Patna Court December 2003 Judgments

K.M. Plastic Industries Dharampur Industrial Area and anr. Vs. Bihar S ...

Court: Patna

Radha Mohan Prasad, J.1. In this writ petition, grievance of the petitioners is against the respondent-Bihar State Financial Corporation for not exempting them from payment of interest for the period when delay in production was caused on account of non-supply of electricity which was restored to the premises only on 9.12.1999.2. In short, the relevant facts are that the petitioners purchased mortgaged assets of M/s. S.R. Plastic from the respondent Corporation and an agreement was executed for sale-cum-payment of balance loan on 31st March, 1998, a true copy whereof has been annexed as Annexure-1. The petitioners agreed to pay the balance consideration money of Rs. 2,80,000/- for the period of five years on quarterly basis at the rate of Rs. 14,000/-. According to the petitioners, it was never disclosed that there was outstanding dues of electric charges against the erstwhile owner. The petitioners despite best efforts could not start production in the factory as the electric line in...

Dr. Nand Kishore Prasad Vs. State of Bihar and ors.

Court: Patna

Narayan Roy, J.1. Heard counsel for the parties.2. Substantially, the petitioner prays for issuance of a writ of mandamus commanding upon the respondents to promote the petitioner notionally (i) to junior selection grade with effect from 1.4.1974, (ii) to senior selection grade with effect from 1.4.1980 and (iii) to super selection grade with effect from 3.6.1984.3. It appears that initially, the petitioner had prayed for issuance of direction to the respondents to promote him on the aforesaid scales and also pay him the retrial dues, as he superannuated on 31.1.1988.4. During the pendency of this application, as it appears, the retiral dues were paid to the petitioner, and, therefore, the petitioner confined this application only so far grant of notional promotion, as, referred to above, is concerned.5. According to the case of the petitioner, the petitioner was entitled for promotion for junior selection grade, senior selection grade under and super selection grade with effect from...

Laxman Choudhary Vs. State of Bihar and ors.

Court: Patna

Narayan Roy, J. 1. Heard counsel for the parties. 2. The petitioner confines this application to prayer Nos. 1 (b) and (c) only as mentioned therein. 3. It is submitted by learned counsel appearing on behalf of the petitioner that the petitioner though was eligible for consideration for promotion to the post of Assistant Sub-Inspector (hereinafter to be referred to as 'ASI') in 1995, as he has passed the CTS examination his case was not considered and juniors to him were promoted. 4. This Court vide order dated 18.11.2003 wanted to know from the State counsel as to whether pursuant to Annexure-3, which is the recommendation of the Department concerned to promote the petitioner any action has been taken in the matter or the petitioner has been considered for promotion, as he has passed the CTS examination in the year 1995. 5. Pursuant to the query of this Court, a supplementary counter affidavit has been filed stating herein that the case of the petitioner was not considered along wit...

Senbo Engineering Limited Vs. State of Bihar and ors.

Court: Patna

Aftab Alam, J. 1. M/s. Senbo Engineering Limited, the petitioner before this Court, had a claim that it demanded to be referred for arbitration as provided under the contract. The State Government, the other party disputing the petitioner's claim, nominated an arbitrator. The petitioner felt that the appointment of the arbitrator was made in breach of the relevant provisions of the contract. It, therefore, moved the Chief Justice under Section 11(6) of the Arbitration and Conciliation Act, 1996 making a request for appointment of an arbitrator on the plea that the nomination made by the State Government was non-est. The designated Judge took the view that since an arbitrator was already appointed, the petitioner's request for appointment of arbitrator was not fit to be accepted. The application filed by the petitioner was, therefore, dismissed. But in view of certain observation made in the order passed by the designated judge, the petitioner decided to appear before the person nomina...

Harishankar Ojha Vs. State of Bihar and ors.

Court: Patna

Narayan Roy, J.1. Heard counsel for the parties.2. In this application, the grievance of the petitioner is that he could have been considered for promotion with effect from 22.6.1985 and not with effect from 28.11.1994.3. It appears that vide notification, as contained in Annexure 1 dated 9.9.1997, the petitioner was promoted to the post of ASI with effect from 28.11.1994. Against the order of promotion, the petitioner made representation before the authority concerned to reckon his seniority with effect from 22.6.1985. The representation of the petitioner was considered and rejected by the authorities holding that since the petitioner was facing several departmental proceedings and in some of the cases major punishments were given, therefore, after disposal of the three departmental proceedings his case was considered finally and he was found eligible for promotion to the rank of ASI with effect from 28.11.1994.4. From the pleadings of the parties, it is not manifest that even though...

Mostt. Rampati Kuer Vs. Mostt. Simrekha Devi and ors.

Court: Patna

P.K. Sinha, J.1. This first appeal arises out of the judgment and decree recorded by the 5th Additional Subordinate Judge at Motihari in Title Suit No. 206/1966/ 21/1971. The suit having been dismissed by the trial Court the plaintiff has come as appellant and the defendants including substituted heirs are respondents who, for the sake of convenience, will be referred to as the plaintiff and the defendants.2. Mostt. Rampati Kuer filed the suit aforesaid for declaration of her title over the suit property detailed in Schedule I to III of the plaint as well for recovery of possession over the same and for mesne profit. The case of the plaintiff in brief was that her father-in-law Ram Sunder Sah had a son Rajaram Sah and four daughters, the plaintiff being the wife of the aforesaid Rajaram Sah who predeceased his father. Thereafter, Ramsunder Sah also expired leaving behind his widow, the plaintiff and four daughters. In the year 1951 widow of Ram Sunder Sah also died whereafter the plai...

Ramakant Singh Vs. Union of India (Uoi) and ors.

Court: Patna

Reported in: 2004(1)BLJR173; 2004(1)CTLJ635Pat

1. In this writ petition, petitioner is aggrieved by the order, contained in letter No. 387 dated 7.7.2003 (Annexure-17), whereby engineer-in-charge, Airports Authority of India (respondent No. 6) has rescinded the contract dated 2.12.2002 pertaining to construction of shoulders, widening of Turning pad and construction of perimeter road at Jai Prakash Narayan International Airport, Patna, and letter No. 385 dated 7.7.2003 (Annexure 17/1) requesting the Senior Manager, Canara Bank, Govind Mitra Road, Patna for encashment of Bank guarantee.2. In short, the relevant facts are that on 17.9.2002 Airport Authority of India published tender notice in Hindustan Times for the above work at the estimated cost of Rs. 332.69 lacs. According to the petitioner, the time allowed was 15 months, which was subsequently reduced to 6 months. The petitioner submitted his tender paper on 30.10.2002 quoting Rs. 2,55,70,601/- i.e. 18% less than estimated cost. On 15/18.11.2002 he was intimated by the Airport...

Raj Kishore Shah Vs. State of Bihar

Court: Patna

I.P. Singh, J.1. The sole appellant has been convicted under Sections 498A and 304B of the Indian Penal Code (in short 'the Code') and was sentenced to undergo rigorous imprisonment for seven years.2. The prosecution case, in short, is that one Harishankar Sah of Village Belghati, P.S. Turkaulia, District/East Champaran of 29.7.2000 at about 2.30 p.m. at Village/Matiaria Rai English Police Station Harsidhi gave a fard beyan before the Sub Inspector, Jogendar Rajak of the Harisidhi P.S. that his daughter Naina Devi, aged about 25 years, was married with Raj Kishore Sah about 5 vesars before. His daughter gave birth to a female child, who was aged about 2-3 years. It was been stated that he fulfiled dowry demand as per his capacity but after the marriage, husband (Raj Kishore Sah), Dewar (Rajendar Sah) and mother-in-law (Punkali Devi) of the deceased (daughter) started demanding Television and Cycle as dowry and they were pressing her daughter to bring the same from her parents, otherwi...

Joint Commissioner of Income-tax Vs. Bihar State Credit and Investment

Court: Income Tax Appellate Tribunal ITAT Patna

Reported in: (2004)91ITD136(Pat.)

1. The appeal has been filed by the Revenue and the cross objection is taken by the assessee. The dispute relates to the adjustments made under Section 143(1)(a) of Rs. 5,70,12,385.2. The details are available in para. 2 of the order of the Commissioner of 2 Income-tax (Appeals) which are reproduced below : (Provided not paid) 70,000(b) EPL, DIT insurance and Employers contribution to 7,055 provident fund (i) IDBI 3,59,51,611 (ii) SIDBI 2,09,83,719 5,69,35,330 ------------------------------ 3. The Authorised Representative points out that the amount at item (b) above was paid on April 15, 1997, for which reason in the regular assessment there is no disallowance for the same. In respect of item at (a) above, in the regular assessment the disallowance has been kept at Rs. 8,534 only. That in respect of item at (c) (i) (interest to IDBI), in the scrutiny assessment there is no disallowance. That large payments were made to IDBI within the time mentioned in Section 139(1).In the regular a...

Suresh Mandal Vs. State of Bihar and ors.

Court: Patna

Chandramauli Kumar Prasad, J.1. In this writ application prayer of thepetitioner is for issuance of a writ in the natureof certiorari for quashing the order datedJanuary 17, 2003 passed by the Sub-divisionalofficer Bank, as an authority appointed underthe Minimum Wages Act, in case No. 2 of 1999whereby the petitioner has been directed to paya sum of Rs. 25,945/- towards claim of lesspayment of wages and Rs. 7,500/- ascompensation.2. Shorn of unnecessary details, facts giving rise to the present application are that the petitioner was appointed, as an executing agent of Scheme No. 5 of Jawahar Rojgar Yojna for the financial year 1993-94 for construction of well at village Goripur, falling within Chandan Panchayat in the district of Banka. For execution of the work Baigan Bhugar, Birhaspat Bhujar, Titu Bhujar, Phas Bhujar and Sattan Bhujar were engaged. The Enforcement Officer-cum-Inspector appointed under the Minimum Wages Act, 1948 (hereinafter referred to as the Act) on enquiry found...