Patna Court July 1997 Judgments

Baijnath Ganjhu @ Bajo Ganjhu Vs. State of Bihar

Court: Patna

Loknath Prasad, J.1. This appeal is directed against the judgment of conviction recorded by Assistant Sessions Judge, Latehar vide his judgment dated 27.11.90 in ST. No. 268/89 through which the sole appellant was found guilty under Section 376 of the I.P.C and he was sentenced to undergo R.I. for 8 years.2. The prosecution case in short is that on 6-4-89 the victim lady Niraso Devi along with her cousin mother-in-law, Geeta Devi, Sister-in-law Bifia Devi and Munia Kumari had gone to collect Mahua flower and at about 1.30 P.M. or so they reached Matwa Tongri and they were collecting Mahua flower under the Mahua tree belonging to one Sibu Mahto. At that very time this appellant came running and began to abuse the victim lady and others then out of fear mother-in-law and the sister-in-law of the informant escaped towards Eastern side whereas the informant escaped towards western side. It has been allowed that while the informant was escaping her sari got entangled with Putush bushes and...

N.K. Mukherjee and ors. Vs. State of Bihar

Court: Patna

Loknath Prasad, J.1. This revision is directed against the judgment passed in Cr. Appeal No. 270/79 by Shri Jiwan Tigga, 2nd Addl. Sessions Judge, Singhbhum at Chaibasa through which the order passed by Shri M. Kindo, S.D.J.M., Seraikella dated 22.11.1979 in G.R. No. 979.74 was duly confirmed and maintained.2. The fact in short for the purpose of this revision is that it has been alleged by the informant, Shyam Narayan P. Verma that on 29.12.1974 at about 4.45 P.M. he had gone to market and had been 50-60 persons being led by Ram Balak Singh, one of the petitioner and Ram Balak Singh assaulted the informant by lathi and Dhananjoy Majhi also assaulted by lathi and other accused persons pelted stones so the informant sustained injury and had gone be hospital where he found Joy Kumar Mishra and Madan Lai also in injured condition. So on that very day F.I.R,. was lodged and the police submitted chargesheet under Section 147/323/337 of the I.P.C. and under Rule 39 (2) of D.I.R., The G.R. C...

Ramesh Kumar Kejariwal Vs. State of Bihar

Court: Patna

P.K. Deb, J.1. This petition under Section 482 of the Code of Criminal Procedure (the Code) has been filed by the abovementioned petitioner for quashing the entire criminal proceedings including the order explaining substance of acquisition dated 29.4.1994 passed by the Special Judge, E.C. Act, Chaibasa, in connection with Chakradharpur P.S. Case No. 86 of 1991 (G.R. Case No. 20 of 1991) under Section 7 of the Essential Commodities Act (the Act).2. The brief facts are as follows:The Supply Inspector visited the business premises of the petitioner on 17.7.1991 and in course of inspection, he found 58 tins of edible oils weighing 8 quintals 70 Kgs. were in stock which according to the Supply Inspector was against the prescribed limit of 8 quintals and as such offence report has been submitted for violation of the Bihar Trade Articles (Licenses Unification Order, 1984 (for short 'the Unification Order') for prosecution under Section 7 of the Act. During the course of inspection, the Insp...

Kabirmau Vs. State of Bihar

Court: Patna

Loknath Prasad, J.1. This appeal is directed against the judgment of conviction dated 2.5.1990 passed by Sri Tarkeshwar Prasad, 2nd Addl. Sessions Judge, Jamshedpur in S.Tr. No. 87/88 through which the sole appellant was found guilty under Section 376, IPC and he was sentenced to undergo rigorous imprisonment for 10 years and he was further found guilty under Section 366A, IPC and was sentenced to undergo rigorous imprisonment for seven years and it was further ordered that both the sentences will run concurrently.2. The prosecution case, in short, is that informant Hansraj Baguri who is the brother of the victim girl submitted a written report to Sakchi Police alleging therein that on 9.11.86 has sister Gita Kumari aged about 16 years in the evening at about 7 p.m. had gone out to bring water from public hydrant but she did not return. So a sanha entry was mode. It was also been alleged that on enquiry the informant could learn that the appellant Kabir Mali who is the neighbour of th...

Akhtar HussaIn and Naresh Prasad Thakur Vs. State of Bihar

Court: Patna

Loknath Prasad, J.1. This appeal is directed against the judgment of conviction passed by Sri Shyam Prasad Singh, Special Judge, E.C.Act, Hazaribagh, in Mandu P.S. Case No. 55 (2) 84 through which both the appellants were found guilty under Section 7 of the E.C. Act for violation of Bihar Kerosine Dealers Licensing Order, 1965 and they were sentenced to undergo rigorous imprisonment for two years each and further they were sentenced to pay a fine of Rs. 1000/- each.2. The prosecution case, in short is that on 15.2.1984 the informant Dineswar Mishra, Supply Inspector of Hazaribagh alongwith Executive Magistrate,Sri A.K. Chatterjee and A.D.S.O. S.N, Mishra were going to Charhi and at about 11 a.m; or so they had seen trekker bearing No. B.H.M. 1597 going towards Charhi and the trekker was apprehended at Charhi Chat, that is on the road, in which 20 tins of Kerosine oil were loaded and the drive of the trekker confessed that other appellant Naresh Thakur and one unknown person loaded the...

Coal India Limited Vs. Rajib Ranjan Kumar and ors.

Court: Patna

M.Y. Eqbal, J.1. This Appeal has come before us for hearing after (sic)emand by the Supreme Court in Civil Appeal No. 4705 of 1991.2. In the original writ application being CWJC No. 415 of 1989(R), the espondent writ petitioner had prayed for issuance of an appropriate writ/order/direction for quashing the order dated 22.12.1988 as contained in Annexure-4 to the writ application, whereby and whereunder the petitioner was informed that the selection committee had not recommended him for appointment. The said writ application was allowed by learned single Judge of his Court and the learned Single Judge gave certain direction while disposing of the writ application. Aggrieved by the said judgment, the appellant filed this (sic)etters patent appeal which was heard and finally disposed of by a Division 3ench of this Court on 9th May, 1991. By the said judgment, the judgment and order of the learned Single Judge was modified so far as the relief was concerned, inasmuch as the appellant was ...

Employers in Relation to the Management of Bhurangiya Project of Bhara ...

Court: Patna

M.Y. Eqbal, J.1. In this writ application, the petitioner, who is Employer in relation to the Management of Bhurangiya Project of Bharat Coking Coal Limited, Dhanbad, has challenged the award dated June 29, 1990 passed by the Central Government Industrial Tribunal No. 1 in Reference Case No. 77 of 1983, whereby and whereunder the Tribunal held that the action of the Management in not regularising the concerned workmen and not paying them the scale of wages as per the National Coal Wage Agreement (NCWA)-II is not justified. By the said Award, the Management has been directed to regularise the concerned workmen in service and to pay them wages as per NCWA-II and 50% back wages with effect from the date of reference i.e., November 14/17, 1983.2. It appears that by order dated November 14/17, 1983, the Central Government in the Ministry of Labour, in exercise of powers conferred by Clause (d) of Sub-section (1) of Section 10 of the Industrial Disputes Act, 1947, referred the following dis...

Smt. Sandhya Rani Dutta Vs. High Court of Judicature at Patna and ors.

Court: Patna

M.Y. Eqbal, J.1. In this writ petition, the petitioner has prayed for issuance of an appropriate writ in the nature of mandamus directing respondent No. 1, the High Court of Judicature at Patna, through its Registrar, to exercise its power on its administrative side and transfer all pending matters relating to references under Section 256 of the Income-tax Act, 1961 (hereinafter to be referred to as 'the Act' for short), and/or under Section 27 of the Wealth-tax Act, 1957, arising out of the orders passed by the Income-tax Appellate Tribunal in respect of assessment and other orders of the Income-tax-cum-Wealth-tax Officers or other officers of the Income-tax Department having their respective offices within the jurisdiction of the districts of Hazaribagh, Giridih, Dhanbad, Ranchi, Palamau and Singhbhum and pending before the High Court at Patna, to the permanent Bench of the Patna High Court at Ranchi. Besides the above relief, the petitioner further seeks a direction to the Commissi...

Chetna Enterprises Vs. Income-tax Officer

Court: Income Tax Appellate Tribunal ITAT Patna

Reported in: (1997)63ITD257(Pat.)

1. The decision of the Appellate Commissioner (A/C) in the impugned order is challenged in this appeal by the assessee. Various issues culled out from the grounds taken and which have arisen for our consideration are : (a) Whether the Assessing Officer was justified in issuing notice under section 148 of the Income-tax Act, 1961 for failure of the assessee in filing return disclosing investment made during the previous year in the construction of the Hotel Building (b) Whether the Assessing Officer was justified in assuming jurisdiction under section 144 of the Act and completing the assessment ex parte (c) Whether the assessment is barred by limitation as provided in section 153 of the Act (d) Whether, on the basis of the report of the Departmental Valuation Officer (DVO), the Assessing Officer can make addition under section 69 as income from undisclosed sources towards unexplained investment in the construction of the hotel building on the basis of the DVO's report (e) Whether the ...

Situ Sahu and ors. Vs. State of Bihar and ors.

Court: Patna

Choudhary S.N. Mishra and Loknath Prasad, JJ.1. In this writ application under Articles 226 and 227 of the Constitution of India, the petitioners have challenged the orders dated 9.5.1980, 9.4.1986 and 2.12.1986 passed by the respondent-authorities, copies of which have been made Annexures 1,2, 3 respectively, whereby and whereunder the lands, in question, were restored in favour of respondent No. 5 in purported exercise of power under Section 71-A of the Chhotanagpur Tenancy Act (hereinreferred to as the said Act).2. The relevant facts in dispute are that the disputed lands appertaining to R.S. Khata No. 13 of will Chochkapi were recorded in the names of Kochya Oraon, Bechua Oraon and Jagna Oranon, who are ancestors of respondent No. 5 Jagna Oraon died immediately after the revisional survey. Kochya Oraon and Bachua Oraon surrendered the plot Nos. 588, 1883, 1884 and 1885 appertaining toKhata No. 13 measuring an area of 2.65 acres to the Maharaja of Chotangpur by a registered deed of...