Court : Patna
K. Venkataswami, C.J. 1. The question that has been referred to this court under Section 64(1) of the Estate Duty Act, 1953, reads as follows : 'Whether, on the facts and in the circumstances of the case, the Tribunal was justified in law in not, granting exemption of Rs. 1,00,000 for the residential house under Section 33(1)(n) of the Estate Duty. Act, 1953, and limiting it only to the extent of the share of the deceased ?'2. Before narrating the facts, we would like to point out that this question appears to be no longer res integra. 3. Brief facts are the following : The Assistant Controller of Estate Duty estimated the value of the residential house belonging to the Hindu undivided family of the assessee after allowing depreciation at Rs. 2,05,957. He granted exemption, of Rs. 25,725 in respect of one-eighth share, of the deceased in the, house under Section 33(1)(n) of the Estate Duty Act, 1953 (hereinafter referred to as 'the Act'), and added a sum of Rs. 1,54,458, being the val...
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Sudhir Kumar Katriar and Kishore K. Mandal, JJ.1. The auction-purchaser has preferred this appeal in terms of Clause 10 of the Letters Patent of the High Court of Judicature at Patna, and is aggrieved by the judgment dated 3.5.1994, passed by a learned single Judge in CWJC No. 3295 of 1987 (Murlidhar Shah and Ors. v. State of Bihar and Ors.), whereby the writ petition at the instance of the previous transferees has been allowed, their application under Section 28 of the Bihar & Orissa Public Demands Recovery Act 1914 (hereinafter referred to as 'the Act'), has been allowed, and the order dated 17.11.83, passed by the learned Certificate Officer, has been restored. We shall go by the description of the parties occurring in the writ proceeding.2. A brief statement of facts essential for the disposal of the appeal may be indicated. Respondent No. 12 (Sadhusharan Yadav, respondent No. 13 herein) had obtained agricultural loan from the respondent Bank (Land Development Bank, Madhepura). He...
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B.C. Basak, C.J. 1. In these four writ petitions the petitioners have challenged the constitutional validity of the Bihar Ban on Lottery Act, 1993, (hereinafter referred to as 'the said Act) which replaces the Bihar Ban on Lottery Ordinance, 1993 (hereinafter referred to as (the said Ordinance). 2. The said Act provides as follows:-- 'The Bihar Ban on Lottery Act, 1993. 2. Definitions -- In this Act unless the context otherwise requires - (a) 'Agent' means and includes Main Stockist or by whatever name called, who may be an individual or a group of persons or a company registered under the Companies Act, 1956 or a Partnership firm entrusted with the responsibility of sale of State Lottery tickers on an agency basis on behalf of the State Government. (b) 'Lottery' means a scheme for distribution of prizes by lot or chance to those persons participating in the chances of a prize by purchasing ticket. (c) 'Promoters' in relation to a lottery includes an organiser or any person having c...
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Navin Sinha, J.1. The original petitioner, Dr. (Mrs) Iva Rani Hazari was the lessee of Khas Mahal lands measuring 6 Kathas 18 Dhurs 5 Dhurkies bearing Holding No. Nil, Circle No. 13, Plot No. 15, Ward No. 10, Block No. C, in Kadamkuan, Khas Mahal T No. 17023 P.S. Pirbahore, under a lease deed executed by the Collector of Patna in favour of her ancestor. She has been deceased during the pendency of this application and was substituted by the present petitioner, the legatee under her will.2. The writ petition was filed challenging the show cause notice dated 23.8.2001 issued by the Collector, Patna, questioning the construction by her of a multi-storeyed residential apartment styled 'Kanika Mehar Apartment' on the Khas Mahal lands leased to her for residential use, through a professional builder thus commercialising the lands, and the user contrary to the conditions of the lease. She was required to show cause why the lease be not cancelled for breach of the conditions of the lease. The...
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R.A. Sharma, J.1. The two appellants have filed this criminal appeal challenging their conviction and sentence to life imprisonment and R.I. for five years under Section 302/34 and Section 201 of the Indian Penal Code respectively. At the time of hearing of the appeal, one of the submissions of the learned counsel for the appellants before the Division Bench was that the village Chaukidar is a 'police officer' within the meaning of Section 25 of the Evidence Act and, therefore, the confession alleged to have been made before him by the appellants is not admissible. In his support, the learned counsel placed reliance on Emperor v. Mt. Jagia AIR 1938 Patna 308 : 1938 (39) Cri LJ 428, wherein after considering the Chaukidari Act of 1870 and Bihar and Orissa Village Administration Act, 1922, the Division Bench of this Court held that the Chaukidar being a member of the village police is a 'police officer' within the meaning of Section 26 of the Act. This judgment has been followed by anot...
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S.N. Jha, J. 1. This Second Appeal by the Defendant 1st Party of Title Suit No. 17 of 1983 of the Court of 5th Subordinate Judge, Munger is directed against the judgment and decree of the 12th Additional District Judge, Munger, upholding the judgment and decree of the trial Court, decreeing the plaintiff's suit. It may be mentioned here that the said suit was tried analogous with Title Suit No. 104 of 1984 instituted by the appellant. While Title Suit No. 17 of 1983 was decreed Title Suit No. 104 of 1984 was dismissed. It may also be mentioned here that the Second Appeal arising out of Title Suit No. 104 of 1984. which was disposed of by a common judgment, being Second Appeal No. 159 of 1993 has been dismissed by a learned Judge of this Court vide judgment reported in 1999 (3) Pat LJR 45. The question of law raised in this appeal being the same as in the other appeal, in the ordinary course this appeal should have been dismissed summarily as being covered by the interparty decision i...
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Ram Nandan Prasad, J.1. These two petitions have been filed under Section 482 of the Code of Criminal Procedure, 1973 against the order dated 9.6.2000 passed by the Special Judge, CBI, Patna in Special Case No. 5/98, whereby the petitions filed by the petitioners for their discharge have been rejected and charges have been framed for the offences under Section 13(2) read with Section 13(1)(e) of the Prevention of Corruption Act, 1988, hereinafter referred to as the 1988 Act, against Sri Lalu Prasad, hereinafter referred to as Sri Prasad, petitioner in Cr. Misc. No. 14894/2000, and under Section 109, IPC read with Section 13(2) read with Section 13(1)(e) of the P.C. Act, against Smt. Rabri Devi, petitioner in Cr. Misc. No. 14895/2000.2. Before we deal with the respective contentions of the parties, it would be appropriate to take note of certain relevant facts. On 19th February, 1996, the State Government in supersession of all previous Notifications issued a Notification under Section...
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M.L. Visa, J.1. By this election petition filed under Sections 80, 80A and 81 of the Representation of Peoples Act, 1951 (hereinafter referred to as 'the Act'), Anand Mohan, election petitioner has challenged the election of returned candidate Md. Anwarul Haque, respondent No. 1, who has been declared elected from 12, Sheohar Parliamentary Constituency in the mid-term Parliamentary Election, 1999 (hereinafter referred to as the 'Election in question') held on 3.10.1999 and has prayed for setting aside the election of respondent No. 1, recounting of votes and on the basis of said counting declaring the petitioner as returned candidate in the election in question.2. The case of petitioner, in short, is that the District Magistrate, Sitamarhi-cum-Returning Officer of 12, Sheohar Parliamentary Constituency issued Notification on 7.9.1999 for mid-term Election of Parliament,'1999 in 12, Sheohar Parliamentary Constituency as per the following programme :--(i) Last date for filing of nominat...
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S.N. Jha, J. 1. The sole appellant of Cr. Appeal No. 421/2001 Ram Prit Rai has been awarded death sentenced upon his conviction under Section 302 of the Penal Code. All the appellants including Ram Prit Rai have been convicted under Section 302/149 of the Penal Code and sentenced to rigorous imprisonment for life. They have also been convicted under Section 307/149, 380 & 148 of the Penal Code and Section 27 of the Arms Act and sentenced to rigorous imprisonment for ten years, three years, three years and three years respectively thereunder. The sentence have been ordered to run concurrently. The sentence of death awarded to Ram Prit Rai has been sent for confirmation under Section 306 Cr. P.C. and the same has been heard along with his appeal.2. The night between 29th/30th November, 1994 was indeed an unfortunate night for Parmanand Rai, the informant of the case, and his unless Awadh Rai and Arjun Rai of village Shahpur Barant, district Samastipur when six member of their families ...
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Dharnidhar Jha, J. 1. The sole appellant Vivekanand Mishra, a constable in Bihar Police Force, was tried for charges under Sections 302 and 353 of the IPC and Section 27 of the Arms Act in Sessions trial No. 32 of 2002/97 of 1994 which arose out of Khizersarai P.S. case No. 32 of 1992 and was found guilty of committing the above noted offences by the Presiding Officer-cum-Additional Sessions Judge, Gaya by a judgment and order of conviction dated 24th of May, 2002 and was directed to suffer rigorous imprisonment for life under Section 302 of the IPC. The learned trial Judge did not pass any separate sentences for the conviction of the appellant under Section 353 of the IPC and Section 27 of the Arms Act. The above judgment and order of conviction as also sentence has been assailed in the present appeal.2. The charges related to an occurrence dated 20th March, 1992. The prosecution story as contained in Ext-2, the fardbayan of P.W.5, constable Ramchandra Chauhan, states that at the abo...
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