Patna Court April 1999 Judgments

Sonu Prajapati and ors. Vs. State of Bihar

Court: Patna

A.K. Prasad, J.1. Cr. Appeals 194 and 198 of 1990(R) which arise out of common judgment and order dated 28-7-1990 in S.T. No. 347 of 1988 passed by Sri Satyendra Singh, the then IVth Addl. Sessions Judge, Palamu, have been heard analogous and are being disposed of by this judgment.2. Sonu Prajapati and Karmu Prajapati are the appellants in Cr. Appeal No. 194 of 1990(R). The sole appellant in Cr. Appeal No. 198 of 1990(R) is Prasad Prajapati. All the three appellants have been convicted under Sections 302 read with 34 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life thereunder. Further, appellants Sonu and Karmu Prajapati have been convicted under Section 27 of the Arms Act and sentenced to undergo rigorous imprisonment for three years, each, on this count. Besides, appellant Karmu Prajapati has been convicted under Section 323 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for three months thereunder. However, all the sentences...

Rajendra Oraon and ors. Vs. State of Bihar and ors.

Court: Patna

Nagendra Rai, J.1. The question of law and facts involved in all the four cases are same and as such they have been heard together and are being disposed of by this common order.2. There are 21 petitioners in C.W.J.C. No. 2605/97(R). 32 petitioners in C.W.J.C. No. 2163/07/97 (R), 31 petitioners in C.W.J.C. No. 2052/97(R) and 2 petitioners in C.W.J.C. No. 2245/97(R). They have filed the present writ application for a direction to the respondents for their appointment in Class IV posts vacant in different department of the Gov eminent of Bihar, in the district of Ranchi on the basis of their placement in the district panel in terms of the Government notification dated 19.11.92 a copy of which has been annexed as Annexure-6 to C.W.J.C. No. 2605/97 (R) and for quashing the Notification dated 20.6.97 published in the Prabhat Newspaper issued by the respondent Deputy Commissioner for preparation of fresh panel for appointment to Class IV post in the regional offices of the Ranchi District, ...

Shiv Shambhu Hard Coke Vs. Bihar State Electricity Board and ors.

Court: Patna

Nagendra Rai, J.1. The present writ application has been filed by the petitioner for a direction to restore electric line, which has been disconnected without notice to it and also to quash the bill, which has been raised against the petitioner by treating it as H.T. consumer and to raise the bill on the basis of its sanctioned load of 79 H.P., which is under L.T. consumption. 2. The facts, which are not in dispute, are that the petitioner is a partnership firm and has established a Hard Coke Plant at Tundi Road, Panchrukhi, P.S. Gobindpur, District Dhanbad. The petitioner applied for electricity connection and he was given electricity connection in 1995 and the sanctioned load of the petitioner was 79 H.P. According to the petitioner, the load at no point of time exceeded the above sanctioned load. The petitioner has been consuming electricity within the sanctioned load and has been paying electric charges regularly to the Board. At no point of time, it was brought to the notice of t...

New India Assurance Co. Vs. Renu Devi

Court: Patna

M.Y. Eqbal, J.1. These appeals have been placed along with notes of the Stamp Reporter for deciding the objection raised by the appellant with regard to the amount of Court-fee payable in the memorandum of appeal filed against the award passed by the Motor Vehicle Accident Claims Tribunal.2. It appears that the memorandums of appeals have been filed along with the Court-fee stamp of Rs. 15/- and the Stamp Reporter has given a note that the Court fee stamp of Rs. 250/- is payable in the memos of appeals.3. I have heard Mr. D.C. Ghosh and Mr. Srivastava learned Counsel appearing on behalf of the appellants and perused the memos of appeals. These appeals have been filed by the appellant-Insurance Company challenging the award passed by the Motor Vehicle Accident Claims Tribunal (hereinafter referred to as the Tribunal) awarding compensation to the claimants on account of death caused by motor vehicle accident.4. According to the learned Counsel for the appellants, Court fee stamp in the ...

C. M. P. D. I. Vs. Deputy Commissioner of

Court: Income Tax Appellate Tribunal ITAT Patna

Reported in: (2000)72ITD544(Pat.)

1. These two appeals are directed against common order dated 6-11-1992 of the ld. CIT(A), Ranchi, whereby he confirmed the orders of the Assessing Officer taxing the assessee-company under section 143(3)/163(2)/251 for the assessment years 1978-79 and 1979-80 treating the assessee as Agent of TSVEMETPROMEXPORT, Moscow. The Assessing Officer held that the income of Rs. 1,96,957 for the assessment year 1978-79 would be deemed to have arisen in India by virtue of section 9(1)(vii) of the Income-tax Act. He observed that the payment of the amount in question by the assessee-company to the said foreign company was in respect of the Contract No. 05-022/30700 dated 17-9-1975 which contract had not been approved by the Central Government before 1-4-1976 and, as such, the proviso to clause (vii) of sub-section (1) of section 9 of the Act was not applicable in the case. Accordingly, he charged income-tax on the income of Rs. 1,96,960 for the assessment year 1978-79.2. As for the assessment year...

Ujjawal Coal Pvt. Ltd. Through Its Director Vs. State of Bihar and ors ...

Court: Patna

Nagendra Rai, J.1. The petitioner has filed the present writ application for quashing the order dated 20.10.97 (Annexure-15) passed by the Managing Director, Darbhanga Industrial Area Development Authority (hereinafter referred to as the Diada) whereby a direction has been issued to the Officer-in-charge of Samastipur Police Station to deliver the physical possession of Plot Nos. III, 112, 113, 116 and 117(p) situate in Industrial Area, Samastipur to respondent No. 5, for directing the respondents to hand over the vacant possession of the land in question to him and to grant provisional registration certificate to establish an industry.2. The facts necessary for disposal of the present writ application are that the Diada was established for industrial development in the districts of Darbhanga, Muzaffarpur, Samastipur, Begusarai, Saharsa, Madhepura, Madhubani and Katihar. It has developed the industrial estate/area in all the aforesaid districts and allotted plots to the entrepreneurs ...

Ramesh Prasad Gupta Vs. Chief Manager, State Bank of India and ors.

Court: Patna

M.Y. Eqbal, J.1. In this writ application, the petitioner has prayed for quashing of the order dated September 5, 1997 whereby the respondent No. 3, the Assistant General Manager, State Bank of India, dismissed the petitioner from service. 2. I have heard Mr. K.N. Prasad, senior Counsel appearing for the petitioner and Mr. Kameshwar Prasad, learned counsel for the respondent-Bank and perused the affidavits filed by the parties. The parties have been heard at length and with their consent the writ petition is disposed of at the stage of admission. 3. The facts relevant for the purpose of this application are that the petitioner was employed as Bank Guard. It appears that the petitioner was chargesheeted on various allegations and was directed to submit his show cause. The respondent after finding the show cause unsatisfactory appointed inquiry officer for holding an inquiry. The inquiry officer conducted the inquiry and found that the charges were not proved. The Disciplinary authorit...

Ram Nandan Singh and ors. Vs. State of Bihar

Court: Patna

R.N. Sahay, J.1. By judgment pronounced on 29.4.1986 in Sessions Trial No. 12/83, the 4th Additional Sessions Judge, Gaya convicted all the fourteen accused persons under Sections 302/149, 147, 148, 323 of the Indian Penal Code and 27, Arms Act.2. Three separate appeals have been preferred by the convicted accused. In Cr. Appeal No. 220 of 1986, appellants are Ram Nandan Singh and Kapil Singh. Both of them have been convicted under Section 302 read with Section 149, I.P.C. and have been sentenced to imprisonment for life. Appellant Ram Nandan Singh has been further convicted under Section 147 and 323, I.P.C. and sentenced to undergo R.I. for one year and six months respectively. Appellant Kapil Singh has been further convicted under Section 148, IPC and sentenced to undergo R.I. for two years. The sentences have been ordered to run concurrently.3. In Cr. Appeal No. 238 of 1986 there are eleven appellants. All the appellants have been convicted under Section 302/149, I.P.C. and sentenc...

S.M. Qamaruzzama and ors. Vs. Rajendra Agriculture University and ors.

Court: Patna

A.K. Ganguly, J.1. All these batches of cases are heard together as the questions of law which fall for consideration before this Court are common in all these Writ Petitions. Factually, also the cases have great deal of similarity with some minor variations.2. The facts in C.W.J.C. No. 8532 of 1997 are noted hereinbefore : The petitioner joined the Bihar Agriculture Service on 20th June, 1956 as a Junior Research Assistant and subsequently promoted to the post of Senior Assistant Research Officer which is also unknown as Assistant Recruitment Officer, with effect from 14.10.1961. Rajendra Agriculture University (hereinafter referred to as the said University) was created in 1971 and most of the Government employees who conducted research and were imparting education in the agriculture field, were absorbed in the newly-created University and as such they submitted their resignation and the petitioner also submitted his resignation, and the petitioner's services were absorbed in the sa...

Employers in Relation to the Management of B.C.C.L. Vs. Presiding Offi ...

Court: Patna

M.Y. Eqbal, J. 1. In this writ application, the petitioner who is employer in relation to the management of B.C.C.L. has prayed for quashing the award dated December 17, 1991, passed by the Presiding Officer, Central Industrial Tribunal No. 1, Dhanbad in reference case No. 102/88, whereby and whereunder he has held that the action of management in terminating the services of the workman concerned, namely, Sri Ramadhar Singh, is not justified and further directed that the said workman should be reinstated with full back wages with continuity of service and his absence from duty shall be treated as leave without pay.2. It appears that the Central Government, in the Ministry of Labour, in exercise of the powers conferred by clause (d) of sub- section (1) of Section 10 of the Industrial Disputes Act, 1947, referred the following dispute for adjudication to the Tribunal:'Whether the action of the management of BCCL Limited Headquarters, Koyla Bhawan P.O. Koylanagar, Distt. Dhanbad in term...