Patna Court October 1997 Judgments
Ganesh Steel Traders and anr. Vs. Commissioner of Income-tax and ors.
Court: Patna
Decided on: Oct-23-1997
Nagendra Rai, J.1. The present application has been filed for quashing the order dated March 30, 1992, passed in Complaint Case No. 294 of 1992, taking cognizance under Sections 276C and 277 of the Income-tax Act, 1961 (hereinafter referred to as 'the Act'), against the petitioners.2. The complainant-opposite party filed a petition of complaint alleging, inter alia, that the original assessment of the firm was made under Section 143(1) of the Act on a total income of Rs. 15,310 on October 15, 1986. Thereafter, a search was conducted and documents were seized on July 11, 1988, and, thereafter, a notice under Section 148 of the Act was issued to file a return. On scrutiny of the relevant documents, which were seized from the search, the assessment was completed on a total income of Rs. 1,73,935 under Section 144 of the Act and a penalty proceeding was initiated. The scrutiny of the books seized from the residence of one of the partners, namely, Ashok Kumar, revealed sale proceeds of Rs....
Tag this Judgment!Ganesh Steel Traders and anr. Vs. Commissioner of Income Tax and ors.
Court: Patna
Decided on: Oct-23-1997
Nagendra Rai, J.The present application has been filed for quashing the order dated 30-3-1992, passed in Complaint Case No. 294 of 1992, taking cognizance under sections 276C and 277 of the Income Tax Act, 1961 (hereinafter referred to as `the Act'), against the petitioners.2. The complainant-opposite party filed a petition of complaint alleging, inter alia, that the original assessment of the firm was made under section 143(1) of the Act on a total income of Rs. 15,310 on 15-10-1986. Thereafter, a search was conducted and documents were seized on 11-7-1988, and, thereafter, a notice under section 148 of the Act was issued to file a return. On scrutiny of the relevant documents, which were seized from the search, the assessment was completed on a total income of Rs. 1,73,935 under section 144 of the Act and a penalty proceeding was initiated. The scrutiny of the books seized from the residence of one of the partners, namely, Ashok Kumar, revealed sale proceeds of Rs. 51,500 on three d...
Tag this Judgment!Sita Ram Prasad Vs. Smt. Jayam and ors.
Court: Patna
Decided on: Oct-23-1997
Gurusharan Sharma, J.1. By the impugned judgment and decree, the suit for specific performance of contract filed by the plaintiff appellant has been dismissed.2. According to the plaintiff, the, defendant No. 1 entered into an agreement for sale with him on 5.5.1972 in respect of the shop premises in holding No. 12, J. Road, Bistupur, Jamshedpur for consideration of Rs. 20,000/-. A sum of Rs. 18,000/- was given as advance and the sale deed was agreed to be executed within on year and the balance amount of consideration of Rs. 2,000/- was to be paid at the time of execution and registration of the transfer deed.3. The plaintiff was always ready and willing to pay the balance consideration amount and made repeated requests and demands to the defendant No. 1, but he did not execute the deed.4. On 15.7.1974 the plaintiff, therefore, filed the suit for a decree to enforce the contract for sale of the premises described in the schedule to the plaint/directing the defendant to execute and re...
Tag this Judgment!Sonma Devi Vs. Branch Manager, Oriental Insurance Co. and ors.
Court: Patna
Decided on: Oct-22-1997
Gurusharan Sharma, J.1. Against the order dated 18.2.1993, passed by the District Judge, Nawadah in Motor Vehicle Act Case No. 1 or 1993, whereby and whereunder the petition under Section 166(3) of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act'), wrongly labelled as under Section 5 of the Limitation Act, 1963 filed along with the claim application under Section 166 of the Act was rejected and consequently the claim application was dismissed as barred by time, the claimants have filed this Appeal under Section 173 of the Act.2. In fact the alleged accident took place on 16.4.1991 at village Orahanpur within Nawadah district and the claim application was filed on 6.1.1993 i.e. after more than two years and three & half months.3. Under Section 166(3) of the Act, no application for compensation was to be entertained unless it was made within six months of the occurrence or the accident. However, under proviso thereto, the claim tribunal on being satisfied that the appl...
Tag this Judgment!Satya NaraIn Bhagat and ors. Vs. Panna Lal Singh and ors.
Court: Patna
Decided on: Oct-21-1997
S.N. Jha, J.1. This civil revision is by the plaintiffs. By the impugned order their petition for amendment of the plaint has been rejected.2. The plaintiff-petitioners filed Title Suit No. 34 of 1994 in the court of Subordinate Judge, Patna, for a declaration that the suit land marked by crosslines in red colour in the sketch map attached with the plaint measuring 38.2' x 10' is the common passage of the parties and the defendants have no right to encroach upon any portion of it, and for direction to the defendants to remove all encroachments and obstructions therefrom. Shortly stated, their case is that they purchased the suit land by registered sale deeds in the years 1978 and 1979 and constructed house on its Northern portion. The land opens on Exhibition Road on the East connected by Sahyogi Press lane or Sahyogi Marg. On the North also the land has a opening on the S.P Verma road. The petitioners in order to have easy access to Exhibition Road provided a 10' wide road East to We...
Tag this Judgment!Girija Nandan Prasad Vs. Manako Devi
Court: Patna
Decided on: Oct-20-1997
S.N. Jha, J.1. This civil revision is directed against order dated 4.6.96 in Misc. Case No. 6 of 1995 which the petitioner had filed for restoration of Title Suit No. 379 of 1994. By the impugned order the court below has refused to restore the suit and dismissed the miscellaneous case.2. From the order sheet (Annexure-1) it appears that the petitioner was asked to deposit court fee of Rs. 4504.50 P. and talbana on 7.3.95. The court granted five adjournments thereafter for compliance of the order. Since the petitioner did not ultimately pay the amount of court fee the court rejected the plaint ins terms of Order 7, Rule 11(c) CPC. It is this order dated 23.6.95 the petitioner wanted to be recalled in the Misc. case.3. Counsel for the petitioner submitted that the court below has erred in disallowing the misc. case as not maintainable, particularly when an order to the contrary had been passed by the predecessor court on 5.2.96. He submitted that the court was competent to recall the o...
Tag this Judgment!Kumar Ramswaroop Singh and ors. Vs. Venkateshwar Singh and ors.
Court: Patna
Decided on: Oct-20-1997
Gurusharan Sharma, J.1. This appeal is directed against the judgment and decree dated 26th April, 1980, passed by the Subordinate Judge, Daltonganj, in Title Suit No. 69 of 1969, whereby the suit was decreed holding the plaintiffs' title over the suit lands in village Karui, P.S.Majhiaon, District Palamau, detailed in Schedules I and II to the plaint and the defendants were directed to give vacant possession thereof. The plaintiffs were also held entitled to withdraw a sum of Rs. 2,950A lying in deposit in the Magistrate's Court at Garhwa in connection with Miscellaneous Case Nos. 71 and 157 of 1962 under Section 145 of the Code of Criminal Procedure.2. The plaintiff Nos. 3 and 4 were full brothers and the plaintiff Nos. 1 and 2 were their respective wives. According to the plaintiff Nos. 3 and 4, Kuar Duniya Dayal Singh, their agnatic relation was recorded as co-sharer-proprietor of the Milikiyat under Khewat No. 9 to the extent of 4 Annas 6 pies share therein, whereas they were co-s...
Tag this Judgment!Sabir Kumar Qureshi Vs. Shankar Chaudhary and ors.
Court: Patna
Decided on: Oct-17-1997
P.K. Deb, J.1. This Election petition has been filed by the abovementioned petitioner with application under Section 80, 80A and 81 of the Representation of the People Act calling upon the question of election of the Returned candidate from 267 Ramgarh Assembly Constituency for the election of a Member of the Bihar Legislative Assembly held in the month of March, 1995.2. The Election result was published/announced on 1.4.1995 declaring the Respondent No. 1 as an elected candidate. The petitioner had contested the said election under the banner of Communist Party of India (Marxist Group) while the Respondent No. 1 was the official candidate of Bhartiya Janta Party. As per Notification of the Election Commission of India, Sub-divisional Officer, Ramgarh was made the Returning Officer of that Assembly Constituency. The dates of the Election programme were notified as follows:(i) Last date of filing nomination paper 23.1.1995(ii) Date of Scrutiny 24.1.1995(iii) Last date of withdrawal 27....
Tag this Judgment!Smt. Jairani Devi and ors. Vs. Ram Sanehi Singh and ors.
Court: Patna
Decided on: Oct-17-1997
Gurusharan Sharma, J.1. This appeal under Order XLIII Rule 1(s) of the Code of Civil Procedure has been filed by the plaintiff against the order of the trial Court refusing to appoint Receiver for the suit properties.2. One Kuldeep Singh of village Pawa, District-Nalanda left behind four sons, namely, Nand Keshwar Singh, Ram Balak Singh, Ramadhin Singh and Tribeni Singh. Nand Keshwar Singh died leaving behind his son. Ram Saheni Singh, the defendant No. 1. Ram Balak Singh died leaving behind his three sons, namely, Sachchidanand Singh, Dayanand Singh and Bibeka Singh, the defendants No. 2 to 4. Ramadhin Singh died leaving behind his son Parmanand Singh, the plaintiff and Tribeni Singh, the defendant No. 5 has two sons, namely, Ramashray Singh and Ramdayal Singh, the defendant Nos. 6 and 7.3. The plaintiff filed Title Suit No. 257 of 1991 for partition of his 1/4th share in the joint family properties, detailed in Schedules I and II to the plaint4. According to the plaintiff, the four ...
Tag this Judgment!Rajendra Mahto Vs. Aklu Ram Mahto
Court: Patna
Decided on: Oct-17-1997
P.K. Deb, J.1. Both these Election petitions have been tried together as both the petitions relate to the Election of Respondent No. 1, Shri Aklu Ram Mahto from 279 Bokaro Assembly Constituency in the year 1995 and both these petitions have been filed under Sections 80, 80A and 81 of the Representation of the People Act, 1951 and the grievance is of illegal rejection of the Nomination papers of the petitioners.2. In the Election petition No. 5 of 1995 (R), the Election petitioner is Rajendra Mahto. He filed his nomination paper to contest the General Election 1995 from the abovementioned Assembly Constituency in the State of Bihar as a nominee of Bhartiya Janta Party, but his Nomination paper was illegally and arbitrarily rejected by the Returning Officer, namely, Sub-divisional Officer, Chas, Bokaro and as such the election of the respondent No. 1 has been called for question on the sole ground of improper and illegal rejection of his Nomination paper.3. The programme regarding the s...
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