Patna Court January 1997 Judgments
Dr. Shrawan Kumar Vs. State of Bihar
Court: Patna
Decided on: Jan-22-1997
M.Y. Eqbal, J.1. This application has been filed by the petitioner under Section 482 of the Code of Criminal: Procedure (hereinafter to be referred to as the Code') for quashing of the entire criminal proceeding, including the order dated 22nd August, 1996 passed by the learned Chief Judicial Magistrate, Patna in Kadamkuan P.S. Case No. 40 of 1995 registered under Section 304(4) of the Indian Penal Code. By the said order, the learned Chief Judicial Magistrate rejected the petition filed by the petitioner for acceptance of final form pursuant to the investigation made under Section 173(8) of the Code.2. The petitioner who is a Doctor started a new born care centre with all modern techonology and equipments. In the said centre, the petitioner also provided service of expert technicians and nurses. The aforesaid criminal case was instituted on the basis of the First Information Report lodged by one Dinesh Kumar on 28-1-1995 alleging inter alia that he had brought his child for treatment...
Tag this Judgment!Commissioner of Income Tax Vs. Maqbool Alam and Co.
Court: Patna
Decided on: Jan-22-1997
Ashok Kumar Ganguly, J.1. At the instance of 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 Act 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 was without jurisdiction?"2. Against an order of assessment passed by Shri N.K. Shukla, the 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 (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 the amou...
Tag this Judgment!Bimal Ram and anr. Vs. State of Bihar
Court: Patna
Decided on: Jan-21-1997
D.S. Dhaliwal, J.1. Case of the prosecution is that Ram Swarup Pathak (P.W. 5) had purchased 1 Kama 3 dhurs of plot No. 249, Khata No. 9 along with a house standing thereon from Bishundeo Ram and his father Ram Prasad in the year 1966 vide registered sale deed (Ext. 4). The house was thereafter let out to Ram Prasad on monthly rent of Rs. 40/-. The first informant filed ejection suit which was decreed and in execution of that decree possession was delivered to the first informant on 30-8-1981. Petitioners are the grand sons of the said Ram Prasad. Case of the prosecution further is that on 11th January, 1982 at about 7.a.m. when appellant happened to go to the aforesaid house situated in Mohalla Nawranga he both the petitioners along with several other persons demolishing the house. They were seen removing roof, titles and door planks. Petitioners also pulled down walls and removed the building materials. Ram Swarup Pathak on the same day submitted a written report (Ext. 1) to the Off...
Tag this Judgment!Janandan Rai and ors. Vs. Mandeo Rai and ors.
Court: Patna
Decided on: Jan-21-1997
Dharmpal Sinha, J. 1. In this appeal, which has arisen from a suit for redemption of a usufructuary mortgage, the substantial questions of law formulated for decision, are as follows : '(1) Whether the entry of the name of Mostt. Isara Kuer (name) in Ext. C, Re-visional Survey Records showing her share in the suit property, is evidence of severance of the joint status? (2) Whether the inclusion of the name of Mostt. Isara Kuer in Ext. B, Zarpeshgi deed, further proves that the definition of the shares in the Revisional Survey was with a view to show partition in the family? 2. The relevant facts necessary for decision of the questions may briefly be stated as follows: The Respondents in this appeal, who were plaintiffs in the suit (appellants in the first appeal) had instituted the suit for redemption of mortgage after depositing the necessary mortgage money under Section 83 of the Transfer of Property Act. The suit related to redemption of usufructuary mortgage created by the mor...
Tag this Judgment!Diwakant Choudhary Vs. State of Bihar
Court: Patna
Decided on: Jan-21-1997
M.Y. Eqbal, J.1. By this application filed under Section 482 of the Code of Criminal Procedure the petitioner has challenged the order dated 3.9.1996 passed by the Sub-Divisional Judicial, Magistrate, Dalsingsarai at Samastipur in Dalsingsarai P.S. case No. 57 of 1996 (G.R. No. 177 of 1996) whereby the learned Magistrate dismissed the petition of the petitioner filed for recording the statement of prosecution witnesses under Section 164 of the Code of Criminal Procedure.2. The brief fact of the case is that the son of the petitioner Rakeshmani aged about 19-20 years was a College student and was preparing for appearing in the Bio-Chemic examination at Muzffarpur and he had come back to his village home about 10 days prior to the date of occurrence. On 17.4.1996 he left his house in the morning for going to his 'Nanihal' at Barauni disclosing that he would go with his College friend Sushil Kumar. On 18.4.1996 the petitioner received information from the relation that the son of the pet...
Tag this Judgment!Bibijan Bibi and ors. Vs. State of Bihar
Court: Patna
Decided on: Jan-21-1997
M.Y. Eqbal, J.1. In this application, the petitioner has prayed for quashing of the First Information Report on the ground that no offence is made out against the petitioner under Sections 493/376, 109 and 504 of the Indian Penal Code.2. The prosecution story, in short, as alleged in the F.I.R. is that the informant made a written statement to the police on 8.8.1996 alleging inter1 alia that she was dumb lady of 20-22 years old and she was still unmarried. The accused persons were neighbours of the informant. One Samsuk Sheikh started visiting the house of the informant since the 1st week of January, 1996 and they fell in love. It was further alleged that in the 1st week of February, 1996, the accused Samsuk Sheikh came to the house of the informant when she was alone and her parents were absent. He caught her hand with a proposal to have sexual intercourse but she opposed it. Thereafter he told that she was a beautiful and helpless girl and so he wanted to marry her. After getting su...
Tag this Judgment!Jharkhand Mukti Morcha Vs. Commissioner of Income-tax and ors.
Court: Patna
Decided on: Jan-21-1997
Nagendra Rai, J. 1. The petitioner, a political party duly registered with the Election Commission of India, having its head office at Bariatu Road, Ranchi, has filed the present writ application for quashing the order dated December 2, 1996, passed by the Commissioner of Income-tax, Ranchi, in exercise of the power under Section 127(2)(a) of the Income-tax Act, 1961 (hereinafter referred to as 'the Act'), by which he has transferred the case of the petitioner from the Assistant Commissioner of Income-tax, Circle-1, Ranchi, the Assessing Officer, to the Assistant Commissioner of Income-tax, Circle IV, under the Commissioner of Income-tax, Delhi. By the same order the case of four other persons, namely, Suraj Mandal, President, Sibu Soren, Vice-President, Sailendra Mahto, Secretary, and Simon Morandi, a member of the petitioner, have also been transferred, a copy of the said order has been annexed as annexure '7' to the writ application. 2. The petitioner is an assessee under the Act...
Tag this Judgment!Bihar Caustic and Chemicals Ltd. Vs. Rameshwar Shukla and anr.
Court: Patna
Decided on: Jan-20-1997
Nagendra Rai and S.K. Chattopadhyaya, JJ.1. These two appeals are directed against the judgment dated 17th May, 1991 passed by a learned Single Judge of this Court in First Appeal Nos. 188 and 189 of 1991 (R), by which he has held that the appellant is not a 'person interested' within the meaning of Section 3(b) of the Land Acquisition Act (hereinafter referred to as 'the Act') and accordingly the appeals filed by the appellant are not maintainable.2. Admittedly, the said appeals were filed by the appellant against the judgment and award dated 9th September, 1987 and 17th September, 1987 passed in Reference Case Nos. 4/83 and 10/83 arising out of Land Acquisition Case No. 76/83.3. To appreciate the rival contention raised by the learned Counsels for the parties, it is necessary to state the facts in brief. An agreement dated 12.6.1976 was entered into between the Bihar State Industrial Development Corporation (hereinafter referred to as 'the Corporation') and three private companies t...
Tag this Judgment!Commissioner of Income-tax Vs. Bharat Agrico Co.
Court: Patna
Decided on: Jan-15-1997
Aftab Alam, J. 1. These cases have come on references made as directed by this court under Section 256(2) of the Income-tax Act, 1961, at the instance of the Revenue. These cases relate to the assessment years 1978-79, 1979-80 and 1980-81. The three appeals arising for the aforesaid assessment years were disposed of by the Income-tax Appellate Tribunal by a common order. Three reference cases were, therefore, filed in this court though they involved a common question of law. According to the court's direction, the Income-tax Appellate Tribunal, Patna Bench, Patna, made a statement of the case and referred the following common question of law for the opinion of this court : 'Whether, on the facts and in the circumstances of the case, the Tribunal is right in law in holding that the expenditure incurred' on payment of interest to partner and dealings in raw materials should be capitalised as pre-operative expenses for the purpose of allowing depreciation ?'2. The material facts can be b...
Tag this Judgment!Chakradharpur Bidi and Tobacco Merchants' Association Vs. State of Bih ...
Court: Patna
Decided on: Jan-14-1997
P.K. Deb, J.1. In this writ petition, the petitioners have challenged the Notification dated 21.12.1995- as contained in Annexure-1 by which the minimum rates of wages to be paid to the workmen who roll Biri in Biri Industry have been revised under the Minimum Wages Act, 1948. Further prayer has been made for quashing the Notification dated 28.7.1989 contained in Annexure-2 as issued by the State Government in constituting the Advisory Board under Section 7 of the Minimum Wages Act on the allegation that the same had not been validly constituted so far as Biri Industry is concerned.2. The main grievance of the petitioner is that in the Advisory Committee, one Shiv Prasad Gupta was appointed on behalf of the manufacturer of Biri Industry as Member of the Advisory Board but in the subsequent meeting this Shiv Prasad Gupta did not take part as contained in Annexure-3 and one Subhas Bajpayee attended the meeting as being nominated by one Shyama Charan Gupta for and on behalf of Shyam Biri...
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