Patna Court March 2001 Judgments
Bijay Metal Works and S.C.i. India Limited Vs. State of Bihar and ors.
Court: Patna
Decided on: Mar-30-2001
1. These two petitions are being taken up together as the issues raised are similar. Apart from that between the petitioner, Bijay Metal Works and in other petition S.C.I. India Limited, the two are not strangers and there is a nexus between the partners of one petitioner and the directors of the other. This aspect is not in issue and acknowledged by both the parties.2. The matter relates to the sale of country liquor and the issues are whether sales tax may be due and yet has to be paid by the petitioners to the State of Bihar. The petitioners have their own explanation that nothing is 'legally' due but the State of Bihar contends that such taxes are due, were collected, retained but not deposited. In between this lie the issues.3. The petitioners impugn the order of the Commercial Taxes Tribunal, Bihar, Patna, dated April 13, 1999 in Revision Case No. B.H. 155 of 1999 (Bijay Metal Works v. State of Bihar). The order of the Commissioner of Commercial Taxes in Revision Case No. C.C.(s...
Tag this Judgment!Bijay Metal Works, Etc. Vs. State of Bihar and ors. Etc.
Court: Patna
Decided on: Mar-30-2001
1. These two petitions are being taken up together as the issues raised are similar. Apart from that between the petitioner M/S Bijay Metal Works and in other petition M/S S.C.I. India Limited, the two are not strangers and there is a nexus between the partners of one petitioner and the Directors of the other. This aspect is not in issue and acknowledged by both the parties.2. The matter relates to the sale of country liquor and the issues are whether sales tax may be due and yet has to be paid by the petitioners to the State of Bihar. The petitioners have their own explanation that nothing is 'legally' due but the State of Bihar contends that the such taxes are due, were collected, retained but not deposited. In between this lie the issues.3. The petitioners impugn the order of the Commercial Taxes Tribunal, Bihar, Patna dated 13 April, 1999 in Revision Case No. B.H. 155 of 1999 Bijay Metal Works v. State of Bihar and Ors. The order of the Commissioner of Commercial Taxes in Revision...
Tag this Judgment!Bihar State Housing Board Vs. Krishna Gopal Chaubey
Court: Bihar State Consumer Disputes Redressal Commission SCDRC Patna
Decided on: Mar-30-2001
A.N. Chaturvedi, President: 1. This appeal by the opposite party Bihar State Housing Board is directed against an order dated 26.2.1998 passed by District Forum, Patna, in Complaint Case No. 92 of 1994 whereby the District Forum has directed the opposite party to allot a H.I.G. plot to the complainant (respondent) in Kankarbag area at the present price and to pay Rs. 5,000/- to the complainant as compensation and cost. 2. It appears that the complainant (respondent) filed a complaint petition before the District Forum on 20.9.1994 alleging therein that he in response to an advertisement of the Housing Board published on 6.12.1972 in daily newspaper Indian Nation, deposited Rs. 50/- on 12.12.1972 in the State Bank of India, Dumka, in favour of Bihar State Housing Board vide Bank Scroll No. 37 as registration fee for residential plot of land at Patna (Bahadurpur-Kankarbag). In continuation of the said advertisement dated 6.12.1972, the Housing Board published another advertisement in the...
Tag this Judgment!Daroga Shahi Awasiya Sanskrit Uchcha Vidyalaya and ors. Vs. State of B ...
Court: Patna
Decided on: Mar-28-2001
R.M. Prasad, J.1. Petitioner No. 1 is Sanskrit High School, Rampur, Muzaffarpur, petitioner No. 2 claims to be the Secretary and petitioner No. 3 claims to be the Headmaster of the said School (petitioner No. 1). Petitioner No. 4 claims that he donated valuable lands over which school building was constructed and established in the year 1980. According to the case of the petitioners, the respondent-Bihar Sanskrit Shiksha Board authorised the Chairman to take steps for recognition of the School on the basis of inspection report, whereupon the Chairman of the Board recommended for approval of the School in question on 18-9-1984, The State Government considering the report of the Chairman accorded recognition to the School without financial aid, vide order dated 29-1-1987 (Annexure-5). It is stated that some other similarly situated Sanskrit Vidyalayas, including respondents No. 4 to 7, were also accorded recognition without financial aid on 22-12-1987, vide Annexure-6, and subsequently ...
Tag this Judgment!State of Bihar Vs. Central Board of Direct Taxes
Court: Patna
Decided on: Mar-28-2001
Yesterday when this matter was called, one aspect was clear that the State of Bihar, was moving this writ petition through the Department of Excise and Prohibition but without the State making itself a party. The party respondent is the Unions of India and its constituents. The issue is whether the State of Bihar is amenable to answer the notice on the payment of income-tax of certain relevant years of a turnover which may have been generated as income consequentially, and, thus, attracting tax under the Income Tax Act, 1961 (hereinafter referred to as 'the Act) liquor in the State of Bihar is sold through a licensee, selected after a public auction.2. In effect, the case was between the State of Bihar and the Union of India. Yesterday a request was made to the court by the learned counsel for the petitioner that the Advocate General would appear in the matter, on behalf of the State of Bihar, and the matter to adjourned. An adjournment was granted.3. On behalf of the Union of India, ...
Tag this Judgment!Gyanti Devi Vs. State of Bihar and ors.
Court: Patna
Decided on: Mar-27-2001
1. This appeal arises from order of the learned single judge in C.W.J.C. No. 2734 of 2001 by which the learned Judge dismissed the writ petition of the appellant. By the order under challenge the exhibition of the film KOYA was suspended and the cinema hall was put under lock. The learned single Judge took the view that an order suspending the exhibition of the cinema show comes under Section 6 of the Bihar Cinema (Regulation) Act, 1954 (wrongly noted as Cinematograph Act in the order) and as that order is appealable under Section 7 of that Act but the appellant had not preferred an appeal against the order, he declined to entertain this petition. 2. When the appeal was taken up for preliminary hearing on 22-3-2001 counsel for the State fairly stated that provisions of Section 7 of the said Act are not attracted in the instant case but in view of the provisions of Sub-section (2) of Section 6 of the Act which provides information of the order by the State Govt. he took time for instr...
Tag this Judgment!Panchu Ram Vs. Bihar State Agriculture Marketing Board and anr.
Court: Patna
Decided on: Mar-27-2001
Radha Mohan Prasad, J.1. In this writ petition, the petitioner is aggrieved by the order contained in Memo No. 1676 dated 5-5-1998, (Annexure-7) passed by the Managing Director of the Bihar State Agricultural Marketing Board (hereinafter referred to as 'the Board'), whereby and whereunder his case for promotion or upgradation of pay scale of the Assistant Director has been rejected. The petitioner has also sought for direction to the respondents to issue necessary notification for promotion to the post of Assistant-Director with effect from 25-8-1986, the date since he is performing the duty of the post of Assistant Director with all consequential benefits.2. In short, the relevant facts are that in the year 1974, the petitioner was appointed on the post of Market Secretary in the service of the respondent-Board. According to the case of the petitioner, he, being the senior incumbent and entitled to get promotion on the post of Assistant Director on the basis of seniority and as per r...
Tag this Judgment!Anjani Kumar Mishra Vs. State of Bihar and ors.
Court: Patna
Decided on: Mar-27-2001
P.K. Deb, J.1. This review petition has been preferred under Article 226 of the Constitution of India in respect of an order passed on 4-2-2002 by the Hon'ble Mr. Justice S.J. Mukhopadhyaya, as he then was in this High Court in C.W.J.C. No. 8000/93.2. The present petitioner, Anjani Kumar Mishra was respondent No. 6 in the original writ petition. Five persons filed the above-mentioned writ petition challengr ing the appointment of respondents 5 to 9 on the ground that they were appointed without following the process of selection. All the private respondents had contested the writ petition and after adjudication it was directed to the official respondents to remove respondents 5 and 6 from the post of Clerk, if no formal order of termination is issued till date. Such order should be issued on an earlier date but not later on a period of a month from the date of receipt/production of the copy of the order. In respect of the present petitioner, it was held in the following manner in the ...
Tag this Judgment!Suba Yadav and ors. Vs. State of Bihar
Court: Patna
Decided on: Mar-24-2001
Indu Prabha Singh, J.1. All the appellants have been convicted under Section 395 of the Indian Penal Code and have been sentenced to undergo R.I. for ten years each.2. The prosecution case in short is that on 18/19th October, 1984 while the informant was sleeping in his 'Dalan' in the night and his son Mahendra Yadav and two labourers were also sleeping there. It has been alleged that in the midnight, one person came near the 'Chauki' of the informant and enquired from him that who he was. On being asked, he disclosed his identity as a policeman and in the meantime, three other persons also came there and they tied the hands and feet of the informant, his two sons and the two labourers. They also threatened that if they will raise alarm, they would be killed. It has been stated that the informant identified four miscreants by face in the light of 'Lantern' which was lit and was there in the 'Dalan. It has been stated that two of the miscreants had 'Lathi' in their hands and other two ...
Tag this Judgment!Jamuna Prasad Keshari @ Jamuna Prasad and ors. Vs. Ashok Kumar Jain
Court: Patna
Decided on: Mar-23-2001
S.N. Pathak, J.1. This second appeal has been preferred by the defendants of Title Suit No. 302 of 1974. The aforesaid title suit was filed by the plaintiff-respondent and the trial Court decreed the suit. The defendants filed the first appeal which was dismissed and then this second appeal. The trial Court passed the judgment on 10th August, 1976 and the appellate Court passed its judgment on 8th May 1986.2. The case of the plaintiff-respondents in the Court below was that Holding No. 304, having S.P. No. 3042 in Mohalla Rakabganj of Tekari Town, having an area of 6 decimals was orally purchased by the grand father of the plaintiffs in the year 1928 for Rs. 28. The vendor was Gauri Charan Lal, son of the recorded tenant. This purchase was made by Champalal in the Farzi name of his Bhagina Bala Bux. Bala Bux was mutated in the municipal records. However, Champalal owned and possessed holding No. 305 and, therefore, he amalgamated the holding Nos. 304 and 305 and opened urinal, Nail et...
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