Patna Court July 1997 Judgments

Smt. Usha Kumari Vs. Principal Judge, Family Court and ors.

Court: Patna

A.K. Ganguly, J. 1. The subject-matter of challenge in this writ petition is an order dated 3rd January, 1995 passed by the Principal Judge, Family Court, Patna. By the said order the Principal Judge, Family Court, Patna passed an order on the petition of the husband under Section 26 of the Hindu Marriage Act for the custody of the child. The concluding portions of the said order about the custody of the child are set out: 'In view of the above, the petition of the petitioner Under Section 26 of the Hindu Marriage Act is allowed and the father petitioner is held entitled to the custody of the child Vibhav. The mother respondent is directed to hand over the child Vibhav to the petitioner, but it is further directed that during holidays i.e. summar vacation and Durga Puja vacation the child Vibhav will remain with the mother respondent. The father petitioner will produce the child in the Court before the beginning of the school holidays for handing over to the mother and after the holi...

Mohan Kumar Singh and anr. Vs. State of Bihar

Court: Patna

Prasun Kumar Deb, J.1. Entire criminal proceedings before the Speciai Judge, E.C. Act, Hazaribagh, in Markacho P.S. Case No. 41 of 1990 under Section 7 of the Essential Commodities Act (the Act) for the violation of the provisions of the Bihar Trade Articles (Licenses Unification) Order, 1984 (the Unification Order) has sought to be quashed in this petition under Section 482 of the Code of Criminal Procedure (the Code).2. On 1.9.1990 Mr. M. Singh, Assistant Sub-Inspector of police intercepted two public carrier trucks bearing registration Nos. BPL 6261 and BPI 6252 loaded with Coal. On demand the driver produced invoices issued from the Eastern Coalfields Limited. Chitra, in favour of Dasrath Choudhary of Karamnasa and R.S. Choudhary of Kajuna Bazar. For verification of the documents, the trucks were detained. On verification it was alleged that no person by name Daosrath Choudhary and R.S. Choudhary were residing at the respective places at Karamnasa and Kajuna Bazar and as such it w...

Bihar Electricity Board and ors. Vs. Usha MartIn Industries Ltd.

Court: Patna

Nagendra Rai, J.1. This Letters Patent Appeal is directed against the order dated 10.7.1996, passed in C.W.J.C. No. 1388 of 1996 (R) by a learned Single Judge of this Court, by which he allowed the writ application filed by the writ petitioner-respondent and quashed the bill dated 4.4.1996, contained in Annexure-2 to the writ application, whereby the respondent was asked to pay a sum of Rs. 11, 42, 34, 683, 71 IPS, towards the assessed loss in energy charges from 17.6.1974 to 31.12.1990 and fuel surcharge on energy loss assessed.2. The respondent is a Public Limited Company incorporated under the Companies Act and is engaged in manufacturing alloy steels billets at its factory situated at Gamharia (Usha Alloys and Steel Division) and for running its factory, it has taken electric connection on contract demand, which was enhanced from time to time and at present it is 19.5 MVA under the HT line and the supply line is of 33 KV, which was taken on 17.4.1974.3. The Respondent's assertion ...

Shambhu Nath Sikaria Vs. State of Bihar and anr.

Court: Patna

B.M. Lal, C.J.1. learned Counsel is a permitted to make necessary correction in the petition with regard to number of police case.2. learned Counsel appearing for the petitioner submitted that the first information report as lodged against the accused persons for investigation and charge-sheeting the petitioner is contrary to the provision of Section 63 of the Standards of Weights and Measures (Enforcement) Act, 1985 (hereinafter to be referred to as 'the Act'). This provision envisages that for any offence punishable under this Act an accused can be prosecuted only by filing a complaint under Section 200 of the Code of Criminal Procedure. But in the instant case, first information report was lodged which is being investigated by the police agency and subsequently, according to the provision of Section 63 of the Act, a complaint is also filed after taking necessary permission.3. The grievance of learned Counsel is that lodging of first information report and pursuant to that investiga...

Baba Pulp and Fruits Ltd. Vs. Central Bureau of Investigation and ors.

Court: Patna

N.K. Sinha, J. 1. Heard learned counsel for the parties. 2. The petitioner, Baba Pulp and Fruits Limited, is a company registered under the Companies Act, 1956, which is a hundred per cent, export oriented unit engaged in the export of fresh fruits and vegetables in the international market. The company has a current account (C.A.27) with Canara Bank, Boring Road Branch, Patna (respondent No. 4), The branch manager of the bank (respondent No. 5) through his letter dated September 10, 1996 (annexure-1), informed the petitioner's lawyer that the operation of the said account has been stopped pursuant to letter dated February 12, 1996 (annexure-11), of the officer-in-charge of Barkatta police station and later on, in pursuance of letter dated August 28, 1996, of the Superintendent of Police, CBI, in connection with investigation of CBI, Patna Case No. RC-42(A)/96-Pat(A.H.D), the company through its managing director, Shri Anil Kumar Sinha, in this writ application, seeks quashing of a...

Binod Kumar Sinha Vs. the State of Bihar and ors.

Court: Patna

Prasun Kumar Deb, J.1. The order passed by respondent No. 2, the Director General-cum-Inspector General of Police, Bihar, Patna, vide Memo No. 5218 dated 31.10.1996 (Annexure-14) has been sought to be quashed by this writ application.2. By the above mentioned order, the respondent No; 2 has not only rejected the petitioner's case for promotion on the post of Sub-Inspector or Police after placing him at proper place in the gradation list of Assistant Sub-Inspectors of Police, it has also cancelled the earlier order of selection grade granted to the petitioner vide order dated 13.1.1989.3. The petitioner was recruited as a Constable in the Bihar Police Force On 10.4.1973 and was posted in the district of Darbhanga. He was promoted to the rank of Assistant Sub-Inspector of Police with effect from 12.1.1976 vide' Darbhanga D.P.F. Order No. 404/77 by the Superintendent of Police, Darbhanga, on the basis of his extra-ordinary merit and efficiency. The said order of promotion is contained in...

Lal Saraf Vs. State of Bihar and anr.

Court: Patna

Naresh Kumar Sinha, J. 1. The petitioner is an income-tax assessee. On the allegations that there was concealment of substantial income for the assessment year 1982-83 a notice was issued under Section 139 of the Income-tax Act (hereinafter referred to as the 'Act'), to him on December 6, 1982. The petitioner failed to submit a return of income by the due date. The return was actually filed on December 17, 1985. Thus, on the basis of a complaint filed by the Income-tax Officer, the petitioner is being prosecuted under Section 276CC of the Act for not furnishing the return of income by the due date as required under Sub-section (2) of Section 139 and Section 148 of the Act. The petitioner seeks quashing of his criminal prosecution vide Complaint Case No. 62 of 1986 presently pending before the Special Court (Economic Offences), Muzaffarpur.2. Sri K. N. Jain, learned counsel appearing for the petitioner, argued that on the basis of materials already on the record and not disputed by the...

Asst. Commissioner of Income-tax Vs. Nageshwar Prasad (Late). (by

Court: Income Tax Appellate Tribunal ITAT Patna

Reported in: (1997)63ITD29(Pat.)

18. As we differ in our views in the above case, we request the President to kindly refer the matter to the Third Member on the following points : (1) Whether, on the facts and circumstances of the case, penalty under section 271(1)(c) of the Income-tax Act, 1961, can be validly levied in law on legal heirs of the deceased, when the return of income was filed by the deceased during his life time (2) If so, whether on the facts and circumstances of the case, penalty under section 271(1)(c) of the Income-tax Act, 1961, levied on the legal heir of the deceased, should be upheld, or cancelled on merit (1) Whether, on the facts and in the circumstances of the case, the son and one of the legal representatives of the deceased and who is deemed as an assessee as per section 159 of the Income-tax Act, 1961, can be penalised under section 271(1)(c) of the Act for the alleged offence by the deceased in concealing the true income chargeable to tax (2) Whether, on the facts and in the circumstanc...

Prayag Lal Agrawal Vs. State of Bihar

Court: Patna

1. In this application under section 482 of the Code of Criminal Procedure, 1898 the petitioner has come up for quashing the Complaint Case No. 308 of 1992, instituted for the offence under sections 276C and 277 of the Income Tax Act, 1961 ('the Act') pending in the Court of the Special Court (Economic Offences), Muzaffarpur.2. On 27-3-1991, the Assistant Commissioner Investigation Circle-1, Dhanbad, passed order (Annexure- 1) under sections 143(3) and 251 of the Act, for the assessment year 1982-83 and made addition of Rs. 40,400 as income of the petitioner from other sources on the basis of certain papers seized in the course of a search operation. The said amount of income of the petitioner was not explained.3. On the basis of the said finding arrived at by the assessing officer, the Assistant Commissioner Investigating Circle-1, Dhanbad, the opposite party No. 2 herein, filed a complaint against the petitioner in the Court of the Special Judge (Economic Offences), Muzaffarpur, whi...

Satya NaraIn Dahnia Vs. State of Bihar

Court: Patna

Sinha, J.The petitioner seeks quashing of his prosecution under sections 276C and 277 of the Income Tax Act, 1961 ('the Act') as also the order taking cognizance. The said proceeding is pending before the Special Court (Economic Offences), Muzaffarpur vide complaint Case No. 443 of 1991.2. The Income Tax Officer filed a complaint against seven persons including the petitioner alleging commission of the aforesaid offences for the assessment year 1980-81. Kashi Ram Dalmia is a URF firm and accused Nos. 2 to 7 including the petitioner are said to be the partners of the said firm. The firm had filed a return of income on 20-10-1983 showing an income of Rs. 1 lakh for the assessment year in question. Subsequently on the basis of search operation a fresh assessment was done and the assessment was made on total income of Rs. 1,42,600 after adding undisclosed income of Rs. 62,000. On appeal, the Commissioner (Appeals) vide his order dated 14-7-1987 reduced the income after affirming the addit...