Patna Court January 1997 Judgments

Md. Nisar Alam and ors. Vs. State of Bihar and ors.

Court: Patna

P.K. Sarin, J.1. This criminal revision application is directed against the judgment and order dated 28.1.1988 passed by 3rd Additional Sessions Judge, Bhagalpur in Cr. Revision No. 156/87 by which the learned Additional Sessions Judge has set aside the order dated 27.5.1987 passed by Sub-divisional Judicial Magistrate, Naugachhia in C. 48/87.2. It appears that the opposite party No. 2 filed a complaint before the learned Sub-divisional Judicial Magistrate, Naugachhia alleging that on 13.4.1987 at about 12 O' Clock in the night when he and his wife were sleeping outside thatched house the accused petitioners came there variously armed and the accused petitioner No. 1 put his 3 Nut (Gun) on the chest of the complainant and exhorted his companions to take the belongings from the house where upon the other petitioners took away two maunds Arhar, one piece of Sari, one Thali and one Lota. It was further alleged that the accused Md. Junaid Ansari (petitioner No. 3) threatened the complaina...

Deokinandan Poddar and ors. Vs. Ramesh Kumar Goenka and ors.

Court: Patna

Dharmpal Sinha, J. 1. In this civil revision the order dated 26-4-1985 passed by Sri T.L. Verma, 6th Additional District Judge, Patna, passed in Miscellaneous Appeal Nos. 114 of 1981/22 of 1983 has been assailed. That miscellaneous appeal arose out of an Execution Case No. 4 of 1980 and the order seems to have been passed in the following back ground : The petitioners in this revision claim to have acquired right, title and interest in the property to which the suit related by virtue of purchase from one Banarsilal Bagla (opposite party No. 5), whose mother had instituted a Title Suit Nos. 8/17 of 1963/66 against opposite party No. 6, Sardar Daleep Singh and the suit had been decreed. That decree was put in execution by Banarsilal Bagla in Execution Case No. 4 of 1980. The opposite party 1st set in this civil revision, who claimed to have purchased the interest of opposite party No. 6, objected to the execution of the decree by filing objection under Section 47 read with Section 15...

Prem Lata Gupta Vs. State of Bihar and ors.

Court: Patna

Aftab Alam, J.1. The petitioner claims to be the lawful owner of a piece of land measuring 3 kathas in area being part of C.S. plot No. 248 of Khata No. 2 situated at Sadikpur Yogi, Bahadurpur within Patrakarnagar police station in the town of Patna (hereinafter referred to as the 'the disputed land'). According to the petitioner, he has constructed a residential building and come shops over the land; one of the shops is given on rent to the Medicana Chemist and Druggist. In this writ petition, the petitioner challenges a notice dated 4.1.1997 (annexure 6) issued by the Circle Officer, Sadar, Patna to his tenant Medicana Chemist and Druggist. In the notice, it is stated that as directed in letter No. 21 R, dated 4.1.1997 issued by the Addl. Collector, Patna the possession of the land of Radha Swami Satsang Samaj was taken over on 4.1.1997. The notice further accused the addressee of having made some unauthorized construction on the land and running a shop there. It finally directed th...

Dr. Akhileshwar Pd. Sinha Vs. Assistant Commissioner of

Court: Income Tax Appellate Tribunal ITAT Patna

Reported in: (1998)64ITD7(Pat.)

1. This is an appeal, filed by the assessee, against an order of the CIT (Appeals) confirming estimate of income from profession at Rs. 3,55,968.2. The assessee is an Individual and a reputed Surgeon of P.M.C.H., Patna. He had net salary income of Rs. 34,820 about which there is no dispute. He was also examining and operating patients in a private nursing home, Jeewak Salya Nilium Nursing Home, the partners of which were his wife and two sons. According to the assessment order, the assessee visited the nursing home every day and examined and operated patients there. He was collecting his own charges for consultancy and operation whereas the nursing home collected charges for nursing and room rent separately from the patients. The dispute before us relates to income from profession in the above manner at the private nursing home.3. The learned counsel for the assessee showed a total income of Rs. 58,580, particulars thereof have not been made available but apparently it consisted of th...

Shree Hanuman Sugar and Industries Etc. Etc. Vs. State of Bihar and or ...

Court: Patna

N. Pandey, J.1. The first writ petition has been filed on behalf of Sri Hanuman Sugar and Industries Limited, whereas other petitions are preferred by different transferees from the original land holders with respect to some of the lands involved in land ceiling case No. 3 of 1983-84.2. All the petitioners have challenged the validity of the order passed by the Additional Collector, Ceiling Motihari (East Champaran), dated 15th January, 1983, under Section 10 (2) of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, (in short 'Act') and the order on appeal by the District Collector, dated 17th June, 1985 as also the order of the Additional Member, Board of Revenue, dated 6th July, 1985.A prayer has also been made to quash the orders of the Additional Collector, passed under Section 5(1) (iii) and Section 29 of the Act since neither proper enquiry was carried out nor petitioners were allowed to avail the statutory right of appeal against such orders,...

Tarani Sen Mahto Vs. State of Bihar and ors.

Court: Patna

Prasun Kumar Deb, J.1. Heard Mr, R.C. Khatri, appearing for and on behalf of the petitioner and heard also J.C. to S.C.I, for the respondents.2. The petitioner's grievance is that the he has not been fixed his pay scale although he has retired on 30.11.1996, hence this writ application.3. In the counter-affidavit, filed on behalf of the respondents No. 1 to 4, a plea has been taken that on previous occasion in the year 1971-73, there was a proceeding against the petitioner and he was put under suspension and that the petitioner I had not passed Hindi Noting and Drafting Examination (hereinafter to be referred to as 'the said examination') and as such he cannot be given proper increment and proper pay scale. It appears from the order contained in Annexure 1 dated 24.1.1972 that suspension order has been withdrawn long back and by Annexure 1, there was an order for making payment to the petitioner all his salary during the period of suspension period but till and date that payment has n...

Prabhat Zarda Factory Vs. the Regional Director, E.S.i. and ors.

Court: Patna

1. These two appeals are under Section 82 of the Employees' State Insurance Act, 1948 (for short, the Act). Under this Section, appeal lies to the High Court from the order of the Employees' Insurance Court, if it involves a substantial question of law.2. In the present cases, the appellant manufactures Zarda, Kimam and Pan Masala in its factory at Muzaffarpur. Admittedly, it is not a factory within the meaning of Sub-section (12) of Section 2 of the Act, inasmuch as, for the manufacturing process, no power is used. However, it is an admitted case that Zarda so manufactured is then sent to another factory,: called the 'General Machinery Sealing and Manufacturing Works' for putting the same in tins and then sealing the tins, whereafter it is marketed. The question that arises for consideration is if the aforesaid General Machinery. Sealing and Manufacturing Works is an 'immediate employer' to bring the appellant within the purview of the Act. Reference, in this connection, may be made ...

Oriental Insurance Co. Ltd. Vs. Renu Devi and ors.

Court: Patna

N. Pandey, J. 1. The appellant (insurer) being aggrieved by an order of the Deputy Commissioner-cum-Commissioner, Workmen's Compensation, dated October 27, 1994, passed in C.W.C. No. 9 of 1993 has preferred this appeal under Section 30 of the Workmen's Compensation Act (in short 'the Act'). By the impugned order, the insurer was directed to pay a sum of Rs. 76,885.20 (Rupees seventy-six thousand] eight hundred and eighty-five and twenty paise) to the claimants as compensation for the death of Rajendra Ojha on account of an accident, which took place in the night of August 16/17, 1991 while he was driving a truck of respondent-employer bearing registration No. WML 2337. 2. It appears when this case was taken up before a learned Single Judge of this Court, a preliminary objection was raised by the respondents on the maintainability of this appeal due to non- compliance of the mandatory requirement of the third proviso of Sub-section (1) of Section 30 of the Act. It was contended that i...

Kamla Prasad and ors. Vs. Kumar Kali Das and ors.

Court: Patna

Nagendra Rai, J.1. The appeal is directed against the order dated 8.7.96 passed by the Subordinate Judge 1st refusing to grant the temporary injunction in favour of the plaintiffs-appellants restraining the defendants-respondents No. 1 and 2 from changing the physical feature of the suit property and also from transferring of any portion of the suit property or making any alienation with regard to the same till the disposal of the suit.2. Admitted position is that Dr. Indra Prasad .died in 1939 leaving behind his three sons, namely, Dwarika Pd., husband of defendant No. 3 Smt. Mallika Devi, plaintiff No. 1 Kamla Pd. and defendant No. 1 Kumar Kalidas. Dwarika Pd. died in 1970 leaving behind his widow Smt. Mallika Devi (defendant No. 3 ). According to the plaintiffs their family is governed by Mitakshara School of Hindu law and possessed of movable and immovable properties detailed in Schedule-1 and 2 of the plaint. Each branch that is plaintiff, defendant No. 1 and defendant No. 3 is e...

Commissioner of Income-tax Vs. Maqbool Alam and Company

Court: Patna

A.K. Ganguly, J.1. At the instance of the Revenue, two questions have been referred to this court for their adjudication. Those questions are set out below : '1. Whether, on the facts and in the circumstances of the case, the Tribunal was justified in holding that the order passed by the Income-tax Officer merged into the order passed by the Commissioner of Income-tax (Appeals) ?2. Whether, on the facts and in the circumstances of the case, the Tribunal was justified in its finding that the order passed by the Commissioner of Income-tax under Section 263 of the Income-tax Act, 1961, was without jurisdiction ?'2. Against an order of assessment passed by Sri N. K. Shukla, Income-tax Officer Ward-B, Muzaffarpur, in respect of the assessee-firm for the assessment year 1977-78, the firm preferred an appeal before the Commissioner of Income-tax (Appeals). In the said appeal various points were taken, namely, disallowance of Rs. 1,000 out of packing charges, disallowance of Rs. 2,143 being t...