Patna Court September 2002 Judgments
Arjun Mahto Vs. the State of Bihar
Court: Patna
Decided on: Sep-30-2002
B.N.P. Singh, J.1. Though seven persons including the appellant were put on trial on accusation of executing killing of Degan Thakur, the appellant alone suffered conviction under Section 302 of the Indian Penal Code (IPC) and was sentenced to suffer imprisonment for life, others having been acquitted of the charges under Section 302/149 IPC, in a finding recorded by 4th Additional Sessions Judge, Nalanda at Biharsbarif, which is impugned in this appeal.2. Factual matrix as appearing from the fardbayan of Ram Rati Devi (PW 7), wife of the deceased Degan Thakur, and also narrations made by the witnesses at trial, are that during evening house of 15th January, 1976, the appellant alone with others (who have been acquitted of the charges), holding arms, came in front of door of her house and hurled abuses and exhorted Degan Thakur to come out of the house to meet his tragic end. Deceased Degan Thakur along with his wife Ramrati Devi, on hearing the call, came in the courtyard of the hous...
Tag this Judgment!Binod Kumar Yadav Vs. State of Bihar
Court: Patna
Decided on: Sep-28-2002
Aftab Alam, J.1. Heard Mr. Birendra Prasad Verma, Counsel for the petitioner.2. The petitioner had taken an advance for construction of a RCC road bridge. It is undeniable that he did not complete the construction within the stipulated time. In the Ekrarnama signed by him there was a stipulation that on failure to complete the work, he would be liable to refund the amount taken as advance, failing which the concerned authority would take legal steps for the realisation of the dues.3. It was in those circumstances that a proceeding under the Public Demands Recovery . Act was initiated against the petitioner in Certificate Case No. 4/2001-2002 before the Sub-Divisional Certificate Officer, Phulparas.4. As the petitioner did not make payment of the certificate amount he was sent to jail on 27.1.2002 from where he was finally released on 28.8.2002.5. Mr. Verma submitted that the realisation of the money advanced to the petitioner for construction of the bridge did not come within the mea...
Tag this Judgment!Biraj Bind and ors. Vs. the State of Bihar
Court: Patna
Decided on: Sep-27-2002
M.L. Visa, J.1. This appeal is directed against the judgment and order dated 26.9.1987 convicting and sentencing all the three appellants to undergo rigorous imprisonment for life under Section 302/34, Indian Penal Code.2. The case of prosecution in short is that on 11.8.1985 at about 7 a.m. deceased Sattan Bind taking a plough and pair of he-buffaloes, was going from his house to plough his field, through a village school when all the three appellants, armed with lathis came out running from their flour mill and assaulted Sattan Bind with lathis who fell down but the appellants even thereafter continued their assault on him. When informant Binita Devi (PW-6), wife of deceased seeing the occurrence, raised hulla and tried to rescue her husband appellant Jagdambi Bind removed her by pushing her and on her hulla her father-in-law Hajrangi Bind (PW-7), Baudhi Bind (PW-5), Mahavir Harijan (not examined), Manikant Jha (PW-3) and many other villagers came there running and they also saw the...
Tag this Judgment!Nagendra Prasad Vs. Commissioner of Commercial Taxes and ors.
Court: Patna
Decided on: Sep-27-2002
1. Heard learned counsel for the parties.2. The petitioner, who is engaged in the business of manufacture and sale of country liquor, has filed the present writ application for quashing the letter dated June 5, 2002, as contained in annexure 4, wherein the Commissioner of Commercial Taxes, Government of Bihar, Patna (respondent No. 1) has directed the assessing officers to disallow the claim of discount on licence fee and excise duty as claimed by the persons dealing in country liquor and spiced country liquor and in case discount has been allowed then steps should be taken to file revision before him under the provisions of Section 46(4) of the Bihar Finance Act, 1981.3. In view of the nature of challenge to the notification, it is not necessary to state facts in detail. The only submission which has been advanced by Dr. Debi Prosad Pal, learned Senior Counsel is that the Commissioner of Commercial Taxes has no power to issue direction to the assessing authority under the provisions...
Tag this Judgment!Smt. Nirmala Devi Vs. Bihar State Financial Corporation and ors.
Court: Patna
Decided on: Sep-27-2002
1. In 1989 between the husband Ram Shankar Singh and his wife Nirmala Devi they procured a loan of Rs. 4 lakhs from the Bihar State Financial Corporation, Bhagalpur. The application by which the loan was granted was formalised and the sanction was made on 5.9.1990 (Annexure 2 to the writ petition). The amount which was given as loan was Rs. 4 lakhs. The purpose of the loan was to purchase a truck, a Tata Diesel Model LPT 1210 B/48 with GBS 40 alongwith six Nylone Tyres fitted with body. When it came down to the payment of the loan, the petitioner between 1991 and 1998 made some payment by 18 instalments. The highest amount paid was the first instalment being Rs. 30,000/- on 23rd April, 1996 and other instalments were Rs. 5,000/- an amount lesser than the higher instalment ever paid. 2. In accounting it is understood that any instalment paid is first adjusted against the interest. Since the petitioner did not discharge the loan for 12 years consequently recovery proceedings were take...
Tag this Judgment!Shree Kishanganj Flour Mills (Pvt.) Ltd. Vs. the Bihar State Electrict ...
Court: Patna
Decided on: Sep-27-2002
Aftab Alam, J.1. These two writ petitions, filed by the same petitioner, though seeking slightly different reliefs, arise from facts which are over - lapping and interconnected. These two cases were, therefore, heard together and are being disposed of by this common judgment.2. The petitioner company, running a flour mill took, in October, 1995 a high tension electricity connection with the contract demand of 250 K.V.A. It is asserted on behalf of the petitioner and not denied by the respondents that since the installation of the connection, except on one occasion it never committed a breach of the contract demand of 250 K.V.A., that is to say, the fluctuations of demand, except on one occasion, never crossed the permissible range of 10% of the contract demand. The only occasion when the maximum demand suddenly jumped upto a very high figure, far above the permissible range of 10% of the contract demand, took place in May, 2000 and the trivector metre reading taken on May 31, 2000 reg...
Tag this Judgment!Bharat Wagon and Engg. Co. Ltd. Vs. Union of India
Court: Patna
Decided on: Sep-26-2002
Heard learned counsel for the parties.2. The petitioner has challenged the order dated 27-3-2002 by which the Assistant Commissioner of Income Tax, Circle 2, Patna has amended the earlier assessment order in exercise of power under sections 154 and 155(4A) of the Income Tax Act and investment allowance allowed to the petitioner has been withdrawn for non-utilisation of the same within the statutory time-limit.3. It is an admitted position that the assessment was made and that order of assessment was subject to appeal and the appellate court has finally decided the matter. Thereafter, the respondent Assistant Commissioner in exercise of power under sections 154 and 155(4A) of the Income Tax Act issued notice to the petitioner to show cause as to why the aforesaid investment allowance be not withdrawn for its non-utilisation within the statutory time-limit and granted only one day time to the petitioner state its version.4. Learned counsel for the petitioner states that it was not possi...
Tag this Judgment!Ganeshi Poddar Vs. State of Bihar
Court: Patna
Decided on: Sep-26-2002
Manohar Lal Visa, J.1. This appeal is directed against the judgment dated 9.2.1998 and order dated 10.2.1998 passed by 3rd Additional Sessions Judge, Saharsa, in Sessions Trial No. 37/1997 convicting and sentencing the sole appellant to undergo imprisonment of life and to pay a fine of Rs. 1,000/- and in default thereof to undergo another term of RI for three months Under Section 302 of the Indian Penal Code {for short, I.P.C.).2. The case of prosecution as disclosed in the Fardbayan of informant Ram Bharosi Sharma, the then Choukidar (P.W. 9), in short, is that on 23.9.1996 at 4 p.m. informant heard Hulla raised in his Mohalla that appellant after assaulting his wife with fists and slaps pressed her neck as a result of which she died in the house. When the informant went to the house of appellant, Umda Devi (P.W. 5), mother of appellant told him that on the day right from 10 a.m. there was altercation between the appellant and his wife on account of grinding Marua and on that account...
Tag this Judgment!Bharat Wagon and Engineering Co. Ltd. Vs. Union of India (Uoi) and ors ...
Court: Patna
Decided on: Sep-26-2002
1. Heard learned counsel for the parties. 2. The petitioner has challenged the order dated March 27, 2002, by which the Assistant Commissioner of Income-tax, Circle 2, Patna, has amended the earlier assessment order in exercise of power under Sections 154 and 155(4A) of the Income-tax Act, 1961, and investment allowance allowed to the petitioner has been withdrawn for non-utilisation of the same within the statutory time limit. 3. It is an admitted position that the assessment was made and that order of assessment was subject to appeal and the appellate court has finally decided the matter. Thereafter, the respondent-Assistant Commissioner of Income-tax in exercise of power under Sections 154 and 155(4A) of the Income-tax Act issued notice to the petitioner to show cause as to why the aforesaid investment allowance be not withdrawn for its non-utilisation within the statutory time limit and granted only one day's time to the petitioner to state its version. 4. Learned counsel for the...
Tag this Judgment!Shankar Sharma Vs. State of Bihar and ors.
Court: Patna
Decided on: Sep-24-2002
Someshwar Nath Pathak, J.1. This revision is directed against the judgment dated 18.12.1995, passed by the Judicial Magistrate, 1st class, Khagaria in GR case No. 1150 of 1994 Tr. No. 334 of 1995.2. This revision petition has been filed by one Shankar Sharma who claims to be one of the injured along with the informant of the case Mangan Prasad Sharma, it has been submitted by the revisionist's lawyer that the trial Court acquitted the accused persons of the case on the basis of the compromise petition as also on the basis of the sole evidence of the informant. The trial Court also wrongly referred to the sections of the Penal Code in which charge-sheet was submitted by the police and in which cognizance was taken by the CJM. The offences under Sections 147, 148 and 149 were not compoundable. The revisionist had not entered in compromise although an order of acquittal was recorded on the basis of the compromise.3. Of course there appears to be some technical legal lapses and perhaps so...
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