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Jan 20 1993 (HC)

Sal (Components) Pvt. Ltd. and ors. Vs. Bihar State Financial Corporat ...

Court : Patna

S.B. Sinha, J. 1. A notice dated 29-6-1989 issued to the petitioners and two others by the Branch Manager, Bihar State Financial Corporation, Vikash Bhawan, Adityapur, Jamshedpur, purported to be in terms of Sections 29 and 30 of the State Financial Corporations Act, 1951 (hereinafter to be referred as to the Act) is the subject-matter of this writ application. 2. The brief fact necessary to be noticed for disposal of this application are as follows: (a) The petitioner No. 1 and the Bihar State Financial Corporation entered into an agreement on 7th October, 1988, in terms whereof a sum of Rs. 30.63 Lakh was to be provided as loan by the respondent No. 1 to the petitioners. The petitioners allegedly repaid a part of the loan by making timely payment of instalments to the extent ofRs. 16.75 Lakh. The petitioners contend that respondent No. I had not disturbed Rs. 16,45 lakh despite repeated demands. In the meanwhile, the impugned notice has been issued. (b) In the said notice it has be...

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Jan 19 1993 (HC)

Bihar State Housing Board Vs. State of Bihar and ors.

Court : Patna

S.B. Sinha, J. 1. In this application the petitioner has prayed for issuance of a writ of certiorari for quashing the order passed by the Additional District Judge, 1st Court Gaya whereby he enhanced the amount of compensation in Land Acquisition Case No. 7 of 1983 as also for a writ of or in the nature of mandamus directing the respondent No. 4 to reopen the proceeding and determine the amount of compensation after giving an opportunity of hearing to the petitioner. 2. The petitioner is a body-corporate established in terms of Section 3 of the Bihar State Housing Act, 1982 and thus is a State within the meaning of Article 12 of the Constitution of India. 3. The State of Bihar, allegedly at the instance of the petitioner issued a notification under Section 4 of the Land Acquisition Act (hereinafter referred to as 'the said Act'). On 5-12-1974 declaring its intention to acquire a large tract of land situated at village Mustafabad in the district of Gaya. A declaration under Section 6...

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Jan 13 1993 (HC)

Kalyanpur Lime and Cement Works Ltd. Vs. Labour Court and ors.

Court : Patna

Aftab Alam, J. 1. This application under Articles 226 and 227 of the Constitution of India has been filed challenging an order dated November 7, 1981, passed by the Presiding Officer, Labour Court, Patna, in Reference No. 18 of 1977. By the impugned order, the Labour Court refused to accept a settlement, said to have been arrived at between the union (respondent No. 2) and the management (the petitioner) and directed that he would proceed to adjudicate on the dispute under reference on its merits. It is to be noted at the outset that the reference relates to the removal from service of an individual workman, respondent No. 3. 2. The facts of this case are brief and not in dispute; it is another matter that those facts are being interpreted differently by the contending parties. 3. Respondent No.3 (hereinafter referred to as 'the concerned workman') was a workman of the petitioner-company. He was removed from employment by notice dated November 24, 1975, a copy of which has been enc...

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Jan 12 1993 (HC)

Ram Kishun Mahto and anr. Vs. Additional Member, Board of Revenue, Gov ...

Court : Patna

S.B. Sinha, J. 1. Both these applications involving common questions of law and fact were heard together and are being disposed of by this common judgment. 2. For the purpose of disposal of the case, the representative matrix of facts is being noticed from C.W.J.C. No. 946/1979. 3. Admittedly, respondents Nos. 7 to 9 were the original owners of the land. On 24-1-1976 the respondents Nos. 7 to 9 executed a deed of sale in favour of respondent No. 6 which was also registered on that date. However, registration of the said deed in terms of Section 61 of the Registration Act was done on 16-2-1976. On 9-3-1976 respondent No. 6 executed a registered deed of sale in respect of the land question in favour of the petitioner. 4. The respondents Nos. 4 and 5 filed an application for pre-emption in terms of Section 16 (iii) of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961 (hereinafter referred for the sake of brevity as 'the Act) on 21-3-1976 inter a...

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Jan 07 1993 (HC)

Commissioner of Income-tax Vs. Tata Steel Charitable Trust

Court : Patna

G.C. Bharuka, J.1. These references relating to the assessment years 1972-73, 1973-74, 1974-75 and 1975-76 involve a common question of law based on identical facts and, as such, are being disposed of by a common judgment.2. The question of law falling for consideration is as follows : 'Whether, on the facts and in the circumstances of the case, the provisions of Section 13(1)(c) of the Income-tax Act, 1961, are applicable and, therefore, the trust income or any part thereof is not exempted under Section 11(1) of the said Act ?'3. The assessee-trust was created by Messrs. Tata Iron and Steel Company Limited by executing a deed dated March 30, 1966. One of the objects for which the trust was created was to utilise the income earned by it for charitable purposes in India only by giving relief to the poor, education, medical relief and advancement of any other object of general public utility not involving the carrying on of any activity for profit. The assessee claimed exemption in resp...

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Jan 07 1993 (HC)

Commissioner of Wealth-tax Vs. Kishorilal Agrawal

Court : Patna

G.C. Bharuka, J. 1. In this reference made under Section 27(1) of the Wealth-tax Act, 1957 (in short, 'the Act' hereinafter), relating to the assessment year 1975-76, the following question of law has been referred by the Tribunal for the opinion of this court : 'Whether, on the facts and in the circumstances of the case, the Tribunal was correct in holding that the firm, Messrs. Agiwal and Company, in which the assessee was a partner was an industrial undertaking within the meaning of Section 5(1)(xxxii) of the Wealth-tax Act, 1957 ?' 2. The assessee is a partner in a firm, Messrs. Agiwal and Company. The said firm acts as a civil contractor engaged in construction of roads, buildings and drains. The assessee claimed exemption under Section 5(1)(xxxii) of the Act of the value of interest in the assets of the firm on the ground that the entire assets of the firm formed part of an industrialundertaking belonging to the firm. The value of the assessee's interest in the assets of the fi...

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Dec 23 1992 (HC)

Khursheed Alam Vs. State of Bihar and ors.

Court : Patna

Bisheshwar Prasad Singh, J. 1. The petitioner herein is aggrieved by the order dated 16-5-1991 (An-nexure 1) whereby the Chief Engineer. Rural Engineering Organisation (R.E.O. for short), respondent No. 5 herein, has directed the Superintending Engineer, R.E.O. (respondent No. 6) to divide the work between the petitioner and Quasim Raza (respondent No. 8 herein). According to the petitioner, the aforesaid order is illegal, since he was allotted the work after inviting tenders and the order (Annexure 1) has been passed under political influence. He has, therefore, prayed that Annexure 1 be quashed and respondent No. 7 be restrained from acting in accordance therewith. 2. The facts of this case will disclose the manner in which the governmental work of a routine nature is interfered with by politicians who bring all sorts of pressure on the officers of the government to act in a particular manner so as to confer favour on the person/persons in whom they are interested. The practice has...

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Dec 21 1992 (HC)

Dr. Anil Kumar Vs. State of Bihar and ors.

Court : Patna

Gurusharan Sharma, J. 1. Thepetitioner appeared in the post-Graduate Medical Admission Test, 1987, for admission into post-Graduate degree/ diploma course of the different Medical College of the State of Bihar. The petitioner fulfilled the requisite qualifications for appearing at the said competitive test. The result of the test was published on 9-4-1983 on the notice board of Patna Medical College and subsequently on 10-4-1988 in 'The Times of India', anEnglish daily. The petitioner did not find his Roll Number in the merit list. The petitioner expected at least 75% marks, whereas the persons securing 71 % marks were found in the merit list. The answer sheets were evaluated by the Computer. Sometimes the Computer produces erratic results, and, as such, the petitioner requested for revaluation of his answer sheet, but in spite of assurance revaluation was not done. The petitioner, therefore, having no efficacious remedy left, invoked the jurisdiction of this Court under Articles 226...

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Oct 01 1992 (HC)

Patna Zila Truck Association and ors. Vs. the State of Bihar and ors.

Court : Patna

1. The present writ application has been filed by two Associations of Truck Owners for issuance of a writ of or in the nature of mandamus directing the respondent Transport Authority not to insist upon production of tax token for the purpose of grant on goods carriage permits under and in accordance with the provisions contained under Sections 77, 78 and 79 of the Motor Vehicles Act, 1988 (hereinafter referred to as the 'Central Act' only). 2. The petitioners are registered Associations of Truck Owners. According to the statements made in the writ application, respondents Nos. 2, 3 and 4 are not issuing permits to the truck owners unless tax tokensare produced as a proof of deposit of taxes levied under the provisions of the Bihar Motor Vehicles Taxation Act, 1930 (hereinafter in short the 'State Act'). 3. The tax token is an evidence of payment of tax including the additional tax under the provisions of the State Act. According to the petitioners, the respondents are acting mala fi...

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Sep 30 1992 (HC)

Smt. Madalsa Devi Vs. Smt. Mridula Chandra

Court : Patna

Aftab Alam, J. 1. These two appeals which have been heard together and are being disposed of jointly arise out of a common judgment by the first appellate court in the following circumstances. 2. The plaintiff-respondent instituted a suit for eviction of the defendant from the suit premises, in addition, arrears of rent and damages or unauthorised occupation were also claimed. The trial court disallowed the reliefs of eviction and damages for unautho-rised occupation. It, however, allowed the suit only in respect of the claim for the arrears of rent. The plaintiff filed an appeal against the trial Court's judgment. The defendant also went in appeal. These two appeals were heard and disposed of by the 1st appellate court by a common judgment whereby it dismissed the defendants appeal and allowed the plaintiffs appeal decreeing the suit in whole. This necessitated filing of these two separate appeals before this court which have been heard together and are being disposed of by this jud...

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