Patna Court July 1999 Judgments
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Sk. Manzoor Alam Vs. State of Bihar and ors.
Court: Patna
Decided on: Jul-15-1999
Narbdeshwar Pandey, J.1. Heard. This writ petition has been filed for quashing the entire proceeding in Case No. 15 of 1978-79, whereby and whereunder, the petitioner was imposed a penalty of Rs. 58,250/- for non-filing of return within the prescribed period. Prayer has also been made to quash the Certificate Proceeding bearing No. 62 of 1978-79, which was initiated for non-payment of the fine as imposed upon the petitioner under Section 8(2)(i) of the Bihar Land Ceiling (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961, in short 'the Act'.2, There is no dispute that the petitioner is a land-holder of the lands for which Ceiling Case No. 15 of 1978-79 was started. The only grievance of the petitioner is that the entire proceeding initiated under Section 8(1) including the order passed under Section 8(2)(i) of the Act, imposing penalty was illegal since there was flagrant violation of the principles of natural justice. Prayer has also been made since the proceedings...
Raj Kishore Prasad and anr. Vs. State of Bihar
Court: Patna
Decided on: Jul-12-1999
P.K. Sarkar, J.1. This revision is directed against the judgment and order dated 29-8-1990, passed by Shri Jiwan Tigga. 2nd Additional Sessions Judge, Singhbhum at Chaibasa, in Criminal Appeal No. 113 of 1985, whereby and whereunder he confirmed the judgment and order of conviction and sentence dated 29-6-1985, as recorded by the Sub-Divisional Judicial Magistrate, Chakradharpur, in G.R. Case No. 560 of 1977.2. The short facts giving rise to this revision are as under:G. R. case No. 560 of 1977, under Section 7 of the Essential Commodities Act (hereinafter referred to as the Act) was instituted on the allegation that petitioner No. 2 Domanial Gupta is a dealer dealing in the essential commodities, in which the business was being conducted by petitioner No. 1 Raj Kishore Prasad, brother of petitioner No, 2, but according to the prosecution, they were not maintaining the books of accounts regarding foodgrains properly and there was also shortage of foodgrains on verification by the inf...
Bihar Rajya Shahkarita Prabandhak Sangh and ors. Vs. State of Bihar an ...
Court: Patna
Decided on: Jul-12-1999
Ashok Kumar Ganguly, J. 1. These batch of writ petitions were heard together as common questions are involved in all these cases.2. The basic grievance of the petitioners in these batch of cases is over fixation of salary to them without dearness allowance and the contention of the petitioners in all these cases is that such grant of salary to them is violative of the provisions contained in Articles 14 and 21 of the Constitution of India.3. The petitioners are working as Managers in Primary Agricultural Co-operative Society (hereinafter called the said PACS). The contention of the petitioners is that such appointments were made pursuant to letters of appointment issued under the signature of the Member Secretary District Co-operative Societies.4. The petitioners have pleaded that in the year 1974 the Reserve Bank of India (hereinafter called the R.B.I.) at the request of the then Chief Minister of Bihar sent a study team to submit a report and recommendation on agricultural credit i...
Radhika Kuar Vs. State and ors.
Court: Patna
Decided on: Jul-12-1999
Choudhary S.N. Mishra, J.1. This is one of the unfortunate cases which shows the callous and mala fide attitude on the part of the State-respondents in not paying the retiral dues to the petitioner who is the wife of the deceased-employee who retired from the service as Assistant Teacher as far back as on 31-10-82 and subsequently, died on 23-9-95. The widow has been dragged to this Court for payment of retiral dues legally payable to her husband. It is Submitted that till date nothing has been paid to the petitioner by way of retiral dues, though a letter had been issued to the Finance Department in this regard. In this case, no counter-affidavit has been filed on behalf of the State-respondents despite sufficient opportunity given to them. Accordingly, this writ application is being disposed of on the averments made therein. The details of the claim is set out in paragraph 19 of this writ petition which will speak for itself.2. Accordingly, I direct the State-respondents to issue s...
Nakulesh Surendra Shahi and ors. Vs. Smt. Mithileshwari Devi and ors.
Court: Patna
Decided on: Jul-12-1999
R.N. Sahay, J.1. This is an application for review/rehearing of First Appeal No. 29 of 1973 which was allowed ex parte against the review petitioner.2. First Appeal in question was listed for hearing on 16-12-1987 before B.N. Agrawal, J. The review petitioner was represented by Sri Rama Kant Verma, Sr. Advocate, who was assisted by Miss Ranjit Chatta. After the death of Sri Verma Sri Krishna Prakash Sinha, Sr. Adv. was engaged and the brief was handed over to him. On 22-4-1988 First Appeal was heard in part by B.N. Agrawal, J. The case was again listed on 5-5-1988 and His Lordship ordered that the case be listed before another Bench.3. The case went out of list and was not listed for three years. During this period, Sri Nakulesh Surendra Shahi, husband of the original review petitioner tried to contract the junior Counsel Miss Ranjit Chatta and a learnt that the Counsel had gone out of Patna for some treatment. It is to be mentioned that the case was being looked after by Sri Sheo Na...
Domco Smokeless Fuels (P) Ltd. Vs. Coal India Limited and ors.
Court: Patna
Decided on: Jul-09-1999
M.Y. Eqbal, J.1. In this writ application, the petitioner prays for issuance of an appropriate writ commanding upon the respondents to release full quota of coal by changing the linkage from Bharat Coking Coal, Ltd. to Central Coalfield Ltd. as per their promise made and approved by the Respondent No. 1 by its resolution.2. Petitioner's case is that it is a Pvt. Limited company registered under the Indian Companies Act, 1956. Respondent No. 1, namely, Coal India Limited came out with an advertisement in the newspaper some times in the year, 1986 for establishment of Smokeless Fuel Plant which is used in domestic purposes. The petitioner became ready to invest more than crores of rupees from the establishment of the said industry and for that purpose, it purchased a project report which was supplied by the Central Mining Planning and Design Institute, a subsidiary of respondent No. 1. One of the Clauses of the said project report was that the plant being heat intensive in nature requi...
State of Bihar and ors. Vs. Jethmull Bhojraj
Court: Patna
Decided on: Jul-09-1999
Ravinandan Sahay, J.1. By this application under Article 226 of the Constitution of India, the State of Bihar and its Officers seek review of my judgment and order dated 25-9-1995 in C.W.J.C. No. 2570 of 1995 (R) whereby and whereunder the writ application filed by M/s. Jethmull Bhojraj was allowed and consequently, a writ of mandamus was issued upon the present petitioners, who were respondents in the writ petition to enter the name of the writ petitioner in the Zamabandi records of right and opening of a demand and showing the Government of Sikkim a mortgagee in possession over the land, which was subject-matter of the writ application. 2. The writ application was disposed of at the admission stage itself after hearing the counsel for the petitioner and Government Pleader, who represented the State of Bihar. The writ application was disposed of on the basis of certain facts which could not be disputed in view of decision of the Division Bench of this Court in C.W.J.C. Nos. 434 & 43...
In Re: Ram Japu Rai and ors. Etc.
Court: Patna
Decided on: Jul-09-1999
1. These four appeals arise out of the common judgment and order of the first Additional Sessions Judge, Sitamarhi, in Sessions Trial No. 817 (sic) of 87/4 of 88, dated 6th April, 1989. The appellant Sudama Devi in Criminal Appeal No. 241 of 1989 was charged of the offence under Section 302 of the Indian Penal Code, while she and the remaining appellants were charged of the offence under Section 302/34 of the Indian Penal Code. The trial Court has found appellant Sudama Devi guilty of the offence under Section 302 of the Indian Penal Code and sentenced her to undergo rigorous imprisonment for life. It has also found all the appellants guilty of the offence under Section 302/149 of the Indian Penal Code instead of Section 302/34 of the Indian Penal Code and while passing no separate sentence against Sudama Devi, has sentenced the other appellants to undergo rigorous-imprisonment for life.2. The case of the prosecution is that on 29th May, 1987 at about 8 p.m. while the deceased was pro...
Ram Gulam Shah and Sons and ors. Vs. Commissioner of Income-tax and an ...
Court: Patna
Decided on: Jul-08-1999
Narayan Roy, J. 1. Heard counsel for the parties. 2. By this application under Section 482 of the Code of Criminal Procedure, the petitioners have prayed for quashing the entire criminal prosecution launched against them including the order taking cognizance dated March 3, 1992, under Sections 276C and 277 of the Income-tax Act, 1961 (hereinafter referred to as 'the Act'), in Complaint Case No. 14 of 1992 pending in the Court of the Special Judge, Economic Offences, Muzaffar-pur. 3. It is contended by learned counsel appearing on behalf of the petitioners that though the Assessing Officer made two additions in the assessment order and though the same was the basis for the prosecution against the petitioners, the same has not wholly been sustained by the Commissioner of Income-tax (Appeals) and also by the Tribunal rather it has been held by the appellate authority and also by the Tribunal that the concealment made by the petitioners was not wilful in nature. Learned counsel, therefo...
Gulzar Ram and ors. Vs. Maheshwar Ram and ors.
Court: Patna
Decided on: Jul-08-1999
D.N. Prasad, J.1. This first appeal is directed against the judgment and decree passed by Shri R.K. Tuli, 3rd Additional Sub-Judge, Palamau at Daltonganj in Partition Suit No, 66 of 1980 by which the learned Sub-Judge decreed the suit in part,2. The case of the plaintiffs/respondents in brief as stated that the plaintiffs and defendants are the descendants of the common ancestor Bhulan Ram who was the survey-recorded Raiyat of land of Khata Nos. 42, 89, 110, 118 of the village Dhub, P.S. Panki, District Palamau, Bhulan Ram, who was the recorded Raiyat of the land in suit died leaving behind five sons, namely Fulchand Ram, Deochand Ram, Bandhu Ram, Ghanshyam Ram and Sheo Ram. After the death of Bhulan Ram, Deochand Ram died in about 1952 without leaving any issue and after his death, his share of 1/5th was devolved to four brothers. It is further claimed that Fulchand Ram also died in or about 1954 leaving behind two sons, namely Dharamdeo Ram and Jageshwar Ram. Sheo Ram also died in ...
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