Patna Court January 1998 Judgments

Mushtaque Ahmed Vs. the State of Bihar and ors.

Court: Patna

1. The decision rendered in this writ petition shall govern the disposal of the following writ petitions:--C.W.J.C. No. 11203 of 1997 (Abdul Hamid v. The State of Bihar and Ors.); C.W.J.C. No. 11204 of 1997 (Nayaz Ahmad v. The State of Bihar and Ors.); C.W.J.C. No. 11428 of 1997 (Md. Atahar Imam v. The State of Bihar and Ors.); C.W.J.C. No. 11433 of 1997 (Md. Abbas v. The State of Bihar and Ors.) : C.W.J.C. No. 11434 of 1997 (Md. Iftakhar Ahmad v. The State of Bihar and Ors.); C.W.J.C. No. 11435 of 1997 (Binod Kumar v. The State of Bihar and Ors.); C.W.J.C. No. 11538 of 1997 (Israr Ahmad v. The State of Bihar and Ors.); C.W.J.C. No. 11537 of 1997 (Ibrar Ahmad v. The State of Bihar and Ors.): C.W.J.C. No.-11600 of 1997 (Gopi Nath Prasad and Anr. v. The State of Bihar and Ors.); C.W.J.C. No. 11678 of 1997 (Govind Kumar and Ors. v. The State of Bihar and Ors.); C.W.J.C. No. 11840 of 1997 (Jagar Nath Prasad v. The State of Bihar and Ors.); C.W.J.C. No. 132 of 1998 (Dinesh Prasad and Ors. ...

Tasabur Khan Vs. State of Bihar and ors.

Court: Patna

S.K. Chattopadhyaya, J.1. Heard Mr. R.K'. Prasad foi' the petitioner and Mr. Sekhar Sinha for the State.2. The petitioner has impugned the order dated 15.10.1996 passed by the Judicial Magistrate, 1st class, Tenughat under Section 125, Cr.P.C. directing the petitioner-husband to pay a sum of Rs. 400/- per month as maintenance to the opposite party No. 23. It appears that Sahina Khatoon, wife of the petitioner filed a petition before the Court below under the aforesaid provision for grant of maintenance @ Rs. 2,500 / - per month for herself and her son and daughter alleging, inter alia, that the petitioner is earning Rs. 7,800/-per month. She had alleged that without any reason all of a sudden she was being tortured and was refused food, etc. The petitioner also stopped maintaining her and her children and she being a pardanashin Muslim woman, cannot main tain herself and her two children by accepting any job outside.4. On being noticed the Apposite party/husband appeared and filed sho...

Amarendra Nath Verma and ors. Vs. Bimleshwar Nath Verma and ors.

Court: Patna

M.Y. Eqbal, J.1. This Civil Revision applicationis directed against the order dated 7-5-1996 passed by Sub-Judge IV, Betiah, in Title Suit No. 13 of 1996, whereby the learned Court below directed the plaintiffs-petitioners to pay ad valorem Court fee as the suit falls under Section 7(iv)(c) of the Court-fee Act (hereinafter to be referred to as 'the said Act').2. The contention of the learned counsel for the petitioner was that the instant suit has been filed for partition and for declaration that the compromise decree passed in Title Suit No. 16 of 1983 is void and illegal and not binding upon these plaintiffs. Defendant No. 10 had filed the aforesaid Title Suit No. 16 of 1985 with respect to ancestral joint family properties and these plaintiffs had not been made party to that suit. It was further contended that the father of the plaintiffs has not made the defendant as Karta and manager of the joint family. So any signature made on the compromise is not binding on these plaintiffs....

Md. Isa Vs. the State of Bihar and ors.

Court: Patna

R.A. Sharma, J.1. Heard Counsel for the parties.2. Being aggrieved by an order dated 5.2.1997, passed by the Executive Engineer, Mechanical Division (Irrigation), Chandil, district Singhbhum (respondent No. 4), as contained in Annexure-6, retiring him from the post of helper on 31.10.1997, the petitioner has filed this writ petition. His grievance is that his date of birth is 2.10.1949 and as such he is entitled to continue in service upto 2007.3. The petitioner was employed in 1968. At the time of entering into service he was medically examined on the basis of which he was declared to be of 24 years old in 1968. His Service Book was also prepared and according to the petitioner, 2.10.1949 was mentioned as the date of his birth therein. As he was transferred from one place to another, his Service Book also followed him from place to place, but in the year 1995 it was discovered that his Service Book was not returned to Adityapur, to which place he was transferred. Apprehending foul pl...

State of Bihar and ors. Vs. Smt. Shiv Rani Devi and ors.

Court: Patna

1. This appeal is directed against an order dated 20th March, 1997, whereby the writ petition was allowed directing the Respondents to fix the post retirement benefit of the petitioner-respondent in accordance with the provisions of Rule 136 read with Rule 151 of the Bihar Pension Rules, which defines the term of emoluments.2. The short fact leading to this L.P.A. is that the respondent-petitioner is the widow of the deceased Government servant, who superannuated from the service. While working on deputation in the Housing Board, he earned promotion according to the Rules and accordingly on the basis of last pay drawn by him, the pension was fixed.3. It is contended that the petitioner-respondent's husband was on deputation and if he had earned any promotion, the parent department was not binding and therefore, he is not entitled to draw his pension on the basis of last pay drawn by him. The submission has no force.4. It is not that the petitioner/respondent's husband has earned his p...

State of Bihar and ors. Vs. Dr. Sudhir Kumar Thakur

Court: Patna

S.J. Mukhopadhaya, J.1. The State of Bihar and others, the appellants, have challenged the judgment passed by the learned single judge, dated 22.12.95, in C.W.J.C. No. 5969 of 1994.2. The writ petitioners (respondents herein) preferred writ petition for a declaration that the junior teaching posts of Registrar, Tutor and Assistant Professor cannot be reserved in favour of other backward category (O.B.C.) and challenged the notification dated 11.11.79 to that effect.3. The main contention of the writ petitioners (respondents) was that the junior teaching posts are promotional post, therefore, the provision of reservation for O.B.C. is, not applicable.On the other hand, the contention of the appellants (herein) was that the appointment to the junior teaching posts is made by direct recruitment, so the provision of reservation for O.B.C. is applicable.Learned single judge held that the junior teaching posts of Registrar/Tutor/Assistant Professors are promotional posts and declared that n...

Lakhan Sao and anr. Vs. State of Bihar

Court: Patna

P.K. Sarkar, J.1. This Criminal Appeal arises out of the judgment and order dated 6.9.1991 passed by Shri Laxman Oraon, 1st Additional Sessions Judge, Nawadah in Sessions Trial No. 27 of 1990/81 of 1988, whereby he found the appellant Bldeo Chauhan guilty under Section 302 of the Indian Penal Code (hereinafter to be called as 'the Code'). He also held the appellant Lakhan Sao guilty under Section 302/34 of the Code. He, therefore, sentenced each of the appellants to undergo R.I. for life under the aforesaid section. He further found both the appellants guilty under Section 27 of the Arms Act and sentenced them to undergo R.I. for three years. He further ordered that both the sentences will run concurrently.2. The facts giving rise to the present appeal, in short, is that in the night of 22nd March, 1987, the informant Kishori Sao alongwith his brother Parmeshwar Sao (deceased) were thrashing wheat in their Khalihan in village Gangti, P.S. Pakribarawan in the District of Nawadah. The i...

Ravindra Kumar Agrawal and anr. Vs. Raghunath Prasad

Court: Patna

M.Y. Eqbal, J.1. This Civil revision application by the defendant/petitioner is directed against the judgment and Order dated 24.5.1996 passed by 3rd. Additional District Judge, Muzaffarpur in Eviction Appeal No. 5/94 whereby and whereunder the appeal was allowed and the suit was decreed for eviction of the defendant/petitioner in respect of the entire tenanted premises.2. The plaintiff/opposite party filed Eviction Suit No. 56 of 1986 in the Court of Munsif, Muzaffarpur for eviction of the defendant/petitioner from the suit premises on the ground of bonafide personal necessity. The plaintiff's case, inter alia, is that he is the owner of the building bearing holding No. 86 located in Mohalla Nayatola. Ward No. 26 at Niteshwar Marg in the town of Muzaffarpur. The holding in question is double storied building wherein the plaintiff resides with his family members. The plaintiff's further case is that the defendant was inducted as tenants in the first floor of the building in respect of...

Tata Yodogwa Ltd. Vs. Deputy Commissioner of

Court: Income Tax Appellate Tribunal ITAT Patna

Reported in: (1998)67ITD174(Pat.)

2. The original assessment in this case, was completed under section 143(3) on 10-8-1989 on a total income of Rs. 58,32,820. It was modified by an order under section 251 of the IT Act determining total income at Rs. 57,79,580. In the original assessment a deduction of Rs. 18,54,101 had been allowed under section 32AB of the IT Act. Later on it appeared from the record that the deduction had been wrongly allowed. A notice under section 154 was issued on 23/24-1-1991 for rectification. It was pointed out to the assessee that as per the provisions of section 32AB(3)(a) the amounts of Rs. 95.25 lakhs (write back of liability), Rs. 10.75 lakhs (capital gains) and Rs. 5.05 lakhs (income from other sources) had been wrongly taken in the computation under section 32AB.3. The assessee furnished reply to the Assessing Officer which is reproduced as under : "4. It will be clear from the provisions of sections 32AB(3) that the computation of profits of eligible business or profession will have t...

Pradeep Lamp Workers Union Vs. State of Bihar and ors.

Court: Patna

S.N. Mishra, J. 1. In this writ application the petitioner M/s. Pradeep Lamp Workers Union through its General Secretary has questioned the award of the Industrial Tribunal, Patna, dated May 12, 1986, whereby it has been held that the petitioner Management is not an industry and, as such, the Engineering Wage Board is not applicable to its employees. 2. Admittedly, there are two Unions in the Management, one is the petitioner and other is Karamchari Sangh, which is the recognised union of the Management. A dispute arose regarding the payment of wages some time in the year 1982. There was a lock-out in the factory from September 8, 1991 to November 9, 1981. The State Government by its Notification No.IV/D2-230/33/81 L & E-513 dated March 23, 1982 has made a reference of the entire dispute between the Management of M/s. Pradeep Lamp Works (hereinafter referred to as the Management) and its employees under Section 10(1)(d) of the Industrial Disputes Act, 1947 in die following terms: (1...