Patna Court September 1999 Judgments
National Building Construction Corporation Limited Vs. State of Bihar ...
Court: Patna
Decided on: Sep-30-1999
Sachida Nand Jha and GURUSHARAN SHARMA, JJ 1. This writ petition has been filed on behalf of a Government company challenging the vires of Section 25-A of the Bihar Finance Act, 1981.2. By judgment and order dated July 19, 1999 Reported in [2000] 117 STC 41 (Pat). in the ease of Larsen and Toubro Ltd. v. State of Bihar [C.W.J.C. No. 878/97(R)] and analogous cases, provisions of Section 25-A of the Bihar Finance Act, 1981 and other related provisions have been declared to be ultra vires. It is thus plain that this writ petition is squarely covered by the said decision.3. Coming to the consequential relief, it is obvious that the provisions having been held to be ultra vires anything done or action taken by virtue of the impugned provisions have to be held to be bad in law.4. Sri B.P. Rajgharia followed by Sri Pawan Kumar, learned counsel for the petitioner, however submitted that by virtue of the interim order passed by this Court on September 24, 1993 petitioner is also entitled to in...
Tag this Judgment!Management of I.T.C. Ltd. Vs. Presiding Officer, Labour Court and anr.
Court: Patna
Decided on: Sep-29-1999
Aftab Alam, J.1. The petitioner is a company incorporated under the Indian Companies Act.2. On December 6, 1992, the company introduced a scheme of voluntary retirement. A copy of the scheme is at annexure-2. In terms of the Scheme, those permanent workmen of the company who had completed five years of service on December 4, 1992, were eligible to seek voluntary retirement under certain terms and conditions. On the request of voluntary retirement being accepted, the concerned workman was to be paid certain amount as compensation ; the compensation was to be calculated in accordance with any of the three alternative modes, at the option of the concerned workman, as provided under Clause 3 of the Scheme.3. It is significant to note that in each of the modes for calculation of compensation it was clearly and expressly stated that the income-tax payable, if any, will be deducted at source as required under the Income-tax Act/Rules currently in force.4. Four workmen, out of whom three are ...
Tag this Judgment!Arbind Shah @ Ghultu Sah Vs. State of Bihar
Court: Patna
Decided on: Sep-29-1999
R.N. Sahay, J.1. Appellant Arbind Sah @ Ghultu Sah aged about 25 years has been convicted under Section 8(c) read with Section 21 of the N.D.P.S. Act arid sentenced to ten years R.I.2. In this case; 240 mg. of heroin were recovered from the possession of the appellant. The first contention of the learned Counsel for the appellant is that since small quantity of Narcotic substance was recovered from the possession of the appellant which is covered by notification No. 0.827(E) dated 14-11-1985 issued by the Ministry of Finance, Department of Revenue, penal provision of Section 27(a) would be attracted and in that case maximum punishment is one year. It is contended that the sentence of 10 years is illegal. Smallness of quantity is a circumstance justifying inference of the person in possession being an addict and possessed the drug to satisfy personal craving for consumption, provision of Section 27 would be attracted.3. Bombay High Court in 1993 Cr. L. J. 3264 (DB) held, that when 5 g...
Tag this Judgment!Ram Naresh Chaubey and ors. Vs. State of Bihar
Court: Patna
Decided on: Sep-29-1999
Narendra Narayan Singh, J.1. This appeal is directed against the judgment of conviction and order of sentence dated 3-5-1989 passed in Sessions Trial No. 393 of 1982 by which 7th Addl. Sessions Judge, Rohtas at Sasaram convicted all three appellants under Sections 307/34 of the Indian Penal Code and sentenced them to undergo rigorous imprisonment for seven years thereunder.2. The prosecution case, as mentioned in the fardbeyan (Ext. 2) of informant Gauri Shanker Choubey (P.W. 5) at Kargahar Hospital at 9.30 a.m. on 8-11-79 was that then at 7.00 p.m. in the previous night, he was returning to his village home after irrigating his paddy field and he reached near a turning point towards east of the canal bridge, these appellants and Sarju Choubey (since dead) surrounded him. It was further alleged that under orders of Naresh Choubey and Sarju Choubey to finish him, informant Gauri Shanker Choubey stalled running away but appellant Ramjee Choubey fired a shot from his gun which hit his b...
Tag this Judgment!Jagwa Manjhi Vs. State of Bihar
Court: Patna
Decided on: Sep-29-1999
R.N. Sahay, J.1. This appeal has been preferred from Jail by the sole appellant Jagwa Manjhi, who has been convicted on the charge of having committed dacoity in between the night of 19-20th April, 1983 in the house of Chandreshwari Pandit of village Tengra P.S. Belhar in the district of Banks and has been sentenced to seven years' R.I.2. The appellant was not named in the First Information Report. He was resident of village Sangrampur in the district of Bhagalpur. The evidence of dacoity has been narrated in para-2 of the judgment of the trial Court which for the sake of convenience is extracted below:The prosecution case, briefly stated, is that in between the night of 19th/20th April, 1983 when the first informant was studying at about 12 midnight in front his house, he heard sound of TIKTIKIYA and he became suspicious and then he took a lathi and a sword in his hands and proceeded towards west of his house. It is alleged that when he reached near the BASA of Sikandar Pandit, he s...
Tag this Judgment!New India Assurance Co. Ltd. Vs. Asha Devi and ors.
Court: Patna
Decided on: Sep-29-1999
R.A. Sharma, J. 1. The New India Assurance Co. Ltd. has filed this appeal challenging an order passed by the Motor Accidents Claims Tribunal, Palamau at Daltonganj in M.V. Claim Case No. 3 of 1990, awarding a sum of Rs. 3,24,115 as compensation to the claimants on account of the death of their bread-earners.2. Learned counsel for the insurance company has challenged the order on two grounds, namely, (i) the Tribunal has amended the award raising the compensation from Rs. 2,99,115 to Rs. 3,24,115 without any justification; and (ii) that the amount of compensation awarded is excessive, specially the penal interest. Both these submissions lack merit.3. Pursuant to this court's order dated 26.8.1999, the claimants have filed an affidavit enclosing therewith the copy of the order sheet of the Tribunal and disclosing reasons therein for amendment.4. From perusal of para 13 of the award, it is clear that a sum of Rs. 2,99,115 was awarded by the Tribunal to the claimants on the basis of the...
Tag this Judgment!Divisional Engineer, Telephones and Others Vs. Rama Kant Singh
Court: Bihar State Consumer Disputes Redressal Commission SCDRC Patna
Decided on: Sep-29-1999
V.N. Mishra, Member: 1. The present appeal is directed against the order dated 23.8.1994 passed by the District Forum, Gaya in Complaint Case No. 1/94. 2. The brief facts of the case are that the complainant's telephone No. 22262 is defective. It frequently gets cross-connected with other telephones resulting in false metering causing inflated bills. This defect has been persisting since several years and it has not been rectified by the opposite parties inspite of several complaints made by the complainant. 3. The complainant had filed a Complaint Case No. 63/91 before the District Forum, Gaya. It was mutually agreed between the complainant and the opposite parties during the pendency of the complaint case that average bills will be furnished by the opposite parties to the complainant and excess amount paid by the complainant, if any, will be adjusted in future bills. The District Forum passed consent order and directed the opposite parties for its compliance. The average bills for th...
Tag this Judgment!Mritunjay Sharma and anr. Vs. State of Bihar and ors.
Court: Patna
Decided on: Sep-28-1999
R.N. Sahay, J.1. Both the writ applications involve common question of fact and law and they are being disposed of by this common order.2. In C.W.J.C. No. 6553 of 1992, there are two petitioners, namely Mritunjay Sharma and Chitaranjan Rai. The facts of this case are that petitioner No. 1 had purchased 2 bighas 19 kathas and 17.5 dhurs of land from the four sons of Nokha Lal Jha by registered sale-deed dated 30-4-1973 (Annexure-4). By another registered sale-deed dated 6-3-1975, he purchased 1 bigha of land from Lakshmeshwar Jha (Annexure-4/1). Petitioner No. 2 had purchased one bigha of land from Bishwanath Jha on 1-6-1960 (Annexure-2). There are two registered sale-deeds dated 28-5-1962 whereby they purchased 2 bighas of land vide Annexures-2/1 and 2/2. These lands were purchased from Bishwanath Jha, Rupeshwar Jha and Jageshwar Jha. Both the petitioners got their names mutated in Register II. The name of petitioner No. 1 was mutated in 1974-75 while the name of the petitioner No. 2...
Tag this Judgment!Naresh Mohan Prasad and ors. Vs. State of Bihar and anr.
Court: Patna
Decided on: Sep-28-1999
Sudhir Kumar Katriar, J. 1. This application at the instance of the five petitioners under Section 482 of the Code of Criminal Procedure, 1973, is directed against the order dated 9-5-94, passed by Shri A. K. Singh, Judicial Magistrate, Lakhisarai, in Complaint Case No. 183(C) 93, whereby cognizance of the alleged offences have been taken under Sections 147, 323, 380, 452 and 504, IPC as well as Section 26 of the Arms Act, and the petitioners have been summoned to stand their trial.2. According to the allegations in the petition of complaint lodged by O. P. No. 2 herein, on 11-8-93 the petitioners had stormed into the house of the complainant, misbehaved with the ladies, taken away valuable articles of the household. A copy of the complaint petition is marked Annexure 1 to the quashing petition. On these allegations, the impugned order of cognizance was passed in the aforesaid manner. Let it be recorded that the petitioners herein are members of the Railway Protection Force (RPF) and...
Tag this Judgment!Kanhaiya Mahto and anr. Etc. Vs. State of Bihar and ors.
Court: Patna
Decided on: Sep-28-1999
R.A. Sharma, J.1. A Division Bench in Cr. W.J.C. No. 94 of 1998(R) has referred the following question relating to interpretation and scope of Proviso(a) to Sub-section (2) of Section 167 of the Code of Criminal Procedure (hereinafter referred to as the Code) for decision by the Full Bench:Whether the right of an accused for release on bail on an application made under Section 167(2)(a)(i) of the Code remains enforceable even after filing of the belated charge-sheet though filed after the said application but: before passing of the order for bail and/or before execution of the bail bond?The reason for referring the said question to the Full Bench is the different views, regarding the interpretation and scope of Proviso (a) to Section 167(2) of the Code, expressed by two different Division Benches of this Court in Dr. Braj Nandan Sharma @ Dr. B.N. Sharma v. The State of Bihar and Ors. 1997 BCCR 69 and in Chutar Mahto v. The State of Bihar and Anr. Cr. W.J.C. No. 02/98(r). Pending the ...
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