Patna Court December 2002 Judgments
Hindustan Lever Ltd. and anr. Vs. State of Bihar and ors.
Court: Patna
Decided on: Dec-16-2002
Nagendra Rai, J. 1. This writ petition has been filed for quashing the order dated January 10, 2002 passed by the Commercial Taxes Tribunal, Bihar, Patna, in Revision Case No. 24 of 2001, dismissing the revision application against the order dated January 24, 2001, passed by the Commissioner of Commercial Taxes, Bihar, Patna, in exercise of the suo motu power of revision, by which the learned Commissioner has upheld the order dated May 27, 2000 passed by the Assistant Commissioner of Commercial Taxes, Patna city (West) circle, Patna city, under the provisions of the Bihar Tax on Entry of Goods into Local Areas for Consumption, Use or Sale Therein Act, 1993 (hereinafter referred to as 'the Act'), read with the provisions of Section 17(2) of the Bihar Finance Act, 1981.2. The period for which the liability has been determined under the Act is October 15, 1998 to March 31, 1999. The tax has been determined as Rs. 59,16,941.51 and Rs. 2,020 has been added as penalty under Section 16(8) ...
Tag this Judgment!Mural Turi Vs. the State of Bihar
Court: Patna
Decided on: Dec-13-2002
A.K. Sinha and B.K. Jha, JJ. 1. This appeal has been directed against the order of conviction and sentence recorded by the IInd Additional Sessions Judge, Banka, in Sessions Trial No. 372 of 1995, whereby and whereunder the sole appellant has been found guilty and convicted for committing offences under Sections 302/201 of the Indian Penal Code and has been sentenced to undergo rigorous imprisonment for life under Section 302 of the Indian Penal Code and further sentenced to undergo rigorous imprisonment for a period of three years under Section 201 of the Indian Penal Code.2. The fardbayan of the informant Maneshwar Das was recorded by S.I. Tripurari Singh on 23-5-1994 at 8.15 a.m. at Katoriya P.S. The prosecution story as per the fardbayan is that the informant's daughter had gone to tend she goats in the morning hours of 21-5-1994 at 7.00 a.m. alongwith other villagers but when she did not return back till 11.00 a.m., the informant made query from one Chetani Devi, who disclosed t...
Tag this Judgment!Nirmal Kumar Jha and ors. Vs. State of Bihar and ors.
Court: Patna
Decided on: Dec-12-2002
Ravi S. Dhavan, C.J. 1. This is Letters Patent Appeal filed to challenge the order dated 8-12-1994 on C.W.J.C. No. 5811/91, Nirmal Kumar Jha and Ors. v. The State of Bihar and Ors., The appellants seek appointment as Elementary and/or Primary School Teachers. By the writ petition they sought a writ of certiorari to quash the order of the Director, Primary Education, Government of Bihar rejecting their representation claiming appointments on the post of teachers in elementary and/or primary schools. All things are considered. The operative portion of the judgment of the learned Judge is relevant. This is reproduced. 'In the result, the petitioners are not entitled to the reliefs claimed. However, they shall be entitled to apply for consideration for appointment under the new Rules as and when the vacancies arise and are advertised subject to fulfilling the necessary conditions; and the State Government may consider the question of relaxation of age bar in suitable cases so as to minim...
Tag this Judgment!Dr. Gopal Krishna Palei Vs. the Chancellor of Universities of Bihar (P ...
Court: Patna
Decided on: Dec-11-2002
Narayan Roy, J.1. Heard the parties.2. This writ application is directed against the order dated 17th May, 2001 passed by the Chancellor, Universities of Bihar as contained in Annexure-1 whereby and whereunder respondent No. 9 has been declared senior to the petitioner.3. From the pleadings of the parties, the facts which have arisen for consideration are as follows:4. The petitioner vis-a-vis respondent No. 9 appointed lecturers in the Department of Mathematics, Patna University and they joined the Department on 13-1-1983 and 2-2-1983. After completion of statuary period for promotion to the post of Reader, seven lecturers of the Department of the Mathematics including the petitioner and respondent No. 9 were granted provisional promotion of the post of Readers of Patna University under the Statute regarding merit promotion scheme in anticipation of concurrence of the Bihar State Universities (Constituent Colleges) Service Commission (hereinafter referred to as 'the Commission') and ...
Tag this Judgment!Sriram Nonia Vs. Hridayanand Mishra and ors.
Court: Patna
Decided on: Dec-11-2002
S.N. Pathak, J. 1. The revisionist, Sriram Nonia, has come up before this Court assailing the order dated 27th February, 2001, passed by the 3rd Addl. Session Judge, Bhojpur, Ara in Cr. Revn. No. 260 of 2000, whereby the Sessions Court allowed the revision before it filed by the opposite party of the revision before this Court and set aside order passed by the executive Magistrate in a proceeding under Section 147 of the Code of Criminal Procedure in Case No. 1 of 1995.2. Facts relevant for this revision are, in short, that the revisionist. Sriram Nonia, had preferred the aforesaid Misc. Case No. 1 of 1995 before the Executive Magistrate under Section 147 Cr. PC claiming easementary right of passage over a piece of land 31-32 feet in length and 5 feet in width between the houses of one Kesho Prasad Upadhaya over Plot No. 59 and Hridayanand and others (O.P. of this revision) over Plot No. 61. Further it was the case of Sriram Nonia that he was living on Plot Nos. 55 & 56 under Khata No...
Tag this Judgment!Union of India (Uoi) Vs. Sharad Kumar
Court: Patna
Decided on: Dec-10-2002
M.L. Visa, J. 1. This application by the Union of India through the Assistant Commissioner of Income-tax, Central Circle 1, Patna, has been filed for cancelling the bail granted to the opposite party by this court on April 30, 2001, in Complaint Case No. 394(c) of 1999. 2. According to the case of the petitioner, the opposite party is one of the partners of Birsa Live Stock Feeds and Additives and a search under Section 132 of the Income-tax Act, 1961, was conducted in the case of Sanwin Pharmaceu-ticals and during such search some documents pertaining to the assessee were seized and notices were sent to all the partners of the aforesaid firm to produce books of account and to furnish information and explanation on various points but there was no compliance and in view of the failure by the assessee accused to comply with the notice under Section 158BC read with Section 158BD and under Section 142(1) of the Income-tax Act, the assessment under Section 144 of the Income-tax Act was m...
Tag this Judgment!Union of India (Uoi) Through General Manager, North Eastern Railway Vs ...
Court: Patna
Decided on: Dec-09-2002
S.K. Katriar, J.1. The Indian Railways have preferred this appeal under Section 23 of the Railway Claims Tribunal Act, 1987, and is directed against the judgment dated 11.10.1999, passed by the learned Member (Technical), Railway Claims Tribunal, Bench at Patna, in Claim Application No. 9700208, Malti Kunwar v. Union of India, in terms of Section 124A of the Railways Act, 1989 (hereinafter to be referred to as ‘1989 Act’) whereby a sum of Rs. 2,00,000 have been awarded to the claimant with interest in the manner indicated in the order.2. We shall go by the description of the parties occurring in the claim case. Subhash Prasad (since deceased), the husband of the applicant (the respondent herein), was a G.R.P. constable at Raxaul Station. While in discharge of the duty, he was escorting 357 Up Darbhanga-Narkatiagunj passenger train, he accidentally fell down from the running train on 11.5.1997, and died on the spot. He was a part of the escort party for the protection of th...
Tag this Judgment!Laldhari Rai and ors. Vs. State of Bihar
Court: Patna
Decided on: Dec-04-2002
Bal Krishna Jha, J. 1. Both the appeals are directed against the judgment dated 24-9-1987: of learned Additional Sessions Judge-III, Arrah in Sessions Trial No. 78/1981 convicting and sentencing the appellants under Sections 302/149/148/147/323, I.P.C. and Section 27 of the Arms Acts, so they were heard together and are being disposed of by this common judgment.2. The appellant, Parasnath Rai, son of Rambrichh Rai, has been convicted under Section 302, I.P.C. and sentenced to rigorous imprisonment for life. The rest six appellants, Laldhari Rai, Jokhu Rai, Raja Ram Rai, Paras Rai, son of Ramdash Rai, Butan Rai and Ramadhar Rai (since dead) have been convicted under Section 302/149, I.P.C. and sentenced to rigorous imprisonment for life. The appellant, Ramadhar Rai (since dead) has further been convicted under Section 147, I.P.C. and sentenced to rigorous imprisonment for one year. The appellants, Parasnath Rai, son of Rambrichh Rai, Laldhari Rai, Jokhu Rai, Raja Ram Rai, Paras Rai, so...
Tag this Judgment!Dr. Nawal Kishore Prasad Vs. State of Bihar and ors.
Court: Patna
Decided on: Dec-04-2002
Chandramauli Kr. Prasad, J. 1. This application has been filed for quashing a portion of the notification dated 25-9-2000 (Annexure-6) whereby the petitioner, who was the Medical Officer, Additional Primary Health Centre, Nagarnausa in the District of Nalanda has been transferred to the Primary Health Centre, Durgavati in the District of Kaimoor. Further prayer of the petitioner is to quash the order dated 21-1-2001 (Annexure-17) whereby the representation filed against the order of transfer has been rejected. 2. It seems that in pursuance of the observation made by this Court in C.W.J.C. No. 4036 of 1999 (Ram Prakash Kuswaha v. State of Bihar and Ors.) a large number of medical officers, including the petitioner posted in a district for more than than 10 years on 30th of June, 2000 or more were transferred by notification dated 25th of September, 2000 (Annexure-G). Petitioner was transferred from Additional Primary Halth Centre, Nagar Nousa in the District of Nalanda to the Primary ...
Tag this Judgment!Baleshwaar Azad Vs. State of Bihar
Court: Patna
Decided on: Dec-02-2002
S.N. Pathak, J. 1. This revision is directed against the judgment dated 5th May, 2001, passed by 5th Additional Sessions Judge, Begusarai, in Cr. Appeal No. 80 of 1989 confirming the order of conviction recorded by the trial Court in its judgment dated 17th July, 1989 in G.R. Case No. 1286 of 1985. The revisionist was convicted under Sections 353, 504 and 448 of the Indian Penal Code and he was sentenced to undergo R.I. for three months, one month and one month respectively. All the sentences were directed to run concurrently. 2. The revisionists lawyer submitted that the P.Ws. failed to support the alleged obstruction to the functioning of the Circle Officer/informant, P.W. 3 Moreover, the revisionist was also a member of the meeting of Panchayat Samittee presided over by Pramukh P.W. 1, who had not told the police that the revisionist had appeared in the chamber of the circle officer and had either abused him or obstructed him in his official functioning. Whatever may be the case, ...
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