Patna Court June 1998 Judgments
Tata Yodogawa Limited and ors. Vs. Bihar State Electricity Board and o ...
Court: Patna
Decided on: Jun-30-1998
B.P. Singh, J.1. In this batch of writ petitions filed by consumers of electrical energy supplied by the respondent-Bihar State Electricity Board, the Circular No. 60 dated 5-2-1997 issued by the respondent-Board has been challenged. It has been prayed that the respondent-Board be directed not to give effect to the impugned Circular and to collect the fuel surcharge for the period 1994-95 and 1995-96 and onwards after considering the recommendation of the Committee appointed by this Court. By the impugned Circular (Annexure-5) the respondent-Board has provisionally calculated fuel surcharge for the periods 1-4-1994 to 31-3-1995, 1-4-1995 to 31-3-1996 and for the three quarters of the year 1996-97 payable by the consumers at the rate of 43.89 p/kwh, 72.12 p/kwh and 102.00 p/kwh respectively. The field officers have been directed accordingly to raise the bill/additional bills on the consumers liable to pay fuel surcharge. The Circular states that the rates fixed are provisional and subj...
Tag this Judgment!Bhola Kumar and ors. Vs. State of Bihar
Court: Patna
Decided on: Jun-29-1998
B.P. Singh, J.1.These three appeals have been preferred against the judgment and order of 1st Additional Sessions Judge,Hazaribagh dated 8/10th January, 1996 in Sessions Trial No. 91 of 1994. There are altogether six appellants, who have been convicted by the learned 1st Additional Sessions Judge. Bhola Kumar, Uday Sankar Verma, Yugal Mistri and Nawal Kishore Singh are the four appellants in Cr. Appeal No. 33 of 1996(R). Of them Uday Sankar Verma has been sentenced to undergo rigorous imprisonment for life under Section 302 of the Indian Penal Code, as also to undergo rigorous imprisonment for one year under Section 27 of the Arms Act. The remaining three appellants have been sentenced to rigorous imprisonment for life under Section 302/34 of the Indian Penal Code.The sole appellant in Cr. Appeal No. 38 of 1996 (R), Omprakash has been convicted under Section 302 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life. He has also been convicted under Section 2...
Tag this Judgment!Vikash Pratisthan and ors. Vs. Commissioner of Income-tax and ors.
Court: Patna
Decided on: Jun-29-1998
R.N. Sahay, J. 1. Heard the parties. 2. Common questions of law and fact are involved in these four applications and are being disposed of by this common judgment. 3. In all these four applications, the first petitioner is the firm and other petitioners are its partners. The petitioner-firm derives income from the business of land, construction of buildings and sales/lease of buildings so constructed. The firm is an assessee under the Income-tax Act. Assessment for the assessment year 1989-90 was made for the first time, in the course of which it is alleged that the firm received loans/deposits from its partners as well as from other parties in cash in contravention of the provisions of Section 269SS of the Act. 4. Section 269SS of the Income-tax Act provides that no person shall after June 30, 1984, take or accept from any other person any loan or deposit otherwise than by an account-payee cheque or account-payee bank draft if the amount of such loan or deposit or the aggregate amoun...
Tag this Judgment!Bajrangbali Coal Company Vs. Coal Controller and ors.
Court: Patna
Decided on: Jun-29-1998
Prasun Kumar Deb, J.1. The petitioner is a partnership firm and owns a Hard Coke Plant. It takes basic raw material for manufacture of hard coke in its plant from the Respondent No. 3, M/s. Bharat Coking Coal Limited which is a subsidiary of the Coal India Limited (Respondent No. 2). The marketing and sales policy of the subsidiaries of Respondent No. 2 including that of Respondent No. 3 are controlled by Respondent No. 2 at its Calcutta Office and is guided by its policy decision taken time to time. The Colliery Control Order, 1945, conferred power to Respondent No. 1, Coal Controller, regarding controlling of gradation and fixing of sale price of coal in different collieries under Respondent No. 2. The relevant provisions of the Colliery Control Order, 1945, enumerates that the Central Government may prescribe the classes, grades, process into which coal may be categorised and the specification for each such class, grade or size of coal. It also provides that the Owner Agent or Man...
Tag this Judgment!Kula Nand Jha ors. Vs. the State of Bihar ors.
Court: Patna
Decided on: Jun-25-1998
1. This writ petition arises from a land ceiling proceeding under the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961 (hereinafter referred to as 'the Act'). The petitioners-landholders seek to challenge the order dated 24.1.1989 (Annexure-1) passed by the Additional Member, Board of Revenue. By the impugned order, the Additional Member declined to entertain the revision filed by the petitioners under Section 32 of the Act on the ground that it was filed beyond the period of limitation.2. While disposing of the petitioners objection filed against the draft statement, the Additional Collector, by order dated 3.8.1983. allowed five units to the landholders besides two further units for minor children amounting to 2/10 of an adult unit. The landholders preferred an appeal against the order passed by the Additional Collector. The appeal preferred by the landholders was rejected by the Collector by order dated 2.9.1988 (Annexure-2). Though no cross-o...
Tag this Judgment!North and West Ganuodih Colliery Co. Vs. the Fertilizer Corporation of ...
Court: Patna
Decided on: Jun-25-1998
R.A. Sharma J.1. This is plaintiff's appeal filed under Clauses 10 of the Letters Patent challenging the judgment of the learned single Judge given in First Appeal No. 3 of 1980 (R).2. We have heard the learned Counsel for the parties.3. The plaintiff-appellant filed a suit, being Money Suit No. 220 of 1975, in the Court of Additional Subordinate Judge 2nd, Dhanbad, for recovery of Rs. 1,73,347.84 paise as price of coal supplied by it to the defendant-respondent during the period 16-4-1972 to 30-4-1972 and 16-6-1972 to 30-6-1972 (hereinafter referred to as the period in question) with interest from the date of the bills till realisation and costs of the suit. The defendant filed the written statement denying the claim. The trial Court decreed the suit in part for Rs. 84,210.13 paise after adjusting the amount already paid by the defendant with interest at the rate of 6% per annum till its realisation, Being aggrieved the defendant filed First Appeal No. 3 of 1980 (R) in this Court, wh...
Tag this Judgment!Hanif Khan ors. Vs. Bihar State Electricity Board ors.
Court: Patna
Decided on: Jun-24-1998
Aftab Alam and D.S. Dhaliwal, JJ.1. The petitioners in these 14 writ petitions, comprising this batch of cases, are electrical consumers having either a low tension or a high tension connection. They assail the action of the Board in raising bills on the basis of certain fixed percentage of the load factor of the consumer.2. It may be noted that with the professed object of checking theft of electrical energy, the Bihar State Electricity Board devised a scheme of raising bills on the basis of load factor (@ 30% of the load factor in case of low tension connections and @ 45% of the load factor in case of high tension connections). The scheme was contained in the notification, dated 16.2.1987 issued by the Board making it effective retrospectively from 12.6 19823. The aforesaid notification and the bills raised on that basis came under challenge before this Court in CWJC No. 1513 of 1988, Parmeshwar Kumar Agrawal v. Bihar State Electricity Board, Patna Ors. A bench of this Court at Ranc...
Tag this Judgment!Dost Mohammad Vs. Bihar State Electricity Board and ors.
Court: Patna
Decided on: Jun-24-1998
S.N. Mishra, J.1. After having heard the learned Counsel for the parties, this writ application is being disposed of at the admission stage itself. The only dispute in this writ application is as to whether the petitioner is entitled to the salary for the period from 30.9.94 to 2.4.96 when he was made to retire with effect from 30th September, 1994. In view of the disputed dates of birth mentioned in the service book, the respondent Electricity Board has acted upon the Medical Certificate produced by the petitioner on the basis of which his date of superannuation was determined as on 30th September, 1994. Admittedly, the petitioner was made to retire by order dated 2.4.96 as contained in Annexure-5 w.e.f. 30.9.94. The petitioner was allowed to work till 2.4.96 and, as such, the claim of the petitioner is that he is entitled to the salary for the period he has worked beyond the date of retirement. The question false for consideration in this writ application is as to whether in the fac...
Tag this Judgment!Binod Kumar Sinha Vs. State of Bihar and ors.
Court: Patna
Decided on: Jun-24-1998
P.K. Deb, J.1. Both these cases have been heard together as the matter in issue is the same and the parties are also the same.2. In the Review application, the petitioner, Binod Kumar Sinha has claimed for review of the judgment dated 19.10.1995 passed by Hon'ble Mr. Justice R.N. Sahay in C.W.J.C. No. 3836 of 1993 (R), whereby according to the petitioner, the Hon'ble Single Judge has committed error of record holding that the appointment of respondent Nos. 6 and 7 i.e. Mukesh Kumar and Atafur Rahman respectively is protected by the direction of this Hon'ble Court, which according to the petitioner, is basically incorrect and contrary to the records of the case.3. The facts of the case which are almost admitted can be reiterated as follows.The petitioner Binod Kumar Sinha was appointed on 6.12.1982 as Compiler in the Forest Research Division under the Forest Department in the pay scale of Rs. 535-765 (since revised to 975-1540). As per norms the appointment to the higher post of Comput...
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