Patna Court February 2002 Judgments
Jai Ram Das and Co. Vs. State of Bihar and ors.
Court: Patna
Decided on: Feb-06-2002
Nagendra Rai, J.1. The writ petitioner, who is engaged in the business of dealings in general mercantile goods including cigarette at Begusarai, has filed the present writ application challenging the assessment order passed by the Deputy Commissioner of Commercial Taxes, Begusarai, for assessment years 1993-94, 1994-95 and 1995-96 under Section 17(5) of the Bihar Finance Act, 1981 (hereinafter referred to as 'the Act') read with Section 8 of the Bihar Tax on Entry of Goods into Local Areas for Consumption, Use or Sale Therein Act, 1993 (hereinafter referred to as 'the BET Act'). The total tax liability has been determined as Rs. 5,55,865.86 paise and the penalty imposed thereon as Rs. 1,37,300.90 paise. The assessing authority has not accepted the claim of the petitioner for exemption from payment of entry tax under the BET Act on the ground that he is second buyer and not an importer as defined under the BET Act on account of non-filing the form ET-IX as prescribed under Rule 6 of th...
Tag this Judgment!Samsul Haque Vs. State of Bihar
Court: Patna
Decided on: Feb-06-2002
B.N.P. Singh, J.1. The appellant suffered conviction under Section 7 of the Essential Commodities Act for violation of the provisions of Bihar Trade Articles (Licensing Unification) Order, 1984 and was sentenced to suffer simple imprisonment for three months.2. Factual matrix - the Supply Inspector of Hajipur (Vaishali) during investigation, noticed that though the appellant was supplied 200 litres of kerosene oil by M/s. Ram Bilas Ram Ballabh, who was a wholesale dealer, on the date of inspection, that is, 14th July, 1986, there was shortage of 73 litres of kerosene oil in the drum of the appellant which ostensibly suggested sale of 73 litres of kerosene oil in blackmarket and on these accusations, Police case had been registered against the appellant, pursuant to which the appellant was put on trial.3. In the eventual trial, prosecution examined altogether 10 witnesses including the Reporting Officer, who happens to be , P.W. 2, seizure list witnesses, in whose presence measurement ...
Tag this Judgment!Green Polytubes Pvt. Ltd. Vs. State of Bihar and ors.
Court: Patna
Decided on: Feb-05-2002
R.S. Garg, J.1. By this appeal the appellant/petitioner seeks to challenge the correctness of the judgment dated 26.9.2001 passed in Green Poly Tubes Pvt. Ltd. v. The State of Bihar and Ors., C.W.J.C. No. 10859 of 2001.2. The short facts necessary for the present appeal are that the State of Bihar through Public Health Engineering Department came out with a Short Tender Notice for supply ofvarious items viz. ISI marked UPVc Plain Casing Pipes. The last date for submission of receiving and opening the tender was 25.1.2001. The appellant a registered Company engaged in manufacture of ISI marked UPVc Plain Casing Pipes (hereinafter referred to as 'Pipe' for short) has its Industrial Unit at Hajipur Industrial Area in the District of Vaishali. The petitioner/appellant says that he is registered under the provisions of the Bihar Finance Act, 1981 so also under the Central Sales-tax Act, 1956. The appellant claims that it being a new Industry, it is covered by Sales-tax Exemption Notificati...
Tag this Judgment!Bhagwan Das Vs. the State of Bihar
Court: Patna
Decided on: Feb-05-2002
B.N.P. Singh, J.1. The appellant was prosecuted along with one Ram Kishun Das for offences punishable under Section 307/34 of the Indian Penal Code and also under Section 3/5 of the Explosive Substance Act, 1908. As Ram Kishun Das died during pendency of trial, proceeding against him was dropped and it is how that the appellant alone was put on trial, who suffered conviction under Section 307 of the Indian Penal Code and also under Section 3 of the Explosive Substance Act and was sentenced to suffer rigorous imprisonment for ten years each under both counts with a direction that both the sentences shall run concurrently.2. The factual matrix as appearing in the fardbeyan of Ram Bali Rai (P.W. 3), was that on 14th January, 1980, while he was scraping the leaf from the sugarcane in the field along with his brother Amar Nath Rai, Ram Kishun Das (deceased) came along with the appellant and resisted them pursuant to which there was altercation between them and it is alleged that shortly th...
Tag this Judgment!A. Zaman Khan Kamal Vs. State of Bihar and ors.
Court: Patna
Decided on: Feb-05-2002
1. This habeas corpus petition has originated upon a telegram sent to this Court saying that the son of the petitioner, Badmzzaman Khan alias Bobby, has been taken away by the officers-in-charge of Laheriasarai and Keoti Police Stations, though he is not required in any criminal case.2. A counter-affidavit has been filed on behalf of the State stating therein that the son of the petitioner, Badmzzaman Khan alias Bobby was apprehended on 28.1.2002 in a Bank dacoity case pursuant to Station Diary Entry No. 442 dated 28.1.2002 and he was forwarded for his production before the Chief Judicial Magistrate, Darbhanga on 29.1.2002, but he could not be produced on that day, as there had been break down of the bus in the mid-way and on the next day i.e. 30.1.2002 the son the petitioner was produced before the Chief Judicial Magistrate, Darbhanga and he was remanded to judicial custody. It is further stated in the counter-affidavit that prayer for bail of the son of the petitioner has recently b...
Tag this Judgment!Jai NaraIn Dubey and anr. Vs. State of Bihar
Court: Patna
Decided on: Feb-05-2002
Indu Prabha Singh, J. 1. Both the appellants have been convicted under Section 7 of the Essential Commodities Act and sentenced to undergo rigorous imprisonment for six months each.2. The prosecution case as stated in the written report dated 25-4-1989 given by A.S.I. Baidnath Singh of Parihar P.S. is that for checking of smuggling of petroleum products from India to Nepal, informant Baidnath Singh, A.S.I., Constable Shiladhar Mishra and Chbwkidar, Badri Paswan were on duty at village Dharharwa near Dharharwa Kuti situated just by the side of Nepal Border. It has been stated that the abovenamed persons sat in a Kuti and they were Watching the situation and at about 4.30 a.m. they saw 4 to 5 persons coming towards Nepal after taking diesel kept in tins and jerricons on bicycle and on their heads. The informant and his other companions who were on duty, chased the aforesaid smugglers and blackmarketeers and out of them they caught Jai Narain Dubey alias Jiratia of village Dharharwa (app...
Tag this Judgment!Santosh Kumar and ors. Vs. Jugal Kishore Barnwal
Court: Patna
Decided on: Feb-05-2002
S. K. Katriar, J.1. The defendants are the petitioners in an eviction suit. This civil revision application under Section 14(8) of the Bihar Buildings (Lease, Rent & Eviction) Control Act, 1982 (hereinafter referred to as 'the Act'), is directed against the judgment dated 5-6-2000, passed by the learned Munsif, East Muzaffarpur, in Eviction Suit No. 15 of 1996 Jugal Kishore Barnwal v. Santosh Kumar and Ors., whereby the plaintiffs suit for eviction of the defendants from the suit premises on the ground of personal necessity in terms of Section 11(1)(c) of the Act has been decreed on contest with costs and the defendants have been directed to vacate the suit premises within a period of three months.2. We shall go by the description of the parties before the trial Court. The plaintiff instituted the suit for eviction of the defendants from the suit premises on the ground that the plaintiffs eldest son (Navin Chandra PW6) is unemployed, and the suit premises is needed to set up a busines...
Tag this Judgment!Ram Dai Devi Alias Ram Dei Devi Vs. State of Bihar and ors.
Court: Patna
Decided on: Feb-04-2002
1. Ram Dai Devi alias Rain Dei Devi is the appellant upon an order on CWJC No. 12014 of 2000 and CWJC No. 3412 of 2000, dated 22-1-2002. 2. Simply put what has happened is that she was one of the candidates who had applied for franchise for a retail outlet for petroleum product from the Indo-Burma Petroleum Company Limited. She was un-suited on the ground that the category upon which she rested her claim could not be conferred upon her. The category was to a freedom fighter applying for such a franchise. She was not a freedom fighter but the widow of a freedom fighter. Strictly upon consideration the respondents found that the category could not be stretched to her and, thus, she was unsuited. On being aggrieved she has filed the present Letters Patent Appeal. 3. The Court does not find any error in the order which has been impugned....
Tag this Judgment!Ravindra Nath Singh Vs. State of Bihar and anr.
Court: Patna
Decided on: Feb-04-2002
S.K. Singh, J.1. Heard the parties.2. Petitioner is an accused in a criminal case which was filed by opposite party No. 2. The allegations are to the effect that complainant owns Swaraj Tractor bearing registration No. UP-54A-5740 and in the night previous to 10-12-2000 the petitioner and some other persons forcibly took the said tractor along with its driver to their Darwaza. When the complainant went to make enquiry he was abused and forced to run away.3. The petitioner has challenged the impugned order dated 7-12-2001 by which learned Magistrate has rejected petitioner's prayer for release of the tractor in his favour and has allowed release in favour of OP No. 2 on five conditions mentioned in the last part of the order.4. According to petitioner, the learned Magistrate should have allowed the release in his favour for the reasons that the tractor was seized from his Darwaza and secondly, because as per a sale letter the said tractor has been sold by OP No. 2 to petitioner on 9-11...
Tag this Judgment!Raghu Nath Jha Vs. State of Bihar and ors.
Court: Patna
Decided on: Feb-04-2002
R.S. Garg, J.1. Parties are present. The District Magistrate is also present.2. On 7-1-2002, the Hon'ble Judge started proceedings with: Such absurd and meaningless litigation can take place perhaps only in this State. 3. The petitioner who is a Member of the Parliament, from his funds has proposed construction of a road for a sum of Rs. 14,48,700. The petitioner says and submits that almost about 75% of the construction work is over but unfortunately the then District Magistrate without taking the facts in true perspective for the reasons best known to him allowed the Marketing Committee to relay or rebuild the road for a sum of Rs. 22 lacs and odd.4. The petitioner's grievance further is that without any valid and tangible reason the construction could not be stopped. Learned Counsel for the Market Committee on the other hand submits that in January, 2001,a proposal for reconstruction of the road was made, the then District Magistrate approved the same but before estimate, etc. cou...
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