Patna Court March 2004 Judgments

Radha Kant Mishra Vs. State of Bihar and anr.

Court: Patna

Mridula Mishra, J. 1. This application has been filed by the petitioner for quashing the FIR of Bisfi P.S. Case No. 4/2003 for the offence under Section 7 of the Essential Commodities Act (hereinafter referred to as the E.C. Act).2. FIR of Bisfi P.S. Case No. 4 of 2003 was filed by Sri Esidor Soren, the Subdivisional Welfare Officer, Benipatti, Madhubani. The informant was directed by the Subdivisional Officer, Benipatti by his Memo No. 18 dated 11.2.2003 for lodging of a formal FIR against the petitioner. The villagers of Simri Gram Panchayat filed a petition before the Muhia. Simri Gram Panchayat stating therein that they are tagged with the P.D.S. Shop of Radha Kant Mishra (petitioner), the retail dealer in essential commodities. They were not provided with ration allotted in B.P.L. Annapurna and Antoyadaya Scheme. They also alleged that the ration was being sold in the black market by the P.D.S. dealer. Lastly they also prayed to enquire into the matter and allow them to be tagged...

Gorakh Giri Vs. Surendra Giri and ors.

Court: Patna

Nagendra Rai, J.1. The plaintiff-petitioner is aggrieved by the order dated 22.1.2003, passed by the Additional District Judge-III, Siwan, in Title Appeal No. 103 of 1983, rejecting the application filed by the petitioner under Sections 151, 152 and 153 of the Code of Civil Procedure (hereinafter referred to as 'the Code'). The prayer made on behalf of the petitioner is to incorporate reliefs, prayed for in the suit, in the judgment and decree, which have been omitted by the appellate Court while allowing the appeal after setting aside the dismissal of the suit by the trial Court.2. The factual matrix necessary for disposal of the present matter are that the petitioner filed Title Suit No. 81 of 1972 in the Court of the 2nd Munsif, Siwan, against the defendant-opposite parties under Order I, Rule 8 of the Code for declaration that the disputed land is a public land and the defendants have no right and title over the same and they have no right and title to construct wall, Palani etc. ...

Deputy Commissioner of Income Tax Vs. Murrah Live Stock Agency

Court: Income Tax Appellate Tribunal ITAT Patna

Reported in: (2004)84TT(JP.)at547

1. These appeals have been filed by the Department raising common issue for all the assessment years on the basis of CIT(A)'s order having allowed framing of the assessment under Section 143(3)/147 of the Act which grounds have been narrated hereinafter. We are taking these appeals together for the sake of convenience and gravity inasmuch as arising out of a common order of the learned CIT(A).2. The learned Departmental Representative submitted that the learned CIT(A)-II, Patna, was not right in holding that the basic primes on which the assessment had been reopened in the aforesaid assessment years, i.e., the filing of case RC 55(A)/96-Patna against the assessee was non-existent. The CIT(A) had stated that since the name of the appellant did not figure as co-accused in the charge-sheet filed by the CBI in the above case the registration of case No. RC 55(A)/96-Patna cannot be the basis for initiation of proceedings under Section 147 of the Act. It is submitted that at the time of ini...

Deputy Commissioner of Income Tax Vs. Narendra Mohan Bagroy

Court: Income Tax Appellate Tribunal ITAT Patna

Reported in: (2004)84TT(JP.)at570

1. It is a Departmental appeal against the order dt. 16th April, 1996 of the CIT(A). The assessment was reopened under Section 147 on 14th March, 1995. The reasons recorded by the AO are reproduced below : "In course of inquiry for asst. yr. 1994-95 following persons were found to be non-existent : transaction with certain other persons like Satpal Singh, Mazid Khan, etc. have been found to be non-genuine. I have reason to believe that the income of the assessee has escaped assessment. Issue notice under Section 148 of the IT Act. Though a list of sundry creditors were disclosed in the return of the income but notice under Section 148 is being issued in View of the enquiries which revealed that transactions with the abovementioned sundry creditors were non-genuine or bogus or does not represent correct nature of transaction and the notice is being issued in view of this new facts and fresh information and in view of the decision of the Supreme Court in case of Phoolchand Bagranglal v....

Hiro Rai @ Chandra Shekhar Rai Vs. State of Bihar

Court: Patna

Navin Sinha, J. 1. This application has been filed for quashing the order dated 28.8.2002 passed by learned Chief Judicial Magistrate, Vaishali at Hajipur in Rajapakar PS 68/2001, whereby the learned Magistrate has taken cognizance against the petitioner for offence under Section 304 read with Section 34 of the Indian Penal Code and has directed for issuing summons against the petitioner.2. Raja Pakar PS Case No. 67/2001 was lodged on 24.6.2001 by the informant named Rajesh Kumar Rai, that in the night of 23.6.2001 certain miscreants entered his house with intention to commit theft. Upon commotion raised by the informant the miscreants tried to flee. One miscreant who had a pistol in his hand threatened to shoot. For reasons that the villagers had assembled at the place, one of the persons who had a pistol in his hand was caught and some one in the crowd stole his pistol. The miscreant died on the spot for reason of assault by the villagers. Some one in the crowd of villagers stated t...

Alok Kumar Singh Vs. State of Bihar and ors.

Court: Patna

Navin Sinha, J. 1. The present application has been preferred for quashing the order dated 25.9.2002 passed by the Sessions Judge, Kaimur at Bhabhua in Cr. Rev. No. 34/2002. By the said order the learned Sessions Judge has set aside the order dated 9.4.2002 passed by the Chief Judicial Magistrate, Bhabhua in Tr. No. 756/2001 arising out of case No. 80/96, whereby the learned Chief Judicial Magistrate recorded that in view of the allegations and the evidence, offence under Section 301, IPC read with Section 27 of the Arms Act was made out against accused Sanjay Singh, opposite party No. 2 herein, and therefore the case be committed to the Court of Sessions for trial.2. The petitioner filed complaint case No. 232/94 in the Court of learned Chief Judicial Magistrate, Bhabhua alleging that on 28.3.1994 an occurrence took place wherein opposite party No. 2 Sanjay Singh fired at the father of the complainant but for the reason of Ashutosh Singh coming in between, Ashutosh Singh received bul...

Bablu Singh and anr. Vs. State of Bihar and anr.

Court: Patna

Navin Sinha, J.1. This application has been filed for quashing the order dated 2.1.2003 passed by the Additional Sessions Judge, I, Barh (Patna) in Cr. Misc. No. 1 of 2002 by which he has cancelled the bail granted to petitioners herein on 29.11.2002 in Pandarak PS Case No. 64 of 2001 under Sections 147, 148, 149, 302, 307 read with 120B of the Indian Penal Code and Section 27 of the Arms Act.2. It would appear from, the order dated 29.11.2002 passed in B.P. No. 640/2002 that both the petitioners were granted bail on the submission that the allegations against them as contained in the FIR were general in nature and that there was no specific allegation of committing murder against them. The further assumption was that in similar circumstances accused Kapil Singh and Navin Singh were granted bail by this Court in Cr. Misc. No. 3241 of 2002 and 32508 of 2001. It would appear from the said order dated 29.11.2002 that in the said circumstances the court below was persuaded to hold that th...

Ram Autar Santoria Vs. Bihar State Electricity Board and Others

Court: Bihar State Consumer Disputes Redressal Commission SCDRC Patna

D.P.S. Choudhary, President: 1. Complainant is the appellant who has preferred the appeal against the order dated 26.8.1996 passed in Case No. 99/1993 by District Forum, Darbhanga whereby and whereunder the complaint petition has been dismissed. 2. The brief fact of the case is that complainant was owner of a Saw Mill under the name and style of M/s. Rakesh Timber Works at Sakri, District Darbhanga. He was having electric connection bearing consumer No. DH-92. There was fire in the Saw Mill and every thing burnt on 7.8.1985. It is said that some person of the Electric Department visited the premises of the complainant and brought the electric line under series. The explanation for the same was that the voltage of the electric line became deem. It is alleged that as a result of bringing the line under series there was fire from the electric line which spread and damaged the entire mill. The complainant filed the case and claimed damages against the Electricity Board. 3. The O.P. (Board)...

Kamta Tiwari Vs. State of Bihar and anr.

Court: Patna

Mridula Mishra, J. 1. This petition has been filed by the petitioner for quashing the order dated 16.12.2002, passed by the learned Chief Judicial Magistrate, Gopalganj, in Barauli P.S. case No. 249 of 2001 whereby bail granted to the petitioner has been cancelled and the warrant of arrest has been issued against him.2. On 23.12.2001 the opposite party No. 2 instituted First Information Report which was registered as Barauli P.S. case No. 249 of 2001. The allegation was that Kamta Tiwari (petitioner) made an entry in the room in the afternoon and committed rape on the informant. The informant raised alarm on which the mother-in- law of the informant came and she was assaulted by the accused. The accused thereafter fled away from the place of occurrence. It is further stated that at the time of the alleged occurrence, the husband and father-in-law of the informant had gone to the field and, as such, they were not present in the house.3. The petitioner was arrested on 24.12.2001 and wa...

Amar Nath Singh Vs. State of Bihar and anr.

Court: Patna

Mridula Mishra, J.1. This Petition has been filed by the petitioner for quashing the entire criminal proceedings including the order dated 18.10.2002 by which the learned Magistrate has directed to issue summons to the petitioner to stand trial under Sections 500, 501/34 of the Indian Penal Code.2. The complaint case No. 1501(C) of 2002 was filed by Dr. Chandra Bhushan Verma, Opposite Party No. 2, against ten named accused persons including the petitioner. Amar Nath Singh is professor of P.G. Department in the Patna University and also General Secretary of Patna University Teachers Association. The news agency of Hindustan Times and its employees as well as some other persons have also been made accused. On the basis of a news item published on 24.7.2002 in daily Hindi news paper 'Hindustan' the complaint petition was filed by the complainant. It is alleged in the complaint petition that the complainant was appointed on 19.11.1999 as lecturer in Vanijya Mahavidyalaya where he is rende...