Patna Court April 1994 Judgments
Balbindar Singh Vs. State of Bihar and ors.
Court: Patna
Decided on: Apr-27-1994
Nagendra Rai, J.1. The petitioner has filed the present application for quashing his prosecution for the offence under Sections 426, 323, 324, 341 and 326 of the Indian Penal Code.2. Opposite party No. 2 Bhagwant Singh @ Bhagwati Singh, resident of Gurdawara Road, P.S. Shikarpur, Distt. West Champaran, lodged a written report before Shikarpur police Station on 18.6.1993 at 8.45 P.M. alleging that while his servant Shiv Prasad was returning back to Narkatiaganj on a Motor Cycle at about 8 P.M. the petitioner Balbindar Singh and his associates stopped the Motor Cycle and assaulted Shiv Prasad with lathi and Chhura. Anyhow, Shiv Prasad managed to save himself and informed about the incident to the informant.3. That motive for the occurrence was that a proceeding Under Section 107 Cr.P.C. was going on between the informant and the petitioner Balbindar Singh. The police after Investigation submitted final from on 30.8.1993. The people also submitted on 18.6.1993 a prosecution report for pr...
Tag this Judgment!Tata Engineering and Locomotive Co. Ltd. Vs. Union of India (Uoi)
Court: Patna
Decided on: Apr-27-1994
Mukundkam Sharma, J.1. The petitioners, in this writ application have challenged the legality and/or validity of the order dated 19-3-1993 passed by the Assistant Collector, Central Excise, Jamshedpur holding that Tool kits supplied by the petitioners with the motor vehicle chassis cannot be said to be 'inputs' to be used in or in relation to the manufacture of motor vehicles within the ambit of Rule 57A of the Central Excise Rules (hereinafter referred to as 'the Rules') and also the show cause notices issued by him to the petitioners prior to the said aforesaid decision.2. According to the petitioners, it is engaged in manufacturing of motor vehicle chassis at their factories in Jamshedpur, in the State of Bihar and Pimpri, in the State of Maharashtra. The motor vehicle chassis manufactured by the petitioners are cleared on payment of excise duty at ad valorem basis. The Company supply to buyers of their motor vehicle chassis at their option a tool kit comprising of spanners, wrench...
Tag this Judgment!Shakti Tubes Ltd. and anr. Vs. State of Bihar and ors.
Court: Patna
Decided on: Apr-26-1994
K.S. Paripoornan, C.J. 1. This batch of three cases were heard together as common questions arose for consideration in these cases. In C.W.J.C. No. 6155 of 1993 alone there are two petitioners. The petitioners in all the three cases are companies. They are assessees to sales tax. Their complaint is that the State-respondent (Government of Bihar) has failed to disburse the interest free sales tax loan either fully or partially as per the resolution No. XI-IP-04/86-13730 dated 1st September, 1986, Department of Industries, Government of Bihar. The said resolution of the Government of Bihar is filed as Annexure 3 in C.W.J.C. No. 6155/93. The said resolution is filed as annexures in other cases also. C.W.J.C. No. 6155/93 was treated as the main case. So, we shall refer to the facts stated in the said case to solve the controversy raised in this batch of cases. 2. The prayer in this batch of writ petitions is for the issuance of directions to the respondents-State of Bihar and its offic...
Tag this Judgment!Brahamchari Yashpal Vs. the State of Bihar and ors.
Court: Patna
Decided on: Apr-26-1994
A.K. Ganguly, J.1. The subject-matter of challenge in this writ application is the order dated 21-1-1994 whereby the Treasury Officer, Saran communicates the order of the Collector, Saran to the effect that Binod Singh, Senior Selection Grade Accountant, the 6th Respondent, has been directed to take over charge of the strong room with immediate effect in keeping with the direction of the Commissioner, Saran Division, Chapra. A copy of the said order has been served to the petitioner for his information and with a direction asking him to hand over charge of the strong room to the 6th respondent. The said order has been made Annexure-11 to the writ petition.2. The principal ground of challenge of the said order Annexure-11, is that the same has been passed as a result of political pressure exerted on the administration by the 7th respondent Sri Udit Rai, a Member of the Bihar Legislative Assembly (hereinafter referred to as the Loocal M. L. A.).3. The attention of the Court has also be...
Tag this Judgment!ivo Pharmaceuticals (P) Ltd. and ors. Vs. Bihar State Electricity Boar ...
Court: Patna
Decided on: Apr-26-1994
R.N. Sahay, J.1. The first petitioner is a Company registered under the Companies Act and the second petitioner is the Managing Director of the said Company. The Company is engaged in manufacture of life saving drugs and other drugs since 1983. The Company entered into an agreement with Bihar State Electricity Board for supply of electricity for industrial purpose at the load of 15 Horse powers. The first petitioner was also provided commercial connection for the purpose of lighting in the officer and factory.2. The first petitioner was served with electric bill for February, 1993 in March, 1993 for a sum of Rs. 72,631.66 (Annexure-3). The petitioner assert that the bill was incorrect and accordingly applied for its rectification. Respondents, however, continued to raise the bills on the basis of wrong calculation. The petitioners were utilizing both the electrical connection, one for the Industrial load and the other for commercial load since 1983. Respondents disconnected the elect...
Tag this Judgment!Mohd. Murshid Vs. State of Bihar
Court: Patna
Decided on: Apr-25-1994
Prasun Kumar Deb, J.1. This appeal has been directed against the judgment and order of conviction, dated 13-4-1993 passed by Shri S.K. Sharma, 4th Additional Session Judge, Dhanbad, in Sessions Trial No. 84 of 1990 whereby the accused appellant Md. Murshid was found to be guilty for the offence under Sections 363 and 302 of tile Indian Penal Code and sentenced to undergo imprisonment for four years and for life respectively. Both the sentences were ordered to run concurrently.2. The brief facts as is revealed from the materials on records are that on 13-4-1986 in the evening hours, the accused appellant (Md. Murshid) who was serving in the garage belonging to the informant Md. Mara/a (PW 3) slaying at his house Sadisopur in the district of Patna took away his minor son Md. Mumtaz, aged about 7/8 years from the custody of parents but die accused did not return. At about 6 p.m. on Unit date the brother of the informant namely Md. Manowar Alam (PW 11) while coming in train from Danapur t...
Tag this Judgment!Continental Pump and Motors Ltd., Gaziabad (Up) Vs. the State of Bihar
Court: Patna
Decided on: Apr-25-1994
1. The petitioner-Company, M/s. Continental Pump and Motors Ltd., Gaziabad (U.P.) has filed the instant writ application for issuance of a writ of mandamus or any other appropriate writ or direction commanding respondent Nos. 1 to 3, the State of Bihar and its authorities, to award to it the contract for supply of submersible pump sets along with accessories and spare parts pursuant to the tender submitted by the petitioner-Company in response to a tender notice. The petitioner claims that the rates offered by it were the lowest so far as schedule 2 items were concerned and the second lowest so far as, schedule-1 items were concerned. Yet the contract was awarded to respondent No. 4 M/s. K.S.B. Pumps Ltd. for supply of schedule 1 items, and to respondent No. 5, M/s. International Pumps and Project (India) Ltd. for supply of Schedule 2 Stems. It is contended that the petitioner-company fulfilled all the terms and conditions of the tender notice, and hence the respondent-authorities hav...
Tag this Judgment!Kamlesh Kumar and ors. Vs. State of Bihar
Court: Patna
Decided on: Apr-25-1994
Prasum Kumar Deb, J.1. These two criminal miscellaneous applications have been referred to Division Bench for consideration. The questions that arises consideration are as to whether in spite of the limitation imposed under Section 37(1)(b) of the Narcotic Drugs and Psychotropic Substance Act, 1985 (hereinafter to be referred to as the said Act) with regard to grant of bail an accused who is booked under Section 20 of the Act is entitled to bail if the stringent measures and formalities incorporated in the Act for arrest and seizure is not literally complied.2. It is not settled by the decision of the Supreme Court in Narcotics Control Bureau v. Kishan hall : 1991CriLJ654 , that provision of Section 37 of the said Act being in negative terms limiting the scope of applicability of the provisions of the Code of Criminal Procedure regarding bail, the power of the High Court under Section 439, Cr.P.C. are circumscribed by Section 37 of the Act.The Supreme Court had no occasion to consider...
Tag this Judgment!Rabindra Singh Alias Thikedar Singh and ors. Vs. State of Bihar and or ...
Court: Patna
Decided on: Apr-25-1994
Prasun Kumar Deb, J.1. All the four appeals have been heard analogously and are going to be disposed of at a time as all the four appeals have arisen out of the same and common judgment of conviction passed by Shri Jiwan Tigga 7th Additional Sessions Judge, Palamau at Daltonganj, in Sessions Trial No. 512 of 1988 convicting all the eight accused appellants under Section 395 of the Indian Penal Code and the accused appellant Baldeo Singh [Criminal Appeal No. 19/90 (R)] and accused appellants Rajdeo Singh, Prabhu Singh, Birbal Singh, Sunil Singh alias Dhirendra Singh [Criminal Appeal No. 340 of 1989(R)] and accused appellant Bikrama Singh [Criminal Appeal No. 342 of 1989(R)] have further been convicted under Section 412 of the Indian Penal Code and they have been sentenced to undergo rigorous imprisonment for life under Section 395 of the Indian Penal Code and above six accused appellants have been sentenced to undergo rigorous imprisonment for ten years under Section 412 of the Indian...
Tag this Judgment!Angou Golmei Vs. Vizovolie Chakha Sang
Court: Patna
Decided on: Apr-22-1994
S.N. Jha, J.1. The petitioner have challenged the validity of seizure of the goods, namely, cloves and javitri. They also seek direction to the respondents to permit them to carry on trade and business in cloves, javitri and other items. The controversy in the two writ petitions being identical, they have been heard together and are disposed of by this common judgment.2. Shorn of details, the petitioner in Cri. W.J.C. No. 419 of 1993 claims to be holder of monopoly rights for working of cloves in the State of Manipur for the period of two years effective from 23rd October, 1992. The petitioners in Cr. W.J.C. No. 474 of 1993 claim to be settles of the cloves and the Javitri Mahals in the State of Nagaland for the period of one year ending on 9th September 1992. On the basis of the settlement aforesaid, according to them, they collect articles and despatch them to different places by air or mail on payment of royalty to the respective Government, namely, Government of Manipur and Nagala...
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