Patna Court March 2003 Judgments

Man Mohan Jha Vs. State of Bihar and ors.

Court: Patna

Narayan Roy, J. 1. Heard Counsel for the parties and considered the counter-affidavit filed on behalf of the State. 2. The order issued vide memo No. 4410875 Patna dated 9-10-2002, as contained in Annexure-6, is under challenge, whereby and whereunder the petitioner is being repatriated to his parent Department i.e. Bihar State Agro Industries Development Corporation. 3. Learned Counsel appearing on behalf of the petitioner assails the order impugned mainly on the ground that the petitioner remained on deputation for several years along with other persons, but he has been singled out and he is being repatriated, whereas other persons are holding the post in the Department on deputation. Learned Counsel appearing on behalf of the petitioner further submits that the petitioner apprehends that he may not get his salary due to financial crunch and, therefore, in the ends of justice, he is entitled to get the equitable relief. Learned Counsel in this regard has referred an order passed by...

National Small Industries Corporation Limited and ors. Vs. Nagendra Na ...

Court: Patna

Ravi S. Dhavan, C.J. 1. But for the candid acknowledgement of learned Counsel for the contesting respondent certain facts which were not disclosed in the writ petition, the course of this case would have been very different and perhaps a veryharsh order would have descended on respondent Nagendra Nath Pandey. The Court had brought certain circumstances yesterday to the knowledge of learned Counsel so that he could check for himself whether the proceeding in the writ petition may be the result a judgment having been obtained by fraud and that the High Court in its letters patent appellate jurisdiction must avoid this judgment on the principle referred to under Section 44 of the Evidence Act, 1872. 2. The contesting respondent apparently fond of litigation so much so that he has harmed himself in his employment He has invited departmental proceedings and he was dismissed from service. But because of the judgment in the writ petition he saw reinstatement. The travesty of justice is that...

Durga Parsad Sah Vs. State of Bihar and ors.

Court: Patna

Reported in: AIR2003Pat102; I(2005)BC198

1. Whether the transfer of a suit from the (Civil) Court to the Debt Recovery Tribunal under Section 31 of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 would depend upon the amount sought to be recovered at the time of institution of the suit or whether the interest accruing pendentelite till the establishment of the tribunal must also be taken into account to find that the amount of debt had exceeded Rs. 10 lacs to attract the jurisdiction of the tribunal and consequently to cause ouster of the jurisdiction of the civil Court This is the question to be answered in this writ petition.2. The, facts of the case are simple, brief and without controversy. In the year. 1986 the State Bank of India (respondent No. 2) filed a suit registered as Money Suit No. 70 of 1986 in the Court of Subordinate Judge 1, Muzaffarpur for recovery of its loan, along with interest accused till the date of institution of the suit, from the defendants, including the present petitioner ...

Bala Prasad Choudhary Vs. State of Bihar and ors.

Court: Patna

Narayan Roy, J. 1. Heard Counsel for the parties.2. This writ application is directed against the communication, issued vide Memo No. 9364(S) Patna dated 10-12-2002, as contained in Annexure 3, whereby and whereunder the State of Jharkhand has been requested to put the petitioner under suspension in contemplation of a department proceeding.3. Learned Counsel appearing on behalf of the petitioner submitted that the communication, as contained in Annexure 3 is wholly without jurisdiction and based on non est grounds. It is further stated by learned Counsel appearing on behalf of the petitioner that that the authorities had already asked for explanation from the petitioner vide letter No. 5984 (S) we dated 17-8-1998 about the allegations made in Annexure 3 and the petitioner had submitted his explanation on 10-10-1998 to the joint Secretary, Road construction Department Government of Bihar, and the same was considered and no action was directed to be taken against the petitioner and when...

Bihar Chemist and Druggists Association and anr. Vs. State of Bihar an ...

Court: Patna

Aftab Alam, J. 1. There are two petitioners before this Court, petitioner No. 1 is the Association of Chemist and Druggists of Bihar and petitioner No, 2 is the General Secretary of the Association and a holder of drug licence. 2. The petitioners seek to challenge the direction making the production of a 'no objection certificate' from the Commercial Taxes Department as obligatory for renewal of drug licences issued under the Drugs and Cosmetics Act, 1940. The direction is contained in a Circular letter issued by Commissioner, Commercial Taxes to all the Divisional Commissioners and District Magistrates under his memo No. 178. dated 10-1-2002 (Annexure-1). Following the direction of the Commissioner, Commercial Taxes, the Secretary-cum-Deputy Drug Controller, Bihar, Patna issued Circular letter, dated 9-11-2002 (Annexure-2) to all Regional Licensing Officers, Drug Control Administration. Bihar asking for details of wholesale and retail medicine shops and manufacturing units situate u...

Rajendra Prasad Vs. State of Bihar

Court: Patna

Ram Nandan Prasad and Mridula Mishra, JJ.1. The sole appellant has preferred this appeal against the judgment and order dated 15.9.2003/16.9.2003 whereby the appellant has been convicted for the offence under Section 20(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 hereinafter referred to as 'N.D.P.S. Act' and sentenced to undergo rigorous imprisonment for 15 years and to pay a fine of Rs. 1,00,000/- (one lac), and in case of default of payment of fine he has to undergo rigorous imprisonment for two years. He has also been convicted for the offence under Section 22 of the N.D.P.S. Act and sentenced to undergo rigorous imprisonment for 15 years and to pay a fine of Rs. 1,00,000/-(one lac), and in case of default of payment of fine, he has to undergo rigorous imprisonment for two years. However, he has not been found guilty of the charge under Section 23 of the N.D.P.S. Act and has been acquitted of the said charge.2. Bimlesh Chand Sinha, Sub-Inspector of Police of Bett...

Alken Laboratories Ltd. Vs. Commissioner of Income-tax and anr.

Court: Patna

1. This petition has been filed, in effect, to seek a writ of mandamus restraining the income-tax authorities from proceeding further in pursuance of the notice under Section 143(2) of the Income-tax Act, 1961. .2. The contentions before the court on behalf of the assessee have been two fold, one, that there is no jurisdiction in the assessing authority to issue a notice under Section 143(2) of the Act, and, secondly, there is no material on the basis of which this notice could be based.3. Clearly, one aspect which the court does not desire to record is the merits on whatever be the controversy.4. The issue seems to be excited more than is necessary. The first of the notices which was issued was dated October 3, 2001, annexure 2. Thereafter, in reply the assessee challenged the authority, Income-tax Officer Ward 2(1), Patna, for having taken out a notice in reference to a newspaper cutting on an assurance given by the Central Board of Direct Taxes as was published in Hindustan Times, ...

Alken Laboratories Ltd. Vs. Cit

Court: Patna

This petition has been filed, in effect, to seek a writ of mandamus restraining the income-tax authorities from proceeding further in pursuance of the notice under section 143(2) of the Income Tax Act, 1961.2. The contentions before the court on behalf of the assessee have been two-fold, one, that there is no jurisdiction in the assessing authority to issue notice under section 143(2) of the Act, and, secondly, there is no material on the basis of which notice could be based.3. Clearly, one aspect which the court does not desire to record is the merits on whatever be the controversy.4. The issue seems to be excited more than is necessary. The first of the notices which was issued was dated 3-10-2001, Annexure 2. Thereafter, in reply the assessee challenged the authority, Income Tax Officer Ward 2(1), Patna, for having taken out a notice in reference to a newspaper cutting on an assurance given by the Central Board of Direct Taxes as was published in Hindustan Times, New Delhi, 29-10-2...

Renu Devi and anr. Vs. the N.T.P.C. Limited and ors.

Court: Patna

Ravi S. Dhavan, C.J. 1. This matter was heard on Thursday last. A Thermal Power Station was planned to be established at Kahalgaon district Bhagalpur. This Thermal Power Station was to be established by the National Thermal Power Corporation. For this purpose, in April 1985, lands were acquired at Kahalgaon, Bhagalpur by the State of Bihar. Ordinarily when powers are utilised under the Land Acquisition Act, 1894 then to mitigate the circumstances compensation is paid under the Act and further mitigating damages like solatium, interest etc. Not to be ignored is an aspect that when the land is acquired under the Act the State utilises its sovereign powers to (a) acquire the land and (b) consequentially, dispossess those whose land is acquired. The payment of compensation is the necessary corollary. In short this completes the process of acquisition to allow the public plan for public purpose being executed on the acquired land. If this alone was the concluded exercise then there would ...

Eicher Limited Through Its Manager Vs. the State of Bihar and ors.

Court: Patna

Nagendra Rai and Ashok Kumar Verma, JJ. 1. The petitioner, a public limited company, has filed the present writ application for quashing the circular dated 15-1-2002, issued by the Commissioner of Commercial Taxes (respondent No. 2) holding that the Tractor comes under the definition of the motor vehicle as defined under Section 2(g) 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') and, is, thus, liable to pay entry tax. It has also challenged the order of the Deputy Commissioner of Commercial Taxes, Patliputra Circle, Patna (respondent No. 3) asking the petitioner to pay entry tax on the Tractor under the provisions of the said Act. Copies of the said circular and order have been appended as Annexures 2 and 3, respectively, to the writ application. 2. The petitioner's case is that its Head Office is at Faridabad in the State of Haryana and has Branches in various States including the State of Bih...