Patna Court January 2007 Judgments
Md. Ajffar HussaIn @ Ajaffar Shekh Vs. State of Bihar and ors.
Court: Patna
Decided on: Jan-29-2007
Ghanshyam Prasad, J.1. Heard.2. This revision has been preferred against the order/judgment dated 6.10.2005 passed by Principal Judge/Family Court, Sasaram in Maintenance Case No. 20 of 2001 filed under Section 125 Cr.P.C. thereby and thereunder the learned Principal Judge has directed the petitioner to pay Rs. 2,000/- per month to the opposite parties as maintenance.3. The opposite party No. 2, Salma Bibi is wife of petitioner and opposite party Nos. 3 to 5 are their minor children. The opposite parties filed the above mentioned maintenance case against the petitioner on the ground of neglect and ill treatment and claimed maintenance of Rs. 2,000/- per month. The petitioner contested the case and raised several grounds including divorce and also his incapacity to pay maintenance as claimed by opposite parties. However, ultimately, the learned lower court allowed the case and awarded maintenance of Rs. 2,000/- per month to the opposite parties.4. The submission of the learned Counsel ...
Tag this Judgment!Sci (India) Limited Vs. the Union of India (Uoi) and ors.
Court: Patna
Decided on: Jan-25-2007
1. Heard Mr. Satyabir Bharti, counsel for the petitioner and Mr. Sarvadeo Singh, Central Govt. Counsel representing the Central Excise Department.2. The petitioner is engaged in manufacture of denatured ethyl alcohol of any strength not fit for human consumption that is subject to the levy of excise duty. It was given four show cause notices by the excise authorities, copies of which are at Annexure 1 series. In the show cause notices it was stated that the petitioner was taking Modvat credit on molasses, the raw material for manufacture of ethyl alcohol. It was further stated that the petitioner had cleared certain quantities of the exempted final produce in breach of the provisions of a number of Excise Rules. The first show cause notice given to the petitioner was dated 31.3.1997 and it related to the period September, 1990. The second (sic) dated 24.9.1997 related to the period April-August, 1997. The third notice, dated 5.3.1998 related to the period September, 1997 to February, ...
Tag this Judgment!The State of Bihar Vs. Umesh Choudhary and ors.
Court: Patna
Decided on: Jan-25-2007
Chandramauli Kr. Prasad, J.1. In an incident which had taken place in the night of 25.12.1998 at Chilbila, a remote village within the Police Station Dinara in the district of Rohtas, eight persons lost their lives. Sharda Devi lost her husband Bharat Choudhary, two sons Dhanji Choudhary aged about 8 years, Manji Choudhary aged about 3 years, two daughters Dhanwanti Kumari aged about 6 years and Richa Kumari aged about 2x1/2 months, two brothers, namely, Sunu Kumar Choudhary, aged about 6 years and Gulab Chand Choudnary aged about 18 years and a co-villager Ram Awadhesh Choudhary aged about 20 years.2. Altogether eight persons were put on trial and the 7th Additional Sessions Judge, Rohtas at Sasaram, by judgment dated 14th January, 2004 passed in Sessions Trial No. 342 of 1999, acquitted three accused persons, namely, Dashrath Choudhary, Rajesh Choudhary and Jira Devi but found Umesh Choudhary, Jokhan Choudhary, Dinesh Choudhary, Anil Choudhary and Sudama Choudhary guilty under Secti...
Tag this Judgment!Chandrama Pd. Singh @ Chandrama and ors. Vs. the State of Bihar and or ...
Court: Patna
Decided on: Jan-24-2007
J.N. Bhatt, C.J.1. In this group of 42 writ applications under Article 22 of the Constitution of India, common issue has been involved. It is, therefore, a joint request came to be made to hear the matter simultaneously and, thus, the matters are heard simultaneously and, now, are being disposed of by this common judgment.2. Learned Counsels appearing for the parties have reached to a consensus and, as such, there is no dispute with regard to the claim of the petitioners, except in some of the cases, where liability to pay has been disputed.3. The common question which has emerged for consideration in this group of cases, has been non-payment, of difference in salary on account of rise in the salary for the period between 1st January, 1971 to 31st March, 1973, pursuant to a Government resolution dated 9.2.197 3, due and payable to the teachers who were working in non-Government Schools which were, subsequently, taken over by the Government and they became the Government schools.4. At ...
Tag this Judgment!Chandra NaraIn Roy Vs. the State of Bihar and ors.
Court: Patna
Decided on: Jan-24-2007
1. Heard Mr. S.S. Asghar Hussain, Senior Advocate appearing for the petitioners in the two cases and Ms. Priyadarshani Jha, J.C. to A.A.G. IX representing the State.2. These two cases relate to the same establishment, namely, M/s. Samrat Chemical Industries, Bahuara in the district of Vaishali, that is engaged in the manufacture and sale of Ayurvedic medicine with alcoholic contents. The petitioners in CWJC No. 7477 of 2006 seek the declaration that their manufacturing licence in Form LI issued under the Medicinal & Toilet Preparation Rules would be deemed as renewed for the period 1989-90 to 2005-06 and pray for the direction for renewal of the licence for the year, 2006-07. The other case being CWJC No. 11205 of 2006 relates to the grant of licences in Forms 13 and 13A issued under Rule 93A of the Bihar Excise Rules.3. On the one hand, the State Government seems to be trying to prevent the misuse and abuse of Ayurvedic medicines with alcoholic contents as ordinary alcoholic beverage...
Tag this Judgment!Sunil Kumar Parimal and anr. Vs. the State of Bihar and ors.
Court: Patna
Decided on: Jan-24-2007
1. Heard Mr. Basant Kumar Choudhary counsel for the appellants.2. This appeal is filed against the judgment and order, dated 12.9.2006 by which the learned single Judge dismissed CWJC No. 8091 of 2006 filed by the appellants-writ petitioners seeking a direction to the Bihar School Examination Board to allow them to appear in the examination for the diploma course in physical education held by it.3. The two appellants claim to be the students of Tirhut Physical Education College, Muzaffarpur, Appellant No. 1 was a student in 1994-95 session and appellant No. 2 in 1995-96 session. According to the appellants the college was granted recognition by the State Govt. for three sessions i.e. 1993-94 to 1995-96. It is relevant to state here that the National Council of Teacher Education Act, 1993 came into force with effect from 17.8.1995. The Act allowed private colleges to make an application for recognition before the National Council of Teacher Education within six months from the date of ...
Tag this Judgment!Food Corporation of India Vs. the State of Bihar and ors.
Court: Patna
Decided on: Jan-24-2007
Aftab Alam, J.1. The petitioner, Food Corporation of India, seeks to challenge the order, dated 12.09.2006 passed by the Commercial Taxes Officer, Patliputra Circle, Patna under Section 8 of the Bihar Tax On Entry Of Goods Into Local Area For Consumption, Use Or Sale Therein Act, 1993 read with Section 32 of the Bihar Value Added Tax Act, 2005 charging entry tax amounting to Rs. 2,95,72,499.92 paise and penalty of Rs. 8,87,17,499.76 paise (totalling to Rs. 11,82,90,000/-). The entry tax was levied on food-grains (rice and wheat) brought by the petitioner to local areas within the State of Bihar from outside the State and the penalty was imposed as the Commercial Taxes Officer held that the action of the petitioner in not paying entry tax on the entire value of goods imported by it but only on the value of goods sold by it in Bihar during the relevant period amounted to concealment within the meaning of Section 32 of the VAT Act. The impugned order appertains to the first quarter of th...
Tag this Judgment!Muralidhar Singh, Vs. State of Bihar
Court: Patna
Decided on: Jan-22-2007
Rekha Kumari, J.1. The above appeals are directed against the same judgment dated 19.1.2001 passed by Sri P.N. Yadav, Sessions Judge, Munger in Session Trial No. 423 of 1992 and as such they have been heard together and are being disposed of by this common judgment. The learned Sessions Judge by the above judgment has convicted appellant Sunil Singh under Section 302 of the Indian Penal Code and all the three appellants under Section 302/34 of the Indian Penal Code, and has further convicted appellants Sohan Singh and Murlidhar Singh under Section 307 of the Indian Penal Code and sentenced appellant Sunil Singh to undergo imprisonment for life under Section 302 of the Indian Penal Code and all the three appellants to undergo imprisonment for life under Section 302/34 of the Indian Penal Code and further sentenced appellant Sohan Singh and Murlidhar Singh to undergo rigorous imprisonment for seven years under Section 307 of the Indian Penal Code with a direction that the sentences agai...
Tag this Judgment!State of Bihar Vs. Bishwa Nath Khaware and ors.
Court: Patna
Decided on: Jan-22-2007
Rekha Kumari, J.1. This appeal by the State of Bihar is directed against the judgment dated 19.6.1992 passed by Sri B. K. Thakur, Sessions Judge, Bhagalour in Sessions Trial No. 260 of 1983 acquitting all the respondents of the charges levelled against them. There was one more respondent in this appeal, namely, Paras Nath Khaware who died during the pendency of the appeal and the appeal as against him has abated.2. The prosecution case, as disclosed from the Fardbeyan (Ext. 4) of the informant Narendra Nath Khaware is that in the morning of 13.6.1982 at about 6.00 a.m. the informant along with his son Diwakar Khaware was getting his maize field situated adjacent east to his house, weeded out by the labourers when his own brother respondent Paras Nath Khaware (since dead) came and protested. In the meantime, respondent Bishwanath Khaware, son of Paras Nath Khaware and respondent Shrinath Khaware, the grand son of Paras Nath Khaware reached there and started abusing the labourers and dr...
Tag this Judgment!Paresh Nath and anr. Vs. State of Bihar and anr.
Court: Patna
Decided on: Jan-19-2007
Ghanshyam Prasad, J.1. This application under Section 482 of the Code of Criminal Procedure has been filed to quash the order dated 7.3. 2006 passed by Sri Muni Lal Paswan, Additional Sessions Judge-XII, Patna in Criminal Revision No. 831/05 as well as the order of cognizance dated 20.8.2005 passed by Sri S.D. Dwivedi, Judicial Magistrate, Patna City in Complaint Case No. 915/2004 thereby and thereunder he has taken cognizance under Sections 295A and 501 of the Indian Penal Code against the petitioners as also the entire criminal proceeding.2. The main contention of the learned Counsel for the petitioners is that the cognizance has been taken under; the above provisions in complete violation of Section 196 of the Code of Criminal Procedure. Section 196 of the Criminal Procedure Code prohibits the court to take cognizance under Section 295A of the Indian Penal Code without prior sanction of the Central or State Government as the case may be Second submission of learned Counsel for the ...
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