Patna Court October 1997 Judgments
Smt. Prabhawati Devi Vs. Ratanlal JaIn and ors.
Court: Patna
Decided on: Oct-17-1997
Gurusharan Sharma, J.1. Danulal Jain of Mohalla Ramna. Gaya, died leaving behind his widow Gulab Devi and three sons, namely, Madanlal Jain, Ratanlal Jain and Phulchand Jain. Prabhawati Devi is the wife of Madanlal Jain.2. On 7th October, 1982, Ratanlal Jain and Phulchand Jain filed Partition Suit No. 7 of 1982 in the Court of first Subordinate Judge, Gaya, against their brother, Madanlal Jain and his wife, Prabhawati Devi as defendants for declaring the suit holding, detailed in Schedule 1 to the plaint to be a joint family property and the sale deed dated 28.10.1970 executed by Gulab Devi in favour of prabhawati Devi, the defendant No. 2 was void abinitio, illegal, fraudulant and not binding on them. They also asked for a preliminary decree for partition to the extent of their 2/3rd share in the suit holding.3. According to plaintiffs on 23.3.1944, Danulal jain and his three sons separated in mess and residence. Thereafter, by a registered deed of partition dated 26.11.1945 there wa...
Tag this Judgment!Shyam Kishore Singh Vs. State of Bihar and ors.
Court: Patna
Decided on: Oct-16-1997
1. The petitioner in this writ petition claims to be a raiyat of plot No. 200 (part) under Khata No. 29 of Mouza Kishanpur having an area of about eight acres. He has challenged the legality and validity of Rule 11A of the Bihar Mines and Minerals Concession Rules, which was amended and came into effect from 14-1-1985. Rule 11A of the Rules provides that notwithstanding anything contained in the Rules, the settlement of sand as minor mineral will be done by public auction by the Collector to the highest bidder on annual basis. The petitioner is aggrieved only by this part of Rule 11-A, as according to him to the Rule defeats his raiyati interest without compensating him in any manner whatsoever.2. The case of the petitioner is that he is the occupant of his aforesaid raiyati land which he has been cultivating for several years. However, at times the land is rendered incapable of cultivation due to floods and consequent deposit of sand. In the year 1977 such a situation arose but he w...
Tag this Judgment!Natha Singh Chhabra Alias S. Natha Singh Vs. State of Bihar and anr.
Court: Patna
Decided on: Oct-03-1997
Prasun Kumar Deb, J. 1. The petition under Section 482 of the Code of Criminal Procedure ('the Code') has been filed for quashing the entire criminal proceedings in Complaint Case No. 2 of 1992 under Sections 276C and 277 of the Income-tax Act, 1961 ('the Act'), including the order of cognizance dated February 6, 1992, passed by the Judicial Magistrate-cum-Special Judge (Economic Offences), Dhanbad.2. The contents of the complaint petition run as follows : On March 30, 1990, the petitioner filed his return for the assessment year 1989-90 showing total income of Rs. 19,470. The assessment for the assessment year 1989-90 was completed under Section 143(3) of the Act on a total income of Rs. 1,61,980 whereby an addition of Rs. 1,42,510 was made for undisclosed purchase, sale and profit detected by the Assessing Officer and also the undisclosed capital invested for purchasing cycle and cycle parts and also undisclosed and unexplained investment made in construction of a house. On the basi...
Tag this Judgment!Dr. Ram Ashray Yadav Vs. State of Bihar and anr.
Court: Patna
Decided on: Oct-03-1997
Asok Kumar Ganguly, J. 1. The subject-matter of challenge in this writ petition is the order of suspension dated 22-1 -1997 passed by the Governor of Bihar in exercise of power conferred by Clause (2) of Article 317 of the Constitution of India. 2. The admitted fads of the case which are necessary for disposal of this writ petition are stated below :--3. The petitioner was appointed on 22-1 -1991 to the post of Chairman of Bihar Public Service Commissison (hereinafter referred to as the said Commission) by the Governor of Bihar in exercise of power conferred under Article 316 of the Constitution of India. The petitioner has asserted that he joined on 3I-1-I99I. It is not in dispute that the tenure of the petitioner's is for six years and such appointment continued till 22-1-1997.4. The petitioner's grievances are that an order of suspension dated 22-1-1997 was passed by the Governor of Bihar in exercise of power under Article 317(2) of the Constitution of India, and according to the ...
Tag this Judgment!Ram Kishun Ram and ors. Vs. Krishna Ram and ors.
Court: Patna
Decided on: Oct-03-1997
Gurusharan Sharma, J.1. The plaintiffs are the appellants in this appeal which has been filed against the impugned judgment and decree of reversal.2. Admittedly plot Nos. 1167 and 1195 measuring 5 Khatas and 18 dhurs at village Main within Gaya district, stood recorded as Jagir of one Gobardhan Misir, son of Ram Sanehi Misir of the said village and in the remarks column thereof his possession as Brahmottardar was shown.3. By a registered deed of endowment (Aparnama) dated 11.2.1915, he dedicated the aforesaid lands, including other lands to the deities Baba Koteshwarnath Mahadeb and Durgaji of his village. According to the deed, he was himself to continue as Mutwalli to look after the management of the properties dedicated and Pandit Dharnidhar Tiwari was appointed to perform Puja-path and after his death Pandit Dharnidhar Tiwari was to act as Mutwalli and manager.4. The plaintiffs claiming themselves to be the discendants of one Ram Balak Ram filed Title Suit No. 75 of 1978 before th...
Tag this Judgment!Mani Lal Vs. Indra Sao
Court: Patna
Decided on: Oct-03-1997
P.K. Deb, J.1. This Revision petition has been preferred under Section 14(8) of the B.B.C. Act against the judgment and decree dated 25.8.1995 passed by the then Munsif, Ranchi in Title Suit No. 6/92.2. The plaintiff-Opposite party filed the abovementioned suit under Section 14 of the B.B.C. Act for eviction of the petitioner on the ground of his personal necessity as he required the entire tenanted premises for using the same as approach to the inner portion of his house.The suit premises is a portion of old Holding No. 352 and new holding No. 498 within Ward No. 2 of Ranchi Municipal Corporation situated at Mahabir Chowk, Upper Bazar, Ranchi. According to the plaintiff, as per registered deed of partition dated 25.11.1991 the plaintiff and his brother separated themselves and the suit premises had fallen into his share. The defendant was a tenant at the rental of Rs. 40/- since before partition in the suit premises. According to the plaintiff, he was feeling much inconvenience for i...
Tag this Judgment!Khem Kumar Saraogi and ors. Vs. Dwijendra Kumar Dwivedi and ors.
Court: Patna
Decided on: Oct-03-1997
Gurusharan Sharma, J.1. The plaintiffs are the appellants. The original plaintiff, Nagar Mal filed Title Suit No. 73 of 1975 in the Court of Subordinate Judge, Bettia against the defendant Dwijendra Kumar Dwivedi for realisation of mortgage money alongwith interest in respect of five mortgage deeds.2. According to the original plaintiff the defendant borrowed a sum of Rs. 10,000/- and on 1.7.1968 executed five mortgage bonds of Rs. 2000/- each for convenience of repayment of the loan amount. The mortgages were for a period of five years and total six acres land was involved therein.3. The mortgagee was said to have handed over the five mortgage deeds and possession of the mortgaged lands to the mortgagor. However, on the request of the mortgagee, the mortgagor settled those lands with him for a period of three years on a hunda for Rs. 3600/- per annum. The mortgagee as hundedar cultivated the lands on that basis, but paid noting by way of hnuda.4. According to the terms of the mortgag...
Tag this Judgment!S.K.G. Sugar Ltd. and Shiv Shankar Chemical Industries Ltd. Vs. Commis ...
Court: Patna
Decided on: Oct-03-1997
1. Although both the writ petitions have been filed by different petitioners, the facts and points in these cases are common, therefore, for the sake of convenience, they are being disposed of by this order. 2. The petitioners have challenged the validity of the order of the Deputy Commissioner of Income-tax, Range II, Patna, dated June 13, 1991, whereby they were asked to furnish information regarding sales made to various retailers from April 1, 1990, to September 30, 1990, and October 1, 1990 to March 31, 1991, together with the details of tax collected from them and dates of deposit in the Government's account. 3. By the aforementioned letters the petitioners were informed that wholesalers in liquor, in terms of the provisions of section 44AC of the Income-tax Act, 1961, are required to collect tax at the rate of 15 per cent. of the total purchase price, including excise duty, cost of labelling, bottling, etc., plus surcharge at the rate of 12 per cent. on tax so collected from t...
Tag this Judgment!Phatik Chandra Ganguly and K.P. Singh Vs. Raghubar Das and ors.
Court: Patna
Decided on: Oct-03-1997
Prasun Kumar Deb, J.1. Both these election petitions arise out of the same Assembly election of 291 Jamshedpur East Assembly Constituency held in the year 1995.2. Mr. Phatik Chandra Ganguly, who is the petitioner in Election Petition No. 1/95 (R) is a voter of that constituency having Serial No. 907, Part No. 147. He has challenged the election on the ground that the Returning Officer illegally rejected the nomination paper of Sri Vijay Kumar Dev and Sri Haldhar Soren.3. In the Election Petition No. 2 of 1995 (R), the same election has been challenged by the election petitioner Sri K.P. Singh, who contested the election as a Congress candidate and according to him, he got majority number of votes but due to miscounting and so many irregularities and illegalities done at the time of counting, the Respondent No. 1 was declared elected on getting maximum number of votes although he did not get such number of votes.4. Regarding the Election Petition No. 1, although the same has been heard...
Tag this Judgment!Gaury Shankar Choudhary Vs. Commissioner of Income Tax
Court: Patna
Decided on: Oct-01-1997
TRIVEDI, J.The petitioner has filed this application under section 482 of the Code of Criminal Procedure praying that the proceedings pending before the Special Court for Economic Offences at Muzaffarpur in Complaint Case No. 171 of 1992 under sections 276C, 276CC and 277 of the Income Tax Act, 1961 be quashed.2. It appears that after the assessment had been made, the petitioner had filed settlement application before the Settlement Commission and the assessment order was modified. The Settlement Commission further granted immunity to the petitioner by the order dated 8-10-1993 subject to the conditions mentioned in the order.3. On 17-9-1997, the learned counsels for the parties had been heard and Shri S.K. Sharan, the learned counsel for the opposite parties, prayed for and was granted time to obtain instructions as to whether the terms and conditions mentioned in the order dated 8-10-1993 have been complied with. However, he has not appeared today.4. I have heard Shri Ajay Kumar Ras...
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