Patna Court May 1997 Judgments

Shree Bhagwati Hosiery Mills Pvs. Ltd. Vs. State of Bihar and ors.

Court: Patna

B.P. Singh and N.K. Sinha, JJ.1. The petitioner herein has Impugned the order passed by the Commissioner, Bhagalpur Division exercising revisions jurisdiction under the Bihar Buildings (Lease, Rent and Eviction) Control Act. By the impugned order the revisional authority had set aside the order passed by the Controller fixing lair rent at the rate of 1.15 per sft. and modified the same to 62.5 paise per soft, in view of the judgment of this Court reported in AIR 1994 Patna 28. He has taken the view consistent with the aforesaid judgment that in fair rent fixation proceeding enhancement of rent cannot he permitted in excess of 25 per cent of the rent earlier payable by the tenant to the landlord. The said order of the Commissioner is contained in Annexure-I to the writ petition.2. It appears that one of us sitting singly (B.P. Singh, J.) decided in the Secretary, Balika Shiksha Bhawan v. State of Bihar 1990 (1) PLJR 61 that the proviso to Section 8(1)(c) cannot be so read as to mean th...

Ajmeri Khatoon Vs. State of Bihar and ors.

Court: Patna

Choudhary S.N. Mishra, J.1. The petitioner is the widow of late Jannal: Ansari, who has been killed while he was under Police handcuffs in the Court premises, has filed this writ application under Article 226 of the Constitution of India for issuance of a writ of mandamus commanding the State and its officials to pay a sum of Rs. 10,000,00/- (ten lacs) by way of compensation and/or damages for failure to protect the life of her husband while her husband was in the Court premises under the police handcuffs. Further prayer of the petitioner in this case is for a direction to the respondents to pay monthly compensation at the rate of Rs. 2,000/- for maintenance of the petitioner and for education and maintanance of her minor daughter.2. Admitted fact of this case is that the deceased Jannat Ansari was in judicial custody as an under-trial prisoner in an offence punishable under Section 302/34 of the Indian Penal Code. On 14.10.96 late Janna't Ansari was brought by the police under handcu...

Rukaiya Begum and ors. Vs. Fazalur Rahman and ors.

Court: Patna

M.Y. Eqbal, J. 1. The Defendants-Appellants have filed this appeal under Clause 10 of the Letters Patent of the Patna High Court Rules;, challenging the judgment and order passed by thelearned single Judge of this Court in F.A. No. 130 of 1982 (R) whereby and whereunder the learned single Judge reversed the judgment and decree passed by the trial Court and decreed the suit for partition in respect of part of the properties. 2. The plaintiffs-respondents filed P.S. No. 8 of 1976 claiming half share in the suit properties left by Late Muslim Khan. The said suit was dismissed by the learned 2nd Additional Subordinate Judge, Giridih, in terms of the judgment and decree dated 23-5-1982. 3. The brief facts of the case are as follows:- The plaintiffs-respondents filed the aforesaid suit claiming partition of half share in the suit properties allegedly left by Late Muslim Khan and after his death they inherited the same according to the law of inhcritcncc under the Mahomeddan Law. From the ...

Shanti Complex Vs. Income-tax Officer

Court: Income Tax Appellate Tribunal ITAT Patna

Reported in: (1997)63ITD181(Pat.)

1. This is an appeal filed by the assessee and a cross appeal filed by the Department. Both are being disposed of by a common order for the sake of convenience.2. The dispute relates to an addition of Rs. 1,37,400 made by the Assessing Officer for unexplained investment in construction of a building under section 69 of the Act. The assessee constructed a hotel complex called "M/s. Shanti Complex" and the investment shown during the year was Rs. 95,440. It is mentioned in the assessment order that the total cumulative investment up to the year was shown at Rs. 9,94,522, but this figure has been challenged by the ld. counsel for the assessee as incorrect and the correct figure is stated to be Rs. 5,02,656. The assessee admittedly did not maintain proper books of account for the construction and, therefore, the Assessing Officer referred the question of cost of construction to the Departmental Valuation Cell. According to the Valuer's Report, the estimated cost of construction was Rs. 12...

Mohammad Faizan and anr. Vs. State of Bihar and ors.

Court: Patna

Reported in: AIR1998Pat64

1. These two writ petitions involving common questions and based on similar facts have been heard together and are being disposed of by this common judgment and order. In both the writ petitions the petitioners, who at the relevant time were the Chairman and the Secretary-cum-manager of the Co-operative Societies concerned, have challenged the award passed by the Assistant Registrar, Co-operative Societies under Section 48 of the Bihar Cooperative Societies Act making the petitioners liable for payment of the dues claimed by Nalanda District Central Co-operative Bank (respondent No. 2 herein). The order of the Assistant Registrar has been upheld in appeal and revision preferred under the Act. The amount awarded to respondent No. 2 'Bank is sought to be realised by way of arrears of land revenue and accordingly certificate cases have been initiated against the petitioners. The petitioners have, therefore, impugned the orders passed by the authorities under the Act, which are Annexures 6...

Mangalmoy Banerjee Vs. State of Bihar and anr.

Court: Patna

Prasun Kumar Deb, J.1. Today again a supplementary show cause has been filed by opposite party No. 2, Parwez Akhter, Deputy Superintendent of Police (Law and Order), Hirapur, Dhanbad, and in paragraphs 1 and 2 of the supplementary show cause, the officer expressed his unqualified apology for the letter which is Annexure 2 to the contempt petition written by him by which definitely the prestige of not only the individual lawyer has been derogated but the whole class of lawyers who are considered to be the officers of the Court are being disgraded.2. Mr. P.K.Sinha, appearing for and on behalf of the officer concerned (opposite-party No. 2) submits that without going in to the further controversy into the matter, the whole letter as contained in Annexure-2 is withdrawn as a whole. Now the question comes in whether by withdrawal of the letter (Annexure-2) alone can make the writer of it immuned from contempt?. Definitely insultation and insinuation already made cannot be restored to by si...

Assistant Commissioner of Vs. Kumar Ice

Court: Income Tax Appellate Tribunal ITAT Patna

Reported in: (1998)64ITD93(Pat.)

1. This is an appeal, filed by the Department and a Cross Objection (C.O.), filed by the assessee. They are being disposed of by a common order for the sake of convenience.2. The departmental appeal is directed against an order of the CIT(A) deleting the addition of Rs. 1,25,000 as cash under section 68 of the Act, in the names of 12 person, 6 of whom were minors, as listed below :12. Rabindra Kumar Singh Rs. 11,000 ------------ 3. The Assessing Officer (A.O.) observed in the assessment order that the assessee had furnished confirmations of all the creditors who were being assessed to income-tax at Calcutta. However, a perusal showed that the deposits were unaccounted money of the partners. The creditors had given a common address at 10, Ezra Street, Calcutta, which was actually the office address of the Chartered Accountant of the whole group. The parents of the minors were also the creditors and had given their addresses as Maharani Road, Gaya. The Assessing Officer took a view that...

United India Insurance Co. Ltd. Vs. Sheo Jhari Devi and ors.

Court: Patna

M.Y. Eqbal, J.1. This appeal is directed the learned District Judge-cum-Accident against the judgment and award passed by Claims Tribunal, Dhanbad, in title Suit No. 18 of 1987, whereby and whereunder the learned Claims Tribunal awarded a sum of Rs. 1,50,000 by way of compensation under the Motor Vehicles Act.2. The claimants-respondents are the widow and minor children. The claimant widow filed an application for grant of compensation on account of death of her husband caused in a motor vehicle accident. According to the claimant, on 17.12.1986 at about 11.45 a.m. the deceased was coming on foot from his office to his quarter, he was dashed by a bus bearing registration No. BHG 7315 as a result of which he died instantaneously on the spot. Deceased was permanent employee of Salanpur Colliery as assistant in grade III.3. From the impugned judgment passed by the learned Claims Tribunal, it appears that notices were sent to opposite parties, namely, owner and insurer of the vehicle and...

Smt. Maina Devi @ Mainabati Bageria and anr. Vs. Mohammed Asagar

Court: Patna

P.K. Deb, J.1. This appeal has been preferred against the judgment and decree dated 5.5.1994 passed by Shri Raja Ram Singh, the then District Judge, Giridih in Title Appeal No. 8 of 1993 reversing the judgment and decree dated 6.2.1993 passed by Shri Vijay Bahadur Singh, Sub-Judge-III, Giridih in Title Suit No. 92 of 1986.2. The suit of the plaintiff-respondent was dismissed in the original court while the said dismissal had been set aside in the First Appellate Court and decree has been granted in favour of the plaintiff-respondent.3. The suit was filed by the plaintiff-respondent for declaration of his right, title and interest in respect of the suit property which appertains to Dag No. 1300 and 1301 under Khata No. 187 of village Jaridih Pachamba. It is the admitted case of the parties that Rangu Gaddi and Mithu Gaddi were jointly recorded as Basatu right over Khata No. 187 having various plots and Dag numbers. The Khata was recorded under joint names of Rangu Gaddi and Mithu Gaddi...

Gauri Shankar Choudhary Vs. Additional Commissioner of Income-tax and ...

Court: Patna

1. The petitioner herein has filed the instant writ petition for quashing of the notice issued to him under Section 148 of the Income-tax Act for the assessment year 1981-82 calling upon the petitioner to file a return of income to assess the escaped income of the person named in the notice. He has also prayed for quashing of the assessment order passed on March 13, 1997 (annexure-3), as also notice of demand raised in pursuance thereof. He has further prayed for a declaration that no interest under Sections 139(8) and 217 of the Income-tax Act is leviable in the course of proceedings under Section 147 of the Act. The impugned notice (annex-ure-1) was issued on January 22, 1996. On receipt of the said notice, the petitioner, by his letter dated September 26, 1996, objected before the Income-tax Officer and stated that the notice issued was prima facie barred by limitation, and further that no basis or reasons have been stated in the notice for initiation of the proceedings in question...