Patna Court April 2002 Judgments
Kamla Kahar and ors. Vs. State of Bihar
Court: Patna
Decided on: Apr-09-2002
1. This appeal is directed against the judgment and order dated 20.7.1987 passed to 5th Additional Sessions Judge, Rohtas in Sessions Trial No. 376 of 1985 convicting and sentencing the appellant Kamla Kahar to undergo life imprisonment under Section 302 of the Indian Penal Code (in short, IPC) and convicting and sentencing remaining appellants, namely, Baban Kahar, Murat Kahar and Mala Kahar to undergo rigorous imprisonment for three years under Section 325/34, IPC.2. The case of prosecution in short, is that on 14.4.1985 at about 4 p.m. appellant Kamla Kahar took his two bullocks in the Khalihan of informant Ram Janam Ahir (PW-3), situate towards west of village where informant had kept bundles of wheat crop and bullocks started eating wheat from those bundles. The informant raised protest and an altercation took place between him and appellant Kamla Kahar and by that time deceased Nagina Ahir, cousin of informant, also came there. In the meantime, remaining three appellants, namely...
Tag this Judgment!Bishwa Nath Banerjee Vs. State Bank of India and ors.
Court: Patna
Decided on: Apr-09-2002
Aftab Alam, J. 1. Heard Sri Sushanta Kumar Das, learned counsel appearing in support of this writ petition and Sri Mihir Kumar Jha appearing for the State Bank of India.2. The petitioner seeks to challenge an order, dated July 22, 2000, passed by the Branch Manager, Murliganj Branch of the State Bank of India. By that order the bank declined to accept the petitioner's claim for appointment on compassionate grounds following the death of his father while in the service of the bank. In the impugned order it is pointed out that on a reasonable calculation the monthly income of the family of the deceased would be Rs. 11,865 per month, the calculation is made on the basis of the accrual of interest on 75 per cent of the terminal dues paid to the deceased employee, apart from his own liquid assets. It is also pointed out that the deceased employee had four sons, three of whom were gainfully employed and the petitioner being the fourth son was sufficiently qualified to fend for himself. A c...
Tag this Judgment!Dr. Ajay Kumar Singh Vs. the State of Bihar and ors.
Court: Patna
Decided on: Apr-07-2002
Ravi S. Dhavan, C.J. 1. This petition should not become a subterfuge for the State so as.not to chase its pending revenues. The Court is not concerned as to how much revenue is due. In the present case, it is stated by AAG-2, the revenues due are over Rs. 180 crores (reference counter-affidavit-II filed by the Chief Secretary on 25 June; 2002). 2. The petition only highlights the situation that there are arrears due against the auction conducted to part with the privilege to vend liquor on licences granted to various persons. 3. In none of the five affidavits which are on record, of these three have been filed by the chief Secretary, there is any element of consciousness that public revenues which are to go into the State treasury, for the assignment of a contract on a public auction of licences to part with the privilege to vend foreign or country liquor, has seen deposits completely. 4. It is surprising that in none of the affidavits whether it is of the Chief Secretary or the othe...
Tag this Judgment!Md. Nurul Haque Khan Vs. Md. Mustafa Khan and ors.
Court: Patna
Decided on: Apr-04-2002
Radha Mohan Prasad, J.1. This appeal is directed against the judgment of affirmance passed in Title Appeal No. 23 of 1994 by the 2nd Additional District Judge, Arrah.2. The suit was filed by the plaintiff-appellant and Respondent 4th set for simple partition claiming 3/5th share in the suit property as according to them the same was purchased from the nucleus of joint family in the name of defendant No. 1 and the plaintiffs, defendant No. 1 and defendant 2nd set are full brothers and sons of late Sadique Md. Khan having equal share of 1/5th in the same. According to the plaintiffs, their father died in the year 1989 and their mother who is alive lives with plaintiff No. 3 and they and their father and mother were members of joint family. Previously, their father Sadique was manager (Karta), who became old and since 1950, defendant No. 1 Mustafa being eldest amongst brothers became the manager (Karta) of the family and was looking after the affairs and management of the family. It is c...
Tag this Judgment!Munna Singh and anr. Vs. State of Bihar
Court: Patna
Decided on: Apr-03-2002
Chandramauli K. Prasad, J.1. This application has been filed for quashing the order dated 6-9-2000 passed by the 3rd Additional Sessions Judge, Munger in Sessions Case No. 685 of 1998 whereby in exercise of power under Section 319 of the Code of Criminal Procedure it had summoned the petitioners to face trial in a case under Section 302/34 of the Indian Penal Code and 27 of the Arms Act.2. On the basis of a report given to the police, Mehus P. S. Case No. 219/97 dated 29-8-1997 was registered under Section 302/34 of the Indian Penal Code and 27 of the Arms Act in which petitioners Munna Singh and Arun Singh are named as accused in the First Information Report, besides Amir Singh and Ranjit Singh; The police, after investigation, submitted charge sheet dated 18-3-1998 against the aforesaid two persons under Section 302/34 of the Indian Penal Code and 27 of the Arms Act but kept the investigation pending in respect of these two petitioners. Lateron, police submitted final report and did...
Tag this Judgment!The Institute of Business Management and Vs. State of Bihar and ors.
Court: Patna
Decided on: Apr-02-2002
Sachchidanand Jha, J.1. The dispute in these two writ petitions relates to holding of examination in the Master of Business Administration (MBA) Course for the students of the First Semester of 1998-2000 batch and Third Semester of 1997-99 batch of the Institute of Business Management, Bela, Darbhanga. In CWJC No. 11183/2001 the petitioner is the Institute, in the other case the petitioners are students. The cases have been argued treating CWJC No. 11183/2001 as the leading case though, counter affidavit on behalf of the University has been filed in CWJC No. 7096/2001.2. According to the petitioners, the Institute of Business Management, Bela, Darbhanga (hereinafter referred to as 'the Institute') was granted affiliation by the L.N. Mithila University (hereinafter referred to as 'the University') in the year 1984 itself, for the Sessions 1984-86, and the examinations have been held for the students of the Institute from time to time. The All India Council for Technical Education (AICT...
Tag this Judgment!Commissioner, Commercial Taxes and anr. Vs. Swarn Rekha Cokes and Coal ...
Court: Patna
Decided on: Apr-02-2002
S.N. Jha, J. 1. The dispute in this appeal by the Commissioner and Joint Commissioner (Administration), Commercial Taxes Department, Government of Jharkhand, arising from a writ petition relates to the applicability of Statutory Orders made by the Governor of Bihar In the successor State of Jharkhand upon division of the State under the Bihar Reorganisation Act, 2000 and entitlement of respondent No. 1 to the benefits of sales tax exemption on purchase of raw materials in terms of Statutory Order 478 dated 22.12.1995 of the Commercial Taxes Department.2. Respondent No. 1 M/s. Swarn Rekha Cokes and Coals Private Limited (hereinafter referred to as the respondent) filed writ petition, CWJC No. 11769/2000 (reported in 2002 (2) PLJR 299), seeking direction upon the respondents, namely, the officials of the Commercial Taxes Department, Government of Jharkhand and Bharat Coking Coal Limited (BCCL) to continue giving benefits of the exemption certificate dated 12.9.1997 granted by the Assis...
Tag this Judgment!Ram Chandra Ram Vs. State of Bihar and ors.
Court: Patna
Decided on: Apr-02-2002
Sachchidanand Jha, J.1. This Letters Patent Appeal arises from an order of learned single Judge by which he has dismissed the writ petition of the appellant. The appellant had challenged the order by which he had been awarded punishment of stoppage of one annual increment in a departmental proceedings. It was submitted on behalf of the appellant that the punishment had been awarded by the District Superintendent of Education, Sitamarhi on the direction of the District Magistrate, Sitamarhi though the power vests in the District Education Establishment Committee. Simply because the District Magistrate is Chairman of the Committee, it does not empower him to take final decision without consulting the Committee.2. It appears that the appellant was proceeded against on seven- fold charge which included the charge of consuming liquor during office hours on July 24, 1998, coming to the office in an inebriated condition and abusing staff of the office and obstructing the office work, remaini...
Tag this Judgment!S.C.i. India Ltd. Vs. State of Bihar and ors.
Court: Patna
Decided on: Apr-02-2002
Sachidanand Jha, J.1. The dispute in this case relates to claim for exemption from sales tax on sale of finished product, namely, Extra Neutral Alcohol manufactured by the petitioner-company in terms of the Industrial Policy Resolution (IPR).2. The Government of Bihar declared a new Industrial Policy in the year 1995 modifying the 1993 policy, with the avowed object of attracting investment in new industries and motivating the existing units to make further investment by way of expansion and/or diversification in order to accelerate the pace of economic growth. The policy contemplates giving different kinds of incentives, one of the incentives being by way of exemption from sales tax on the purchase of raw materials and sale of finished goods. Clause 16.1 provides that the new units will be allowed the facility of either 'set-off or 'exemption', at their choice, on purchase of raw materials within the State for a period of ten or eight years, depending on the situation of the unit in ...
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