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Judgment Search Results Home > Cases Phrase: mediation Court: patna Year: 1998 Page 1 of about 55 results (0.023 seconds)

Aug 18 1998 (HC)

Rina Sen Vs. Commissioner of Income-tax and ors.

Court : Patna

Decided on : Aug-18-1998

sachchidanand jha, j.1. the proposition raised for consideration on which, it s said, there is no precedent of this court, is straight and simple enough to admit of any doubt or dispute. there may of course be dispute regarding its application in the facts and circumstances of the particular case. the petitioner has been served with a notice issued in terms of section 131(1)(d) of the income-tax act (in short, 'the act'), in the matter of ascertainment of cost of construction of a house by the assistant valuation officer, the income-tax department at the behest of the income-tax officer, ward-iii, ranchi. she seeks quashing of the notice and' a declaration that the proposed investigation is illegal and without jurisdiction principally on the ground that an investigation of the kind can be made only in connection with and during pendency of a proceeding, and inasmuch as no proceeding is pending (or can be initiated) the proposed investigation is an abuse of the process of law and liable to be quashed. the relevant facts are as follows .2. the petitioner purchased four kathas of land being portion of plot no. 1175 at village hesal (aryapuri), ratu road, ranchi, for a consideration of rs. 2,000 on march 6, 1965. she got her name mutated in the revenue records of the state in case no. 786 r-27 of 1965-66 by the circle officer, ranchi. in furtherance of the said order of mutation a correction slip was issued in her name on january 4, 1966, and she was granted rent receipt. on .....

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Sep 01 1998 (HC)

Lalit Sao Vs. Gulam Gilani (Khalifa)

Court : Patna

Decided on : Sep-01-1998

prasun kumar deb, j.1. this appeal has been preferred against the judgment and decree dated 30-4-1988 passed by the then subordinate judge, 1st court, dhanbad, in title suit no. 63 of 1984 by which the plaintiff-respondent's suit has been decreed for declaration of title in respect of the suit land and also for confirmation of possession. against this judgment and decree, previously, appeal was preferred choosing wrong forum before the district judge, dhanbad, being title appeal no. 36 of 1988 but as the jurisdiction was not there with the district judge, the memorandum of appeal was returned and then the present appeal has been filed.2. the plaintiff-respondent filed the above-mentioned suit for declaration of title, confirmation of possession and alternatively for a decree of recovery of possession, if during the pendency of the suit it was found that the plaintiff was dispossessed from the suit premises. the tracing of title of the plaintiff was made in the following manner:the suit property along with others measuring 2 bighas 12 chhataks 7 dhurs and 8 sq. ft. by the then manbhoom district board in favour of one mithu mistry for an yearly rent of rs. 20/- per bigha. the said settlement was made vide ext. 1/a, a registered deed of settlement dated 23-1-1934 out of which mithu mistry settled schedule a land measuring 12 kathas appertaining to t.b. plot no. 3, survey plot no. 266 khata no. 165 to his grand mother jaibun nisha vide registered deed ext. 4. according to the .....

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Mar 11 1998 (HC)

Uma Shankar Sahay Vs. State of Bihar and anr.

Court : Patna

Decided on : Mar-11-1998

indu prabha singh, j.1. this application, under section 397 of the code of criminal procedure, 1973 (in short the 'code') is directed against the order dated 27-5-1991 passed by shri d.r. roy, judicial magistrate 1st class, nawadah in complaint case no. 14/88/tr. no. 554/91 by which the learned judicial magistrate; on a petition filed under section 319 of the code; ordered for the issue of process against the petitioner for the alleged offences under sections 465, 467, 468, 471 and 120b of the indian penal code.2. it appears that the complainant, janki devi (o.p. no. 2) filed a complaint petition before the chief judicial magistrate on 11-1-1988 alleging therein that the accused persons including the present petitioner entered into a criminal conspiracy and created a forged and fabricated document purported to be the certified copy of the order passed by the settlement officer under section 106 of the bihar tenancy act in t.s. nos. 58/80 and 58(a)/80 to the effect that khata nos. 91 and 263 were entered into the khatiyan of kunti devi who was also named as an accused in the complaint petition. the allegation against the petitioner was that; he, in the capacity of head assistant in the record room of the collectorate, nawadah; issued the purported certified copy of the aforesaid forged order certifying it to be genuine. it was further alleged that the accused persons of the said case were using the aforesaid document as a genuine document. they produced it before anchal .....

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Jul 21 1998 (HC)

Md. EnamuddIn and ors. Vs. State of Bihar and ors.

Court : Patna

Decided on : Jul-21-1998

m.y. eqbal, j.1. in this application filed under section 482 of the code of criminal procedure, the petitioners have prayed for quashing the order dated 23-8-1997 passed by the judicial magistrate, 1st class, danapur in case no. 127(c)/96 taking cognizance of the offence under sections 148 and 379 of the indian penal code against the petitioners in the aforesaid case filed by the complainant-opposite party no. 2.2. the opposite party no. 2, md. sajid hussain lodged a petition of complaint on 6-4-1996 before the additional chief judicial magistrate, danapur alleging, inter alia, that the petitioners on 5-4-1996 removed paddy from the land. the prosecution case is that the opposite party no. 2 had grown masur crop in the field in question and on the aforesaid date when he had gone to the field along with other persons for harvesting crop, he found that the accused persons were taken crop after cutting it from the land bearing plot nos. 673, 671 and 669 of village sharfuddinpur. it was further alleged that on protest by the complainant, the accused persons, who were variously armed, threatened him of assault and, therefore, complainant fled away from there raising alarm. further allegation in the complaint petition is that the accused persons had committed the said offence out of enimity and earlier also the accused persons had committed some offence in respect of crop of the same land and a case is still pending in court.3. it appears that the complaint-opposite party no. 2 .....

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Jul 22 1998 (HC)

Smt. Khirodhari Devi Vs. Smt. Dharmi Devi (Since Deceased), Represente ...

Court : Patna

Decided on : Jul-22-1998

1. the appellant in this letters patent appeal was defendant no. 2 in the suit filed by respondent no. 1, her sister, for partition of the suit properties. the aforesaid suit being partition suit no. 116 of 1970 was decreed by the subordinate judge, hazaribagh, by his judgment and decree dated 21st, april, 1975. the trial court held the plaintiff-respondent no. 1 entitled to 1/1oth share in the suit properties while her four sisters, including two step sisters, were held entitled to1/10th share each. defendant no. 5 in the suit, who belonged to the branch of girdhari mahto, was found entitled to 1/2 share in the suit properties. against the judgment and decree of the trial court only the appellant herein preferred a first appeal before this court which was registered as appeal from original decree no. 261 of 1975. the appeal was heard by a learned judge of this court who by his judgment dated 25th september, 1985, dismissed the appeal with costs throughout. aggrieved by the said judgment and order this letters patent appeal has been preferred by defendant no. 2-appellant.2. when this appeal came up for admission on 4.7.1986 counsel for the appellant did not challenge any other finding of the learned single judge, but urged the only point that since mostt. jhalia, mother of the plaintiff and defendant nos. 1 and 2 only inherited the property as a limited owner which became absolute under the provisions of the hindu succession act, only her three daughters namely, the .....

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Jul 28 1998 (HC)

Md. Yakub Ansari Vs. Md. YasIn Ansari

Court : Patna

Decided on : Jul-28-1998

g.s. chaube, j.1. this appeal is directed against the judgment and decree dated 30.8.1987/14.9.1987 passed by the learned third subordinate judge, palamau at daltonganj, in title suit no. 36 of 1985. by the impugned judgment and decree, the suit filed by the appellant was dismissed, but without cost.2. the case of the plaintiff-appellant is that in the year 1968, he fell in need of an amount of rs. 4,000/- (rupees four thousand) in connection with his business. therefore, he approached the defendant-respondent for loan of that amount on the security of about 9.3 acres of land belonging to him, situate at the village munkeri. however, the defendant-respondent gave out that as he was not a money-lender having money lending licence, he could not advance him the loan on the basis of a mortgage deed. he, however, offered to purchase the said land with an agreement to re-convey the same on an express assurance that the transaction would be treated usufructuary mortgage. having been so assured by the defendant-respondent, the plaintiff-appellant executed a registered sale-deed respecting the said lands which are mentioned in schedule-a to the plaint (hereinafter to be referred to as the suit lands) in favour of the defendant respondent on16.11.1968 being the deed no. 9722 of the even date. accordingly, the defendant-respondent also executed a registered agreement in favour of the appellant undertaking to re-convey the suit lands to him. as the transaction was intended to be a .....

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Sep 25 1998 (HC)

Smt. Tuna Devi and ors. Vs. Kali Pada Deo and ors.

Court : Patna

Decided on : Sep-25-1998

prasun kumar deb, j.1. this appeal has been preferred against the judgment and decree dated 30.7.1983 and 10.8.1983 respectively passed by 1st additional subordinate judge, dhanbad, in title (partition suit no. 27/9 of 1977/ 1981 whereby and where under the plaintiffs' suit for partition of plot no. 7707 described in the schedule of the plaint has been dismissed.2. the case of the plaintiffs is that under khata no. 740 in mouza chas, plot no. 7707 belonged to five brothers namely, babu lal bouri, bhuban bouri, nitai bouri, bindu bouri and mahindi bouri. the names of five brothers were finally published in the record of rights. babu lai bouri died issueless. bhuban bouri had a daughter rohini by name and she was married to chhakari bouri (defendant no. 3). rohini has a son dapu bouri. rohini is dead. nitai bouri the third brother died without any issue. the fourth brother bindu had a son bhokhu by name. bhokhu also died leaving behind keli bouri, defendant no. 4, as his heir. the fifth brother mahindi bouri had two sons kesho and sukhdeo but both of them died without any issue.3. the case of the plaintiffs is that babu lal bouri and his four brothers has ceased to be a members of the joint family and they became separated in mess but they were possessing their shares of property although separately but remained as joint as tenants in common and there was no partition by metes and bounds. originally the said plot no. 7707 was recorded in the record of rights as gora-ii land .....

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Mar 26 1998 (HC)

Ramjee Singh @ Ram Nandan Singh Vs. Jugal Kishore Singh

Court : Patna

Decided on : Mar-26-1998

gurusharan sharma, j.1. the plaintiff-opposite party filed title (eviction) suit no. 13 of 1993, for eviction of the defendant-petitioner from the suit premises, fully described in the schedule to the plaint under section 14 of the bihar buildings (lease, rent and eviction) control act, 1982 (hereinafter referred to as 'the act').2. after obtaining leave under section 14(4) of the act, the defendant filed written statement and contested the suit.3. the defendant along with his wife claimed his ownership over the suit premises. by a registered sale deed dated 13.12.1989 (ext.j/1) prabhawati devi, his wife purchased it from haredhan dey, pinku kumar sharma and chintu kumar sharma, both minor sons of jogendra prasad sharma through their father-guardian. the defendant challenged the plaintiffs title and denied relationship of landlord and tenant. he further claimed to have constructed the house in question and was living therein in his own right.4. on the other hand, the plaintiff claimed to have purchased the land over which the house is situated, by registered sale deed dated 11.12.1991 (ext. 4).5. inspite of the fact that the defendant raised question of title of the premises in question, the plaintiff did not choose to convert the suit filed under section 14 of the act into a title suit and pay advalorem court fee on market value of the property.6. though the suit proceeded as a pure suit for eviction under section 14 of the act, but the trial court among the issues framed .....

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Jul 17 1998 (HC)

Raghu Gope Alias Raghu Mahto and ors. Vs. State of Bihar

Court : Patna

Decided on : Jul-17-1998

a.k. prasad, j.1. this criminal appeal at the behest of the appellants is directed against the judgment and order dated 27th august, 1983, in s.t. no. 156 of 1979 passed by sri chandranan singh, the then 1st additional sessions judge, giridih, whereby and whereunder he convicted the appellants under section 302 read with section 34 of the i.p.c.for committing murder of dhananjay singh, and sentenced them to imprisonment for life thereunder.2. the substance of the prosecution case, as laid at the trial, is as under: there was a dispute and series of cases between baijnath pandey (p.w. 7) and accused persons over plot no. 2762/5509, under khata no. 510, situated at mouza hossir, within gomia p.s., district-giridih. ultimately, baijnath pandey succeeded in the litigation and his name was mutated despite the objections made by the accused persons with respect to the disputed land. but the accused persons caused hinderance in the cultivation of the land by him. they used to cut the crop raised by him. ultimately, baijnath pandey gave the land on batai to dhananjay singh (the deceased) and kuwar nayak (p.w. 1) some time ago. on 18.6.1978, around 8 p.m., while dhananjay singh, kuwar nayak (p.w. 1) and chandar nayak (p.w. 9) were returning from batai land after watching the seedlings there and reached on the road under the bridge, the accused-raghu mahto armed with bhala, accused manger mahto and biru gope, armed with tangi and accused jitan armed with lathi began to abuse dhananjay .....

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Jul 28 1998 (HC)

Citizens Council, Jamshedpur Vs. State of Bihar and ors.

Court : Patna

Decided on : Jul-28-1998

r.a. sharma, j.1. the petitioner has filed this writ petition by way of public interest litigation seeking appropriate writ/order to quash the order dated 10-9-1997 passed by the sub-divisional officer, dhalbhum, jamshedpur, (annexure 12 to the writ petition) and to direct the respondents not to hold any mela/fair for sale of textile etc. on aam began maidan (hereinafter referred to as the maidan) and not lo use it for commercial purposes. as the exhibition has already started, the petitioner has also applied for amendment of the writ petition seeking further prayer restraining the respondents from holding exhibition.2. by the order dated 10-9-1997, the sub-divisional officer, dhalbhum, jamshedpur, has granted permission to the respondent no. 6 to hold exhibition of handloom, handicrafts, khadinetwear etc. on the maidan for the period from 14-4-1998 to 30-6-98, subject to its allotment by tata iron & steel company, jamshedpur, (hereinafter referred to as tisco). the petitioner wants the said order to be quashed by this court on the ground that the maidan is used as play ground by the children and as a park by others for strolling sitting and enjoying free air. its grievance is that if the exhibition is held over the maidan, it could not be used by the children as play ground and by elders for strolling and sitting. it is further staled that it will cause health hazards, create traffic and law and order problems and will also cause noise pollution.3. the averments, reasons .....

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