Patna Court April 2006 Judgments

Sri Satish Kumar Keshri, Prop Hira Vs. Income-tax Officer (Technical)

Court: Income Tax Appellate Tribunal ITAT Patna

Reported in: (2007)104ITD382(Pat.)

1. This appeal is by the assessee against the order of CIT passed Section 263 in respect of assessment year 2002-03. (1) For that the Learned CIT has erred in invoking powers Under Section 263 of the I.T. Act. (2) For that the learned CIT has erred in invoking powers Under Section 263 and setting aside the order passed by the Assessing Officer with a direction to make assessment afresh on the basis of show cause notice dated 19.10.2004 (copy enclosed) which was not even signed by him. (3) For that the learned CIT has gone beyond the allegations contained in notice dated 19.10.2004 while passing order Under Section 263 dated 24.11.2004 and thus has exceeded the jurisdiction by not limiting himself to the allegations in the show cause notice. (4) For that the order passed is violative of principles of equity and natural justice and as such fit to be quashed. (5) For that the learned CIT has erred in making adverse observation with regard to order Under Section 154 dated 27.1.03 in the i...

Sri Mithileshwar Sinha and ors. Vs. Bhrigendra Pratap Sahi

Court: Patna

Navaniti Prasad Singh, J.1. In terms of Section 14(8) of the Bihar Buildings (Lease, Rent and Eviction) Control Act (In short 'the Act'), the present revision application has been filed by the 'tenant' who has been ordered to be evicted.2. Heard both the parties.3. At the time of admission, the Stamp Reporter had objected to the filing of revision as in its opinion, an appeal lay from the order of eviction. When the matter was taken up under the heading 'For Orders', prior to admission in view of a statement in the judgment that the suit was for eviction on ground of personal necessity, this Court held that revision was maintainable. Learned Counsel for the opposite party has raised objection as to the maintainability. I am afraid, it is not open to this Court to go into this question at this stage even though the earlier order was passed in absence of the opposite party.4. The property belongs to Hatua Raj. The original defendant was an employee. He was dismissed from service of Hath...

Lallan Das and ors. Vs. Desai Das and ors.

Court: Patna

Navaniti Prasad Singh, J. 1. Heard the parties.2. The plaintiffs have preferred this revision application against the order passed by the trial Court rejecting the amendment of plaint. The partition suit having been filed, several persons intervened, several new properties were brought into the litigation, several written statements were filed by different parties. Towards the end, some parties started challenging that there had been no partition. In views of the said challenge, the petitioners filed an amendment petitioner to include an additional prayer that if the Court holds that there was no prior partition then the properties claimed to have been allotted to different persons in that partition be also subjected to partition in the present suit. In my opinion, such an amendment was necessary for a proper decision and a complete decision in respect of partition as between the parties. Regrettably, some of the defendants took objection for the sake of objection which regrettably th...

Radhey Shyam Prasad Vs. the State of Bihar and ors.

Court: Patna

Rekha Kumari, J.1. This is an application under Section 482 of the code of Criminal Procedure for quashing the order dated 3.10.8001 passed in S.Tr. No. 346/2000 whereunder the Sessions Judge, Siwan has held that no offence under Section 307 I.P.C. is made out on the basis of fee allegations and has framed charges under Sections 323/34 and 524/34 of the Indian Penal Code against the accused persons, i.e. O.P. Nos. 2 to 5, and has transferred the case under Section 228(1)(a) of the Code of Criminal Procedure to the court of Chief Judicial Magistrate, Siwan for trial. 2. Heard both the sides. 3. The prosecution case in brief is that the informant Radhe Shyam Prasad alongwith Santosh Kumar, Sri Ram Gupta and others was going to play Roll to the house of one Sri Ram Prasad. When they reached near the house of Hari Prakash Gupta @ Hari Jee (O.P.No.2), the servant of Hari Jee was sweaping the ground, some mud fell on the informant and his companion. The informant protested and then proceed...

Orissa Concrete and Allied Industries Ltd. Vs. East Central Railway

Court: Patna

V.N. Sinha, J.1. Heard learned Counsel for the applicant and learned Counsel appearing on behalf of the Railway.2. The petitioner/applicant is a Firm and has entered into agreement for execution of civil works with the East Central Railway. In terms of the agreement entered between the parties work order dated 18.7.2003. Annexure-P/1 was issued, During the execution of the civil works dispute arose between the parties and invoking Clause 2900 of the Standard Conditions of Contract the petitioner served a notice dated 10.1.2005 on the General Manager, East Central Railway requesting him to appoint an arbitrator to resolve the dispute between them. It appears the notice was received in the office of the General Manager vide receipt No. 2313 dated 17.1.2005 and was registered vide Registration No. 1120P dated 20.1.2005. Before the General Manager could appoint the arbitrator as requested under notice dated 10.1.2005 the petitioner moved this Court for appointment of the arbitrator by fil...

Amit Kumar Thakur @ Amit Ranjan Thakur Vs. the State of Bihar

Court: Patna

I.P. Singh, J.1. This is an application filed under Section 482 of the Code of Criminal Procedure, 1973 (in short the Code). It is directed against the order dated 14.6.05 passed by the learned 1st Addl. District & Sessions Judge, Madhubani in S.T. No. 253 of 2001 by which the was pleased to reject the petition filed on behalf of the petitioner to send his case to the Juvenile Court for the purposes holding an enquiry under Section 33 of the Juvenile Justice (Care and Protection of Children) Act, 2000 (in short 2000 Act).2. The prosecution case, in short, is that one Sudha Jha, wife of Diwakar Jha lodged her Fardbeyan on 24.3.2000 before the Officer Incharge of Lakhanpur Police Station in presence of her mother. At that time she was in an injured condition. In her Fardbeyan she alleged that at about 11.45 A.M. on the same day (24.3.2000) while she was returning with her daughter after offering Puja, her co-villager, namely, Amit Kumar Thakur (petitioner) came to her with a knife and q...

Ramesh Chandra Pandey @ Phoolan Vs. the State of Bihar and Smt. Asha D ...

Court: Patna

Rekha Kumari, J.1. This is an application filed under Section 482 of the Code of Criminal Procedure (hereinafter referred to as the Code) for quashing the order dated 6.2.2002 passed by the 6th Additional Sessions Judge, Aurangabad in Criminal Revision No. 100 of 2001/1 of 2002 by which he has affirmed the order dated 2.5.2001 passed by Sri Ram Pratap Asthana, J.M. 1st Class, Aurangabad in Maintenance Case No. 30 of 1995 Tr. No. 964 of 2001 allowing monthly maintenance of Rs. 500/- to Smt. Asha Devi, Opposite Party No. 2, under Section 125 of the Code.2. Heard learned Counsel for the petitioner and learned Counsel for Opposite Party No. 2 and the State.3. It appears that Opposite Party No. 2 Smt. Asha Devi had filed a case against the petitioner for grant of maintenance under Section 125 of the Code alleging therein that she is the legally wedded wife of the petitioner. The petitioner contracted a second marriage and started torturing her and thereafter drove her out from his house. O...

Md. Basir Ahmad and Md. Nasir Ahmad Vs. the State of Bihar

Court: Patna

Chandramauli Kr. Prasad, J.1. This application has been filed for quashing the order dated 26.7.2005 passed by the Special Judicial Magistrate, C.B.I., Patna in R.C. case No. 13(S) of 2004, whereby the custody warrant of the petitioners has been recalled and instead production warrant has been directed to be issued.2. Facts lie in a narrow compass, petitioner is an accused in R.C. case No. 13(sic)S) of 2004 registered under Section 255, 256, 257, 258, 259, 260, 467, 468, 469, 471, 420 and 120B of the Indian Penal Code and 12 & 13 of the Stamp Act. According to the prosecution, on an information that the two petitioners are involved in production and supply of forged Indian non-judicial stamps and court, fee stamps, a team of Central Bureau of Investigation raided the residential premises of petitioner no. 1 Md. Basir Ahmad at Janta Offset Printing Press. Mohammmadpur Road near Shahaam in the District of Patna and recovered one negative of India Non Judicial Stamp of Rs. 5000/-. one sk...

Md. Ashfaque Alam Vs. Sri Bindwashni Prasad and anr.

Court: Patna

Navaniti Prasad Singh, J.1. The present revision application arises out of an order passed by the trial court by which two of plaintiff's amendments as sought at the initial stage of the suit have been rejected. The plaintiff filed a suit for specific performance of contract interalia stating that he had paid the consideration money on the basis of an oral agreement, as between the parties, The defendant refused to execute the sale deed. The money was paid in the year 1995, In the year 1997 on the last refusal by defendant on 21.12.1997 the suit was filed on 24.12.1997, The amendment sought was, first that the plaintiff was all along ready and willing to perform his part but the defendant refused to perform his part. This is in consonance with Section 16(c) of the Specific Relief Act. The second amendment that was sought was that in case the court is not inclined to grant relief in terms of the specific performance. then the court be pleased to direct refund of consideration money pai...

Dr. Ranjit Singh Vs. State of Bihar and ors.

Court: Patna

Narayan Roy, J.1. Heard counsel for the parties.2. The petitioner by this writ application, prays for issuance of direction upon the respondents to make payment of his due salary for the post of Assistant Professor in the Department of Microbiology with effect from 14.5.1997 to 28.2.2002.3. It is submitted by learned Counsel for the petitioner that by virtue of the order dated 14.5.1997 as contained in Annexure 1, several persons along with the petitioner were promoted on the post of Associate Professor as stop gap arrangement in compliance of this Court's order passed in C.W.J.C. No. 6815 of 1994 and also in view of the ultimatum given by the Medical Council of India to withdraw recognition. The petitioner worked on the post of Associate Professor in Microbiology discipline and thereafter he superannuated with effect from 28.2.2002. It is further submitted that similarly situated persons who were also promoted by stop gap arrangement on the post of Associate Professors have been give...