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Feb 25 1993 (HC)

Prabhawati Devi and anr. Vs. the State of Bihar and ors.

Court : Patna

S.B. Sinha, J. 1. This application is directed against an order dated 26-8-1992 passed by the Collector, Rohtas at Sasaram (Respondent No. 2) whereby and whereunder he dismissed the application filed by the petitioners for re-opening of the case. 2. The fact of the matter lies in a very narrow compass. 3. One Sheojogi Yadav (since deceased) was the land holder. A ceiling proceeding under the provisions of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961 (hereinafter referred to as 'the said Act') being Ceiling Case No. 76 of 1975-76 was initiated against him. Petitioners are his daughters and Respondents Nos. 3 to 5 are his sons. Respondents Nos. 6 and 7 are also his daugthers and Respondent No. 8 is his widow. The said Sheojogi Yadav is said to have been holding 28.91 acres of land and in the aforementioned land ceiling proceeding an area of 4.77 acres of lands were declared surplus in term of the district gazette dated 16-8-1980 issued u...

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Feb 23 1993 (HC)

Regent Cinema Vs. State of Bihar and ors.

Court : Patna

Nagendra Rai, J.1. The petitioner has filed the present writ application for quashing the order dated 7-5-85 passed by the District Magistrate, Patna, in Cr. Misc. Case No. 2/64 by which he had directed the Licensee of the Regent Cinema Hall to pay a fine of Rs. 1, 000 under Section 7(1) of the Bihar Cinema (Regulation) Act, 1954 (hereinafter referred to as 'the Act1).2. The case of the petitioner is that one Sushil Kumar Sinha is the managing partner and the licensee of the. Regent Theatre popularly known as Regent Cinema. On 29-2-1984 M/s Regent Cinema was exhibiting the film 'Inquilab' which was holding 'A' certificate meaning thereby that the film was to be shown/only to adults and not to be minors. At about 8.30 p. m. Shri Yogendra Prasad, Cinema Magistrate, inspected the cinema premises when the film 'Inquilab' was being exhibited and found persons between the age group of 10 to 20 seeing the cinema in the cinema hall. The said persons were arrested under Section 34 of the Polic...

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Feb 23 1993 (HC)

Uttam Lal Yadav and anr. Vs. State of Bihar and anr.

Court : Patna

M.Y. Eqbal, J.1. In this writ application the petitioners have prayed for issuance of appropriate writ in the nature of certiorari for quashing the order dated 27.9.1996 passed by 1st Additional District Judge, Madhipura in Criminal in Criminal Revision No. 64 of 1996 and the order dated 6.6.1995 passed by the Sub-divisional Magistrate, Madhipura in Miscellaneous Case No. 244 of 1996. Learned Sub-divisional Magistrate by the aforesaid order initiated a proceeding under Section 145 of the Code of Criminal Procedure by ignoring the final order passed by him in the earlier proceeding for the same dispute between the same parties.2. The fact of the case lies in a very narrow compass.3. The land in dispute comprised within the plot No. 1283 (old plot No. 1058) measuring an area of 44 decimal of village-Sakhua, Police-Station-Murliganj, District-Madhipura. The land in dispute was recorded in the name of State of Bihar which has been settled to Sri Shardanand Singh in whose name Jamabandi No...

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Feb 18 1993 (HC)

Fourth Income Tax Officer Vs. Karimia Trust.

Court : Patna

U. S. DHUSIA, J. M. :25th October, 1985.The Revenue is aggrieved at whose instance these four appeals for the asst. yrs. 1969-70, 1970-71, 1971-72 and 1972-73 have been filed. According to the Revenue, the CIT(A) in disposing of the appeal filed by the assessee had made erroneous findings.2. One of the issues raised in all these appeals is regarding the nature of the assessment made by the ITO. The ITO had made the assessments apparently under S. 144. According to the ITO, the assessee had defaulted in producing the books of accounts maintained by him for these years and, therefore, he invoked the provisions contained under S. 144 for making the assessments. According to the assessee, the ITO was misdirected in making the assessments under S. 144. The assessment made under S. 144 was an instance of erroneous finding and the assessment should be considered as having been made only under S. 143(3). The assessee no doubt maintained the books of accounts for the year but at the time when ...

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Feb 17 1993 (HC)

Northern India Seeds Corporation and Seeds India Vs. the State of Biha ...

Court : Patna

S.B. Sinha, J.1. Both these writ applications involving common question of fact and law were taken up for hearing together and are being disposed of by this common judgment.2. The fact of the matter lies in a very narrow compass.3. In these writ applications the petitioners have questioned the orders passed by the District Magistrate, Patna (Respondent No. 4) whereby he directed the Bihar State Co-operative Marketing Union (hereinafter to be referred as 'Biscomaun') not to make any payment for seeds/gram seeds supplied by the petitioner till further orders.4. The said orders are contained in Annexures-4 and 7 to the afore mentioned writ petitions respectively.5. In or about August, 1984, tender notices were issued for supply of seeds/gram seeds for the Rabi crops for the year 1984-85. On 10-9-1984 the petitioners submitted their tenders and rates for supply of seeds of different qualities were finalised thereafter upon negotiation.6 On or about 30-9-1984 the Deputy Managing Director o...

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Feb 17 1993 (HC)

Ram Keshwar Singh Vs. the State of Bihar and ors.

Court : Patna

S.B. Sinha, J.1. This application was initially directed against the orders dated 25-1-1983 and 31-7-1980 as contained in Annexures-1 and 2 to the writ application whereby and where under the respondent No. 4 was promoted as Headmaster Incharge for a period of seven months and the petitioner was deputed to Akakchi Uchha Vidyalaya, Hazaribagh respectively.2. The petitioner thereafter filed an application for amendment of the writ application questioning an order dated 25-2-1987 which is contained in Annenure-9 thereto whereby and where under the respondent No. 4 was promoted to the post of Headmaster of High School Maheshara Hazaribagh, (hereinafter referred to as the 'School') with effect from 25-1-1983.3. The petitioner claims himself to be the founder Headmaster of the School. According to the petitioner he was appointed as an Assistant Teacher of the said School by the then Managing Committee of the School and was appointed as a Headmaster with effect from 21-1-1968.4. The responde...

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Feb 16 1993 (HC)

Dilip Kumar Rai Vs. Jai Prakash Rai and anr.

Court : Patna

Om Prakash, J.1. On the police report, S.D.O. Sadar, Bhagalpur, initiated a proceeding under Section 144, Cr.P.C. against the two parties. It was converted into one under Section 145, Cr.P.C. by an order dated 19-10-1985. It was transferred to the file of an Executive Magistrate. The learned Executive Magistrate considered the material on record including the documents filed by the 2nd party/opposite parties and declared possession of the 2nd party/opposite parties by an order dated 19-5-1992. Being aggrieved by such order the 1st party/petitioner has filed this criminal revision.2. Learned Counsel for the 1st party/petitioner has argued that the impugned order is illegal as the learned Executive Magistrate has considered the documents filed by the 2nd party/opposite parties which were not formally proved and admitted into evidence which was necessary in view of the provisions of Sub-section (4) of Section 145 of the Code of Criminal Procedure of 1973 (Act 2 of 1974). He has relied on...

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Feb 16 1993 (HC)

Srimati Tapeshwari Devi and ors. Vs. State of Bihar and ors.

Court : Patna

1. In this application the petitioners have prayed for issuance of an appropriate writ for quashing the notification, as contained in Annexure 1 to the writ application. 2. The fact of the matter lies in a very narrow compass. Sheo Bachan Bhagat was the original owner of the property. We had gifted 3.12 1/2 and 4.66 acres of land to the petitioners Nos. 4 and 5 respectively vide registered deed of gift dated 7-9-1962 and put them in possession of the said lands. He had also gifted 1.84 acres of land to one Om Prakash Bhagat, son of the petitioner No. 2, vide registered deed of gift dated 7-9-1962, and put him in possesion thereof. The names of the said donees were also mutated and they are obtaining rent receipts on payment of rent. The names of the petitioners Nos. 4 and 5 and the aforementioned Om Prakash Bhagat were also mutated in Register II in respect of the gifted lands. Sheo Bachan Bhagat, father of the petitioners and the respondents Nos. 8 and 9, owned and possessed 131.04 ...

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Feb 16 1993 (HC)

Birendra Kumar Das Vs. State of Bihar and ors.

Court : Patna

G.C. Bharuka, J.1. The present writ application has been filed by the petitioner for quashing the order dated 5-7-1989 (Annexure-1) issued by the respondent Chairman-cum-Managing Director, Bihar State Export Corporation, Biscoraaun Bhawan, Patna (in short' the Corporation' only) by which it has been communicated that in view of the decision taken by the Board of Directors, this petitioner is discharged from his service of the Corporation with immediate effect.2. The relevant facts may be stated in short. The petitioner was appointed in service of the Corporation on 10-7-1985 and was posted as the Administrative cum-Information Officer which was subsequently re-designated as Personnel and Administrative Officer. Subsequently by an order dated 6-8-1988, the petitioner was transferred on the post of Sales Manager in a Vihanka Show room of the Corporation at Patna. The petitioner objected to his said transfer by filing representation but the same was rejected. Then the petitioner challen...

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Feb 16 1993 (HC)

Ram Naresh Dubey and ors. Vs. the State of Bihar and ors.

Court : Patna

S.B. Sinha, J.1. This application is against an order dated 30-12-1980 passed by the Assistant Consolidation Officer, Respondent No. 4 in Consolidation case No. 752/1980, the order dated 26-7-1982 passed by the Deputy Director Consolidation, Respondent No. 3 in consolidation Appeal No. 170/1982 and the order dated 19-4-1983 passed by the Joint Director, Consolidation, Bihar, Patna, Respondent No. 2 in Revision Case No. 1244/1982 as contained in Annexures 3, 4 & 5 respectively to the writ application.2. In view of the points involved in this application, it is not necessary to state the fact of the matter in details.3. Suffice it to say that the lands in question were recorded in the cadestral survery records of right of Raj Kumar Dubey. He died leaving behind his son Chatur Dubey, father of the petitioner, who came in possession of the lands. However, according to the petitioner, Chatur Dubey buffered a paralytic attack in the year 1962 and he remained confined to bed.4. The petitione...

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