Patna Court November 1998 Judgments
Chakradhar Singh and ors. Vs. State of Bihar
Court: Patna
Decided on: Nov-17-1998
A.K. Prasad, J.1. The appellants have been convicted under Sections 302 read with 34 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life there under on the charge of committing murder of Nagendra Singh in furtherance of common intention in S.T. No. 340 of 1986/ 166 of 1986 by Sri Lakhan Kumar Sahay, the then IIIrd. Additional Judicial Commissioner, Ranchi.2. Briefly put, the prosecution case as made out in the Ferdbeyan (Exhibit 3) is as under:On 30.5.1985, around 5.30 a.m., the informant Rajendra Singh (P.W. 5), elder brother of the deceased Nagendra Singh was going from his house towards the task in the west situated at village Khukhra, P.S. Bero, within district. Ranchi, and while Nagendra Singh, was returning from the tank after answering the call of nature, in the way in the field of Bireshwar Singh appellants, Brijesh Singh, Haldhar Singh, Ram Chandra Singh, Shiv Charan Singh who were armed with Baluas. Appellant Chakradhari Singh, who wielded Bhala,...
Tag this Judgment!Collr. of C. Ex. Vs. Tata Engineering and Locomotive Co. Ltd.
Court: Patna
Decided on: Nov-16-1998
Aftab Alam, J.1. Whether the six months' period of limitation provided under Section 11(a) of the Central Excise Act would also apply to notice issued under Rule 57-I of the Central Excise Act for recovery of (Modvat) credit wrongly availed of, though the Rule itself, at the material time, was uncircumscribed by any period of limitation ?. This is the primary question in T.C. Nos. 1, 2 and 3 of 1991 (R) and one of the main questions in T.C. Nos. 4 and 5 of 1991 (R) and CWJC No. 3867/1993 (R). These two sets of cases were, therefore, heard together and are being disposed of by this common judgment.2. Two questions of law, common to T.C. Nos. 1, 2 and 3/1991 (R) (in all of which the common assessee is M/s. Tata Engineering & Locomotive Company Limited) have been referred to this Court by the Customs, Excise & Gold Control, Appellate Tribunal, Calcutta under Section 35G(3) of the Central Excise Act on a direction given by this court, at the instance of the Collector, Central Excise, Patn...
Tag this Judgment!Metallurgical and Engineering Consultant (India) Ltd. Vs. Commissioner ...
Court: Patna
Decided on: Nov-16-1998
Aftab Alam, J. 1. In this set of seven connected cases relating to the assessment years 1975-76 to 1980-81, a common question of law has been referred to this court by the Income-tax Appellate Tribunal under Section 256(2) of the Income-tax Act, 1961, on a direction given by the Supreme Court at the instance of the assessee. The question of law on which decision is to be given by this court was framed by the Supreme Court in the following terms : 'Whether, on the facts and in the circumstances of the case, the Tribunal was right in holding that the income mentioned in article III(a) of the collaboration agreement accrued or arose in India to Wean United within the meaning of Section 5(2)(b) of the Income-tax Act, 1961 ?' Hindustan Steel Limited, a Government of India undertaking (which was in existence at that time), entered into an agreement with United Engineering and Foundry Company, U.S.A., for acquisition of technical know-how for the design and manufacturing of rolling mills and...
Tag this Judgment!State Bank of India Vs. Tax Recovery Officer and ors.
Court: Patna
Decided on: Nov-16-1998
S.N. Jha, J. 1. These two writ petitions between the same parties involving the same point have been heard together and are disposed of by this common order. 2. The facts of the case may be noticed from the writ petition in CWJC No. 1367 of 1998(R). The petitioner, State Bank of India, granted cash credit facility to the extent of Rs. 28.77 lakhs to respondent No. 2, Jai Steel Industry, on June 12, 1989, against equitable mortgage of the immovable properties including the factory premises. As the said respondent defaulted in repaying the dues, the petitioner-bank instituted Mortgage Suit No. 76 of 1996 seeking a money decree in the court of the first Subordinate Judge, Dhanbad. The said suit on transfer under the provisions of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993, is now pending before the Debts Recovery Tribunal at Patna. It appears that the income-tax liability of the proprietor of Jai Steel Industry, Shri T.N. Malhotra, was assessed by the income-...
Tag this Judgment!Surajdeo Sharma Vs. the Bihar State Electricity Board and ors.
Court: Patna
Decided on: Nov-12-1998
J.N. Dubey, J.1. Petitioner has approached this Court for issuing a writ of mandamus commanding the respondents to pay his salary and other allowances for the period he remained under suspension.2. It appears that on 3.12.1982 the petitioner, who was working as Junior Electrical Engineer, Electric Supply Section, Pachrukhi, was arrested in Pachrukhi P.S. Case No. 77 of 1982 under Section 161 I.P.C. and Section 5(2) of the Prevention of Corruption Act. On 15.12.1982, he was placed under suspension with effect from 3.12.1982. On 24.12.1982, he was released on bail. On 27.6.1983, disciplinary proceedings was initiated against him. On 11.1.1985, the Enquiry Officer submitted his report in the disciplinary proceeding but the final decision in the matter was deferred till the conclusion of the criminal case. On 9.12.1985, he filed CWJC No. 5998 of 1985 which was dismissed on 25.2.1986. On 31.12.1986, he filed representation to the respondent No. 1 requesting it to revoke the suspension orde...
Tag this Judgment!Suraj Prasad Vs. State of Bihar and ors.
Court: Patna
Decided on: Nov-12-1998
J.N. Dubey, J. 1. This writ petition is directed against the order dated 1-3-95 of the respondent No. 3, Senior Accounts Officer, Bihar, Patna stopping the payment of pension of the petitioner as Member of Legislative Council, Bihar. 2. It appears that the petitioner was Member of Legislative Assembly, Bihar from 1962 to 1967. He was Member of Parliament (Rajya Sabha) from 1968 to 1974 and 1982 to 1988. He was also Member of Legislative Council, Bihar from 1974 to 1980. On 7-6-88-he was granted pension of Member of Parliament at the rate of Rs. 850/- per month under Section 8A of the Salary, Allowances and Pension of Member of Parliament Act 1954. On 22-12-90. He was granted pension of Member of Legislative Council, Bihar under Section 10A of the Bihar Legislature (Members' Salaries, Allowances and Pension) Act, 1960, at the rate of Rs. 1600/- per month with effect from 1-1-91. Since the amount of pension of Member of Legislative Councilwas more than the amount of pension of Member of...
Tag this Judgment!Toro Murmu Vs. State of Bihar
Court: Patna
Decided on: Nov-11-1998
Bharat Prasad Sharma, J.1. This appeal has been filed against the judgment and order of 5th Addl. Sessions Judge, Dumkain Sessions Trial No. 378 of 1985/5 of 1985. By the impugned judgment dated 19th September, 1987 the learned Addl. Sessions Judge convicted the appellant under Section 376 of the Indian Penal Code and also under Section 323 of the Indian Penal Code and by a subsequent order of the same day the learned trial court sentenced him to undergo R.I. for ten years under Section 376 of the Indian Penal Code and to undergo R.I. for three months under Section 323 of the Indian Penal Code. However, both the sentences were ordered to run concurrently.2. The facts of the case, in brief, are as follows.On 27th of June, 1985 at 8.30 P.M. one Suko Devi, wife of Fulchan Maraiya of village Rajhan within the P.S. Borio in the district of Sahebganj turned up at the Police Station, Borio and gave her statement. She was also accompanied by some of her family members including her brother-in...
Tag this Judgment!Shri Mahanth Chandramani Das Vs. Shri Ram Rajeshwar Das and anr.
Court: Patna
Decided on: Nov-11-1998
B.P. Sharma, J.1. The Maln appeal i.e. F.A. No. 500 of 1977 is directed against the judgment dated 28th of May, 1977 passed in T.S. No. 22 of 1966 by the 2nd Addl. District Judge, Patna which was registered on the basis of an application filed for grant of Letters of Administration and originally registered as Letters of Administration Case No. 17 of 1963.2. The appellant Mahanth Chandra Mani Das, claiming himself to be the Chela of Mahanth Sri Ram Krishna Das of Baba Bhikham Das Thakurbari in Mohalla Bakarganj within the P.S. Kadamkuan in Patna Town, filed this application for grant of succession certificate on a Will purported to have been executed by his Guru Late Mahanth Sri Ram Krishna Das on 2nd of August, 1960 in his favour. It appears that prior to the filing of this application the respondent Ram Rajeshwar Das had filed a petition under Section 192 of the Indian Succession Act which was registered as Succession Case No. 188 of 1961. This application was filed by the responden...
Tag this Judgment!Binod Kumar Singh Vs. Md. Illiyas Hussain
Court: Patna
Decided on: Nov-10-1998
Ashish N. Trivedi, J.1. In this Election Petition the Petitioner had assailed the election of the Returned Candidate, Md. Illiyas Hussain, the respondent from 235, Dehri Assembly Constituency in the Election held in 1995 on the ground of improper counting of ballot papers and improper rejection of the Nomination Papers of Subhash Rai and Ramta Singh. The Petitioner, however, abandoned the challenge to the election of the Respondent on the ground of improper counting of ballot papers.2. The case of the petitioner is that besides him and the Respondent, 63 other candidates filed their Nomination Papers to contest the said Election and after scrutiny, the Returning Officer rejected the nomination papers of 14 candidates and accepted the Nomination Papers of rest of the candidates. Then 14 candidates withdrew their candidatures within the prescribed period and only 37 candidates were left to contest the Election. It is further pleaded that Subhash Rai and Ramta Singh had correctly filled ...
Tag this Judgment!Dr. Jagannath Mishra, Vs. the State of Bihar Through C.B.i.
Court: Patna
Decided on: Nov-10-1998
M.Y. Eqbal, J.1. These petitioners namely, Dr. Jagannath Mishra, Lalu Prasad @ Lalu Prasad Yadav, Ravindra Kumar Rana and Vidya Sagar Nishad have moved this Court for grant of bail in connection with Case No. R.C. 64A/96 (Special Case No. 65 of 1996) registered under Sections 120B, 418, 420, 467, 468, 471, 477, 201 and 511 of the Indian Penal Code and Section 13(2) read with Sections 13(1) (d) & (c) of the Prevention of Corruption Act, 1988.2. I have heard Mr. R.K. Jain, learned Senior Counsel appearing on behalf of the petitioner in Cr. Misc. No. 23233 of 1998, Mr. Rajendra Singh, learned Senior Counsel appearing on behalf of the petitioner in Cr. Misc No. 23363 of 1998, learned Senior Counsel, Mr. Shakeel Ahmad Khan, appearing on behalf of the petitioner in Cr. Misc. No. 23252 of 1998, Mr. Janardan Rai, learned Counsel for the petitioner in Cr. Misc. No. 23595 of 1998 and Mr. Rakesh Kumar, learned P.P. for the C.B.I.3. Since all these petitioners have been made accused in connection...
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