Patna Court April 2004 Judgments
Bhudeo Sharma Vs. Nagendra Kumar Sharma and ors.
Court: Patna
Decided on: Apr-06-2004
S.K. Katriar, J.1. The opposite party is the appellant. This appeal is directed against the judgment and decree dated 26.7.1978, passed by the learned 2nd Additional District Judge, Saran, Chapra, in Probate Case No. 13 of 1973 Nagendra Kumar Sharma v. Bhudeo Sharma, whereby he has allowed the application filed by respondent No. 1 herein under the provisions of Part IX of the Indian Succession Act, 1925 (hereinafter referred to as the 'Act') for probate of the Will stated to have been executed by Bechu Rai in favour of the petitioner on 5.12.1960 (Exhibit-2), and for grant of letters of administration, with respect to the properties detailed in Annexure-A to application. We shall go by the description of the parties occurring in the plaint.2. According to the case of the petitioner (respondent No. 1 herein), Bechu Roy (deceased) had executed his Will dated 5.10.1960 (Exhibit-2) in favour of the petitioner. The wife of Bechu Roy had pre-deceased him and he himself died issueless on 10....
Tag this Judgment!Shivnandan Singh Vs. L.i.C.
Court: Bihar State Consumer Disputes Redressal Commission SCDRC Patna
Decided on: Apr-06-2004
D.P.S. Choudhary, President: 1. The complainant is the appellant who has preferred the appeal against the order dated 3.2.2003 passed by District Forum, Nawadah in Complaint Case No. 81/99 where-under the complaint was dismissed. 2. The brief fact of the case is that late Asha Devi mother of appellant No. 2 took a life insurance policy for a sum assured of Rs. one lac vide Policy No. 511009566 from the L.I.C.-respondent at Nawadah Branch with effect from 28.2.1997. The life assured had filled up the form and deposited the required premium amount which the L.I.C. accepted. The assured had nominated the appellant-complainants as nominee in the proposal form (Annexure-1). Asha Devi has joined CRPF as peon on 27.12.1995 and she was found medically fit at the time of joining. She has taken only once medical leave from 2.12.1996 to 5.12.1996 due to excess bleeding in her mensuration period. The assured Asha Devi suddenly died on 22.10.1997 due to cardic respiration failure in operation theat...
Tag this Judgment!Hadiya Panchayat Harijan Pathther Kalti Audhyuogik Sahyog Samiti Ltd. ...
Court: Patna
Decided on: Apr-05-2004
Chandramauli Kr. Prasad, J.1. This application has been filed for quashing the order dated 5.9.2001 (Annexure 3) passed by the Collector, Nawadah and communicated by the Assistant Mining Officer by its letter dated 11.9.2000 (Annexure 4) whereby the prayer made by the petitioner for renewal of the quarry lease, has been rejected.2. Shorn of unnecessary details facts giving rise to the present application are that the petitioner is a Co-operative Society registered under the Co-operative Societies Act, 1935. On 6th of July, 2000 a lease deed (Annexure 1) was executed for quarrying the minor minerals namely stone and murram from an area of 1.60 acres appertaining to Plot No. 1 Part, in Village Hadia in the district of Nawadah. According to the lease deed, the quarry lease was demised from 14th of April, 1991 for a period of ten years. It is the assertion of the petitioner that much before the expiry of ten years from the date of commencement of the lease on 9.12.2000, the petitioner dep...
Tag this Judgment!Sunil Kumar Mehrotra Vs. State of Bihar and anr.
Court: Patna
Decided on: Apr-05-2004
Navin Sinha, J.1. This application has been preferred by the sole petitioner under Section 482 of the Code of Criminal Procedure for quashing of the order dated 28.4.2003 passed by the learned Judicial Magistrate, Ist Class, Patna, taking cognizance against the petitioner in Complaint Case No. 2457 /2002 instituted under Section 420, IPC and Section 138 of the Negotiable Instrument Act, 1881.2. Opposite party No. 2 filed the aforesaid complaint case before the Court of Chief Judicial Magistrate. Patna on 25.11.2002. The complaint petition stated M/s. Sunil Polyplast Limited, a company in which the petitioner herein was one of the Directors applied for grant of financial assistance and term loan in the prescribed manner. The complainant corporation after appropriate inquiry/formalities sanctioned the term loan to the company M/s. Polyplast Ltd. in the year 1989 to the extent of Rs. 90 lakhs. Consequent to the failure of the company and its Directors to repay the dues proceedings were i...
Tag this Judgment!Chandradeo Rai and ors. Vs. State of Bihar and ors.
Court: Patna
Decided on: Apr-05-2004
1. The appellants had filed a writ petition. In fact, the writ petition had been filed by one Krishna Deo Rai, the husband of appellant No. 3 who had been killed and in lieu of his name the appellants sought substitution which was allowed.2. The writ was on the ground that her right under a lease dated 6 February, 1992 (Annexure-1 to the petition) had been illegally terminated otherwise than the terms of the covenant and the Bihar Government Estates (Khas Mahal) Manual. The lease had been granted for the purpose of establishing a bus stand at Samastipur. This had been constructed and for 10 years petitioner appellant No. 3 or her husband carried out the purpose of the grant which had been made. This was a State grant; Thus, it came under the purview of the Government Grants Act, 1895. The rights of the lessee were disturbed and an attempt was made to make the grant to a third party and it was done.3. The only aspect which has to be examined is the terms of the grant. If the grant make...
Tag this Judgment!Saukhi Lal Prasad Vs. Chandradip Yadav and ors.
Court: Patna
Decided on: Apr-05-2004
S.K. Katriar, J. 1. This appeal is directed against the judgment dated 27.5.1997, passed by the learned Subordinate Judge-II, Patna City, Patna, in Title Suit No. 315 of 1987, Chandradip Yadav v. Shokhilal Prasad, whereby the award in terms of the Arbitration Act, 1940 (hereinafter referred to as the. 'Act'), has been made a rule of the Court and decree has been passed accordingly.2. Defendant No. 1 is the appellant. The case of the plaintiff (respondent) is that the plaintiff is the karta of his own family consisting of defendant Nos. 4 and 5, and similarly other defendants of the 1st set are kartas and representatives of their respective families. Subject matter of the dispute is stated in detail at the end of the plaint which is situate at Chakrasil, PS. Alamganj, District-Patna, bearing khata No. 194., plot No. 252, area 29 decimals. Dispute arose between the plaintiff and the defendant 1st set with respect to the suit property. The plaintiff and defendant 1st set entered into an...
Tag this Judgment!Smt. Pushpa Kumari Vs. Commissioner of Income-tax and ors.
Court: Patna
Decided on: Apr-05-2004
1. Heard learned counsel for the parties.2. The present writ application has been filed on behalf of the petitioner for quashing the order dated February 16, 2004, passed by the Assistant Commissioner of Income-tax, Circle-2, Muzaffarpur, issuing commission with regard to the cost of construction of the residential-cum-commercial complex under Section 131(1)(d) of the Income-tax Act, 1961, (hereinafter referred to as the 'Act'), read with Order XXVI, Rule 9, of the Code of Civil Procedure.3. The simple question involved in this case is as to whether the Assessing Officer during the course of assessment proceeding can ask the Valuation Officer to elucidate with regard to the cost of construction of the complex in question in exercise of the aforesaid power.4. In support of their submissions, both the parties have relied upon the recent judgment of the Supreme Court in the case of Smt. Amiya Bala Paul v. CIT : [2003]262ITR407(SC) . According to the petitioner, it has been held in the a...
Tag this Judgment!Indian Oil Corporation Ltd. Vs. Commissioner of Income-tax and anr.
Court: Patna
Decided on: Apr-01-2004
1. Heard learned counsel for the parties.2. Admittedly, appeal is pending before the Commissioner of Income-tax against the order of assessment. The main question involved in this case is as to whether due to non-deposit of tax with regard to the perquisites given by the company to its employees, action can be taken against the company in terms of amended Rule 3.3. As the matter is pending before the appellate authority, it will not be proper for this court to express any opinion touching the merits of the case.4. During the course of arguments, learned counsel for the petitioner confined this application only to the order rejecting the prayer for stay of the recovery of amount during the pendency of the appeals by the appellate authority. The said orders rejecting the stay in both the appeals have been annexed as annexure 10 series. According to the petitioner, in many of the cases the employees have either deposited the tax or if not deposited they are going to submit their revised ...
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