, Patna Parliamentary Constituency to the Lok Sabha, had ordered for repoll only at 700 booths, covering entire Danapur and Patna West Assembly Constituency, A prayer has also been made to command the said authority by a writ of mandamus or any other appropriate order or direction to discharge its statutory obligation, as contemplated under the aforesaid provision of the Act ...
Shubh NaraIn Pandey and ors. Vs. State of Bihar
Court: Patna
Decided on: May-21-1996
Bisheshwar Prasad Singh and P.K. Sarkar, JJ.1. The appellants herein have appealed against their conviction and sentence in S.T.D. No. 501/90, 26/90 by the 4th Addl. Judicial Commissioner, Ranchi, by the judgment and order dated 29th February, 1992. Appellants 1 to 3 area the brothers and appellant No. 4 is their father. Appellant No. 1 Shubh Narayan Pandey has been found guilty of the offence under Section 302 IPC and sentenced to life imprisonment. Appellants 2 and 3 have been found guilty of the offence under Sections 302/34 IPC and have also been sentenced to life imprisonment. Appellant No. 4 having been found guilty of the offence under Section 302/114, has also been sentence to undergo imprisonment for life.2. The Sessions Trial arose out of an occurrence said to have taken place at 5.25 a.m. on 25.7.1990 at Sharma Road, near Dhurwa Bus Stand, in which one Akshaywat Kumar Singh, brother of the informant P.W.2 lost his life, on account of the injuries caused to him by a sharp cu...
Bharat Prasad Choudhary and Shambhu Prasad Vs. Union of India (Uoi) an ...
Court: Patna
Decided on: May-20-1996
1. As common points of law are involved in all the writ petitions, they have been heard together and disposed of by this common order at the stage of admission, as agreed by the parties.2. Shri Bharat Prasad Choudhary, petitioner in C. W. J. C. Nos. 5038 of 1996, 5039 of 1996 and 5040 of 1996, has challenged a common order dated November 8, 1995, passed by the Commissioner of Income-tax (Appeals), Patna, by which earlier order dated March 1, 1995, has been withdrawn and assessments relating to the periods 1990-91, 1991-92 and 1992-93 have been confirmed. As a result, it has been held that the 'purchase price' will include excise duty for the purpose of Section 44AC of the Income-tax Act, 1961.3. So far as the petitioner, Shambhu Prasad, is concerned, he has challenged the assessment orders dated March 1, 1993, and March 4, 1993, as well as notice of demand to that effect. By the aforesaid orders, assessments for the periods 1990-91 and 1991-92, the assessing authority has included exc...
Lal Babu Yadav and ors. Vs. Ram Bilash Rai and ors.
Court: Patna
Decided on: May-20-1996
Nagendra Rai, J. 1. The defendants first set and second set have filed the appeals against the judgment and decree dated 14th May, 1991 passed by 2nd Additional District Judge, Patna setting aside the judgment and decree dated 3-11-1983 passed by Addl. Sub-Judge II, Patna in Title Suit No. 242 of 1977/075 of 1981 dismissing the suit filed by the respondents. 2. At the stage of hearing under Order 41, Rule 11 of the Code of Civil Procedure (in short the Code) itself the plaintiffs respondents appeared and as such the parties have been heard and the appeals are being disposed of at this stage. 3. The pnlaintiffs-respondents had filed the suit for declaration of title and confirmation of possession and in the alternative for recovery of possession with regard to the lands detailed in Schdeules A and B of the plaint. Schedule A contain lands of Kata No. 121, Plot No. 148 area 10 decimals and Schedule B contains land of Khata No. 275 Plot Nos. 149 and 152, Khata No. 87 Plot No. 150 and Kh...
Commissioner of Wealth-tax Vs. Nathmal Jalan
Court: Patna
Decided on: May-16-1996
1. The assessee purchased 0.19 acre land corresponding to 6 kathas according to local measurement units some time in 1970. The land contained 12 mango trees. He included the value of the said land in the returns of net wealth filed for the assessment years 1970-71 to 1976-77. As, however, the land contained mango trees, he claimed exemption from assessment in terms of Section 5(1)(iva) of the Wealth-tax Act, 1957, on the ground that it was agricultural land. The Wealth-tax Officer got enquiry made by the Income-tax Inspector and concluded on the basis of his report that the same was not agricultural in nature. He, therefore, declined to exclude the value of the land from the net assets. The assessee preferred appeal before the Appellate Assistant Commissioner who too did not accept his case. On further appeal to the Income-tax Appellate Tribunal, the learned Members of the Tribunal differed in their views. The Vice President of the Tribunal on reference agreed with the views of the A...
Birsa Oraon Vs. State of Bihar
Court: Patna
Decided on: May-16-1996
S.K. Chattopadhyaya and N.N. Singh, JJ.1. The sole appellant, being aggrieved by the judgment and order of conviction and sentence, dated 24th April, 1993 and 26th April, 1993, respectively, passed by the 6th Additional Commissioner, Ranchi, has preferred this appeal.2. According to the prosecution case, , the appellant was a friend of the deceased, Pancham and at about 8 p.m. on 11.5.90, he came to the house of Pancham and called him. Both of them left the housed and after 10-15 minute of their departure, the further of the deceased (P.W.1) heard the sound of Pancham as 'Baehao-Bachao'. He alag with other family members, rushed towards the 'Akhara' and saw that the appellant was assaulting Pancharn by 'Tangi'. On Seeing the family members, the appellant fled away from the place of occurrence. Pancham died at the spot. It is the case, of the prosecution that the appellant and the deceased were Homeguards and enmity between was not known to the informer on' 12.5.90 at 11 hours, Ferdbey...
industrial Corporation Pvt. Ltd. and Etc. Vs. State of Bihar and ors.
Court: Patna
Decided on: May-15-1996
D.P. Wadhwa, C.J. 1. The principal question which requires determination in this batch of 13 writ applications is if the State can levy penalty for loss or wastage of molasses, and if so, under which law and to what extent. The Act involved would appear to be the Bihar Molasses Control Act, 1947 (for short 'the Molasses Act'). 2. To illustrate the petitioner in C. W.J. C. No. 6845 of 1989 is engaged in the manufacture/ production of spirit in its distillery at Lauriya under a licence issued to it in Form No. 28A, which licence, as noted above, is for the manufacture of spirit in the distillery for use in the manufacture of chemical and for industrial, scientific and other purposes. On May 25, 1989, the Commissioner, Excise, Bihar, gave a notice to the petitioner to deposit an amount of Rs. 72,96,135/- by way of penalty in the Government Treasury within fifteen days of the receipt of the notice. The petitioner was also required to show cause as to why its licence be not cancelled for ...
Nand Kumar and Brothers and anr. Vs. Ram Prasad Rajak
Court: Patna
Decided on: May-15-1996
P.K. Deb, J.1. This Revision petition has been preferred by the abovenamed petitioners, who happened to be the defendant-tenant in Eviction Suit No. 35 of 1989 before the 3rd Addl. Munsif, Giridih. 5ofl9902. The suit for eviction was instituted on 17.11.1989 by the Opposite Party as plaintiff under Section 14 of the B.B.C. Act claiming the relief of eviction of the defendants-petitioners from the building premises consisting of two pucca rooms being a portion of holding No. 447/A, 447/A-1 and 447/B of ward No. 2 (old) corresponding to Ward No. 5 (new) of Giridih Municipality situated at Makatpur within the Giridih township. On the ground floor of the building, there are three parts. The plaintiff-Opposite party runs a Laundry in the name and style of Azad Hind Loundry and the other two portions were occupied by the petitioners-defendants on the extreme other portion and in between the plaintiff and defendants, another tenant Harish Chandra Bagga, who runs the business of cloth in the ...
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