Patna Court September 1996 Judgments
Mahakali Milling Company Pvt. Ltd. and Etc. Vs. Food Corporation of In ...
Court: Patna
Decided on: Sep-30-1996
M.Y. Eqbal, J. 1. In these writ petitions, the petitioners have come to this Court with a prayer to issue an appropriate writ of mandamus commanding the respondents to grant and disburse the quota of wheat to the petitioners in accordance with the policy-decision taken by the Food Corporation of India (hereinafter referred to as 'the F.C.I.') as communicated by their Fax/Telex message, a copy of which has been filed and marked Annexure-1 to the writ applications. 2. The grievance of the petitioners is that pursuant to the said policy-decision, the petitioners made applications along with the requisite amounts for supply of wheat from the concerned Depot but the respondents failed to do so. 3. The brief facts of the case are that the petitioners who are Roller Flour Mills and convert wheat into Atta, Maida, Suji and Gram. The F. C. I. from time to time had taken policy-decision for allotment of wheat in priority Sectors and others and have been allotting wheat to consumers as also the...
Tag this Judgment!Competent Authority (Acquisition) Vs. Smt. Lalita Todi and ors.
Court: Patna
Decided on: Sep-30-1996
D.P. Wadhwa, C.J. 1. This and connected appeals are directed against the order dated September 26, 1980, of the Appellate Tribunal passed under Section 269G of the Income-tax Act, 1961 (for short, 'the Act'), setting aside the order, passed by the competent authority under Section 269F of the Act by which order the competent authority directed acquisition of property consisting of 17.85 kathas of land and building bearing house No. 567/409 (new)/316 (old), Circle No. 6, Ward No. 2 at Exhibition Road, Patna, which was transferred to the appellants in all these appeals in small plots by Vijay Kumar and others. The order of the competent authority is dated November 11, 1974, and passed after obtaining the approval of the Commissioner of Income-tax, Bihar I, Patna, as required under Sub-section (6) of Section 269F of the Act. 2. Earlier when the order of acquisition had been passed by the competent authority, the transferee filed appeals before the Appellate Tribunal under Section 269G of...
Tag this Judgment!Md. Ibrahim Vs. Central Coal Field Ltd. and ors.
Court: Patna
Decided on: Sep-30-1996
R.N. Prasad, J.1. This writ application has been failed for quashing the order contained in letter dated 2.3.1996. Annexure 5. Whereby the petitioner was intimated by the respondents that he was to retire on 10.4.1996.2. The case of the petitioner is that he was appointed in the year, 1961. At the time of appointment, he submitted his Admit Card in support of his date of birth. In the Admit Card, the date of birth of the petitioner was mentioned as 11.11.1937. In 1987 the extract of details of entry in the service record was furnished to the petitioner. In the said document the date of birth was mentioned as 10.4.1936. The petitioner filed on objection before the respondents that his date of birth as mentioned in the service record is not correct. It should have been 11.11.37 instead of 10.4.1936 on filing of the objection, the date of birth as maintained in the Admit Card as well as in the school leaving certificate was verified from the Bihar school examination Board, The Board subm...
Tag this Judgment!Competent Authority (Acquisition) Vs. Smt. Lalita Todi and ors.
Court: Patna
Decided on: Sep-30-1996
D. P. WADHWA, C.J. :This and connected appeals are directed against the order dt. 26th September, 1980, of the Tribunal passed under s. 269G of the IT Act, 1961 (for short, 'the Act'), setting aside the order, passed by the competent authority under s. 269F of the Act by which order the competent authority directed acquisition of property consisting of 17.85 kathas of land and building bearing house No. 567/409 (new)/316 (old), Circle No. 6, Ward No. 2 at Exhibition Road, Patna, which was transferred to the appellants in all these appeals in small plots by Vijay Kumar and others. The order of the competent authority is dt. 11th November, 1974, and passed after obtaining the approval of the CIT, Bihar, I, Patna, as required under sub-s. (6) of s. 269F of the Act.2. Earlier when the order of acquisition had been passed by the competent authority, the transferee filed appeals before the Tribunal under s. 269G of the Act which were all dismissed and against that the transferees filed appe...
Tag this Judgment!Choudhary Azizul Hassan Vs. State of Bihar and ors.
Court: Patna
Decided on: Sep-30-1996
M.Y. Eqbal, J.1. In this writ application the petitioner has challenged the order dated 6th February, 1996 passed by the respondent No. 1 State of Bihar through the Minister In-charge, Revenue and Land Reforms, Patna whereby in purported exercise of power conferred under Section 45B of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961 (hereinafter to be referred to as the 'said Act'), the State Government reopened the land ceiling proceeding being L.C. Case No. 579 of 1992-93 and remitted the proceeding to the respondent No. 2, Collector, Katihar for proceeding further in the matter.2. Earlier to this writ application, the petitioner had challenged the order dated 18th February 1993 passed by the Collector, who after setting aside the order passed by the Additional Collector, Ceiling, Katihar noticed the petitioner directing him to appear and show cause as to why a proceeding under Section 18 of the said Act be not initiated.3. This case has b...
Tag this Judgment!Sachidanand Das Vs. Smt. Sandhya Rani Dutta
Court: Patna
Decided on: Sep-29-1996
Gurusharan Sharma, J.1. This appeal at the instance of the defendant has been preferred against a decree of eviction passed under the provisions of the Bihar Buildings (Lease, Rent and Eviction) Control Act (hereinafter referred to as 'the Act').2. Smt. Sandhya Rani Dutta, widow of Late Har Govind Dutta, a resident of P.N. Bose Compound, Lalpur, Ranchi, claiming to be the absolute owner of the premises detailed in the schedule annexed to the plaint filed Title Suit No. 273 of 1983 in the court of the Special Subordinate Judge, Ranchi, against Sri Sachidanand Das, the sole proprietor of Maa Kali Engineering Works at 6-D, R.N. Mukherjee, Road, Calcutta for a decree of eviction from the suit premises and after such eviction to be put in Khes possession thereof.3. According to the plaintiff, after having purchased the land bearing Municipal Survey Plot No. 2321, corresponding to Chhaparbandi Jamabandi No. 642 at Purulia Road, Ranchi, the constructed building and structures over it with a ...
Tag this Judgment!Deokinandan Singh and ors. Vs. State of Bihar and ors.
Court: Patna
Decided on: Sep-27-1996
A.K. Ganguly, J.1. This writ petition has been filed for quashing the order 11th December, 1984 passed by the Additional Member, Board of Revenue, Bihar, Patna in case No. 339 of 1984 and also the order dated 6th August, 1984 passed by the Collector, Gaya in Ceiling case No. 41 of 1983-84 and also the order dated 30th July, 1983/8th August 1983 in ceiling case No. 1976-77 passed by the Additional Collector Ceiling, Gaya. In the aforesaid ceiling proceeding 52.50 acres of Class III lands has been allotted to petitioner Nos. 1 and 2 and 37.88 1/4 acres has been declared as surplus land.2. The case of the petitioners is that they filed an objection under Section 10(3) of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1983 (hereinafter referred to as the said Act) against the draft statement in land ceiling case No. 70 of 1976-77/22 of 1977-78 under Section 10(2) of the said Act. In the said proceeding the learned Additional Collector, Gaya by his o...
Tag this Judgment!Akbar Ali Vs. State of Bihar
Court: Patna
Decided on: Sep-27-1996
Onkar Nath Asthana, J.1. Though the respondent is served, no one appears for the respondent.2. Leave granted.3. The appellant is the wife, against whom her husband and obtained an ex-parte decree of divorce. After obtaining the decree, the husband died. The wife on coming to know of the ex-parte decree, applied for setting aside the decree of divorce under Order IX Rule 13 of the Code of Civil Procedure. The Trial Court dismissed the said application observing that since the divorce is a personal remedy, it cannot be pursued after the death of the husband. On appeal, the Trial Court's view was reversed. But the Appellate Court's view has in turn been reversed by the High Court.4. We are of the opinion that the wife should be and is competent to maintain the application under Order XI, Rule 13. Even though the husband is dead, yet the decree obtained by him is effective in law and determines the status of the appellant. If the appellant says that it is an ex-parte decree and ought to b...
Tag this Judgment!Bihar State Forest Development Corporation Vs. Commissioner of Income- ...
Court: Patna
Decided on: Sep-26-1996
D.P. Wadhwa, C.J.1. At the instance of the assessee, the Income- tax Appellate Tribunal, Patna Bench, under Section 256(1) of the Income-tax Act, 1961 (for short 'the Act'), has referred to this court the following questions said to be questions of law and arising out of a composite order of the Appellate Tribunal for the assessment years 1977-78 and 1978-79 : ' 1. Whether, on the facts and in the circumstances of the case, the Tribunal was right in holding that the assessee was not a charitable trust the income of which was exempt from tax under Section 11 of the Income-tax Act, 1961 ? 2. Whether, on the facts and in the circumstances of the case, the Tribunal was justified in holding that the sale proceeds of clear felled trees did not constitute capital receipts in the hands of the assessee ? 3. Whether, on the facts in the circumstances of the case and on a correct interpretation of the relevant agreement of sale, the Tribunal was correct in law in holding that the sale of standin...
Tag this Judgment!Chandra Shekhar Prasad and ors. Vs. State of Bihar and ors.
Court: Patna
Decided on: Sep-26-1996
Ashok Kumar Ganguly, J.1. This writ petition has been filed by Sri Chandra Shekhar Prasad and 13 others challenging, inter alia the order by which their services have been terminated and also notification No. 5940 dated 18th June, 1993 issued by the Personnel and Administrative Reforms Department, Government of Bihar, Patna where from it appears that the respondents have decided to terminate the services of those daily wage employees who have not completed 240 days of service before 1st August, 1986.2. The facts of the case are as follows:The petitioner were employed in various Class IV posts of Roller Driver, Roller Attendant, Chowkidar and Driver with the respondents authorities in this Rural Development Department under the Rural Engineering Organisation which, according to the petitioner, has five Divisions at different places. The petitioner were employed at Sherghati Division in Megadh Circle. They were initially appointed in the said post on daily wage basic after advertisement...
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