Patna Court January 1999 Judgments
Spic Phi Seeds Limited and ors. Vs. the State of Bihar and anr.
Court: Patna
Decided on: Jan-29-1999
Radha Mohan Prasad, J.1. In all the three Writ Petitions the challenge is with respect to levy of market fee on Hybrid seeds of maize, paddy and wheat etc. under the provisions of the Bihar Agricultural Produce Markets Act, 1960 (hereinafter referred to as the Act'). Since in all the three Writ Petitions the question involved is common, with consent of parties, they have been heard together and are being disposed of by this common judgment.2. The petitioners are the Limited Companies producing Hybrid seeds which are developed, produced and distributed by them to Indian farmers. It is stated that these seeds are the reward of the well acclaimed pioneer's hi-tech research workers done within the country using termplasm supplied by PHI. It is further stated that the seeds are quoted by insecticides, chemicals and other poisonous substance and thereby the grain and other articles loose their use and utility as food-grains or vegetables and become unfit for human or animal consumption or f...
Tag this Judgment!Nand Lal Prasad Jaiswal @ Nand Lal Prasad Vs. State of Bihar and ors.
Court: Patna
Decided on: Jan-29-1999
N. Pandey, J.1. This application under Article 226 of the Constitution has been filed for a writ of mandamus, commanding the Superintendent of Police, Siwan (respondent No. 3) and the officer-in-charge. Town Police Station (respondent No. 4) to abide by the direction of the District Magistrate (respondent No. 2) to deliver the Webly Scot make Revolver No. 31489 to the petitioner, which was seized by the police. A prayer has also been made for a direction to the State Government or other respondent-authorities to pay appropriate compensation for harassment and the loss which the petitioner had to suffer by their wrongful act.2. Petitioner had a licence bearing No. 169/73 for the revolver in question. During the 1989 Parliamentary Election he was awarded contract work of barricating of counting Pandals by the Building Construction Department. He was also granted Entry Card by the competant authority for making arrangement and supervision of the contract work. But unfortunately on 28.11....
Tag this Judgment!Jagarnath Singh Vs. Krishna Mangal Singh and anr.
Court: Patna
Decided on: Jan-29-1999
Narbdeshwar Pandey, J.1. By means of this petition under Section 482 of the Code of Criminal Procedure (in short 'the Code') the petitioner has prayed for quashing the order of the Sub-Divisional Judicial Magistrate. Sheohar, Sitamarhi, dated 19th August. 1993 incase No. C. 1/47 of 1991 Tr. No. 383/93, whereby and whereunder, cognizance for the offences under Sections 327 and 328 of the Indian Penal Code has been taken with a direction for issuance of non-bailable warrant of arrest.2. It would appear from the materials on record that on the basis of Fard-beyan of Opp. party No. 1, the police registered Sheohar P.S. Case No. 16 dated 12th April, 1988 under Sections 307 and 428 of the Indian Penal Code, which was later converted under Sections 307 and 328 of the Indian Penal Code. The police, however, upon investigation being satisfied that no case is made out, submitted a final report. Although the Chief Judicial Magistrate by order dated 25th January, 1991 accepted the final report, b...
Tag this Judgment!Chandra Nath Thakur and ors. Vs. the Bihar Sanskrit Shiksha Board and ...
Court: Patna
Decided on: Jan-29-1999
Narbdeshwar Pandey, J.1. In these three appeals, the judgment of a learned Single Judge In CWJC Nos. 5340 of 1987 and 5829 of 1987 is under challenge. L.P.A. Nos. 123 and 124 of 1988 have been preferred by the Writ Petitioner Chandra Nath Thakur whereas L.P.A. No. 127 of 1988 is on behalf of the Bihar Sanskrit Shiksha Board (in short 'the Board').In CWJC No. 4540 of 1984, which was directed to be heard along with these appeals, the Managing Committee of Shri Bhagirath Madhyamik Sanskrit Vidyalaya has sought for quashing of the order of the Chairman of the Board, contained in letter dated 8.9.1984, where by, while dissolving the Managing Committee, an ad hoc Managing Committee was constituted.2. But having regard to the controversy involved, it is not necessary to state the facts in detail. Suffice it to say that appellant Chandra Nath Thakur was appointed as a teacher by the Managing Committee of the School. This is not in dispute that on or about 22.8.1981, the said school was recogn...
Tag this Judgment!Smt. Tara Devi Vs. Smt. Kamala Gupta and ors.
Court: Patna
Decided on: Jan-28-1999
B.P. Singh, J. 1. This revision has been preferred by the petitioner-Jagdish Prasad who is the plaintiff in Probate Case No. 119 of 1992 in which he has prayed for the probate of a registered Will executed by Smt. Naulakho Devi widow of Shyam Lal Sari on 22-5-1974. The petitioner had filed an application under Section 151, C.P.C. before the Court of Sub-Judge IVth, Patna in Title Suit No. 480 of 1984 praying that the said suit be stayed till the disposal of Probate Case No. 119 of 1992. The petitioner is defendant No. 1 in title suit No. 480 of 1984. The Probate case has been filed by him as the executor of the Will and the father of one of the legatees. The learned subordinate Judge by his impugned order dated 16-12-1992 refused to stay Title Suit No. 480 of 1984 which is a suit for partition, but with a direction that the petitioner may renew his prayer after the preliminary decree, at the time of carying out separate takhtas, if by that time the probate case is not decided.2. A fe...
Tag this Judgment!Jitendra Singh Vs. State of Bihar
Court: Patna
Decided on: Jan-28-1999
A.K. Prasad, J.1. This appeal at the behest of the sole appellant Jitendra Singh is directed against the judgment and order dated 4-9-1989 in S.T. No. 118/126 of 1981-89 passed by Shri Syed Md. Mahfooz Alam, the then 2nd Additional Sessions Judge, Jamshedpur, whereby and whereupon he has been convicted under Section 302 of the Indian Penal Code on the charge of committing the murder of Hare Ram Dixit alias Bhagat and sentenced to life imprisonment thereunder.2. Briefly, stated, the prosecution case, as made out in the fardbeyan (Exhibit 3/1), is as under:On 30-3-1979 at about 7.30 p.m. Arun Prasad Dubey (PW 5), the informant, was returning home after collecting the price of coal from the hotel of Chito and on the way he saw his maternal uncle Hare Ram Dixit alias Bhagat, the deceased, coming on a bicycle from the direction of Kumhar Pada, while he spotted at that moment 6-7 persons variously armed coming from the market side. Among them, he identified the appellant Jitendra Singh, who...
Tag this Judgment!Commissioner of Income-tax Vs. Hindustan Malleable and Forgings Ltd.
Court: Patna
Decided on: Jan-28-1999
S.K. Singh, J. 1. Both the references under Section 256(1) of the Income-tax Act, 1961, have been made by the Income tax Appellate Tribunal, Patna Bench, Patna, at the instance of the Commissioner of Income-tax, Bihar II, Ranchi. 2. The question of law raised is as follows : 'Whether, on an appeal to the Commissioner of Income-tax (Appeals) against the order of the Income-tax Officer charging interest under Section 139(8) of the Income-tax Act, the Commissioner of Income-tax (Appeals) is competent to cancel the same after considering the provisions of Rule 117A ?' 3. As the point of law involved to be answered in both the references are the same and the assessee in both the references being the same, only the assessment order being for different years, both the references were heard together and with the consent of the parties are being answered by a common judgment. 4. Learned counsel appearing on behalf of the Revenue Department has contended that assailing of interest could only be...
Tag this Judgment!New India Assurance Co. Ltd. Vs. Janki Devi and ors.
Court: Patna
Decided on: Jan-28-1999
P.K. Deb, J.1. This appeal has been preferred against the order dated 29.11.1996 passed by the District Judge-cum-Motor Accidents Claims Tribunal, Madhubani, in Claim Case No. 42 of 1996 whereby the claim made under Section 140 of the Motor Vehicles Act for no fault liability has been allowed.2. The son of the original claimant Janki Devi, namely, Bilatu Nonia met with an accident while travelling from Rajnagar to Madhubani in a tractor bearing registration No. BR 32-0870. The tractor turned turtle as a result of which the deceased sustained several injuries and ultimately succumbed to his injuries. The police case was registered being Rajnagar P.S. Case No. 19 of 1996. The admitted position remains that the tractor in question was insured with the appellant New India Assurance Co. Ltd. and the claim was made for no fault liability. It was objected by the insurance company as the tractor was used against the terms and conditions of the policy the insurance company cannot be bound to ...
Tag this Judgment!Smt. Pratibha Singh and ors. Vs. Smt. Shanti Devi Prasad and ors.
Court: Patna
Decided on: Jan-27-1999
Gurusharan Sharma, J.1. Heard the parties and with their consent, these two civil Revision applications are disposed of at the admission stage.2. Title Suit No. 125 of 1981, filed by the plaintiffs-opposite parties against the defendants-petitioners on 16.9.1981 for specific performance of agreement was decreed on 18.10.1982. the defendants were directed to accept balance amount of consideration, under the agreement dated 30.11.1978 read with the agreement dated 4.9.1979 and to execute and register sale-deed of the suit land within a period of two months, failing which the plaintiffs were at liberty to get the decree executed through processes of Court.3. It is said that the decree-holders tendered balance consideration amount and also sent a notice on 30.11.1982 in this regard to the judgment-debtors, but they did not respondent. On 24.1.1983, Execution Case No. 1 of 1983 was filed.4. In the meantime, on 1.4.1983, the defendants preferred F.A. No. 27 of 1983 (R) in this Court, wherei...
Tag this Judgment!Shekhar Choudhary @ Chandra Shekar Choudhary Vs. State of Bihar and or ...
Court: Patna
Decided on: Jan-27-1999
1. In this habeas corpus petition, the petitioner/detenu has impugned the order of detention dated 9-3-1998 passed under Section 3(2) of the National Security Act, 1980 (hereinafter referred to as the Act) by the District Magistrate, Bhojpur.2. Two main submissions have been urged before us by counsel for the petitioner. Firstly, it is submitted that the District Magistrate, Bhojpur has no jurisdiction to pass the order of detention under Section 3 of the Act unless he is vested with that jurisdiction under Sub-section (3) of Section 3 of the Act. Secondly, it is submitted that though the petitioner was in custody at the time when the order of detention was passed, neither the order of detention nor the grounds of detention disclosed consciousness on the part of the detaining authority that the petitioner was already in custody and yet it was necessary to pass an order of detention under the Act.3. In the counter-affidavit filed on behalf of the District Magistrate, Bhojpur, reference...
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