Patna Court January 1999 Judgments
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Fertilizer Corporation of India Ltd. Vs. Collector of C. Ex.
Court: Patna
Decided on: Jan-18-1999
Bisheshwar Prasad Singh, J.1. The common question which arises for consideration in this batch of writ petitions is whether the substances known as Low Sulphur Heavy Stock (for short, L.S.H.S.) and Furnace Oil (for short, F.O.) use in the petitioner's fertilizer plant at Sindri qualifies for total exemption from payment of excise duty, as 'Feed stock' used in the manufacture of fertilizer in the petitioner's plant in terms of exemption notification No. 147 of 1974 dated 30.10.1974.2. In CWJC Nos. 4888 and 4901 of 1987, it has been additionally con-tended that the Tribunal had no jurisdiction to entertain the appeals which were instituted in the purported exercise of power of review under Section 36(2) of the Central Excises and Salt Act, 1944 (as amended), since under the amended Section 36, amended by Finance (No. 2) Act, 1980, which came into force on 21.08.1980, the provision vesting power in the Central Government to review the decision of the Board, stood repealed.3. The petition...
Shankar Kumar Ghosh Vs. State of Bihar and ors.
Court: Patna
Decided on: Jan-15-1999
Ashish N. Trivedi, J.1. The petitioner was initially appointed in the Bihar Police as Sub-Inspector in the year 1965 and was eventually posted as Junior Sub-Inspector of Police at G.R.P.S., Ranchi in November, 1979 and was then transferred to Jamshedpur on 24.7.1981 and thereafter to Dhanbad on 28.8.1981 and was posted as Officer-in-Charge. G.R.P.S. Dhanbad when a charge sheet dated 28.11.1981 (Annexure 4) was served on the petitioner alleging various misconducts said to have been committed by him. G.R.P. Case No. 51 of 1981 was also instituted against the petitioner under Sections 409, 379, 201, 202 & 120B I.P.C. which was pending trial. After the conclusion of the disciplinary enquiry, the departmental proceeding was concluded and the Deputy Inspector General of Railway Police, Bihar by his order dated 18.9.1985 (Annexure '2') dismissed the petitioner from the service against which the petitioner preferred a statutory Appeal to the Director General of Police on 29.9.1985, a copy of ...
Tridip and Company Vs. State of Bihar and ors.
Court: Patna
Decided on: Jan-15-1999
N. Pandey, J.1. Petitioners in these cases are aggrieved by a common order of the State Government dated 6.3.1998 (Annexure-2), whereby and whereunder the prayer for renewal of the gun manufacturing licences was refused.2. Heard the learned Advocates for the petitioners well as the State and with their consent, all these cases along with I. As are disposed of at this stage itself.3. Petitioners were granted separate licences for manufacturing of gun barrels at Munger and the last renewal of their licences was granted on 27.8.1997. The prayer for renewal of the same has refused on the ground that there are certain dues against them with respect to rental of industrial estate as well as amount of sales tax.4. Learned Counsel for the petitioners contended that the impugned decision of the Government is quite arbitrary and against the spirit of the statutory requirements. Because from a bare reference to the provisions of Sections 14 and 15 of the Arms Act read with Rule 54 of the Arms Ru...
Laxmi Singh Vs. State of Bihar
Court: Patna
Decided on: Jan-12-1999
A.K. Prasad, J.1. The sole appellant has been convicted under Section 302 of the Indian Penal Code and sentenced to life imprisonment thereunder, on the charge of committing the murder of Chhotan Sad, by the Sessions Judge, Gumla, by the impugned judgment and order dated 8-5-1987 in S.T. No. 449/1982/T.R. No. 21/1987.2. The prosecution case, in brief, as made out in the F.I.R. (Ext. 5) is as under; the appellant Laxmi Singh is the son-in-law of Baijnath Singh. He resides in his house at village Birinda, Bhandar Toli, within P.S. and District Gumla. The house of Baijnath Singh is in the neighbourhood of the houses of the informant Ram Sewak Sao as well as the deceased Chhotan Sao. On 16-8-1981, around 8 p.m., the appellant visited the house of the deceased and took him in his company to his own house. The informant, who was sitting at his Darwaja, saw Chhotan Sao, the deceased going in the company of the appellant towards the house of the appellant. Soon thereafter, the informant hear...
Mohd. Raza and anr. Vs. State of Bihar and ors.
Court: Patna
Decided on: Jan-12-1999
R.A. Sharma, J.1. Late Md. Raza made a Wakful Alal Aulad (hereinafter referred to as the Wakf) in respect of his immovable properties of several villages by a registered deed dated 12.4.1939. In 1961, Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus) Act, 1961 (hereinafter referred to as the Act) was enacted by the State of Bihar fixing ceiling area of the agricultural land for a family. A Land Ceiling Case No. 384 of 1973 was started in respect of the land of the wakf under the Act and a notice was published and served on Mutawalli of the Wakf calling upon him to file the return. The Wakf through the Mutawalli filed the return/representation, pursuant to the said notice. After considering the representation filed on behalf of the Wakf and the other materials on the record about 123 acres of the agricultural land of the Wakf were declared surplus by the competent authority. Accordingly, a notification under Section 15 of the Act acquiring the surplus land of the...
Birendra Kumar Mehta Vs. State of Bihar and ors.
Court: Patna
Decided on: Jan-11-1999
Radha Mohan Prasad, J.1. The grievance of the petitioner in this writ petition appears to be that without deciding his objection under Section 10 of the Bihar & Orissa Public Demands Recovery Act on interim order has been passed directing him to deposit Rs. 30,000/-.2. It appears that the petitioner went in revision which was rejected on the ground of his not depositing 40% of the certificate amount it is alleged that thereafter the Certificate Officer has proceeded to take coercive action for realizing 40% of the amount.3. A counter affidavit has been filed on behalf of Respondent No. 2 State Bank of India, Jainagar Branch. In the counter affidavit, it is not disputed that coercive action has been taken against the petitioners for his not depositing 40% of the amount. However, none has appeared on behalf of the Respondent Bank.4. Under the aforementioned circumstances. I failed to appreciate as to how the Certificate Officer can take coercive action against the petitioner without tak...
Bokaro Steel Workers' Union and Anr. Vs. State of Bihar and Ors.
Court: Patna
Decided on: Jan-10-1999
N. Pandey, J. 1. Petitioner No. 1 in this application, claiming to be the General Secretary of Bokaro Steel Workers' Union, has prayed for quashing the direction contained in communication dated January 11 1996 (Annexure-5) addressed to the Managing Director, Steel Authority of India, Bokaro Steel City with a copy to Shri S.C.L. Shrivastava (respondent No. 4). By the impugned communication, Additional Registrar, Trade Union had informed that in view of the decision in T.S. 120 of 1990 and order of this Court in C.W.J.C. No. 6834 of 1994, the election of the Union held on August 5, 1987 was found valid. Besides the aforesaid, names of office bearers including Shri S.C.L Shrivastava (respondent No. 4) as General Secretary was also mentioned with a request to hold a fresh election of the office bearers. The communication further shows although Shri Bindeshwari Dubey, Shri P.N. Tripathy and Shri A. K. Tripathy, were dead, but their names were mentioned as Executive President, and Vice P...
Shiva Shankar Pandey and ors., Etc. Vs. State of Bihar
Court: Patna
Decided on: Jan-03-1999
Manohar Lal Visa, J. 1. Both these appeals have been heard together and are being disposed of by this common judgment as they both arise out of the same judgment dated 5-2-1996 and order dated 12-2-1996 convicting and sentencing Sri Niwas Pandey and Dinesh Pandey who are appellants in Cr. Appeal No. 120 of 1996, and Shiva Shankar Pandey, Ram Pravesh Pandey, Vijoy Shankar Pandey, Mithilesh Pandey alias Lalli, Ram Keshwar Pandey and Awadhesh Pandey, who are appellants in Cr. Appeal No. 109 of 1996. Appellant Dinesh Pandey has been convicted under Sections 302 and Section 341 of the Indian Penal Code (in short 'IPC') and 27 of the Arms Act and has been sentenced to undergo life imprisonment under Section 302, IPC. The remaining seven appellants have been convicted under Section 302 read with Sections 149 and 341, IPC and have been sentenced to undergo life imprisonment under Section 302 read with Section 149, IPC. No separate sentence has been passed under Sections 341, I.P.C and 27 of t...
Maharani Adhirani Kamsundari Vs. District Judge
Court: Patna
Decided on: Jan-01-1999
R.N. Sahay, J.1. Maharajadhiraj Dr. Sir Kameshwar Singh died on 1.10.1962 intestate leaving behind two widows, namely, Maharani Adhirani Rajlakshmi and Maharani Adhirani Kamsundari (appellant). Late Maharaja had no issue. The Senior Maharani Rajlakshmi died on 22.11.1976 at Rambagh Raj Palace in the town of Darbhanga. The appellant, who is the junior Maharani filed an application for grant of succession certificate in respect of debts and securities, detailed in Schedules-A and B of the application. She had earlier filed Succession Certificate Case No. 53 of 1976 but on account of claim preferred by a stranger and other impediments, the said Succession Certificate Case was dismissed for default on 23.8.1980. Thereafter, Taxation matter was decided. There being no impediment under Section 370 of the Act, a fresh application was filed in 1995 under Section 372 of the Indian Succession Act. No objection was filed from any quarter. Succession Certificate was claimed on the basis that the ...
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