Patna Court October 1999 Judgments
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Ganauri Sonar Vs. State of Bihar
Court: Patna
Decided on: Oct-26-1999
R.N. Sahay, J.1. The appellant Ganauri Sonar, who was aged about 22 years at the time of occurrence, has been convicted for the offence of raping a minor girl aged about 9-10 years named Sushila. The occurrence took place at 9.00 p.m. on 3-2-1988. The girl was raped while she was going home from her father's shop after taking meal. She was raped in the house of the appellant situated 400 yards away from Obra Police Station. The appellant has been sentenced to eight years' imprisonment by the Sessions Judge, Aurangabad, who tried the appellant. Since the appellant was refused bail at the very initial stage, he has served out the sentence.2. The appellant's defence was that he was implicated at the instance of Achhay Lal Prasad (P.W. 2), who is uncle of the victim girl. The First Information Report was lodged on 4-2-1988 at 2.00 p.m. The girl was examined on 5-2-1938 by lady doctor Asima Paul of Aurangabad Hospital.3. This is a well proved case and there is no ground to interfere with ...
Nanda Bhat Vs. State of Bihar
Court: Patna
Decided on: Oct-26-1999
R.N. Sahay, J.1. This is jail appeal. The appellant Nanda Bhat, who was resident of village Amuni, P.S. Mewadih in the district of Barabanki (U.P.), has been convicted under Section 395 of the Indian Penal Code and sentenced to seven years imprisonment by the 5th Additional Sessions Judge, Munger by his judgment and order dated 3-7-1991.2. On 16-4-1988, Dwarika Singh, driver of a Public Carrier Truck No. BRB-9125 was passing through Jamui Malepur Road. The truck loaded with coal, was on its way to Madhubani. On Jamui Malepur Road, tyre of the truck got punctured near Khairma Bridge. The truck was stopped to change the wheel. Owner of the truck Ashok Shah was also in the truck. The driver, owner and the khalasi were engaged in the process of changing the tyre. In the meantime, 5-6 persons came running and asked these persons not to move. Some of them were also armed with lethal weapons and aforesaid three persons were held captive and taken on the left side of the road. The owner and ...
income Tax Officer Vs. Mangalam Chemicals
Court: Income Tax Appellate Tribunal ITAT Patna
Decided on: Oct-20-1999
1. Appeal by the Revenue is directed against the order dt. 3rd July, 1996, of the learned CIT(A), Ranchi and the relevant assessment year is 1993-94.2. In grounds of appeal, the assessee has set forth as many as 4 grounds, but in effect they are against the deletion of Rs. 92,418 from trading a/c having accepted fresh evidence in violation of r. 46A of the IT Rules. The assessee is a registered firm. It is engaged in reclamation of used lubricant oil. For the assessment year under consideration it filed its return of income on 27th October, 1993, disclosing total income of Rs. 6,400 which was processed under s.143(1)(a) of the IT Act. But, however, later on the same was taken up for scrutiny. In course of assessment proceedings the assessee filed its audited books of accounts and audited manufacturing and trading a/c, etc. It was noted that on total sale of Rs. 1,02,67,414 the assessee disclosed g.p. of Rs. 16,53,043 which was 16.10 per cent.According to the AO it was low in compariso...
income Tax Officer Vs. Mangalam Chemicals
Court: Patna
Decided on: Oct-20-1999
Jordan Kachchap, J.M.Appeal by the revenue is directed against the order dated 3-7-1996, of the learned Commissioner (Appeals), Ranchi and the relevant assessment year is 1993-94.2. In grounds of appeal, the assessee has set forth as many as 4 grounds, but in effect they are against the deletion of Rs. 92,418 from trading account having accepted fresh evidence in violation of rule 46A of the Income Tax Rules. The assessee is a registered firm. It is engaged in reclamation of used lubricant oil. For the assessment year under consideration it filed its return of income on 27-10-1993, disclosing total income of Rs. 6,400 which was processed under section 143(1)(a) of the Income Tax Act. But, however, later on the same was taken up for scrutiny. In course of assessment proceedings the assessee filed its audited books of accounts and audited manufacturing and trading account, etc. It was noted that on total sale of Rs. 1,02,67,414 the assessee disclosed gross profit of Rs. 16,53,043 which ...
Smt. Durgesh Nandini Vs. State of Bihar and ors.
Court: Patna
Decided on: Oct-14-1999
Radha Mohan Prasad, J.1. The petitioner in this writ application is widow of late Sushil Kumar Singh, who was Principal in Jagdamb College, Chhapra, then under the control of Bihar University now Baba Sahab Bhim Rao Ambedkar University, Muzaffarpur. The husband of the petitioner retired from service on 31-1-1991 and ultimately, he died on 26-1- J992 without finalisation of is pensionary benefits. Petitioner in terms of general directions of this Court in the case of Rukmini Devi v. State of Bihar and Ors. reported in 1996(2) P.L.J.R. 348, sent legal notice long back on 14-9-1996 (Annexure-3) to the Vice-Chancellor, Finance Officer and the Registrar of the said University but the claim was not considered and disposed of in terms of the said general directions.2. Earlier a criptic counter-affidavit was filed on behalf of the said authorities of the University without giving any details about the amount found payable to the petitioner after the death of her husband or the amount if any ...
imtiaz Ansari Vs. State of Bihar
Court: Patna
Decided on: Oct-14-1999
Deoki Nandan Prasad, J.1. The sole appellant has challenged the judgment of conviction and order of sentence dated 24-9-1997 passed by Shri Satyendra Kumar Gupta, the then learned Sessions Judge, Bokaro (Camp at Tenughat) in S.T.No. 220 of 1995, whereby the learned Sessions Judge convicted the appellant under Section 376(1)/366 of the I.P.C. and sentenced to undergo Rigorous Imprisonment for eight years under Section 376(1) of the IPC and to pay a fine of Rs. 3000/- and in default of which to further undergo R.I. for one year. The appellant was further sentenced to undergo R.I. for seven years under Section 366, IPC and to pay a fine of Rs. 2000/- in default of which further to undergo R.I. for a period of six months. However, both the sentences ordered to run concurrently.2. The case of the prosecution in brief is that one Ramayan Chouhan, the Informant submitted a written report before the police (Gomia) alleging therein that on 10-8-1995 due to urgent work he had gone to his villag...
Anil Kumar Gupta Vs. State of Bihar
Court: Patna
Decided on: Oct-14-1999
Anil Kumar Sinha, J.1. This appeal has been directed against the Judgment dated 11.12.1987 (Award signed on 4.1.1988) passed by the Subordinate Judge-cum-Land Acquisition Judge, Palamau at Daltonganj, by which he raised the rate of compensation of the acquired lands from Rs. 16, 900/-per acre to Rs. 1,00,000/- (one lakh) and also awarded 15% interest over the amount as also interest(r) 6% per annum from the date of the communication of the notification under Section 4 of the Land Acquisition Act (hereinafter referred to as the 'Act') till the date of taking possession or making award by the Collector, whichever is earlier.2. The relevant facts concerning this appeal are that by notification No. D.L.A. 32/77-1713R dated 1.6.1977 39 Dec. of land of plot No. 663, under khata No. 22, of village Uchari Mohall Garhwa town, district Palamau was acquired by the Collector, Palamau, for agricultural marketing yard at Garhwa. The Collector awarded compensation in L.A. Case No. 161 /74 of 1979 in...
Haridwar Choubey Vs. the Managing Director, Bihar State Financial Corp ...
Court: Patna
Decided on: Oct-14-1999
S.N. Jha, J. 1. This Letters Patent Appeal is directed against the judgment and order of a learned single Judge of this Court dated 25-6-99 in CWJC No. 9667 of 1998 dismissing the appellant's writ petition. 2. The dispute relates to the sale of the mortgaged assets of M/s. Rama Rice Mill situate at Banauli within Chenari P.S. of Rohtas District, at the instance of the Bihar State Financial Corporation ('the Corpora-tion', for short) under the provisions of the State Financial Corporations Act, 1951 ('the Act for short). The appellant filed the abovemcntioned writ petition seeking, initially,a mandamus commanding the Corpo-ration not to sell the mill in favour of any third party including respondent No. 3 Md. Azim, and consequential directions. By amendment, later, he prayed for quashing the order dated 24-9-98 regarding sale of the mill in favour of respondent No. 3 and the sale agreement dated 14-11-98 entered into with him i.e. respondent No. 3. 3. The case of the appellant, as st...
Amala Mazumdar and ors. Vs. Bishwanath Pabra
Court: Patna
Decided on: Oct-14-1999
P.K. Deb, J.1. This appeal has been preferred against the judgment and decree dated 14-10-93 passed by the 1st Additional District Judge, Katihar in Tit 19 Appeal No. 25/90 affirming the judgment and decree dated 24-8-90 passed in Title Suit No. 78/81 by the 1st Additional Munsif, Katihar. Thus, this appeal has been preferred against the concurrent findings of both the Courts below in respect of eviction of the plaintiff Ram Peyari Devi (her heirs have been substituted during the pendency of the appeal on her death) filed Title Suit No. 78/81 contending, inter alia, that she was the owner of a pucca building consisting of several rooms situated at Station Bazar (Mangal Bazar) Katihar in Mauza Mirchai, P.S. Katihar, District Katihar appertaining to Tauzi No. 1239, Thana No. 328, Khata No. 274, Plot No. 619, Holding No. 83, Ward No. 15 of Katihar Municipality. It was her further case that the appellant defendant was a tenant of two pucca rooms with pucca platform constructed by the pla...
Naini Gopel Kumar Vs. State of Bihar and ors.
Court: Patna
Decided on: Oct-14-1999
Radha Mohan Prasad, J.1. In this writ petition, prayer of the petitioner is to quash Annexure-4 issued by the Information and Public Relation Department, Government of Bihar rejecting the application of the petitioner to condone the break in service during the period 9-8-1955 to 30-11-1955, and further petitioner has sought for a mandamus directing the Respondents-authorities to re-fix his pension after condoning the said period of break of 114 days and to make payment of revised pension with effect from the date of super-annuation till date.2. In short, the relevant facts are that on 26-1-1950, the petitioner was appointed as temporary Assistant in the Bihar Legislative Council. He was confirmed and made permanent on the post of Assistant on 29-12-1952 and worked in the Council till 8-8-1955. Thereafter, the petitioner joined in the University service on 9-8-1955 and worked there for 114 days, i.e. up to 30-11-1955, whereafter he again joined in the Government Department on the post...
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