Patna Court August 1996 Judgments
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Muneshwar Prasad and anr. Vs. Board of Revenue and ors.
Court: Patna
Decided on: Aug-14-1996
M.Y. Eqbal, J.1. In this writ petition, the petitioners have prayed for quashing of the proceeding in Land Ceiling Case No. 234 of 1975-76 of the Court Additional Collector, Motihari, including the draft statement dated 21.12.1982 prepared in pursuance of the order under Section 10(2) of the Bihar Land Reforms (Fixation of Ceiling Areas and Acquisition of Surplus Land)' Act, 1961 (hereinafter referred to as 'the said Act'). The prayer has also been made for setting aside the ex parte order dated 23.2.1983 passed by the Additional Collector (respondent No. 1) for preparing a final publication contained in Annexure 4, notification No. 214 dated 19.2.1985, a copy of which has been marked as Annexure 6 to the writ petition.2. Petitioner No. 2 is the wife and petitioners 3 to 6 are sons of petitioners No. 1. According to the petitioners there was partition in their family in 1955 and two brothers of petitioner No. 1 separated from him and he settled in the district of East Champaran and hi...
Ganesh Pd. Sarawgi and ors. Vs. State of Bihar and ors.
Court: Patna
Decided on: Aug-14-1996
Loknath Prasad, J.1. All these five criminal miscellaneous applications were taken up together as common question of law and facts are involved and this common order will dispose of all these applications which were preferred under Section 482, Cr. P.C.2. In Crim. Misc. 3621/96 R, Ajay Kumar Sarawgi, in Crim. Misc. 3627/96R Ramesh Chandra Patel; in Crim. Misc. 3668/96R Ganesh Pd. Sarawgi; in Crim. Misc. 3536/96R Prabhash Chandra Jaiswal and in Crim. Misc. 3555/96R' Samir Kumar Mitra are the petitioners.3. All these applications were preferred for quashing the order dated 13-6-96 initiated by opposite party No. 2 the S. D. M. Khunti. In Misc. case Nos. 330/96, 328/96,426/96,312/96 of 1996 and 327/96 respectively through which the proceeding under Section 133, Cr. P.C. was drawn up by the opposite party No. 2 as against the petitioners and a conditional order was passed for removal of nuisance in due course of their trade and occupation which are injurious to the health or physical comf...
Nand Kishore Singh Etc. Vs. the State of Bihar and ors.
Court: Patna
Decided on: Aug-07-1996
Radha Mohan Prasad, J.1. The First writ petition, in which the petitioner who is an Advocate of this Court and has appeared in person has alleged failure on the part of the Government of Bihar to perform democratic and Constitutional duties including the one contained in part IX of the Constitution of India and thus, according to him it is not being run in accordance with the provision of the Constitution. Accordingly, the petitioner has prayed for issuance of a Writ in the nature, of writ of mandamus commanding the Union Government to act in terms to Article 355 and/or 356 of the Constitution of India to ensure that the Government of Bihar is run an accordance with the provisions of the constitution and to issue a writ of prohibition or quo warrant to or any other appropriate writ restraining and or commanding the special officer of Chapra Municipality (dissolved on 23.6.1995) (respondent No. 3) from acting and exercising powers in the said capacity after 22.12.1995, by which date th...
Alakhdeo Singh and ors. Vs. State of Bihar and ors.
Court: Patna
Decided on: Aug-06-1996
J.N. Dubey, J.1. This writ petition is directed against the order dated 28.11.1991 of the respondent No. 2, the Joint Director of Consolidation, Gaya.2. It appears that the petitioners filed objections under Section 10(2) of the Bihar Consolidation of Holdings and Prevention of Fragmentation Act, 1956 (for short 'the Act') challenging the correctness of the statement of principles prepared by the consolidation authorities under Section 9-A, which were dismissed by the respondent No. 4, the consolidation officer (Central Range), Imanganj on 28.7.1986. They filed appeals which were also dismissed by the respondents No. 3, the Deputy Director of Consolidation (Central Range) Gaya on 31.3.1987, thereafter they filed revisions to the respondent No. 3 the Joint Director of Consolidation, Gaya.3. The respondent No. 16, Sahdeo and the respondent No. 17, Jagat Singh, who had neither filed objection under Section 10(2) of the Act nor appeal, filed revisions to the respondent No. 2, claiming co-...
National Insurance Co. Ltd. Vs. Smt. Malti Devi and ors.
Court: Patna
Decided on: Aug-05-1996
Prasun Kumar Deb, J.1. These two appeals have arisen out of the same judgment and award dated 23.7.1992 passed by Shri P.N. Yadav, 3rd Additional District Judge-cum-Additional Claims Tribunal, Hazaribagh, whereby compensation of Rs. 1,45,000/- together with interest at the rate of 12 per annum has been awarded in favour of the claimants and it was ordered that the same amount should be paid half and half by the insurer, namely, M/S. National Insurance Company Limited of Trekker No. 8PM 1755 and the owner of Ambassador Car bearing registration No. MRF1306 as the accident was held due to composite negligence of both the vehicles.2. The accident occurred on 24.11.1987 when the deceased Shyam Sunder Mishra travelling in the above mentioned trekker met with an accident when the trekker and the above-mentioned Ambassador car collided. The injured Shyam Sunder Mishra was then shifted to Rajendra Medical College Hospital, Ranchi wherein he died due to the injuries on the next day i.e. on 25.1...
New India Assurance Co. Ltd. Vs. Maimun Nisha and ors.
Court: Patna
Decided on: Aug-05-1996
P.K. Deb, J.1. This appeal has been preferred by the above named insurance company under Section 173 of the Motor Vehicles Act, 1988 challenging the award of compensation granted in favour of the claimants-respondents in Compensation Case No. 71 of 1990 by 3rd Addl. Dis trict Judge-cum-Motor Accidents Claims Tribunal, Singhbhum (West) Chaibasa.2. The predecessor of the claimants was a coolie in the offending vehicle truck No. BHN 8540 and he was having his monthly income at Rs. 600/-. The truck in question met with an accident when the driver of the vehicle lost control over the same and it was overturned near village Nawada due to mechanical defects. The deceased sustained severe injuries and he died almost instantaneously at the spot itself. Learned court below held that the accident occurred due to negligence of the driver and as such held that the claimants are entitled to compensation. While assessing the compensation, dependency was calculated at Rs. 400/-per month and yearly de...
New India Assurance Co. Ltd. Vs. Maimun Nisha and ors.
Court: Patna
Decided on: Aug-05-1996
P.K. Deb, J.1. This appeal has been preferred by the above named Insurance Company Under Section 173 of the Motor Vehicles Act, 1988 challenging the award of compensation granted in favour of the claimants-respondents in Compensation Case No. 71/1990 by the 3rd Addl. District Judge-cum-Motor Vehicles Accident Claims Tribunal, Singhbhum (West) Chaibasa.2. The predecessor of the claimants was a Coolie in the offending vehicle truck No, BHN 8540 and he was having his monthly income at Rs. 600/-. The truck in question met with an accident when the driver of the vehicle lost control over the same and it was overturned near village Nawada due to mechanical defects. The deceased sustained severe injuries and he died almost instantaneously at the spot itself. Learned Court below held that the accident occurred due to negligence of the driver and as such held that the claimants are entitled to compensation While assessing the compensation dependency was calculated at Rs. 400/- per month and Y...
Koshi Project Workers Association and ors. Vs. State of Bihar and ors.
Court: Patna
Decided on: Aug-02-1996
N.K. Sinha, J. 1. In this writ petition the petitioner Nos. 4 to 37 who are workmen of Water Resources Department of the State Government seek quashing of their transfer orders (Annexures 19, 20, 21, 22, 23, 24, 36, 37, 38, 39, 41 and 42) issued by the respondents-employer in between June 28, 1993 and September 9, 1994. The quashing is sought on the ground that they are office bearers of one or the other of the three Associations (Petitioner Nos. 1, 2 and 3) and the impugned orders are in violation of the tripartite agreement dated November 28, 1994 (Annexure 1) having statutory force and ultra vires the provisions of the Industrial Disputes Act, 1947 (hereinafter 'the Act'). The petitioners also pray for issue of mandamus for payment of their salary and direction to the respondents to discharge their duties and obligations under the Act. 2. Only such of the facts as are necessary to resolve the controversy need be noticed. Petitioner Nos. 4 to 37 are holding non-gazetted posts, such...
New India Assurance Co. Ltd. Vs. Jamuna Devi and ors.
Court: Patna
Decided on: Aug-02-1996
M.Y. Eqbal, J.1. This appeal is directed against the order dated 23.9.1992 passed by the 3rd Additional District Judge, Madhubani, in claim case No. 8 of 1987, whereby the learned Judge (hereinafter referred to as 'the Claims Tribunal') in purported exercise of his power modified the judgment and award dated 26.2.1992 and has held that the entire amount of compensation is payable by the appellant insurance company.2. In order to appreciate the case, it is necessary to state a few facts. Claim case No. 8 of 1987 was filed by the claimants-respondents in the court of the District Judge, Madhubani, claiming compensation of Rs. 3,00,000/- on account of death of Ram Chandra Sharma, son of opposite party No. 1, who met with an accident on 13.4.1987 caused by rash and negligent driving of a bus bearing registration No. BPE 3675 owned by respondent No. 10, which vehicle was running from Muzaffar-pur to Benipatti as Prabhat Travels. The said bus dashed against the motor cycle owned by the dece...
Commissioner of Income-tax Vs. Neba Ram Hansraj
Court: Patna
Decided on: Aug-01-1996
1. The following questions of law arising from the assessment year 1985-86, have come to this court at the instance of the Revenue on a reference under section 256(2) of the Income-tax Act, 1961 : ' (i) Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal having held that a decision of the Supreme Court CIT/CEPT v. Shamsher Printing Press : [1960]39ITR90(SC) supports the Revenue's case, was justified in law in not following the decision of the Supreme Court in CIT/CEPT v. Shamsher Printing Press : [1960]39ITR90(SC) (ii) Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal having held that tenancy right is not goodwill was justified in following the decision of the Delhi High Court in Bawa Shiv Charan Singh v. CIT : [1984]149ITR29(Delhi) (iii) Whether, on the facts and in the circumstances of the case, the amount received for surrender of tenancy right is a revenue receipt liable to tax ? (iv) Whether, ...
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