Patna Court April 2005 Judgments
Spic Phi Seeds Ltd. and ors. Vs. State of Bihar and ors.
Court: Patna
Decided on: Apr-29-2005
Nagendha Rai, Ag. C.J.1. The points involved in all the five writ applications are same and as such they have been heard together and are being disposed of by a common order.2. All the petitioners are registered dealers under the Bihar Finance Act, 1981 (hereinafter referred to as 'the Act') to sell specified seeds including maize seeds. The point for consideration in this case is as to whether the maize seed is to be levied tax at 4 per cent by treating as cereals under entry No. 12 of the notification dated December 26, 1977, annexure III issued under Section 12 of the Act containing the rate of tax leviable on sale of goods or at 8 per cent as unspecified goods, being general rate of tax as provided under Section 12 of the Act.3. The petitioners have challenged the assessment orders as well as demands made from them charging sales tax at 8 per cent on maize seeds. Their assertion is that earlier it was charged at 4 per cent by treating as cereals but by the assessment orders impugn...
Tag this Judgment!Mukhlal Ram Vs. State of Bihar
Court: Patna
Decided on: Apr-29-2005
Mridula Mishra, J. 1. The petitioner, in this application, has questioned the legality of an order, dated 30.9.2002, passed by the Deputy Collector, Land Reforms, Bikramganj, Rohtas, in purported exercise of power under Section 48-E of the Bihar Tenancy Act (hereinafter referred to as, the Act) in Bataidari Case No. 1 of 1982-83 (Annexure-3).2. Petitioner filed an application on 3.6.1982 before the Anchal Adhikari, Dinara, Rohtas, for giving him protection from the unlawful ejectment by the original land holder, Kashi Sah, father of respondents 4 and 5. This application was forwarded by the Anchal Adhikari to the Deputy Collector, Land Reforms, Sasaram, who was the Collector under the Act. Petitioner claimed his bataidari right with respect to the lands of village Mahraur appertaining to khata No. 159 measuring 2.70 acres. Bataidari Case No. 1 of 1982-1983 was registered and a notice to the original land holder was issued to show cause as to why the claim of the petitioner be not acc...
Tag this Judgment!Amarnath Choudhary Vs. the State of Bihar
Court: Patna
Decided on: Apr-28-2005
Navin Sinha, J.1. Heard learned counsel for the petitioner and the learned counsel for the State.2. The short issue involved in the present writ application is that the petitioner was suspended on 25.2.1998 while he was posted as Warder in the Central Jail at Buxar. The memo of charges were served on him on 17.3.1999. Subject of the disciplinary proceeding was the allegation of negligence in duty resulting in the smuggling of materials to the jail which helped three inmates to escape. The Enquiry Officer having duly conducted the proceedings to which the petitioner makes no grievance arrived at a finding exonerating the petitioner as contained in Annexure-3 to the present writ application, after proper examination of witnesses etc. including the inmates who had allegedly escaped. The petitioner makes a grievance that in pursuance of the report of the Enquiry Officer the impugned order of punishment at Annexure-4 came to be issued straightaway visiting him with the punishment of being ...
Tag this Judgment!Bishwanath Prasad Yadav Vs. the State of Bihar and ors.
Court: Patna
Decided on: Apr-27-2005
Mridula Mishra, J. 1. Heard the counsel for the petitioner, the counsel for respondent No. 6 as well as the counsel for the State.2. The petitioner has challenged the order passed by the Divisional Commissioner, Tirhut Division, Muzaffarpur, dated 22nd December, 2004, contained in memo No. 1198, whereby the review preferred by the petitioner on the direction of this Court in C.W.J.C. No, 12929 of 2003 has been decided, petitioner's claim has been rejected and the order of transfer passed by the Block Education Establishment Committee, contained in Annexure 1, has been revived. By order, contained in Annexure 1, the Block Education Establishment Committee had transferred the petitioner to Middle School, Nilkanthpur, Mahua, Hajipur petitioner represented against the transfer order of the Block Education Establishment Committee, was not considered. Thereafter, he represented his case before the District Education Establishment Committee. Petitioner's case was that his transfer to Middle...
Tag this Judgment!Simri Bakhtiarpur Prakhand Matsyajivi Swabalambi Sahkari Samiti Ltd. a ...
Court: Patna
Decided on: Apr-26-2005
Mridula Mishra, J.1. Heard counsel for the petitioner, counsel appearing for respondent No. 7 and for the State.2. Petitioner, in this application, is a cooperative society, registered under the Bihar Self-Supporting Cooperative Societies Act, 1996, and the respondent No. 7 is the cooperative society registered under the provisions of Bihar Cooperative Societies Act, 1935. The area of operation of both the societies exists to whole of Simri-Bakhtiarpur Block in Saharsa district. Petitioner No. 2 is the Chief Executive of petitioner No. 1 and his prayer is for quashing the order, dated 8.11.2004, of Collector, Saharsa, by which his application for settlement of Gordah Jalkar-cum-Makhana Mahal of Simri-Bakhtiarpur Anchal has been rejected and settled with respondent No. 7. Further prayer of the petitioner is to settle the aforesaid shairat with the societies in proportion to its membership, for the year 2004-2005 or to settle it in favour of petitioner only.3. Admittedly, in Simri-Bakht...
Tag this Judgment!National Council for Teacher Education Vs. Edara Al-nishat Muslemeen E ...
Court: Patna
Decided on: Apr-26-2005
Nagendra Rai, A.C.J.1. This appeal is directed against the order dated 18.8.2004 passed by the learned Single Judge by which he has quashed the order dated 30.1.1999 passed by the State Government contained in Annexure 20 refusing to grant recognition to start a Teachers Training (B.Ed.) College and directed the respondent No. 4 National Council for Teachers Education, Eastern Region (hereinafter referred to as the Council) to consider the case of the respondent for its recognition on the basis of the details furnished by it in accordance with law without awaiting for no objection certificate of the State Government.2. The factual matrix of the case are that the writ petitioner- respondent No. 1 is a registered society registered under the Societies Registration Act with an object inter alia to develop, uplift and promote the educational standard of rural areas so that they may be well equipped to serve their family members and the society in general. It established the respondent No...
Tag this Judgment!Ramshreshtha Sinha Vs. the State of Bihar and ors.
Court: Patna
Decided on: Apr-26-2005
Navin Sinha, J.1. The present writ application seeks quashing of Annexures 19, 20 and 29. The impugned orders visit the petitioner with punishments by withholding of his entire pension and gratuity, and that for the period of suspension nothing beyond the substistance allowance would be paid to him.2. The petitioner was appointed in the services of the Irrigation Department of the State of Bihar on 29.8.1967. While he was posted at Aurangabad in the Mechanical Division as Executive Engineer he submitted a letter dated 16.1.1995 presently at Annexure 14 to the effect that he had completed more than 30 years of service and therefore desired to retire voluntarily. If this be not permissible, 'the same may be treated as his letter of resignation in presenti. Thereafter the petitioner contested the election to the State Assembly unsuccessfully in February 1995 as an independent candidate. On 15.4.1995 the petitioner sought to withdraw the letter of his voluntary retirement/resignation date...
Tag this Judgment!Ram Chandra Jha Vs. State of Bihar
Court: Patna
Decided on: Apr-26-2005
Mridula Mishra, J.1. Heard the counsel for the parties.2. Petitioner has filed this application for quashing the memo No. 1325, dated 10.7.2002, issued under the signature of the Director, Mass Education, Bihar, Patna, whereby it has been decided that the petitioner's service has come to an end, prior to reaching the date of superannuation, as such, benefit of pension as well as promotion is not admissible to the petitioner, as Non-formal Education Programme came to an end with effect from 1.4.2001, services of all the employees, including the petitioner, working under the aforesaid programme have been terminated and it was not possible to retain the petitioner's service separately. Further prayer of the petitioner, in this writ application, is for a direction to the respondents to pay all retirement benefits and arrears of salary for the period April, 2001, to February, 2003.3. Petitioner was initially appointed as Lower Division Clerk in the office of the Administrative Officer, N.C...
Tag this Judgment!Pandey and Co. Builders Pvt. Ltd. Vs. State of Bihar and anr.
Court: Patna
Decided on: Apr-26-2005
V.N. Sinha, J.1. Heard.2. This arbitration case has been filed to set aside the award dated 20.02.2003 passed by the successor of the named arbitrator, namely, Superintending Engineer, Sone Canal, Circle Arrah, as per Clause 23 of the 48F2 Agreement dated 30.12.1991 for renovation of canal banks between kilometres 6.70 to 8.45 kilometres, as contained in Annexure A to the supplementary affidavit filed by the State-respondents.3. Counsel appearing in support of this application, with reference to the provisions contained in Section 42 of the Arbitration Act, 1996, submitted that the present application is maintainable in this Court and not in the court of principal civil court of original jurisdiction at Arrah as Miscellaneous Appeal No. 196/2004 filed under Section 37 of the Act arising out of the aforesaid agreement is pending before this Court. The said miscellaneous appeal has been filed against the order dated 21.05.2004 passed by the substituted arbitrator whereunder substituted ...
Tag this Judgment!Saheb Kumar Vs. the State of Bihar and ors.
Court: Patna
Decided on: Apr-25-2005
Mridula Mishra, J. 1. Heard the counsel for the petitioner, respondent No. 8 and the State.2. Dispute relates to the settlement of Maulana Mazharul Haque Bus Stand, Siwan, which is property of Siwan Municipality. Petitioner's grievance is that this bus stand has been settled with respondent No. 8 by respondents 5, 6 and 7 vide their order, dated 16.3.2005, without giving any public notice and without affording opportunity of participating in the bid to the interested person. It has also been alleged that on the telephonic direction of the District Magistrate, Siwan, in violation of Articles 14 and 19(1)(g) of the Constitution of India, settlement has been made in favour of respondent No. 8.3. Petitioner's case is that he is interested in taking the settlement of bus stand for the year 2005-2006 as the settlement for the year 2004-2005 was made in his favour. For 2005-2006, Settlement, Executive Officer, Nagar Parishad, Siwan, had issued public notice, dated 11.3.2005, for auction of...
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