Patna Court March 2004 Judgments
Braj Bhushan Sharma Vs. State of Bihar and ors.
Court: Patna
Decided on: Mar-31-2004
1. The petitioner is the same in all the three writ applications. As the points involved in all the three writ petitions are more or less the same, they have been heard together and are being disposed of by this common order.2. CWJC No. 3002/2001 has been filed by the petitioner for a direction to the authorities to renew the gun manufacturing licence for the year 2001, CWJC No. 4400/2002 has been filed for a direction to the authorities to renew the gun manufacturing licence for the year 2002 and CWJC No. 10753/2000 has been filed for a direction to grant Transport Licence to transport ten DBBL guns manufactured by the petitioner to M/s. Capital Gun House, Kanpur, a licensed Arm dealer.3. The admitted fact is that the petitioner is engaged in manufacturing of DBBL guns and in the year 1978 he was granted licence under Section 5 of the Arms Act (hereinafter referred to as 'the Act') and the same was being renewed from time to time under the provisions of Section 15 of the Act till the...
Tag this Judgment!Shri Abhay Nath Jha Vs. Vice Chancellor, Kameshwar Singh Darbhanga San ...
Court: Patna
Decided on: Mar-31-2004
R.S. Garg, J.1. Heard learned counsel for the parties.2. The petitioner has come to this Court inter alia submitting that on 16.10.2002 the College Service Commission selected Dr. Abhay Nath Jha at Sl. No. 1 and Dr. Vidya Nath Jha at Sl. No. 2 for their selection and appointment by Devshankar Haldhar Choudhary Sanskrit Mahavidyalaya, Chanpura, Madhubani. According to the petitioner the Registrar of the University on 2.11.2002 issued directions to the Colleges that particular action should be taken in accordance with the said directions. The direction No. 5 is that without the permission of the University the teachers should not be appointed. The item no. 5 does not say that a particular teacher shall not be appointed as a Principal but it simply refers to appointment of a Teacher. But for the present I will assume though I will not hold, that a teacher includes a Principal. In view of the said recommendations the Governing Body of the said College made a request on 29.4.2003 to the Re...
Tag this Judgment!Ram Sanehi Singh Vs. Bihar State Electricity Board
Court: Bihar State Consumer Disputes Redressal Commission SCDRC Patna
Decided on: Mar-29-2004
D.P.S. Choudhary, President: 1. Complainant is the appellant who has preferred the appeal against the order dated 8.9.2003 passed in Complaint Case No. 28/2002 by the District Forum, Nalanda whereby and whereunder the complaint petition has been dismissed on the ground of limitation. 2. The brief facts of the case is that complainant-appellant is a bona fide consumer of Bihar State Electricity Board for running the petrol pump namely Pawapuri Fuel Station. On 18.8.1994 the complainant filed a petition before the Electricity Board and informed that electric meter has been closed and it has become non-functional. The complainant has stopped consuming electricity since then. The complainant made request to the Electricity Board to get the meter repair and resume the electric supply so that he can run the petrol pump efficiently. It was also alleged that due to defective meter and non-supply of the electricity the petrol pump of the complainant was closed and he had to suffer heavy loss an...
Tag this Judgment!Renu Devi Vs. Life Insurance Corporation of India Ltd.
Court: Bihar State Consumer Disputes Redressal Commission SCDRC Patna
Decided on: Mar-29-2004
D.P.S. Choudhary, President: 1. Complainant is the appellant who has preferred the appeal against the order dated 8.4.2003 passed in Complaint Case No. 81/2000 by District Forum, Nawadah whereby the District Forum has held that complainant is not entitled to get double accident benefit and dismissed the complaint. 2. The brief fact of the case is that husband of the complainant Anuj Singh had a life insurance policy from L.I.C., Nawadah Branch. The policy was taken in the year 1997 for the sum of Rs. one lakh and it commenced from 16.3.1997 (Policy No. 511009554). The husband of the complainant was murdered by the villagers on 16/17.6.1999. 3. The complainant being the widow filed the claim of the insured amount before the L.I.C. She is also nominee in the policy. In pursuance of her claim the L.I.C. paid a sum of Rs. 1,14,755/- only through cheque on 15.10.1999 but they did not pay the additional sum against the double accident benefit as per terms of the L.I.C. policy. The complainan...
Tag this Judgment!Hari Nagar Sugar Mills Ltd. Vs. State of Bihar and ors.
Court: Patna
Decided on: Mar-26-2004
1. Heard learned counsel for the petitioner and learned counsel for the State.2. The petitioner has filed the present writ application for quashing the order dated March 18, 1991, passed by the respondent-Deputy Commissioner, Commercial Taxes, Government of Bihar, Patna, rejecting the prayer of the petitioner for payment of interest with regard to Rs. 2 lakhs, which was deposited by the petitioner towards advance tax, in respect of the agricultural income-tax (Rs. 82,000 on March 28, 1979, and Rs. 1,18,000 on March 30, 1979).3. It is an admitted position that the Bihar Agricultural Income-tax Act was repealed with effect from March 1, 1979, and, thus, liability to pay tax under the said Act came to an end. However, the petitioner deposited the aforesaid amount. Later on, according to its own assertion, the petitioner took legal advice and found that it was not liable to deposit the said amount and, accordingly, it prayed for refund of the amount before the authority concerned, which w...
Tag this Judgment!Amar Nath Mallah Vs. State of Bihar
Court: Patna
Decided on: Mar-26-2004
B.K. Jha, J. 1. This appeal has been preferred against the Judgment and Order passed by the then learned Additional Sessions Judge-I, Saran at Chapra on 27.11.2000 in Sessions Trial No. 427/94.2. The sole appellant, Amar Nath Mallah, has been convicted under Section 396 of the Indian Penal Code and sentenced to life imprisonment.3. Briefly, the facts of the case are that on 19th October, 1993, the informant, Kamaldeo Sah, PW 4 along with his father, Shiv Nath San, was returning to his village after selling grains in Janta Bazar Hat. At about 7 P.M. when they reached in a Chour, all of a sudden, the accused, Amarnath Mallah, with Chhura, Anil Rai with gun and Ghogi Rai with Chhura besides three unknowns with small dandas encircled them. At the point of the gun the accused, Anil Rai, asked Shiv Nath Sah, to hand over the money to him failing which he threatened to shoot him down. In the mean time the accused, Ghogi Rai, pushed Shiv Nath Sah, all the accused pinned him down on the grou...
Tag this Judgment!Ply King Vs. Central Board of Direct Taxes and anr.
Court: Patna
Decided on: Mar-25-2004
1. Heard learned counsel for the parties.2. The present application has been filed for quashing the order dated March 12, 1991, as contained in annexure 10, passed by the Commissioner of Income-tax, Patna, rejecting the application filed by the petitioner for waiver of penalty and interest under Section 273A of the Income-tax Act (for short 'the Act').3. The facts, which are not in dispute, are that the petitioner is a partnership firm and on February 15, 1985, the premises of the firm and the residential house of one of its partners were searched under Section 132 of the Act. Admittedly, at that time, the jurisdiction to hear the application under Section 273A of the Act was with the Commissioner of Income-tax, Calcutta. However, on March 1, 1985, the petitioner filed a petition under the aforesaid Section before the Commissioner of Income-tax, Patna, stating that a number of books of account were seized at the time of search and the petitioner wanted to make full and true disclosur...
Tag this Judgment!Ply King Vs. Central Board of Direct Taxes
Court: Patna
Decided on: Mar-25-2004
Heard learned counsel for the parties.2. The present application has been filed for quashing the order dated 12-3-1991, as contained in Annexure 10, passed by the Commissioner, Patna, rejecting the application filed by the petitioner for waiver of penalty and interest under section 273A of the Income Tax Act (hereinafter referred to as'the Act').3. The facts, which are not in dispute, are that the petitioner is a partnership firm and on 15-2-1985, the premises of the firm and the residential house of one of its partners were searched under section 132 of the Act. Admittedly, at that time, the jurisdiction to hear the application under section 273A of the Act was with the Commissioner, Calcutta. However, on 1-3-1985 the petitioner filed a petition under the aforesaid section before the Commissioner, Patna, stating that a number of books of account were seized at the time of search and the petitioner wanted to make full and true disclosure of its all income so that proper assessment cou...
Tag this Judgment!Dayanand Sharma Vs. Presiding Officer
Court: Patna
Decided on: Mar-25-2004
Chandramauli Kumar Prasad, J.1. In both the writ applications, common questions of law with little variation on fact arise and as such they are heard together and are being disposed of by this common order.2. Petitioner claims to be a workman engaged by respondent No. 2 B.S.A. Corporation, a Gun Factory/situated in the town of Munger. He filed application claiming certain monetary benefits under Section 33C(2) of the Industrial Disputes Act, 1947 (hereinafter referred to as the Act). This led to registration of Misc. Case No. 30 of 1994. By an ex parte order dated July 21, 1998 relief sought for by the petitioner was granted. Respondents 2 to 4 filed application on June 2, 1999 under Order IX Rule 13 of the Code of Civil Procedure, hereinafter referred to as the Code for setting aside the ex parte order and for restoration of Misc. Case No. 30 of 1994, which was registered as Misc. Case No. 6 of 1999. The Labour Court by order dated December 15, 1999 set aside the ex parte order and r...
Tag this Judgment!Jagdutt Thakur and anr. Vs. State of Bihar and ors.
Court: Patna
Decided on: Mar-24-2004
S.K. Katriar, J.1. This writ petition has been preferred with the prayer to quash the order dated 5.3.2001 (Annexure-15), passed by the learned Settlement Officer, Bhojpur at Ara, in Kaushal Kumar Thakur v. The State of Bihar, M.P. Case No. 228 of 1999 whereby he has rejected the application filed by the petitioners for survey of villages Shivpur and Nawaranga Chak under the provisions of the Bihar Tenancy Act, 1885 (hereinafter referred to as the '1885 Act').2. It appears from the statements of objects and reasons of the Bihar and Uttar Pradesh (Alteration of Boundaries) Act, 1968 (hereinafter referred to as the 'Central Act'), that the deep stream of river Ganga forms the inter-State boundary between Shahabad District of Bihar and Ballia District of Uttar Pradesh. The river has been changing its course almost every year, as a result of which the inter-State boundary continues to fluctuate, giving rise to difficult administrative problems affecting the areas particularly in the field...
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