Patna Court August 2000 Judgments
Tata Cummins Ltd. and anr. Vs. State of Bihar and ors.
Court: Patna
Decided on: Aug-24-2000
1. Heard Mr. L.K. Bajla, learned Counsel for the petitioners and learned Government Advocate.2. In this Writ application, the petitioner, who is an industrial unit, seeks appropriate relief for exemption from payment of sales tax on the furnished products manufactured and sold materials as well as purchase of raw materials under the Industrial Policy, 1995.3. The petitioners case is that the petitioner-Industry was set up and came into production between 1st September, 1995 to 31st August, 2000 and, therefore, it is entitled to get exemption in view of the Government Notification No. S.O. 478 and S.O. 479 dated 22nd December, 1995.4. It appears that the claim of the petitioner was rejected by the Deputy Commissioner, Commercial Taxes as back as in 1998, which is evident from the letter dated 2.11.1998, a copy of which has been annexed as Annexure 16 to the Writ application. The ground of rejection was that the petitioner did not fulfil the conditions contained in the policy of the 199...
Tag this Judgment!P.K. Bahal Vs. State of Bihar and ors.
Court: Patna
Decided on: Aug-24-2000
Prabhat Kumar Sinha, J. 1. This is an application under Section 482 of the Code of Criminal Procedure preferred by P.K. Banal, the then Senior Divisional Manager, Life Insurance Corporation of India ('Corporation', in short) at Patna for quashing order dated July 3, 1995 recorded by the Chief Judicial Magistrate, Patna in Complaint Case No. 666/M/95 whereby and whereunder cognizance of offence was taken under Section 10 of the Equal Remuneration Act, 1976 (' 1976 Act', in short) as also to quash the entire complaint case. 2. The facts, in brief, are that vide Annexure-1 the Labour Enforcement Officer, (Central), Patna forwarded complaint under Section 10 of the 1976 Act stating therein that the 1976 Act and Rules made thereunder were applicable to the accused and his establishment, but on inspection held on July 4, 1994 it was found that the petitioner had failed to maintain the Register in Form-D in contravention of Section 8 of the 1976 Act read with Rule 6 of the Rules made thereu...
Tag this Judgment!Arvind Kumar Vs. Nalanda GramIn Bank and ors.
Court: Patna
Decided on: Aug-24-2000
Radha Mohan Prasad, J. 1. In this writ petition, the petitioner has assailed the validity of the order of his dismissal, contained in Annexure 4, passed by the disciplinary authority as well as the order of the appellate authority, contained in Annexure 5, affirming the aforementioned order of dismissal and rejecting his appeal. 2. Learned counsel for the petitioner has, inter alia, submitted that the petitioner has been denied the opportunity of being heard at the appellate stage inasmuch as the appellate authority passed the impugned order (Annexure 5) suo motu without any notice to the petitioner, which has been held to be denial of reasonable opportunity. In this regard, he relied on a decision of this Court in the case ofJeevan Kumar Jayaswal v. New India Assurance Co. Ltd. 2000 (3) PLJR 285. It is submitted that in the said case the learned single Judge has relied upon a decision of the Apex Court in the case of Ram Chander v. Union of India AIR 1986 SC 1173 : 1986 (3) SCC 103 ...
Tag this Judgment!Bhagawan Singh Vs. Canara Bank and ors.
Court: Patna
Decided on: Aug-22-2000
Radha Mohan Prasad, J. 1. In this writ petition, petitioner is aggrieved by the order of his suspension passed on January 25, 1992 (Annexure '1') in contemplation of a departmental proceeding and also by order dated November 4, 1997 (Annexure-2) issued in modification of the aforementioned order continuing him under suspension pending criminal case/disciplinary proceedings contemplated against him. 2. It is submitted on behalf of thepetitioner that the impugned order ofsuspension is fit to be quashed on the soleground that it has now prolonged for over eightyears. Learned counsel for the petitioner hassubmitted that in any view of the matter underparagraph 521 of the Shastri Award which alsoforms part of the Regulation of therespondent-Canara Bank, petitioner aftercompletion of one year of his suspension isentitled for full pay and thus the respondentsmay be directed accordingly to pay full salaryto the petitioner since after completion of oneyear of his suspension. 3. Mr. Chittaranj...
Tag this Judgment!Raghunandan Sahu and anr. Vs. State of Bihar and ors.
Court: Patna
Decided on: Aug-22-2000
M.Y. Eqbal, J.1. In all these writ applications, since common questions of law and fact are involved, the same are disposed of by this common judgment.2. All the writ petitioners have prayed for quashing the order dated 30.6.2000 issued by the Inspector-General of Registration, Government of Bihar, whereby the petitioners along with others sought to have been transfered from one district to another district of the District Registration Offices.3. The facts of the matter lie in a narrow compass.4. The petitioners and others were initially functioning as extra clerks in the registration offices in the districts of State of Bihar and they were subsequently appointed on the post of temporary clerk. The petitioners case is that as per the Bihar Registration Manual, persons working as temporary clerk in a sub-registry offices of a district cannot be transferred, outside the district because such temporary clerks working in the district have separate cadre. It is stated that time to time the...
Tag this Judgment!V.S. Reddy and Biran Singh Vs. the Union of India (Uoi) and ors.
Court: Patna
Decided on: Aug-22-2000
Radha Mohan Prasad, J.1. In both the writ petitions, the question involved is common and the respondents are also common and as such after they were heard, orders were reserved for disposal together, as agreed upon by the learned Counsel for the parties.2. In the first case (C.W.J.C. No. 10684 of 1999), the petitioner was a Constable and in the second case (C.W.J.C. No. 11162 of 1999) the petitioner was a Lance Naik in C.R.P.F. when a departmental proceeding was initiated against them. In the first case, the petitioner was charged for carrying V.C.P. of Sarpanch secretly to share illegal gain with Lance Nayak Biren Singh (petitioner of second case) and in the second case, petitioner Biran Singh was charged for accepting the V.C.P. of village Sarpanch from the petitioner of the first case and carrying it to his home.3. In the departmental proceeding, the petitioners were awarded with punishment, vide Common Office Order No. P VIII. 15/95-133-EC II dated 17.1.1996. The petitioner of the...
Tag this Judgment!Baleshwar Mehta Vs. the State of Bihar and ors.
Court: Patna
Decided on: Aug-22-2000
Radha Mohan Prasad, J.1. The petitioner is aggrieved by the order dated 16.6.1998 of the appellate authority, namely, the Collector, Saharsa rejecting his appeal and affirming the order of cancellation of licence passed by the Sub-Divisional Officer, Saharsa and also by the order dated 15.6.1999 of the revisional authority declining to interfere with the order of the appellate authority and rejecting the revision, contained in Annexures 1 and 2 respectively.2. In short, the relevant facts are that the petitioner is a dealer of Public Distribution System Shop under Maheshpur Gram Panchayat, Ward No. 8 and holds Licence No. 51/85 for the said purpose issued under the Bihar Trade Articles (Licences Unification) Order, 1984. According to the case of the petitioner, he was authorized to distribute articles to the consumes of Ward No. 2. However, later he was allowed to shift his shop to Ward No. 3 and thereafter, has been distributing the articles to the consumers of Ward No. 3.3. It is st...
Tag this Judgment!Puna Oraon and anr. Vs. State of Bihar
Court: Patna
Decided on: Aug-22-2000
Narbdeshwar Pandey and Ashok Kumar Prasad, JJ.1. The appellants Puna Oraon and Balku Oraon have been convicted for the offence under Sections 302/34 of the Indian Penal Code and sentenced to undergo imprisonment for life by judgment dated 9th August, 1991 in Sessions Trial No. 215 of 1981.2. The case of the prosecution, in brief, is that on 31.10.1980, the deceased Sarwa Oraon had gone in the morning to his paddy field for harvesting. At about 10 O'clock, Gunga Oraon (PW-3) informed the informant Ratia Oraon (PW-5) that the appellants after committing murder of Sarwa Oraon had thrown his dead-body in the paddy field. On the basis of the above information, the informant Ratia Oraon (PW-5) submitted a written report before the Officer-in-Charge, Palkot Police Station. The police on the basis of the above report went to the place of occurrence and prepared the inquest report of the dead-body and ultimately sent the same for post-mortem examination. He also recorded the statement of the w...
Tag this Judgment!Mosamatt Parmeshwari Devi and anr. Vs. Geeta Devi and ors.
Court: Patna
Decided on: Aug-21-2000
Anil Kumar Sinha, J. 1. Both the Cases are taken up together as both arise out of the common judgment passed in Succession Certificate case No. 150/97 and 173/97. 2. Heard the learned counsel for both the sides on the interlocutary applications filed on behalf of the respondent No. 1 Geeta Devi, in both the cases which are kept at flag 'Y', wherein, it has been stated that the appellant preferred the instant first appeals against the order dated 2-12-1999 passed in Succession Certificate Case No. 150/97 and 173/97 by the District Delegate-cum--Sub-Judge, 1st, Dhanabad. who has been delegated the powers of the District Judge under Section 388 of the Indian Succession Art. 1925 (hereinafter to be referred as 'Act'). It has further been stated that under Section 388(2) of the Act, the appeal will lie before the District Judge against the order passed by the Sub-ordinate Judge exercising the powers of the District Judge delegate. It has, therefore, been prayed that the memorandum of appea...
Tag this Judgment!Dr. Sunil Kumar and ors. Vs. State of Bihar and ors.
Court: Patna
Decided on: Aug-21-2000
S.N. Jha, J.1. These three writ petitions on behalf of 10 petitioners have been filed seeking direction to allow them to appear at the competitive examination for appointment of Lecturers in the Bihar State Medical Education Service.2. When these petitions were filed, the examination was scheduled to be held on 25.6.2000. The examination stands postponed possibly on account of the dispute relating to the interpretation of eligibility Clause and the pendency of the writ petitions. According to the respondents, the candidates who possessed the requisite qualification upon the last day of submission of the application alone are eligible to appear at the examination, according to the petitioners, the candidates who acquired the requisite qualification upon the date of the examination are also eligible. Thus, the appearing candidates could also apply subject to their passing the post-graduate examination before the commencement of the competitive examination.3. A learned Single Judge of th...
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