Patna Court September 2000 Judgments
Tata Iron and Steel Co. Ltd. and anr. Vs. the State of Bihar and ors.
Court: Patna
Decided on: Sep-29-2000
R.N. Prasad, J. 1. In both the cases similar question of law and facts are involved. They have been heard together and are being disposed of by a common judgment. 2. In C.W.J.C. No. 1659(R) the petitioners have challenged the demand made vide letter dated 17-11-1985, Annexure-9, directing to deposit arrear of rent and cess for the period 1-1-1956 to 31st March, 1985 by 11th December, 1985 and also revised demand made vide letter dated 21-11-1985 directing to pay arrears of rent and cess by the aforesaid date i.e. 11th December, 1985. By amendment the petitioners have also challenged the order dated 2-1 -1986 passed by respondent No. 2, Annexure-15, by which the representation of the petitioners has been rejected. 3. In C.W.J.C. No. 1671/91 (R) the petitioners have challenged the order dated 10-6-1991 directing to pay cess for the period 11-4-1985 to 21-3-1990 by 20-6-1991, Annexure-30, pursuant to the order dated 29-5-1991 passed in certificae case No. 3/ 90-91, Annexure-29. However...
Tag this Judgment!Basudeo Yadav Vs. the State of Bihar and ors.
Court: Patna
Decided on: Sep-29-2000
Radha Mohan Prasad, J. 1. As in all these writ petitions the question involved is common, they have been heard for final disposal by a common order. 2. In all these writ petitions the petitioners are aggrieved either by rejection of their applications for renewal of licence; cancellation of licence to run saw mills granted under the provisions of the Bihar Saw Mills (Regulation) Act, 1990 (hereinafter referred to as 'the Act'); or denial of consideration of their cases for renewal/grant of licences for running saw mills, though they claimed to have submitted applications and in some cases also deposited the requisite fees. 3. The case of the petitioners is that they have established saw mills which are their source of livelihood outside the forest area, yet the licensing authorities have arbitrarily denied grant of licence under the Act to run the saw mills either by refusal of renewal; cancellation of licence or by their non-disposal of the applications for renewal/grant of licence. ...
Tag this Judgment!Kapoor Brothers Vs. Union of India and ors.
Court: Patna
Decided on: Sep-29-2000
Choudhary S. N. Mishra, J.In these writ applications the prayer of the petitioner is for quashing the proceeding initiated by the respondent-joint Commissioner of Income-tax, Special Range, Ranchi (respondent No. 3) under section 147 of the Income Tax Act, 1961 (hereinafter referred to as the 'Act'), for reopening the assessment for the assessment years 1989-90 to 1995-96 including the notices dated 13-3-2000, issued under section 148 of the Act directing the petitioner to file the return for the assessment years aforesaid within the time mentioned in the notice itself for the purpose of making the reassessment for the period, in question. Further prayer of the petitioner is for restraining the respondent authority from taking any action in terms of section 147 of the Act including passing any reassessment order.2. Learned counsel has challenged the very initiation of the proceeding on the following grounds : (i) the instant proceeding initiated against the petitioner for reopening of...
Tag this Judgment!isteyaque Ali Vs. State of Bihar and anr.
Court: Patna
Decided on: Sep-29-2000
1. This Criminal Revision has been filed by the sole petitioner against the order dated 25-9-1999 passed in M. Case No. 186/99 by which the learned Executive Magistrate passed an order under Section 133 of the Code of Criminal Procedure directing the petitioner to remove the wire fencing and drain from the 12 feet passage situated on Municipal Plot No. 577 measuring an area of 10 decimals.2. The short facts giving rise to this Revision is that the Opposite party No. 2 had filed a petition before the learned Sub-Divisional Magistrate, Lohardaga stating therein that the land appertaining to Plot No. 1389 corresponding to Lohardaga Municipal Survey Plot No. 577 having an area of 10 decimals situated at village Nadia Amlatoli, Lohardaga has been purchased in the year 1935 from the ancestors of the petitioner in which there was 20 passage. It was further alleged that the petitioner wants to grab the said land and has blocked the said passage and also has been using the drain as a result of...
Tag this Judgment!Trilok Singh @ Tarlo Chand and ors. Vs. State of Bihar and anr.
Court: Patna
Decided on: Sep-27-2000
M.L. Visa, J.1. This application is for issuance of a Writ of habeas corpus or any other appropriate Writ, direction or order for the release of petitioners who are detained in Adarsh Central Jail, Beur, Patna, in Special Case No. 40/99 under Sections 20, 23 and 25 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short, 'NDPS Act') pending in the Court of Additional Sessions Judge-XI, Patna.2. The facts, in short, giving rise to this application are that on receipt of a secret information on 12.11.99 regarding trafficking of 'Ganja' concealed beneath bamboo cut pieces on a truck bearing No. USH-3965 and likely to be unloaded at village Jethuli, the officers of Directorate of Revenue Intelligence (in short, DRI), Regional Unit, Patna rushed to Baikhathpur about 10-11 kms. away from Jethuli and they ambushed the departmental vehicle beside a petrol pump and kept surveillance on the vehicles coming from Bakhtiyarpur towards Jethuli. At about 3.00 hours the officers of DRI ...
Tag this Judgment!Prabhat Chandra Roy (Deceased) Substituted by Patroleka Roy and ors. V ...
Court: Patna
Decided on: Sep-27-2000
A.K. Prasad, J. 1. This Letters Patent Appeal is directed against the judgment of the learned single Judge of this Court in F.A. No. 134 of 1984 (R), while reversing the judgment and decree of the trial Court dated 28.6.1984 in P.S. No. 143 of 1982 and decreeing the suit of the plaintiffs for partition of the suit property, which is fully described at the foot of the plaint. The suit property is a building with vacant land, which measures 10 Cotthas and two Chataks, which is situate in village Kadru, Mohalla-Office Pada, within the police station Doranda, in Ranchi town.2. It is admitted fact that Prafulla Chandra Roy was the common ancestor of the parties. It is further admitted fact that the parties are Hindus, governed by Dayab-haga School of Hindu law in the matter of succession and inheritance. It is undisputed that the land in question was acquired by Prafulla Chandra Roy under Chhaparbandi registered lease dated 28.4.1990. It is not in controversy that Prafulla Chandra Roy, th...
Tag this Judgment!Oriental Insurance Co. Ltd. and Another Vs. Shashi Mohan Singh
Court: Bihar State Consumer Disputes Redressal Commission SCDRC Patna
Decided on: Sep-27-2000
A.N. CHATURVEDI, President 1. This appeal by opposite party-appellants is directed against an order dated 16.9.1996 passed by District Forum, Darbhanga, in Complaint Case No. 52 of 1994 whereby the District Forum has directed the opposite party-appellants to pay to the complainant (respondent) Rs. 40,742.71 paise as the balance amount of the insurance claim with interest at the rate of 6% from 13.12.1993 to the date of payment. There is further direction for payment of Rs. 300/- as cost. 2. It appears that the complainant-respondent filed a complaint before the District Forum alleging therein that his Maruti Van bearing registration number D.D.V.-7806 which was under insurance cover provided by the opposite party, met an accident on 20.6.1993. Information regarding accident was given to the Branch Manager (opposite party No. 2) of the Oriental Insurance Company on 21.6.1993 with a request to make spot survey. Surveyor Er. R. Lal was deputed by opposite party No. 2 for spot survey of th...
Tag this Judgment!Zubair Alam Vs. State of Bihar and ors.
Court: Patna
Decided on: Sep-26-2000
Deoki Nandan Prasad, J.1. This application under Article 226 of the Constitution of India has been filed by the petitioner for quashing the Order dated 3.4.2000 passed in Confiscation Revision No. 8 of 1998 by respondent No. 4, Secretary, Forest & Environment Department, Patna, whereby and where under the Order passed by the respondent No. 3. Deputy Commissioner, Palamau in Confiscation Appeal No. XI/22 of 1997-98 dated 1.4.1998 was set aside and the order passed by the respondent No. 2 Authorised Officer-cum-Divisional Forest Officer, Garhwa in Confiscation Case No. 1/97 dated 16.9.1997 was confirmed, by which Truck bearing No. BRO/1085 was ordered to be confiscated.2. The short facts giving rise to this application is that on the basis of the report of the Forest Guard and on the recommendation of Range Officer, Chainpur, a Forest Case under Sections 33, 41 and 42 of the Indian Forest Act was registered against the petitioner and others and the confiscation was initiated. There was ...
Tag this Judgment!Jai Shankar Jha and anr. Vs. State of Bihar
Court: Patna
Decided on: Sep-26-2000
M.L. Visa, J.1. This appeal is directed against the judgment and order dated 11.1.94 and 18.1.94, respectively, passed by the Sessions Judge, Darbhanga, in Sessions Trial No. 109/91 convicting and sentencing the appellants to undergo imprisonment for life under Sections 302/34, 304B/34 and 120B of the Indian Penal Code (in short, IPC). Appellants have further been convicted under Section 328, IPC but no separate sentence has been passed under this head.2. The case of prosecution, in short, is that Sudha Devi, daughter of informant Hit Narayan Mishra (PW 3) was married to appellant Jai Shankar Jha about four years before the occurrence and three years after the marriage and about 11 months prior to occurrence after 'Bidai' ceremony, Sudha Devi went to her 'Sasural' and was living there but both the appellants along with co-accused Shri Narain Jha (since dead) who was father-in-law of Sudha Devi started torturing and assaulting her for the reason that she had not brought a television se...
Tag this Judgment!Naujadik Yadav and ors. Vs. State of Bihar
Court: Patna
Decided on: Sep-25-2000
M.L. Visa, J.1. This appeal is directed against the judgment and order dated 16.6.87 passed by 2nd Addl. Sessions Judge, Patna in Sessions Trial No. 201 of 1982 convicting and sentencing all the appellants to undergo imprisonment for life under Section 302 read with Section 149 of the Indian Penal Code (In short, I.P.C.). Appellant Naujadik Yadav has been further convicted and sentenced to undergo R.I. for one year under Section 27 of Arms Act but both the sentences passed against him have, however, been ordered to run concurrently.2. The case of prosecution in short is that at village Narauli Mathia, P.S. Paliganj, District Patna a wrestling competition was used to be organised on every Sunday under the management of Bujhawan Yadav (PW 5). On 11.2.79 two wrestlers, namely, Rabindra Mochi of village Narauli Mathia and Pahalwan Rajan Yadav of village Pansari took part in the wrestling. When Rabindra Mochi defeated Pahalwan Rajan Yadav the appellants and their companions ran to assault ...
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