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Apr 08 1993 (HC)

Commissioner of Income-tax Vs. Soh Kisan Cold Storage

Court : Patna

G.C. Bharuka, J. 1. In these three taxation cases relating to the assessment years 1973-74, 1974-75 and 1975-76, a statement of case was called for by this court under Section 256(2) of the Income-tax Act, 1961 (hereinafter in short, 'the Act' only), on the following common question of law: 'Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal was correct in holding that the proceedings under Section 147(b) were not validly initiated ?' 2. The relevant facts which transpire from the statement of case are that the assessee during the three assessment years in question had taken loans, which were partly used for the purpose of business' and partly for the payment of income-tax liabilities. The assessee claimed payment of interest to the extent of Rs. 41,601, Rs. 45,924 and Rs. 66,196, respectively, for the three years. During the original assessment proceedings, the assessee disclosed the aforesaid facts before the Income-tax Officer, which were...

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Apr 08 1993 (HC)

Mostt. Buta Kuar and ors. Vs. the State of Bihar and ors.

Court : Patna

S.B. Sinha, J.1. This application is directed against a part of the order dated 16-11-1984 passed by the Joint Director, Consolidation as contained in Annexure-8 to the writ application.2. In view of the order proposed to be passed, it is not necessary to State the fact of the matter in great details.3. The petitioner filed an objection under Section 10 of the Bihar Consolidation of Holdings and Prevention of Fragmentation Act, 1956 (herein after to be referred to as 'the said Act') in respect of two plots before the Consolidation Officer.4. The petitioner, thereafter, filed two applications one for amendment of the said objection petition with a prayer that he be permitted to put his signature on the said application and in the second application he made prayer that eight other plots of land be directed to be included in the original application.5. According to the contesting respondents, the Consolidation Officer allowed the first application for amendment but did not pass any speci...

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Apr 05 1993 (HC)

Randir Nandan Etc. Vs. State of Bihar and ors. Etc

Court : Patna

B.P. Singh, J. 1. In this batch of writ applications the petitioners have prayed for issuance of an appropriate writ or direction directing the respondents to call the petitioners for interview and for consideration of their cases for appointment to the post of Assistant Executive Engineer (G.T.O. cadre) in the Bihar State Electricity Board. The petitioners have also challenged the qualifications and the requirements laid down in the advertisement for selection to the aforesaid post contending inter alia that the decision of Board to award 30 marks for the viva voce test was unreasonable, and further that awarding of maximum of 30 marks for educational qualification was also unreasonable in view of the fact that a written test was being held for judging their relative merit. The writ petitions were filed at a stage when the petitioners had not been called for interview and the appointments had yet to be made. Subsequently, the writ petitions were amended when the petitioners were in...

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Mar 31 1993 (HC)

Hotel Babadham and ors. Vs. Bihar State Financial Corporation and ors.

Court : Patna

S.B. Sinha, J. 1. In this application the petitioner have prayed for issuance of an appropriate writ for quashing the order dated 16-12-1992 whereby the mortgaged assets of petitioner No. 1 had been sold to respondent No. 3 in purported exercise of its power under Section 29 of the State Financial Corporation Act, 1951 (hereinafter referred to as the said Act.) 2. The fact of the matter is as follows : The petitioner No. 1 is a partnership firm and the petitioners Nos. 2 and 3 are its partners. 3. The petitioner applied for grant ofadvance from the respondent-Corporation. Asum of Rs. 8 lacs was sanctioned in the year1981. A term loan of Rs. 1.88 lacs wassanctioned in the year 1984 and another termloan of Rs. 2.45 lacs was sanctioned in theyear 1985. The final term loan of Rs. 7.1 lacswas sanctioned the year 1988. Thus the totalamount sanctioned to the petitioners wasRs.1952 lacs. The aforementioned amountwas paid to the petitioners by the respondent-Corporation in between the period ...

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Mar 31 1993 (HC)

Mohd. Suddique and ors. Vs. State of Bihar

Court : Patna

Om Prakash, J.1. This is an application under Article 226 of the Constitution of India filed on 17-4-1987 for quashing of petitioners' prosecution.2. On a written report by one Abdul Sattar, police registered Janjhargarh P.S. case No. 8(4)79 for affence under Section 324, I.P.C. against the petitioners. F.I.R. was received by the Chief Judicial Magistrate on 19-4-79. The petitioners surrendered before him on 24-4-79 and were granted bail. After investigation, charge-sheet was submitted on 14-7-79 and cognizance was taken on 17-7-79. Charges under Sections 324 and 323, I.P.C. were framed on 25-4-80.3. The prosecution examined PW 1 on 28-11-81, PW 2 on 2-2-82, PW 3 on 3-3-82, PW 4 on 10-4-82, PW 5 on 25-8-82, PW 6 on 18-9-82 and PW 7 on 10-5-83. PW 6 was recalled for further examination on 5-1-84.4. On 3-3-84, the prosecution made a prayer for framing of charge under Section 326 I.P.C. and such prayer was allowed, charge under Section 326 I.P.C. was framed against petitioner No. 1 Md. S...

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Mar 30 1993 (HC)

Gaurab Chauhan Vs. the State of Bihar and ors.

Court : Patna

S.B. Sinha, J.1. In this application the petitioner has prayed for a direction upon the respondents to allow him to sit in the 1990 Supplementary Examination to be held from 4th July, 1992.2. The fact of the matter lies in a very narrow compass.3. The petitioner appeared at the All India Entrance Test conducted by the Central Board of Secondary Education in terms of the direction of the Supreme Court of India for filling 15% seats in M.B.B.S. Course in all the Medical Colleges situated within the territory of India.4. The petitioner was at the first instance admitted in B. D. S. course in Government Dental College, Bombay. The petitioner was thereafter selected for MBBS course as some seats remained vacant and by reason of a memorandum dated 5th June, 1991 as contained in Annexure-1 to the writ application he was directed to take admission at the Medical College in Jawaharlal Nehru Medical College, Bhagalpur. He was admitted in the said institution on 18-7-1991. He allegedly attended ...

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Mar 30 1993 (HC)

Samtul Dhobi and anr. Vs. State of Bihar

Court : Patna

Syed Haider Shoukat Abidi, J.1. Appellant, Samtul Dhobi has been convicted under Section 302 of the Indian Penal Code (for short 'the IPC') and has been awarded sentence of death while appellant, Sufchal Dhobi has also been convicted under Section 302, IPC and sentenced to undergo rigorous imprisonment for life. Both the appellants have also been convicted under Section 307 and 307/34 IPC but no sentence has been awarded. Hence, these Death Reference 3 of 1992 Criminal Appeal No. 230 of 1992 by both the appellants.2. A First Information Report (Ext. 4) was lodged by the informant Ramzan Mian on 2-5-1991 at 7.30 a. m. at Majhaulia Police Station in which it has been said by the informant (PW 9) that in the night of 2-5-1991 at about 8 p. m. while his daughter (Ambud Nisa, PW 11) aged about 14 years, was sleeping with his wife Sakina Khatoon aged about 45 years on the floor by spreading a mat infront of the door of his house and while his daughter-in-law (Saimul Nisa, PW 8) wife of Maoz...

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Mar 30 1993 (HC)

Ram Ekwal Thakur Vs. State of Bihar and ors.

Court : Patna

S.B. Sinha, J. 1. This application is directed against the orders dated 27-7-1989 passed by the respondent No. 4; the order dated 2-1-1991 passed by the respondentNo. 3 and the resolution dated 18-2-1992 passedby the respondent No. 2 as contained inAnnexures 1, 2 and 3 respectively. 2. Shortly put the fact of the matter is asfollows; -- The petitioner by reason of a registered deed of sale dated 19-3-1987 purchased the lands in question from Rajendra Thakur. The said deed of sale was registered on 3-5-1988. subsequently the petitioner sold the said land to Ram Kishore Choudhary who allegedly purchased the same for construction of dwelling house by a deed of sale dated 2-4-1987 which was registered on 14-7-1987. 3. A pre-emption application was filed by the respondent No. 5 on 1-8-1988 purported to be in terms of Section 16 (3) of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961 (hereinafter referred to as 'the Act') claiming pre-emption in r...

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Mar 25 1993 (HC)

Managing Committee of Rajo Sidheshwar High School and anr. Vs. State o ...

Court : Patna

B.P. Singh, J.1. The petitioners herein, the Managing Committee of Rajo Sidheshwar High School, Karki and its Headmaster, have filed the instant writ application with a prayer that a writ of mandamus be issued commanding the respondents, in particular the Bihar School Examination Board, to accept the registration forms and fees of the students of the petitioners' institution without late fine in connection with the Annual Secondary Examination 1993 scheduled to be held from 27th April, 1993. It is claimed by the petitioners that the aforesaid school was established in January, 1989. The Management applied for permission to establish the school as well as for recognition of the school as proprietory school. The matter was being considered by the concerned authorities, and a favour able report was submitted by the District Education Officer to the Deputy Director of Second Education. While the matter was still under consideration, the students who were admitted to class VIII when the s...

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Mar 24 1993 (HC)

Jogl Sada Vs. State of Bihar

Court : Patna

Narinder S. Rao, J.1. Jogi sada, the appellant, stands convicted under Section 307 of the Indian Penal Code (to be hereinafter referred to as the Code), and sentenced to undergo rigorous imprisonment for seven years. He has also been sentenced to undergo rigorous imprisonment for one year each under Section 354 as also under Section 342 of the Code. Although he was also charged under Section 376 read with Section 511 of the Code, but has been acquitted of that charge. His awarded sentences have been ordered to run concurrently. Feeling aggrieved, he has preferred this appeal through jail. Alongwith appellant, his co-uccused Birju Sada and Maikhu Sada were also convicted and sentenced under Section 342 Of the Code in the same manner, but this appeal has been prefered only by Jogi Sada appellant.2. The appellant hails from Chhatunibadh, district-Madhubani, to which village his co-convicts Birju Sada and Maikhu Sada also hail.3. The prosecution version, in brief, is that on 16-4-1988 at...

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