Patna Court February 1997 Judgments
Patna High Court Council of Legal Aid and Advice Committee Vs. State o ...
Court: Patna
Decided on: Feb-28-1997
Wadhwa, C.J. and Mukhopadhaya, J.1. The matter relates to death in police custody. The petitioner, Patna High Court Council of Legal Aid & Advice Committee filed the writ petition for the following reliefs:(a) To pay compensation to the family of Jitendra Kumar Singh on account of his custodial death.(b) To call upon respondent No. 2,1.G. Prisons to produce before this hon'ble court, all such materials/documents, e.g., post-mortem report, date of release of body; enquiry reports of enquiry conducted by the prison or any other authority.(c) To direct the S.P., Bhagalpur to reveal and state the stage of enquiry/ investigation with respect to the criminal case.(d) To record the statements of Mahesh Prasad, Raj Kumar Yadav and Rajendra Sharma—all persons imprisoned along with Jitendra Singh at Bhagalpur Camp Jail.(e) To direct the Jail Superintendent of Camp (Special) Jail to explain the circumstances relating to the death of Jitendra Singh.(f) To direct Dr. Ashok Kumar Jaiswal and ...
Tag this Judgment!State of Bihar and Two ors. Vs. R.M.C. Dill and Co. (P) Ltd. and ors.
Court: Patna
Decided on: Feb-28-1997
Nagendra Rai and M.Y. Eqbal, JJ. 1. This letters patent appeal is directed against the order dated 11th October, I996(R) passed by a learned single Judge of this Court in CWJC No. 1539/96( R) by which he has quashed the order dated 10-5-96 contained in Annexure-6 to the writ application filed by the respondent No. 1 issued by the Divisional Forest Officer Saranda Division, Chaibasa, Singhbhum West (appellant No. 1) directing the respondent No. 1 to stop mining activity as the period of the mining lease granted to it has come to an end and has directed the appellants not to debar the respondent No. 1 in continuing the mining operation in broken area of 19.615 hectares till the orders are made on the renewal petition filed by the respondent No. 1 as per Rule 24-A of the Mineral Concession Rules, 1960 (hereinafter referred to as the rules). 2. The only question for consideration is as to whether in view of the provisions contained in Section 2 of the Forest Conservation Act (hereinafte...
Tag this Judgment!Saroj Chowdhury Vs. State of Bihar
Court: Patna
Decided on: Feb-27-1997
Loknath Prasad and Prashanta Kumar Sarkar , JJ.1. This appeal is directed against the judgment of conviction -recorded by 7th Addl. Judicial Commissioner. Ranchi vide her judgment dated 8.6.90 in S.T. No. 100/88 through which the sole appellant was found guilty under Section 302 of the Indian Penal Code and he was convicted and sentenced to under go imprisonment for life.2. The prosecution case in short is that the informants daughter, namely, Kamala Devi was married to the appellant in the year 1983 and prior to occurrence Kamala Devi came to her Naihar i.e. in the house of the informant and in the night of 14/15-8-97 the appellant alongwith her wife were sleeping together in a room of the residential house of the informant situated in Lower Chutia, P.S. Chutia. It has been alleged that in the mid night the informant and his wife heard alarm of their daughter and she was asking for help. Accordingly, informant and his wife rushed to the bed room where her daughter was sleeping at 12....
Tag this Judgment!Commissioner of Income-tax Vs. Popular Medical Hall
Court: Patna
Decided on: Feb-26-1997
1. In this case, the Income-tax Appellate Tribunal, Patna Bench, Patna, has referred the following questions of law for the opinion of this court in relation to the assessment year 1974-75 : ' (1) Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal has erred in holding that the penalty should be levied by applying the provisions of Section 271(1)(c)(iii) of the Income-tax Act, 1961, as amended with effect from April 1, 1976 ? (2) Whether the date of decision of the authority to initiate penalty proceeding would govern the relevant law applicable for quantification of penalty or the law ruling at the date of filing the return on which date the Act of concealment took place ?' 2. The short facts are that the assessee filed a return of income for the previous year relevant to the assessment year 1974-75 on September 13, 1974. During the course of assessment proceedings, the Assessing Officer found that the assessee has suppressed its income to th...
Tag this Judgment!Commissioner of Income-tax Vs. Harendra Prasad Burnwal
Court: Patna
Decided on: Feb-26-1997
1. This order shall govern this case as well as Tax Cases Nos. 40 of 1989, 41 of 1989 and 42 of 1989 as a common question is involved in these cases. 2. The Income-tax Tribunal, Gauhati Bench, Camp Patna, has referred the following question of law for the opinion of this court in relation to the assessment years 1979-80 to 1982-83 : 'Whether Section 171(9) of the Income-tax Act, 1961, is not applicable in the assessment years 1979-80 to 1982-83 even though the partial partition admittedly took place after December 31, 1978, on March 30, 1979 ?' 3. The short facts are that in the assessment year 1979-80, the assessee claimed that partial partition admittedly had taken place on March 30, 1979. The Assessing Officer accepted the claim of the assessee in relation to partial partition. Thereafter, the Assessing Officer initiated proceedings under Section 154 of the Income-tax Act, 1961 (hereinafter to be referred to as 'the Act'), as he was of the opinion that by virtue of insertion of...
Tag this Judgment!Lal Ratnakar Vs. Smt. Vinita Saha and anr.
Court: Patna
Decided on: Feb-25-1997
R.N. Sahay, J.1. This is an appeal against the judgment and decree of Additional District Judge, Patna, dated 27th March, 1996, whereby the appeal preferred by the appellant against the decree of Munsif in Eviction suit No. 26 of 1992 was dismissed.2. The current decree of the Court below is assailed in this appeal inter alia on the following grounds:(a) The court below did not apply their judicial mind to the oral and documentary evidence that has come on record and that evidence has not been considered resulting in erroneous finding.(b) There is no finding that the plaintiff had cause of action to institute the suit prior to the institution of the suit.(c) Finding of the Court below on default in payment of rent for the months of November and December, 1990, as mentioned under Exhibit, dated 21.12.90 paid under exhibit C 17 dated 7.2.91 when the admitted payment for the month of November, 1990 was made by the appellant to the ex-landlords under exhibit No. 37, dated 25.11.90.(d) The...
Tag this Judgment!Arvind Kumar Bajaj Vs. Jeebachh Lal Sah and ors.
Court: Patna
Decided on: Feb-25-1997
R.N. Sahay, J.1. This appeal is directed against the order dated 25.3.1996 passed by the Court below in R.S. No. 22 of 1994 refusing to grant injunction restraining the plaintiff for making any construction or changing the present physical feature of the suit land.2. The facts of the case, in brief, are that the plaintiff-respondents filed a suit for specific performance of contract alleging therein that the appellant had negotiated to sell the suit property described in Schedule I of the plaint for a consideration of Rs. 90, 000/- on 10.11.90 and an advance of Rs. 20, 100/- was paid towards the total consideration of the land in suit. The plaintiffs have further claimed that the appellant in token of the said agreement issued a receipt of the amount received as an advance and also executed a Mahadhama, agreement for sate, on 9.5.1991. The plaintiffs respondents have further claimed in suit that on several occasions the defendants have received money towards the consideration of the s...
Tag this Judgment!Bansi Sao Vs. Jageshwar Prasad Sao
Court: Patna
Decided on: Feb-24-1997
S.K. Chattopadhyaya, J.1. This civil revision application is directed against an order dated 15.2.96 by reason of which the learned court below has directed the petitioner-judgment debtor to execute the sale deed in favour of the opposite party/decree holder on accepting Rs. 1200/- and on failure of which the opposite party has been directed to deposit the said amount in the court for enabling the court to pass order for registration of the sale deed.2. The facts of the case lie in a narrow compass: The opposite party/plaintiff filed a title suit No. 73/84 for a decree for specific performance of contract stating, inter alia, that the petitioner/defendant entered into an agreement with the opposite party/plaintiff on 9th July, 1977 by which it was agreed that the petitioner would execute the sale deed in respect of the suit land in favour of the opposite party if the opposite party tenders consideration amount of Rs. 1000/- to him latest by 8.7.84. It is stated that the plaintiff/oppo...
Tag this Judgment!Dinesh B. Parikh Vs. State of Bihar and anr.
Court: Patna
Decided on: Feb-24-1997
R.N. Sahay, J. 1. Heard the parties. 2. This is an application to quash the entire proceeding in Complaint Case No. 166 of 1992 under Sections 276C and 277 of the Income-tax Act. 3. A complaint was filed by the Union of India against the petitioner stating that the petitioner is an assessee within the meaning of Section 2(7) of the Income-tax Act, 1961. The petitioner filed a return on November 30, 1988, declaring a total income of Rs, 2,29,230. The income was assessed under Section 143(1) at the total income of Rs. 2,29,230 by the Assessing Officer vide his order dated March 14, 1989. Subsequent thereto, an information was received that the assessee had sold 10,500 numbers of shares involving capital gains. The petitioner filed three separate returns before the Income-tax Officer, Ward 6(4) at Ahmedabad, who had made protective assessments in the names of the petitioner's three minor children. These incomes escaped assessment in the hands of the petitioner. Notice under Section 148 w...
Tag this Judgment!Janak @ Janaksao Vs. State of Bihar
Court: Patna
Decided on: Feb-21-1997
Loknath Prasad and N.N. Singh, JJ.1. Criminal Appeal Nos. 162/94-R; 175/94-R, 177/94-R and 157/94-R were taken up together as all these appeals had arisen from the common judgment of conviction passed by Sri R.C. Sathi, Sessions Judge, Cumla, in Sessions Trial No. 6/93 through which ail these appellants were convicted and sentenced to undergo rigorous imorisonment for life under Section 302/34 IPC This common judgment will dispose of all these four appeals.2. Criminal Appeal No. 162/94-R had been preferred by Janak @ Ram Janak Sao; Criminal Appeal No. 175/94-R had been preferred by Indrajit Sao and similarly in Criminal Appeal No. 177/94-R and 157/94-R Sheodayal Sao and Churan Sao are the appellants.3. The prosecution case, in short, is that the informant Phaiju Mahto of village Murkunda within Cumla P.S. in the evening of 9.10.92 alongwith his son Rambriksh Mahato had gone to neighbouring village Tirra in the house of Gajendra Mahato (P.W. 7), the son-in-law of Rambriksh and they sta...
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