Patna Court August 1996 Judgments
Raj Kumar Mahto Vs. State of Bihar
Court: Patna
Decided on: Aug-30-1996
J.N. Dubey, J.1. This revision is directed against the order dated 2nd September, 1986 of the 1st Additional Sessions Judge, Begusarai.2. The case of the prosecution in brief is that on 21st April, 1982 at about 4.36 p.m. B.P. Ambastha, Labour Superintendent-cum-Labour Inspector visited the grocery shop of the applicant at Mungeriganj, Begusarai and found his shop open although it was a weekly holiday. The applicant, who was transacting business, with the customers, was asked to produce the relevant registers for inspection but he refused to do so.3. The applicant was, accordingly, tried by the Sub-Divisional Judicial Magistrate, Begusarai under Section 34 of Bihar Shops and Establishment Act, 1953, for violating the provisions of Sections 12(I) and 33(I) and (II) of the Act. On his coming to the conclusion that the prosecution has succeeded in proving its case beyond reasonable doubt convicted the applicant under Section 34 of the Act and sentenced him with a fine of Rs. 250 and in t...
Tag this Judgment!Arun Kumar Singh Vs. State of Bihar
Court: Patna
Decided on: Aug-30-1996
Loknath Prasad, J.1. This is an application under Section 482 of the Code of Criminal Procedure for quashing the entire criminal prosecution relates to Jaridih P.S. Case No. 7/85 under Section 7 of the E.C. Act and pending before the Special Judge, E.C. Act, Bokaro.2. The fact in short for the purpose of this application is that no 8.2.1985 the Sub-Inspector attached to Jaridih P.S. found truck bearing Registration No. BHK 6591 loaded with coal. The driver disclosed the name of the petitioner to be the owner of the truck and no document regarding coal was produced then the Sub-Inspector submitted a written report and after investigation submitted charge-sheet under Section 379/411 of the Indian Penal Code and also under Section 7 of the E.C. Act. The trial Judge that is Special Judge (E.C. Act), Giridih only took cognizance of the offence under Section 7 of the E.C. Act for violation of the Provisions of Bihar Trade Articles (Licences Unification) Order, 1984 and it was also observed ...
Tag this Judgment!Kamta Singh Vs. Bansh Rakhan Singh and ors.
Court: Patna
Decided on: Aug-30-1996
Dr. J.N. Dubey, J.1. This revision is directed against the order dated 16.12.1986 of the Additional Sessions Judge XIII, Patna.2. It appears that on 17.7.1968, the officer-in-charge of P.S. Bikram submitted a report to the Sub-Divisional Magistrate. Danapur stating that there was apprehension of breach of peace between the parties with respect to the possession of the property in dispute with a request for initiating under Section 144, Cr.PC Accordingly, the Sub-Divisional Magistrate initiated proceedings under Section 144, Cr. P.C, which were subsequently converted into proceedings, under Section 145, Cr.PC The case was subsequency transferred to the Judicial Magistrate 1st class, Danapur, who vide his order dated 30.11.1973 declared the possession of the opposite parties, Dip Narain Singh and Ors. O.P. No. 1, Bansh Rakhan Singh field Criminal Revision No. 546 of 1974 in this Court which was allowed on 9.12.1977 and the case was remitted to the trial Court for deciding afresh on meri...
Tag this Judgment!Lal Saraf Vs. State of Bihar and anr.
Court: Patna
Decided on: Aug-29-1996
Naresh Kumar Sinha, J. 1. The application is for quashing the entire criminal prosecution initiated against the petitioner in Complaint Case No. 68 of 1986 under Section 276CC of the Income-tax Act, 1961, presently pending before the Special Court (Economic Offences), Muzaffarpur. 2. Only such of the facts as are necessary for disposal of the application need be stated. The Income-tax Officer, O.P. No. 2, filed a complaint alleging that on September 20, 1980, the residential and business premises of the petitioner were searched under Section 132(1) of the Income-tax Act, 1961 (hereinafter 'the Act'). In the course of search a large number of incriminating books of account including duplicate sets of books were seized by the officers of the Department. On a scrutiny of the books of account seized, it was detected that the accused had income from other sources and he had not disclosed his true income to the Department and had been evading payment of taxes. As there was concealment of ...
Tag this Judgment!Lal Saraf Vs. State of Bihar and anr.
Court: Patna
Decided on: Aug-29-1996
NARESH KUMAR SINHA, J. :The application is for quashing the entire criminal prosecution initiated against the petitioner in complaint case No. 68 of 1986 under s. 276CC of the IT Act, 1961, presently pending before the Special Court (Economic Offences), Muzaffarpur.2. Only such of the facts as are necessary for disposal of the application need be stated. The ITO, O.P. No. 2, filed a complaint alleging that on 20th September, 1980, the residential and business premises of the petitioner were searched under s. 132(1) of the IT Act, 1961 (hereinafter 'the Act'). In the course of search a large number of incriminating books of account including duplicate sets of books were seized by the officers of the Department. On a scrutiny of the books of account seized, it was detected that the accused had income from other sources and he had not disclosed his true income to the Department and had been evading payment of taxes. As there was concealment of substantial income for the asst. yr. 1983-84...
Tag this Judgment!Pushpa Pandey and ors. Vs. Janardan Prasad Singh and ors.
Court: Patna
Decided on: Aug-28-1996
R.N. Sahay, J.1. These appeals have arisen from a common judgment and award dated 18.1.1988 passed in Claim Case No. 9 of 1984, Claim Case No. 13 of 1984 and Claim Case No. 10 of 1984. These appeals were heard analogously in view of the fact that the deceased and the injured were occupants of one car which met with a fatal accident.M.A. No. 63 of 19882. There are three appellants in this appeal which arises from Claim Case No. 9 of 1984 filed by the legal representatives of the deceased Rabindra Kumar Pandey.M.A. No. 64 of 19883. There are five appellants in this appeal which arises from Claim Case No. 13 of 1984.M.A. No. 65 of 19884. There is only one appellant. This appeal arises from Claim Case No. 10 of 1984. The appellant is the widow of Suresh Chandra Giri who was killed in the accident.5. The facts of these cases are that on 7.3.1984 at about 6.30 a.m. an accident took place between Madho Bigha and Orhanpur villages within the Nawadah Municipality. All the occupants of a car w...
Tag this Judgment!Professor Arun Kumar Singh and anr. Vs. State of Bihar and anr.
Court: Patna
Decided on: Aug-27-1996
M.Y. Eqbal, J.1. In this writ application the petitioners have prayed for issuance of appropriate writ, order or direction setting aside the administrative order passed by respondent No. 2, the High Court of Judicature at Patna transferring the Sessions Trial No. 115 of 1996, from the Court of Vth Additional District and Sessions Judge, Muzaffarpur to the Court of Shri Shiv Shankar Sharma, VIIIth Additional District and Sessions Judge, Patna. Further relief has been sought for the effect that the trial be allowed to be conducted by the same Court of Muzaffarpur or by any other Court at Muzaffarpur. At the very outset the petitioners disclosed in the writ petition that the petitioners invoked the jurisdiction of the Hon'ble Supreme Court under Article 32 of the Constitution of India, challenging the impugned administrative order of the High Court on the ground that it infringed the fundamental rights enshrined under Articles 14 and 21 of the Constitution of India. However, the aforesai...
Tag this Judgment!Kapleshwar Mandal Vs. State of Bihar and ors.
Court: Patna
Decided on: Aug-27-1996
Radha Mohan Prasad, J.1. This writ petition has been filed by the son of the deceased employee late Nanipat Mandal, who died in harness on 25.9.91 while working as Choukidar in the District of Darbhanga.2. The grievance of the writ petitioner are two fold. The first grievance is that he has not been paid the death-cum retirement dues such as payment of Group Insurance, pension and oilier payments including the salary of his father for the period January, 90 to October, 90, May 91 to September 91. The second grievance of the petitioner is in regard to non-consideration of his case for appointment on compassionate ground.3. A counter affidavit has been filed on behalf of the Superintendent of Police, Darbhanga (respondent No. 5) In the said counter affidavit it is stated that the petitioner has been paid Rs. 50,000/- by the Circle Officer of Hayaghat as Group Insurance after the death of the petitioners father. In pare 9 of the said counter affidavit it is stated that the petitioner had...
Tag this Judgment!Keshab Ranjan Sen Vs. Coal Inspection Service
Court: Patna
Decided on: Aug-27-1996
Prasun Kumar Deb, J.1. This revision petition has been filed by the above named petitioner who was opposite party in Miscellaneous Case No. 26 of 1994 against the order dated 6.5.1996 passed by the Principal Subordinate Judge, Dhanbad, whereby and whereunder, the miscellaneous case registered on an application under Section 33 of the Arbitration Act, 1940 (hereinafter referred to as 'the Act') filed by the opposite party was held to be maintainable.2. The fact of the case are required to be reiterated for appreciating the points involved in this revision petition.3. The petitioner and the opposite party were partners of a registered partnership firm along with three other partners, namely, T. Gupta, T. Roy and D.K. Ghosh. When certain dispute arose between the partners relating to retirement of the petitioner from the said firm, then by mutual consent of all the partners, the dispute was referred to the joint arbitrators, namely, K.S. Murthy and R.N. Rudra, who published their award o...
Tag this Judgment!Vishwa Mohan Sinha Vs. State of Bihar and anr.
Court: Patna
Decided on: Aug-26-1996
P.K. Sarin, J.1. By this application under Section 482 of the Code of Criminal Procedure of 1973 (hereinafter referred to as the Code) the petitioner seeks quashing of order dated 23.7.1996 passed by Judicial Magistrate, Patna, in complaint case No. 480 (c) of 1994 by which the learned Judicial Magistrate has rejected the application of the petitioner for sending back the case to the court of Chief Judicial Magistrate which had transferred the case under Section 192 of the Code to the Judicial Magistrate. Patna.2. It appears that a criminal complaint was filed by opposite party No. 2 against the present petitioner and others in the court of Chief Judicial Magistrate who by his order dated 28.5.1994, after ordering the complaint to be registered, transferred the case under Section 192 of the Code to the Court of Sri Arunendra Singh, Judicial Magistrate, first class, Patna, for enquiry and disposal. On receiving the complaint case under the orders of the Chief Judicial Magistrate, the l...
Tag this Judgment!- ‹ Prev
- 2
- 3
- 4
- Next ›
- Last »