Patna Court July 2004 Judgments
GlIndia Ltd. Vs. the State of Bihar
Court: Patna
Decided on: Jul-08-2004
Nagendra Rai and S.N. Hussain, JJ.1. The Commercial Taxes Tribunal, Bihar, Patna has made a reference under Section 48 of the Bihar Finance Act, 1981 with regard to an order dated 28.1.1989 passed in Revision case No. PT-30/88 arising out of the assessment of sales tax made on the petitioner by order dated 9.2.1983 under Section 17(2) of the Act, for the period 1978-79.2. Admittedly, the petitioner was registered under the Bihar Sales Tax Act, and the assessment order was passed under Section 17 (2) of the Act, for the aforesaid period by the Deputy Commissioner of Commercial Taxes, Patna Special Circle, Patna.-Before the Assessing authority the applicant claimed exemption from payment of sales tax in course of export to Nepal for Rs. 41,68,042.29 and filed customs certificates of Nepal. After verification, the Assessing Officer allowed the claim. There was excess payment by the petitioner and as such he made a claim for refund of Rs. 53,899.88. Under the relevant provision, the matte...
Tag this Judgment!Arun Kumar Vs. the State of Bihar and ors.
Court: Patna
Decided on: Jul-07-2004
Chandramauli Kr. Prasad, J. 1. This application has been filed for quashing the order dated 27.11.2002 passed by the Munsif, Sheikhpura in election petition No. 6 of 2001 whereby he has allowed the application filed by respondent No. 4 for exhibiting the ballot papers of booth Nos. 58 to 70. 2. Short facts giving rise to the present application are that the petitioner as also respondent No. 4 contested the election for the office of the Mukhiya of Diha Gram Panchayat. In the said election, petitioner, hereinafter referred to as the retuned candidate, was declared elected. Respondent No. 4 Dinesh Prasad, hereinafter referred to as the election petitioner, challenged the election of the retuned candidate by filing an election petition before the Munsif, Sheikhpura which was registered as election petition No. 6 of 2001. 3. In the election petition, election petitioner filed an application dated 13.11.2001 for marking the ballot papers as exhibits. In the application, it was stated that ...
Tag this Judgment!Chandeshwar Pd. Singh Vs. Bhola Pd. Singh
Court: Bihar State Consumer Disputes Redressal Commission SCDRC Patna
Decided on: Jul-07-2004
D.P.S. Choudhary, President: 1. This appeal has been preferred by the opposite party against the order dated 15.7.2003 passed by the District Forum, Nawadah whereby a direction has been given to the appellant-Bank to pay the amount of fixed deposit of the complainant of Rs. 50,000/- with 8.5% annual interest till the date of its payment and has further directed to pay a sum of Rs. 2,000/- as compensation on account of deficiency on the part of the Bank-appellant. 2. The learned appellants Lawyer submitted that there is no dispute to the fact that complainant has made a fixed deposit of Rs. 50,000/- on 22.10.1999 and it has matured on 23.5.2002. The interest payable on this amount was @ 8.5% per year. Some allegation of defalcation was made against the staff of the Bank; therefore, the maturity amount of the complainant was not paid on the date of its maturity. The appellant-Bank is ready to pay the principal amount with 8.5% annual interest as mentioned in the fixed deposit certificate...
Tag this Judgment!Md. Yahiya Vs. Indian Post and Telegraphs Department
Court: Bihar State Consumer Disputes Redressal Commission SCDRC Patna
Decided on: Jul-07-2004
D.P.S. Choudhary, President: 1. The complainant is the appellant who has preferred the appeal against the order dated 26.6.2003 passed by District Forum, Gopalganj in Complaint Case No. 66/2002 whereby and whereunder the complaint has been dismissed. 2. The brief fact of the case is that brother of the appellant (complainant) Matiur Rahman is in service at Saudi Arabia who had posted a registered letter containing a cheque NRE No. 0056088. The said registered letter was addressed to the father of the complainant at Bathua Bazar Post Office, Gopalganj. The cheque was for Rs. 50,000/- under the registered cover. The registered letter was sent on 30.4.2002. The complainant has informed his father through phone that registered letter with cheque has been sent to his address. The complainants father regularly enquired from the post office about the registered letter but he could not get any information nor the registered letter was delivered to him. The father and his well wisher approached...
Tag this Judgment!Aman Coke Plant Private Limited and anr. Vs. the Bharat Coking Coal Li ...
Court: Patna
Decided on: Jul-06-2004
Radha Mohan Prasad, J.1. In this writ petition, the petitioners are aggrieved by non-supply of monthly quota of linkage coal for December quarter i.e., for the months of October, November and December, 2001.2. In short, the relevant facts are that the petitioners claim to be S.S.F. Industrial Linked Consumers, who established their Plant for manufacturing of soft coke known as 'Special Smokeless Fuels' for domestic use. According to the petitioners, the officers of the Coal India Limited, Coal Company and the C.M.P.D.I. had assessed their production capacity and recommended 5000 Metric Tonnes as their monthly requirement of coal to be supplied to them by the respondent-Coal Company on regular basis for which the Coal India Limited had granted linkage in their favour. The respondent-Coal Company used to give monthly/quarterly offer after publishing a notice for booking the coal to the, Industrial Linked Consumers by Rail and accordingly the petitioners used to book their monthly/quarte...
Tag this Judgment!Amar Mishra and anr. Vs. State of Bihar
Court: Patna
Decided on: Jul-06-2004
Mridula Mishra, J. 1. Both the appellants have been convicted under Section 302 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life. They have further been convicted under Section 376 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for eight years by the 2nd Additional Sessions Judge, Madhubani in Sessions Trial No. 263 of 1999 by judgment and order dated 2.12.2000/4.12.2000.2. The fardbeyan of Soti San was recorded by the Sub Inspector of Police Birendra Nath Singh on 18.12.1998 at 4.15 p.m. in Lalai Gachhi in village Karihar. In the fardbeyan the informant stated that on 18.12.1998 at about 2 p.m. he was informed by his villager Lalit Yadav that the dead body of his daughter Mina Kumari was lying in Lalai Gachhi. On this information he alongwith his family members came to Lalai Gachhi. At Lalai Gachhi in the orchard of Thakkan Jha he found that his daughter Mina Kumari was lying dead in naked condition and blood was oozing from he...
Tag this Judgment!Shree Gopal Bhagwan Das Vs. the State of Bihar and ors.
Court: Patna
Decided on: Jul-05-2004
Radha Mohan Prasad, J. 1. In this writ petition, petitioner is aggrieved by the acceptance of bid of Hindustan Paper Corporation Ltd. (respondent No. 5) and later award of contract for supply of Mill Water Mark Cream Wove White Printing Papers and White Cover Paper, although they had not complied with the mandatory requirement of the condition with respect to deposit of earnest money, whereas the petitioner complied all the conditions including deposit of earnest money within time, and their price bid was lower than the respondent No. 5 as claimed.2. In short, the case of the petitioner is that respondent-Bihar State Text Book Corporation, which is an instrumentality of the State Government and State within the meaning of Article 12 of the Constitution issued advertisement in February, 2004 in daily newspaper inviting sealed cover tender for supply of Mill Water Mark Cream Wove White Printing Paper vide Annexure-1. Petitioner, which is a partnership firm being interested approached t...
Tag this Judgment!Sijay Sharma Vs. State of Bihar and ors.
Court: Patna
Decided on: Jul-05-2004
Aftab Alam, J. 1. The petitioner retired from service on 30.6.2000 as Surveyor. At the time of retirement he was posted in the Special Land Acquisition Office, Patna Flood Control Project under the Water Resources Department, Government of Bihar. His retiral dues remained unpaid even after two years of his superannuation and he, therefore, came to this Court in CWJC No. 10259 of 2002 seeking a direction to the concerned authorities for payment of his pension, gratuity and other dues.2. In that case a counter affidavit was filed on behalf of the State in which office order No. 26, dated 19.9.2002 passed by the Director, Land Acquisition and Rehabilitation was enclosed as Annexure-B. In that order it was stated that the petitioner was allowed second time bound promotion subject to the approval by the Finance Department. The Finance Department found that the second time-bound promotion was wrongly granted to him and, therefore, the second time-bound promotion given to him was cancelled ...
Tag this Judgment!Deep Kumar @ Deepak Kumar Vs. the State of Bihar and ors.
Court: Patna
Decided on: Jul-02-2004
Chandramauli Kr. Prasad, J. 1. Although in the writ application prayer of the petitioner is for issuance of a writ in the nature of mandamus commanding the respondents particularly, respondent No. 2 to release 519 bags of rice, 996 bags of wheat and 132 bags of paddy each bag containing 50 kgs. of respective foodgrains seized from the mill of the petitioner, but when the matter is taken up, Mr. N.K. Agarwal, Senior Advocate, appearing on behalf of the petitioner states that the petitioner's prayer is confined to the quashing of the order dated 23.3.2004 passed by the District Magistrate, Buxar in case No. 1 of 2004 whereby he had directed for confiscation of 492 bags of wheat. Certified copy of the said order has been filed which may be kept on record. 2. Short facts giving rise to the present application are that on the basis of a report given by the Incharge, Assistant District Supply Officer to the Police, Dumraon PS case No. 34 of 2004 was registered under Sections 420, 379 and 1...
Tag this Judgment!Bhupendra NaraIn Singh Vs. the State of Bihar and ors.
Court: Patna
Decided on: Jul-01-2004
Ravi S. Dhavan, C.J. and Shashank Kumar Singh, J.1. This is not a matter which should have come to the High Court at all. It is basically a public issue which had virtually been resolved by the High Court when it passed an order dated 4 April, 2004 in this very petition.2. The High Court had left the State Government free to restructure the Board strictly in accordance with law, the Bihar School Examination Board Act, 1952. Adhocism was continuing and instead of structuring the Board in accordance with Section 4 of the Act temporary arrangements were continuing, more than was necessary. In the circumstances, the Court required the State Government to put in an ex-officio representation forthwith and thereafter restructure the Board in accordance with Section 4(a) and Section 8.3. The State Government apparently took the path of least resistance and made the Administrator the Chairman. This continues the issues.4. In so far as the Court is concerned, the action of the State Government ...
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