Patna Court February 1997 Judgments
D. Sarkar Alias Dipak Sarkar and ors. Vs. State of Bihar and anr.
Court: Patna
Decided on: Feb-13-1997
D.P. Wadhwa, C.J. 1. In this petition under Section 482 of the Code of Criminal Procedure, the petitioners seek to quash the prosecution for offences under Sections 23 and 24 of the Contract Labour (Regulation and Abolition) Act, 1970 (for short 'the Act'). The complaint against the petitioners has been filed by the second respondent, Labour Enforcement Officer (Central), Dhanbad who has been appointed under Section 28 of the Act as Inspector by the Central Government. The complaint was filed as far back on October 14, 1981. The petitioners came to this Court on November 14, 1990 on being summoned to appear. One of the contentions raised for quashing of the complaint against them was that the judgment of this Court in M.R.Panja and Others v. State of Bihar (Criminal Misc. No. 880 of 1985-R) decided on April 12, 1989, which was in the case of the present petitioners themselves, a learned single Judge had quashed the prosecution on the ground that appropriate Government in the case of ...
Tag this Judgment!Md. Sohail Shamsi Vs. Union of India (Uoi) and ors.
Court: Patna
Decided on: Feb-07-1997
Nagendra Rai and S.K. Chattopadhyaya, JJ.1. With the consent of the parties, this application is being disposed of at the stage of admission itself.2. The petitioner has, field the present writ application challenging certain provisions of the Employees' Pension Scheme, 1995.3. In order to appreciate the rival contentions raised by the parties it is necessary to state briefly the facts of the case. The petitioner was an employee of Heavy Engineering Corporation and superannuated on 1.2.1992. At the time of his retirement the Family Pension Scheme, 1971 framed under the provisions of Section 6A of the Employees Provident Fund (Miscellaneous Provisions Act, 1952 (hereinafter referred to as the Act) was applicable. On 16th November, 1995 the Government framed the Employees Pension Scheme, 1995. The 1971 Scheme ceased to operate with effect from 16th November, 1995 in view of Paragraph 44 of the 1995, Scheme. According the sub-para 2 (a) of Paragraph 1 this scheme came into force on the 1...
Tag this Judgment!Swarmal Goenka and anr. Vs. Registrar of Companies and ors.
Court: Patna
Decided on: Feb-07-1997
S.N. Jha, J. 1. This company petition under Section 633(2) read with Sections 159, 166, 210 and 220 of the Companies Act has been filed (i) seeking a restraint order against the Registrar of Companies, Bihar, from initiating any criminal proceeding against the petitioners as the directors of Bihar Cotton Mills Limited, Phulwarisharif, Patna, for having committed default in preparation and filing of the balance-sheet, profit and loss accounts of the company for the year ending on December 31, 1982, and onwards, (ii) extending the time for holding the annual general meeting and filing the balance-sheet and profit and loss accounts for the years in question and (iii) directing the Bihar State Financial Corporation, which has in the meantime taken over the assets of the company, to allow the petitioners access to the registers and books of account lying in their office so that the petitioners may get the balance-sheet and profit and loss accounts prepared and filed. 2. This petition, for...
Tag this Judgment!Nazeeb Alias Nazeeba Zaman Vs. Khalique Zaman and Otrs.
Court: Patna
Decided on: Feb-07-1997
S.K. Chattopadhyaya, J.1. The plaintiff/appellant has impugned the order dated 21. 5.91 passed in title suit No. 47/91. The plaintiff filed the aforesaid suit for the following reliefs:(A) the partnership firm being Gulmarg Refrigeration be dissolved.(B) the defendants may be directed to render accounts and after rendering the accounts of the firm be settled.(C) the defendants maybe restrained to interfere with the running of the business.2. The plaintiff and the defendants constitute a partnership firm to carry on the business in the name and style of Gulmarg Refrigeration. The terms and conditions of the partnership were incorporated in a deed dated 9th September, 1979. It is asserted that though all the partners were to have equal shares in interest of business and each of them shall contribute towards the capital in equal amounts, the defendants were not honest and sincere in their efforts. The defendants always tried to misappropriate the fund and oust the plaintiff from the busi...
Tag this Judgment!Kaushal Kumari (Smt.) Vs. State of Bihar and ors.
Court: Patna
Decided on: Feb-07-1997
R.M. Prasad, J.1. The petitioner is the widow of the deceasedGovernment servant late Permatama NandAshthana who died in harness on September22, 1984 while posted as Executive Engineer.Despite lapse of long time when dues of the hus- band of the petitioner as also the family pensionwere not paid to the petitioner she was compelled to move this Court by filing the presentwrit petition with the grievances mentionedtherein. 2. This matter was earlier heard on several occasions and with the best efforts of the learned Additional Advocate General III as well the learned Addl. Standing Counsel for the Accountant General, the sanctioned order/authority slips for most of the payments of the petitioner have been issued. However, as regards G.P.F. amount of the deceased husband of the petitioner, the same was paid for the period since after the transfer of the accounts from the Accountant General Office but with respect to deduction made on that account while the accounts were being maintained i...
Tag this Judgment!Chotanagpur Cattle Feed Supply Co. Etc. Etc. Vs. Central Bureau of Inv ...
Court: Patna
Decided on: Feb-07-1997
A.K. Ganguly, J.1. All these cases were heard simultaneously one after another as they involve common questions and they are therefore decided by one judgment.2. All these four applications under Section 482 of the Code of Criminal Procedure were filed by the petitioners who are accused in connection with a criminal cases which are known as Animal Husbandary Fodder Scam's case in this State.3. The main allegation in this case is that the officers of the Animal Husbandary Department, Government of Bihar, both at the district and Secretariat level acting in collusion with Treasury Officers and officers of the Finance Department at the Secretariat level withdraw huge sums of money in excess of the financial sanction against fake allotment orders and vouchers. In connection with the investigation of this case various suppliers, traders and businessman are also involved and have been shown as accused.4. On the basis of the order passed by a Division Bench of this Court dated 11th March, 19...
Tag this Judgment!Lal Muni Devi Alias Kumar and ors. Vs. State of Bihar and ors.
Court: Patna
Decided on: Feb-06-1997
Radha Mohan Prasad, J.1. In this writ application prayer is for quashing of the order dated 30.4.85 passed by the Deputy Director, Consolidation, Bihar, Patna, purporting to be in exercise of the revisional power under Section 35 of the Consolidation of Holdings and Prevention of Fragmentation Act (hereinafter referred to as 'the Act') in Consolidation Revision No. 1652/81 a true copy whereof has been annexed as Annexure-1 as also the order dated 29.6.81 passed by the Dy. Director of Consolidation, Rohtas in Consolidation appeal case No. 267 of 1978-79, a true copy whereof has been annexed as Annexure-2, which has been affirmed in the aforesaid revision and further prayer is for confirming the order dated 16.11.78 passed by the Consolidation Officer, Kargahar in Consolidation Case No. 117/78-79, a true copy whereof has been annexed as Annexure-3.2. In short, the relevant facts are that the dispute relates to land appertaining to survey khata Nos. 49, 122 and 123 equivalent to R.S. Kha...
Tag this Judgment!Indian Drugs and Pharmaceuticals Ltd. and ors. Vs. State of Bihar and ...
Court: Patna
Decided on: Feb-05-1997
M.Y. Eqbal, J.1. In this application filed under Section 482 of the Code of Criminal Procedure, the petitioners have prayed for quashing of the order dated 29th February, 1996 passed by Judicial Magistrate, 1st Class, Patna whereby and whereunder cognizance of the offence has been taken against all the petitioners under Sections 406, 420 and 120B, I.P.C. in Complaint Case No. 939 (C) of 1995.2. The brief facts of the case are that on 31st October 1995, the complainant O.P. No. 2 filed a complaint petition in the Court of learned Chief Judicial Magistrate, Patna alleging inter alia that the complainant who is the Managing Director of M/s. Sona Pharma Labs. Pvt. Ltd.had approached the Company M/s. Indian Drugs and Pharmaceuticals Ltd. (hereinafter to be referred to as the 'IDPL') appointing him as clearing and Forwarding agent for its production. According to the complainant, he was assured to be appointed as such according to the terms and conditions, as laid down in the agreement. It ...
Tag this Judgment!Dr. K.M. Prasad Vs. State of Bihar and ors.
Court: Patna
Decided on: Feb-05-1997
M.Y. Eqbal, J.1. In this application filed under Section 482 of the Code of Criminal Procedure, the petitioner has prayed for quashing of the order dated 26-11-1996 passed by Special Judge, C.B.I. Patna where by and whereunder the petitioner has been remanded into judicial custody under the provision of Section 167 of the Code in Special Case No. 22 of 1996 and for release of the petitioner from custody in the aforesaid case. The petitioner also seeks a declaration that the modus operand adopted by the Central Bureau of Investigation of arresting and seeking remand of the petitioner in only one case out of several special cases, in which he figures as an accused at a time, relating to Animal Husbandry Scam and only upon near completion of the statutory period of 90 days of custody in that case arresting afresh the petitioner and seeking his remand under Section 167 of the Code in the second case and again repeating the process near completion of 90 days of confinement is an abuse and ...
Tag this Judgment!Arun Kumar @ Arun Kumar Singh Vs. State of Bihar and ors.
Court: Patna
Decided on: Feb-04-1997
Aftab Alam , J.1. Heard learned Counsel for the petitioner and Mr. B.P. Verma, SC (Ceiling ) with their consent this application is being disposed of at the stage of admission.2. The petitioner has approached this Court with the all too familiar grievance that lands lawfully belonging to him were included in the land ceiling proceeding held against one Ramchandra Prasad, his vendor and were declared as surplus land in his hands. When the petitioner came to learn of this fact he filed an application under Section 45B of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act before the Collector, Samastipur.3. The Collector by order dated 15.11.1996 passed in Misc. Ceiling Case No. 16 of 1992-93/4 of 1994-95 rejected the petition and declined to reopen the proceeding. It is this order which comes under challenge in this writ petition.4. The lands claimed by the petitioner, measuring to an area of 1 Bigha 19 Kathas 7 Dhurs are fully described in paragraph 3...
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