Patna Court March 2000 Judgments
SatyanaraIn Prasad and ors. Vs. State of Bihar and anr.
Court: Patna
Decided on: Mar-18-2000
1. The petitioners have filed the present application for quashing the order dated March 18, 1993, passed by the Special Subordinate Judge, Economic Offences, Patna, taking cognizance of the offence under Sections 276C and 277 of the Income-tax Act, in Complaint Case No. 31(C) of 1993. 2. Opposite party No. 2, Assistant Commissioner of Income-tax, Arrah, filed a complaint petition before the Special Court, Economic Offences, Patna, stating, inter alia, that the firm of M/s. Satya Narain Pd. Bhola Prasad is a registered firm and derives income from the sale of mustard oil, vegetable oil, sugar and maida, etc. The petitioners are the partners of the said firm and having share in the profit and loss of the business, they are equally responsible for every act and business of the firm. On October 30, 1990, they filed return showing a total income of Rs. 1,04,807 for the assessment year 1990-91. However, the assessing authority, computed the assessment on a total income of Rs. 6,74,722, und...
Tag this Judgment!Dr. Pramod Kumar Singh Vs. State of Bihar and ors.
Court: Patna
Decided on: Mar-16-2000
B.P. Singh and A.K. Ganguly, JJ.1. We have heard Counsel for the parties.2. The Districts Judges have sent their reports to this Court from which it appears that there are three primary reasons for delay in disposal of cases under the Juvenile Justice Act. In many of the districts, the Court is not available to take up these matters. The second reason is that the witnesses do not appear when the case is fixed for trial. Lastly, the accused themselves default in the matter of appearance.3. The problem being faced by the juvenile justice courts are more or less the same as are faced by the other courts. The special treatment given to the juvenile must be recognised and therefore, some effort has to be made to dispose of such matters as quickly as possible. At the same time, keeping in view the larger interest of justice, no straitjacket formula can be prescribed. However, taking note of the gravity of the situation, we are passing these directions today.4. The courts trying juveniles wi...
Tag this Judgment!Fertilizer Corporation of India, Sindri Unit Vs. Koya Colliery Private ...
Court: Patna
Decided on: Mar-16-2000
S.K. Chattopadhaya, J.1. The defendant-appellant has impugned the Judgment and decree dated 6.3.1986 passed in Money Suit No. 210 of 1975 allowing the claim of the plaintiff-respondent in part with future interest as well as costs.2. The appellant being erstwhile owner of Kuya and Khas Kuya collieries filed a suit for realisation of Rs. 2,37,115.09 paise for the price of coal supplied to the defendant including transport charge and security. The amount of security having been received by the plaintiff in view of order dated 2.1.1986, the relief was confined to realisation of Rs. 2,17,715.09 paise.3. The case of the plaintiff, inter alia, is that since 1956 it was supplying coal of Grade-I to the defendant and the defendant by its letter dated December, 1971 agreed to buy five thousand tonnes per month from January 1972 up to June 1972 from the plaintiff. In pursuance of certain contract the plaintiff has supplied coal to the defendant as under;2nd fortnight of April, 1972...2659. 190 ...
Tag this Judgment!State of Bihar, Etc. Vs. Mukul Mahto and ors. Etc.
Court: Patna
Decided on: Mar-16-2000
A.K. Prasad, J.1. This appeal under Section 378 of the Criminal Procedure Code by the State of Bihar is directed against the judgment dated 2nd February, 1990, in ST No. 37 of 1985 passed by Sri Piyus Xess. the then 1st Addl. Sessions Judge, Dhanbad, acquitting the respondents/accused of the charge under Sections 302/34 of the Indian Penal Code and Sections 307/34 of the Indian Penal Code.The informant Gulu Mahto has preferred Cr. Revision No. 61 of 1990 (R) against the said acquittal of all the opp. parties/accused in the above mentioned ST No. 37 of 1985.Both the appeal and the revision arise out of the common judgment and order which have been heard together and are being disposed of by this common judgment.2. Briefly put, the prosecution case, as made out in the First Information Report, lodged by Gulu Mahto the informant (PW-10) with Baliapur police station on 13.8.1984 at 8 a.m. is as under:On 12.8.1984 at about 7.30 p.m. while the informant was sleeping in his house, his brothe...
Tag this Judgment!Khantar Mandal Vs. State of Bihar and ors.
Court: Patna
Decided on: Mar-14-2000
Narayan Roy, J.1. Heard Mr. Parmeshwar Prasad, learned Counsel appearing on behalf of the petitioner and Mr. S. Pandey, learned Counsel appearing on behalf of respondent No. 3.2. By this writ application, the petitioner has prayed for quashing the orders as contained in Annexures 4 and 5, whereby and whereunder notice was issued to respondent No. 3, the land-holder, and the proceeding under Section 48-E of the Bihar Tenancy Act, 1885 (hereinafter to be referred to as 'Act') was decided against the petitioner.3. It appears that the petitioner filed as application under Section 48-E of the Act before the authority concerned, to prevent the threatened ejectment by the land-holder, respondent No. 3. Pursuant to the application filed by the petitioner, a case under Section 48-E of the Act was registered and directions were issued for issuance of notice to the land-holder, respondent No. 3. After appearance of respondent No. 3, the matter was heard by the Collector under the Act and the Col...
Tag this Judgment!Ram Naresh Singh Vs. the State of Bihar and ors.
Court: Patna
Decided on: Mar-14-2000
Ravi S. Dhavan, C.J. and Aftab Alam, J. 1. The petitioner is operating a private vehicle for commercial purposes and is using it for plying passengers between Bakhtiyarpur, in the District of Patna, and Harnaut, in the district of Nalanda. 2. In this writ petition, he seeks to challenge an order, dated 18-6-1998 (Annexure 1) issued by the Sub-divisional Officer, Barh-cum-Chairman, Notified Area Committee, Bakhtiyarpur, Patna. By the Impugned order the Sub-divisional Officer has declared a piece of land, described in the order, as the Taxi stand for Bakhtlyarpur and has taken steps for its settlement for collection of tolls etc. By the same order, the Sub-divisional Officer has fixed the rates of tolls payable by different kind of vehicles, Other conditions for the use of the Taxi stand have also been laid down. 3. The grounds on which the petitioner first place it is submitted that following the74th amendment in the Constitution, Section 388 of the Bihar & Orissa Municipal Act w...
Tag this Judgment!State of Bihar and ors. Vs. Anil Kumar
Court: Patna
Decided on: Mar-13-2000
B.P. Singh and A.K. Ganguly, JJ. 1. This appeal has been preferred by the State of Bihar and is directed against the judgement and order of a learned Judge of this Court dated 11th March, 1998 in CWJC No. 8576 of 1997. The learned Judge allowed the writ petition preferred by the respondent herein and quashed the impugned orders dated 24-5-1997, (Annexure-7), and the subsequent order dated 8th of September, 1997 whereby it was directed that the respondent shall not be allowed to appear in the final MBBS examination in view of the pendency of inquiry in relation to the caste certificate produced by him. The said admission was later cancelled on the ground that the caste certificate furnished by the respondent had been found to be forged and fabricated. The learned Judge noticed that from the inquiry report it appeared that the authorities were under the impression that the respondent was admitted on the basis of the caste certificate issued by the Sub-divisional Officer, Hilsa on 7th ...
Tag this Judgment!Kaushal Kishore and Etc. Vs. Union of India (Uoi) and ors.
Court: Patna
Decided on: Mar-13-2000
S.K. Katriar, J. 1. Both the writ petitions are directed against the same selection process whereby Navin Kumar (respondent No. 7 in both the writ petitions), has been appointed for retail outlet dealership of the Bharat Petroleum Corporation Ltd. (hereinafter referred to as 'the Corporation') (respondent No. 6) for village Hulasganj, district Jehanabad. The common feature in both the writ petitions is that Navin Kumar (respondent No. 7 in both the writ petitions), has been appointed to the exclusion of the petitioners of both the writ petitions. Hence the two writ petitions. 2. The entire facts in this judgment would be taken from the pleadings in C.W.J.C. No. 6819 of 1999, except paragraph 9 hereinbelow which alone deals with C.W.J.C. No. 2927 of 1999. 3. The Corporation had issued an advertisement which had appeared in the local dailies on 14-6-1998 (Annexure-1), inviting applications for appointment of retail outlet dealers for eight places in Bihar Including the place in questio...
Tag this Judgment!Sri Anil Kumar Vs. Smt. Shweta @ Kinni
Court: Patna
Decided on: Mar-13-2000
S.N. Pathak, J.1. This revision is directed against the order dated 20.3.99 passed by Principal Judge, Family Court, Patna, directing the revisionist to pay Rs. 2,000/- per month as maintenance to the opposite party of this revision as also Rs: 5,000/- as lump sum towards the litigation cost in Matrimonial Case No. 205/96.2. It was contended before me by the revisionist appearing in person that the learned Court wrongly held that the revisionist was having an income of Rs. 1/- lac per month from business being run by his family. As a matter of fact, the entire business-concerns were being owned by his father and brother and the revisionist himself was not running independent business of his own. Of course, the revisionist was having a share business earlier, but the share business had been running recently in slump, and therefore, the revisionist was not having a handsome income to pay Rs. 2,000/- to the opposite party of this revision per month as maintenance. The opposite party has ...
Tag this Judgment!Bishwa Nath Prasad Vs. State of Bihar
Court: Patna
Decided on: Mar-10-2000
P.K. Deb, J.1. This application under Section 482 of the Code of Criminal Procedure has been filed by the above-named petitioner who has been summoned by the Special Judge, E.C. Act in E.C. Case No. 8 of 1991 for quashing the entire criminal proceedings including the order of cognizance dated 18.12.1995.2. The above-mentioned case was registered as Buxar Town P.S. Case No. 44 of 1991 under Section 7 of the Essential Commodities Act for violation of the Bihar Trade (Licences Unification) Order, 1984. On 2.2.1991, Mr. Suryadeo Tyagi, ex-Member of Legislative Assembly, brought allegation that on that date, he got the tank of his Ambassador car bearing Registration No. CY 212 filled by petrol from the petrol pump belonging to the petitioner but after going some distance, the engine of the car was stopped and it started fuming and he could understand that the petrol which was filled from the petitioner's pump, was adulterated having mixed with kerosene. As soon as the information was made,...
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