Patna Court April 2004 Judgments
District Bar Association Vs. State of Bihar and ors.
Court: Patna
Decided on: Apr-07-2004
Chandramauli Kr. Prasad, J.1. This application has been filed for quashing the notice dated 10.4.2004 (Annexure 5) whereby the petitioner has been asked to remove the unauthorised construction made within the premises of the District Bar Association, Civil Court, Patna by 17th of March, 2004 failing which it has been informed that the same shall be demolished and the cost of the same shall be realised from the petitioner.2. Shorn of unnecessary details facts giving rise to the present application are that the petitioner is the District Bar Association and this writ application has been filed on its behalf through its General Secretary. An agreement dated 9th day of March, 1939 was entered between the Governor of Bihar and District Bar Association, hereinafter referred to as the Association, by which a plot of land measuring 0.72 acres in Patna Civil Court compound was demised in favour of the petitioner for construction of building of the Association on various conditions. The conditi...
Tag this Judgment!Shree Durga Organisation and anr. and Jay Shankar Construction and anr ...
Court: Patna
Decided on: Apr-07-2004
R.M. Prasad, J. 1. In both these writ petitions, the petitioners, are in fact aggrieved by letter No. 101/M dated 20th January, 2004 of the Deputy Secretary, Mines and Geology Department, Government of Bihar, Patna communicating the Government decision to the District Magistrate, Rohtas at Sasaram for holding of limited reauction for quarry of the disputed blocks of Amara Karbandiya hills in the district of Rohtas.2. In short the relevant facts are that an advertisement was made for auction for quarry in 15 blocks, each comprising of 2 acres, situated in Mauza Amara and Basa on Karbandiya hill. As per direction of the department of Mines contained in Letter No. 1868 dated 21.8.2003 auction of serial Nos. 11, 12 and 13 in Mauza Amara was stayed and the auction of the remaining 12 blocks were held on 23.8.2003. Altogether 4 persons participated and for block No. 5-E, the petitioner of the first case was the highest bidder and the bid was knocked in his favour at Rs. 35,01,101 and the p...
Tag this Judgment!Ram Swaroop Yadav Vs. Bihar State Electricity Board and ors.
Court: Patna
Decided on: Apr-07-2004
Chandramauli Kr. Prasad, J.1. This application has been filed for issuance of a writ in the nature of mandamus commanding the respondents to pay to the petitioner a sum of Rs. 3,60,000/- by way of compensation on account of death of his son due to electrocution.2. According to the petitioner, on 19.11.1997, while he and his son Mukesh Kumar were engaged in agriculture operation in their land, the over-head electrical wire of 33 KVA which passes over their land, all of a sudden, snapped and fell down while his son was working and as a consequence of the high voltage he died of electrocution. According to the petitioner, he gave report to the said effect to the Officer-in-charge of Lakhisarai Police Station and on that basis, Lakhisarai (UD) P.S. Case No. 9 of 1997 was registered. According to the inquest report, cause of death was electrical shock. In the opinion of the doctor who had conducted the post mortem also the deceased died due to electrical shock. On the premise that the peti...
Tag this Judgment!Subrat Prasad Vs. State of Bihar and ors.
Court: Patna
Decided on: Apr-07-2004
Nagendra Rai, J.1. This order disposes of LPA No. 767 of 2003 arising out of CWJC No. 6854 of 2002, LPA No. 799 of 2003 arising out of CWJC No. 14573/2001 and LPA No. 1351 of 2001 arising out of CWJC No. 14017 of 2001.2. CWJC No. 6854 of 2001 was originally filed to quash the order of the District Magistrate dated 3.6.2002 (Annexure 13 therein) by which the caste certificate issued to the appellant declaring him to be Scheduled Caste was cancelled. CWJC No. 14573 of 2001 was originally filed by the appellant to quash the circular dated 11.12.1985 (Annexure-5 therein) issued by the State Government, in partial modification of circular dated 3.3.1978, limiting the benefit of scheduled caste status to the offspring of a higher caste male and a scheduled caste female only in the event of a valid marriage between the two. CWJC No. 14017 of 2001 was originally filed to quash the enquiry report of the District Magistrate dated 1.10.2001 (Annexure 11 therein) holding that the petitioner had f...
Tag this Judgment!Amar Prasad Sahu Vs. State of Bihar
Court: Patna
Decided on: Apr-07-2004
Radha Mohan Prasad, J.1. In this writ petition, the prayer on behalf of the petitioner is to quash the order dated 10.6.2003 passed by the Certificate Officer, contained in Annexure 8, rejecting the petitioner's objection under Section 9 of the Bihar and Orissa Public Demands Recovery Act, 1914 and also the demand notice dated 13.9.2001, contained in Annexure 9, issued to him to pay the certificate dues, besides for quashing of the entire certificate proceeding initiated against him.2. The certificate case arises out of the demand for payment of sales tax and penalty for the periods 1993-94, 1994-95 and 1995-96 against the company, namely, Ranjan Chemicals Limited which is the assessee.3. It is stated that the petitioner once upon a time was the Director of the said company but later resigned with effect from 2.6.1994, in support whereof the certified copy of Form No. 32 issued by the Registrar of the Companies has been annexed as Annexure 4.4. It is contended that in view of the Divi...
Tag this Judgment!Radha TamolIn Vs. Durgawati Devi and ors.
Court: Patna
Decided on: Apr-07-2004
P.K. Sinha, J. 1. Heard learned Counsel for the appellant on I.A. No. 1984 of 2004, under Order XLI, Rule 27 of the Code of Civil Procedure praying therein to remand the appeal, with suitable directions to the trial Court to allow the parties to adduce additional evidence on the points raised in this application, relating to a deed of gift. The additional evidence which is sought to be brought on the record after remand of the case is the registered deed of gift said to have been executed by Budhiya Tamolin, widow of Raghunath Tamoli, whose name was recorded in the records of right relating to suit property, in favour of her brother Mahadeo Tamoli who, in his turn, sold the said land by registered sale-deed dated 4.1.1966 to Makhan Lal Agrawal and others, who sold the same property, again by a registered deed, to Radha Tamolin, the plaintiff on 8.10.1966. To cut short the matter, the learned first appellate Court has held that the alleged registered deed of gift executed by Budhiya a...
Tag this Judgment!Bharat Sanchar Nigam Vs. Radha Kant Roy
Court: Bihar State Consumer Disputes Redressal Commission SCDRC Patna
Decided on: Apr-07-2004
D.P.S. Choudhary, President: 1. Both the appeals have been heard together as they arise out of the common order. This order shall govern both the appeals. 2. Appeal No. 163/2002 has been preferred against the order dated 26.6.2002 passed by District Forum, Darbhanga in Complaint Case No. 61/2002 whereby and whereunder the appellat-O.P. (Department of Tele-communication, Darbhanga) has been directed to provide telephone connection to the complainant-respondent within 45 days and to pay a compensation of Rs. 500/- for mental and physical harassment and intereat at the rate of 8 per cent per annum on the amount deposited as per demand note from the date of its deposit. 3. Appeal No. 101/2004 has been preferred against the order dated 21.1.2004 passed in Execution Case No. 7/2002 arising out of the above mentioned Complaint Case No. 61/2002 whereby and whereunder the appellants have been punished under Section 27 of the Consumer Protection Act for non-compliance of the order passed in the ...
Tag this Judgment!Sanjay Sinha Vs. Union of India (Uoi) and anr.
Court: Patna
Decided on: Apr-06-2004
Navin Sinha, J.1. Heard learned counsel for the petitioner and learned standing counsel on behalf of the opposite parties.2. The present application has been filed for quashing the order dated March 18, 2000, passed by the Special Judge, Economic Offences, Patna, in Complaint Case No. 78(C) of 2000. By the impugned order the learned special judge took cognizance of the offence under Section 275A of the Income-tax Act, 1961, against the petitioner and has directed for issuance of summons against him.3. Learned senior counsel, Shri P. N. Pandey, appearing on behalf of the petitioner, drew the attention of the court to paras. 4 and 5 of the complaint petition and submitted that the Income-tax Department had issued prohibitory orders not with regard to the account in question of the petitioner but with regard to specified accounts as mentioned therein. In this context he also referred to annexure B to the counter affidavit filed on behalf of the Income-tax Department to submit that the pr...
Tag this Judgment!Sanjay Sinha Vs. Uoi and anr.
Court: Patna
Decided on: Apr-06-2004
Navin Sinha, J.Heard learned counsel for the petitioner and learned standing counsel on behalf of the opposite parties.2. The present application has been filed for quashing the order dated 18-3-2000, passed by the Special Judge, Economic Offences, Patna, in Complaint Case No. 78(C) of 2000. By the impugned order the learned special judge took cognizance of the offence under section 275A of the Income Tax Act, 1961, against the petitioner and has directed for issuance of summons against him.3. Learned senior counsel, Shri P. N. Pandey, appearing on behalf of the petitioner, drew the attention of the court to paras. 4 and 5 of the complaint petition and submitted that the Income-tax department had issued prohibitory orders not with regard to the account in question of the petitioner but with regard to specified accounts as mentioned therein. In this context he also ferred to annexure B to the counter affidavit filed on behalf of the Income-tax department to submit that the prohibitory ...
Tag this Judgment!Eastern Safety and anr. Vs. State of Bihar Through the Director Genera ...
Court: Patna
Decided on: Apr-06-2004
1. Petitioner No. 1 is a partnership firm and petitioner No. 2 is one of its partners and they have filed the present writ application for quashing Condition No. 1 in Tender Notice No. 10/2003-2004, issued by respondent No. 3 Deputy Inspector General of Police (Provision). Old Secretariat, Patna, published on 31.7.2003 in the English daily Newspaper, namely, 'Hindustan Times', prescribing obtaining of Sales Tax Registration in Bihar as a condition precedent for submitting tender.2. Petitioner No. 1 is a Small Scale Industrial Unit, having its Unit at Dhanbad in the State of Jharkhand and is engaged in manufacturing various types of shoes and making supply of shoes to various Government departments, including the Police Department. Para Military Forces and Mines etc. It has been supplying I.S.I. Mark Shoes to the Bihar Police regularly since so many years.3. On 31.7.2003, an advertisement was issued by respondent No. 3 for supply of various articles, including Hunter Shoe, P.T. Shoe a...
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