Court : Patna
gurusharan sharma, j.1. the defendant is the appellate. he has lost the case in the two courts below.2. the plaintiff, swaminath singh, a lunatic, under the guardianship of his mother, appointed by court vide lunacy case no. 392 of 1974 filed title suit no. 247 of 1981 against the defendant, ramnandan singh, in the court of the subordinate judge, patna for a decree of eviction from the premises described in schedule-1 to the plaint as also for arrears of rent as well as damages and mesne profits, past and future.3. the suit was decreed and the appeal (title appeal no. 61 of 1993) filed against the said eviction decree by the defendant was dismissed and the trial courts decree was affirmed. hence this second appeal has been preferred by the defendant.4. although the parties in the pleadings have given history of their relationship and happening right from the year 1961 onwards but in my opinion those matters are not necessary to be enumerated or gone into in detail for the purpose of the present second appeal.5. the admitted position was that the suit premises belonged exclusively to the plaintiff, who became lunatic in the year 1974 and his mother was appointed his guardian under the orders of the competent court in accordance with law. the plaintiff had executed a registered lease dated 24.12.1973 (ext. 2) and inducted the defendant as tenant at monthly rental of rs. 175/- for the suit premises detailed in schedule-1 to the plaint. the tenancy according to the lease deed .....
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subash chandra jha, j.1. the sole appellant anand kumar alias munna, who stood trial for committing offence under section 366a i.p.c., has been held guilty for the said offence and sentenced to undergo rigorous imprisonment for five years and imposed a fine of rupees three thousand, in default of which to undergo rigorous imprisonment for another six months in sessions trial no. 282/1997/172/2005 by learned additional sessions judge, ftc iii, sitamarhi. he has filed this appeal for setting aside the order and judgment of conviction and sentence dated 4.9.2006.2. the prosecution case, in short, is that on 5.8.1996 at about 9.30 a.m. pallabi priya alias putul kumari, aged about 17 years, daughter of the informant, had left her house to attend her tuition classes at sitamarhi in the coaching institute of professor anand shekhar singh (p.w. 2) and professor sandip garg (p.w. 1) but did not come back till the evening and, as such, intensive search was made by baidyanath thakur, son-in-law of the informant, as also her family members but all in vain, with the result that baidyanath thakur lodged a sanha with the police at mehsil outpost, on the basis of which, station diary entry was made on 6.8.1996. the said baidyanath thakur also informed his father-in-law (informant of the case) at calcutta on telephone and on such information the information chiranjibi pd. singh (p.w. 11) arrived sitamarhi from calcutta on the next evening and also made intensive search of his daughter and .....
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narayan roy, j.1. heard counsel for the parties.2. the death reference and the criminal appeals have been heard together and are being disposed of by this common judgment.3. appellant rajo yadav, babloo yadav, manoj yadav, sanjay yadav and bishwa nath yadav have been found guilty for an offence under section 302 read with section 140 of the indian penal code and have been sentenced to death, whereas appellant shatrughan yadav has been found guilty under section 302 read with section 149 of the indian penal code and sentenced to undergo rigorous imprisonment for life and also to pay a fine of rs. 25,000/-. appellant rajo yadav and babloo yadav have also been found quality under sections 27 and 35 of the arms act. however, no separate sentence has been passed under these counts.4. the prosecution case, as disclosed in the fardbeyan (ext. 5) briefly stated is that in the night of 23/24.2.1997 while he was sleeping in his verandah and his father, step-mother, step-brother and step-sister were sleeping in a room by side, at about 12.30 a.m. all of a sudden 8-9 persons variously armed entered into his house by breaking open the tati. his own sister and aunt were sleeping in a separate room and remaining family members also sleeping in the adjoining rooms and no sooner the miscreants entered into his house, they started abusing and appellant babloo yadav threatened him at the pistol point asking him not to raise alarm else he would be killed. two or three of them tied his hands .....
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s.n. jha, j. 1. this writ petition has been filed for salary and allowances and facilities in the light of the decision of the state government contained in annexures 2 and 2/a. 2. the petitioner during the relevant time was chairman of the bihar state agro industries development corporation limited. by annexure-2 the joint secretary, parliamentary affairs department, government of bihar, communicated the decision of the state government to extend the facilities admissible to cabinet ministers/ ministers of state to those chairman of different boards and corporations, who had held the office of the cabinet minister or minister of state respectively in the past. such of the chairman who had not held the office of cabinet minister or minister of state in the past were also allowed the facilities available to ministers of state. annexure 2/a specified the particulars of the facilities of the minister of state. the petitioner did not hold the office of cabinet minister or minister of state in the past. according to him by virtue of the later part of the above decision contained in annexure-2, he was entitled to the facilities etc. admissible to ministers of state. 3. the case of the petitioner is that under notification no. 521 dated 15-1-1988 of the agriculture department he was appointed as chairman of the bihar state agro industries development corporation limited (in short the corporation) and he discharged the duties and functions of the chairman upto 17-5-1990 when the .....
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ghanshyam prasad singh, j. 1. the death reference was heard alongwith cr. appeal preferred by all the eight convicts/appellants. the court below has convicted appellant binod kewat under section 302 ipc and 27 of the arms act, and has awarded death sentence. no separate sentence under arms act, has been passed against him. rest seven appellants have been convicted under sections 302/149 ipc, and have been awarded sentence for life. appellant mahendra kewat has also been found guilty under section 27 arms act. however, no separate sentence has been awarded to him for that offence.2. the prosecution story is very short and most of the facts are not under dispute. there was a piece of land in village tetradh bangla, ps akorhigola sasaram bearing plot no. 1131-1134 appertaining to khata no. 204 over which at the relevant time there was paddy crops. both parties were laying claim over the said land as a result of which a proceeding under section 144 cr pc was initiated. against which the informant hiraman kewat (pw 6) preferred revision before the hon'ble court. according to him, the hon'ble court ruled in his favour.3. further case of the prosecution is that on 3.3.1995 at about 8.00 a.m. the deceased kunti devi, wife of the informant, went over the land in question, harvested a bundle of paddy crop and while at about 9.30 a.m she was returning to her house alongwith 'the bundle, the accused appellants armed with country made pistols, farsa, lathi etc. intercepted her near their .....
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s.b. sinha, j.1. in this writ application the petitioner has prayed for issuance of a writ of certiorari for quashing an order dated 20th april 1992 in land ceiling case no. 2 of 1973-74/3 of 1982-83 and as contained in annexure-5 to the writ application whereby and whereunder the said proceeding was directed to be re-opened.2. the fact of the matter lies in a very narrow compass.one sheetal prasad thakur was the land holder. the respondent no 4 is his son and the petitioner is the son of respondent no. 4. in a proceeding initiated in terms of the provisions of bihar land reforms (fixation of ceiling area and acquisition of surplus land) act, 1961 two units were allotted one in favour or the petitioner and another in favour of the respondent no, 4. sheetal thakur died in the year 1984 and by an order dated 6;9-1988 (annexure-1) it has been held that the petitioner became a major on 26-3-1984 and thus he became entitled to one unit in view of the decision of this court in smt. ramdulari kuer and ors. v. the state of bihar and ors. reported in 1976 bbcj 641.3. the learned sub-divisional officer in his order dated 6-9-1988 further found that as the lands in questions were class iv lands, no surplus land is available at the hands of the family and thus he directed that the procedings be dropped.4. however, by an order dated 26-7-1988 the respondent no. 1 directed that the proceedings be reopened in view of the fact that admittedly the petitioner was a minor on 9-9-1970. the said .....
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s.n. jha and aftab alam, jj.1. this writ application has been filed seeking direction to the respondents to allow the benefits of the sales tax deferment scheme contained in the industrial policy resolution of the state government dated 6th september, 1989.2. as per the said resolution, the new industrial units starting commercial production on 1st april, 1989 and thereafter are eligible to defer payment of sales tax to the extent of 90 per cent of the fixed capital investments. the petitioner has already been allowed the benefits of such deferment to the extent of rs. 6,62,894.09 paise calculated on the basis of the fixed capital investment as on the date of production. according to the petitioner, it is entitled to the similar benefits with respect to the subsequent capital investments as well.3. in course of hearing of the case, the petitioner filed an affidavit, described as reply to the respondents' counter-affidavit, in which it has been stated that although the petitioner was entitled to defer payment of sales tax to the tune of rs. 15,38, 491 / - on the basis of the capital investments made by it up to 31st march, 1992, it has already repaid on its own rs. 8,75,597.24 paise, which is the subject-matter of the claim in the present writ petition, by 31st march, 1997, and has further paid out of the aforesaid sum of rs. 6,62,894.09 paise sanctioned by the district-level committee, as aforesaid, rs. 3,66,353.00. the sum of rs. 2,59,603.60 paise only remains outstanding .....
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k. venkataswami, c.j.1. these two references are before us by virtue of an order passed by this court under section 256(2) of the income-tax act, 1961 (hereinafter to be called 'the act'), on july 28, 1973. the assessee is the same in both the cases. the questions of law referred to this court are also common and only the assessment years are different, namely, 1972-73 and 1974-75.2. the questions that have been referred to this court, as directed by an order of this court, read as follows : '(1) whether the tribunal was correct in holding that for the purpose of computation of additional income-tax under section 104(1) of the income-tax act, 1961, the distributable surplus should be calculated with reference to the profit as per profit and loss account (2) whether the tribunal was correct in holding that the penalties levied under section 271(1)(a), 273(c) and interest under section 139 should be deducted from the distributable surplus for the purpose of calculating additional income-tax leviable under section 104 of the income-tax act, 1961 ?'3. the brief facts leading to the above references may now be noticed. the respondent-assessee is a private limited company. the income-tax officer after satisfying himself that for the assessment years in question the provisions of section 104(1) of the act are attracted, after completing the formalities required under that section, imposed additional tax for the said two years. the assessee, aggrieved by the imposition of additional .....
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a.k. ganguly, j.1. this writ petition has been filed by the petitioner for quashing the advertisement published in the second week of june 1997, and also the selection procedure initiated thereunder, and also for issuance of mandamus and necessary direction commanding the respondents to appoint the petitioner to the post of director of state institute of educational and technical, bihar, patna (hereinafter referred to as the siet).2. before going into controversial facts, this court notices certain facts which are not in dispute.3. pursuant to the advertisement for selection and appointment to the post of director, siet, the petitioner applied, and the selection committee in the its meeting held on 21.5.1996 recommended the name of the petitioner for appointment to the post of director, siet as early as possible having regard to the urgent need for a full-time director of siet. the recommendation of the selection committee is annexed to the writ petition as annexure-4.4. it appears that the petitioner fulfilled all the qualification and criteria. the committee found that there are 22 candidates, but only one candidate, who is the petitioner, is eligible for the post, and as such having regard to the urgency for a full-time director of siet, the committee recommended the name of the petitioner for appointment on deputation terms.5. it is not in dispute that pursuant to the recommendation of the selection committee, the petitioner was not appointed as director. as such the .....
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shiva kirti singh and rekha kumari, jj.1. heard the parties. this letters patent appeal has been preferred by the state of bihar against the judgment and order dated 5th january, 2000 whereby the wit court has allowed the claim of the writ petitioner (respondent no. 1 to this appeal) and has quashed order dated 2nd november, 1996 whereby the government had reduced the pension of the petitioner to zero per cent on the basis of findings of mis-conduct in a disciplinary proceeding initiated much before the retirement of the petitioner on 31-5-1994, on the ground that power under rule 139(a) and (b) of the bihar pension rules (hereinafter referred to as 'the rules') could not be invoked by the government to reduce the pension on the basis of findings in a departmental proceeding which remained pending till the date of retirement of the petitioner.2. learned counsel for the appellant/state has submitted that the relevant rule which shall govern this case ie. rule 43(b) of the rules permits continuation of a disciplinary proceeding against a delinquent employee even after his superannuation but the final order has to be in accordance with the provisions of the rules. to support the aforesaid submission he has placed reliance upon a full bench judgment of this court in the case of shambhu sharan v. the state of bihar reported in 2000 (1) pljr 665. it has further been submitted that on a conjoint reading of rule 43(b) and rule 139(a) and (b) of the rules the state government has .....
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