Patna Court December 2007 Judgments
Pro Agro Seeds Co. (P) Ltd. Vs. the State of Bihar and ors.
Court: Patna
Decided on: Dec-13-2007
Mihir Kumar Jha, J. 1. In this writ application, the petitioner company has assailed the validity of notices, dated 05.09.2006, the assessment order, dated 20.11.2006 and the consequential demand notices also dated 20.11.2006 for the years 1997-98, 1998-99, 1999-2000, 2000-01 and 2001-02 under Bihar Finance Act, 1981 (hereinafter referred to as 'the Act').2. The case of the petitioner as set out in the writ application is that it is a wholesaler carrying business of hybrid maize seeds and other items. It has been stated that the petitioner company had been assessed to sales tax @ 4 percent on the sale of maize seeds for the period 1997-98 to 2001-02. The further case of the petitioner is that a proceeding under Section 19 of the Act was initiated against it on the basis of a judgment of the Patna High Court in the case of Spic Phi Seeds Ltd. v. The State of Bihar and Ors. and Ors. analogous cases. 2005(3) PLJR 470 wherein it had been held that the sales tax on maize seeds was to be pa...
Tag this Judgment!Bishwanath Sahani, Vs. State of Bihar
Court: Patna
Decided on: Dec-13-2007
Ghanshyam Prasad and Shyam Kishore Sharma, JJ.1. This appeal has been preferred against the judgment of conviction dated 30th May, 2003 and order of sentence dated 2.6.2003 passed by the 4th Additional Sessions Judge, Vaishali at Hajipur in Sessions Trial No. 122 of 2002 Appellant Munilal sahni has been convicted for the offence under Sections 302, 394, 412 of the Indian Penal Code and also under Section 27 of the Arms act and has been sentenced to undergo imprisonment for life under Section 302 IPC, R.I. for seven years under Section 394 IPC, R.I. for three years under Section 412 IPC and R.I. for one year under Section 27 of the Arms Act. Appellant Biswanath Sahani has been convicted under Section 302/34 of the Indian Penal Code and has been sentenced to undergo imprisonment for life. Appellant Sanichar Sahani has been convicted under Section 120B of the Indian Penal Code and has been sentenced to undergo imprisonment for life. All the sentences of appellant Munilal Sahani have been...
Tag this Judgment!Shatrudhan Mahto and ors. Vs. State of Bihar
Court: Patna
Decided on: Dec-13-2007
Rekha Kumari, J.1. The petitioners by filing this petition under Section 482 of the Code of Criminal Procedure, 1973 has prayed for quashing the order dated 28.11.2005 passed by the Additional Sessions Judge-cum-Fast Track Court No. IV, Motihari in Sessions Trial No. 150 of 2005 whereby and whereunder he has allowed the petition under Section 319 of the Code of Criminal Procedure to add the petitioners as accused and has ordered to issue summons against them.Heard learned Counsel for both the parties and learned A.P.P. appearing for the State.2. The contention of the learned Counsel for the petitioners is that though the petitioners were named in the first information report but the police during investigation did not find material against them and so the petitioners were not sent up for trial by the police. The police report was also accepted by the Magistrate and cognizance was taken against the chargesheeted accused. Therefore, when the police has already found the case 'not true' ...
Tag this Judgment!Anita Anamika Vs. Bhagalpur University and ors.
Court: Patna
Decided on: Dec-12-2007
V.N. Sinha, J. 1. Heard learned Counsel for the petitioner and the Tilkamanjhi Bhagalpur University (hereinafter referred to as 'the University').2.Petitioner appeared in the B.A. Home Science (Honours) Examination Part-I, II and III from the University, as is evident from her Admit-Card, Annexure-3, 5 and 7 as also her mark-sheet issued by the University, Annexure-6 and by the Siddheshwari Badri Narayan (Degree) College, Munger dated 09.03.2005, Annexure-8.3. Petitioner has filed this writ application for a direction to the authorities of the University to issue her final mark-sheet as also the original certificate indicating that she has passed B.A. Home Science (Honours) Examination from the University which prayer is being objected to by the University with reference to the averments made in the counter affidavit as according to the University she secured only 22 marks in practical of Part-II which is one mark less than the pass marks 23 and as she has not passed the practical exa...
Tag this Judgment!Pramod Chandra Munnu Vs. the State of Bihar and ors.
Court: Patna
Decided on: Dec-12-2007
J.N. Singh, J.1. In this writ application petitioner, an Assistant Engineer in the Road Construction Depart of the Government of Bihar, has challenged the order of his suspension dated 3.4.2006, as contained in Annexure-6 to the writ application, as well as resolution dated 1.7.2006, as contained in Annexure-7 to the writ application, initiating departmental proceeding against him and issuing show cause along with a copy of the charge sheet asking him to submit his show cause to the enquiry officer appointed by the resolution.2. Facts of the case are that the petitioner was appointed as Assistant Engineer vide Government notification dated 16.6.1987 in the Road Construction Department. Later on, he was placed under deputation in the Rural Engineering Organization of the Rural Development Department. While on deputation in the Rural Engineering Organization between the periods June, 1990 to September, 1993 he was posted as Assistant Engineer in the Pupri Sub-Division at Sitamarhi. Whi...
Tag this Judgment!Munna Yadav and ors. Vs. the State of Bihar
Court: Patna
Decided on: Dec-11-2007
Ghanshyam Prasad, J.1. All the four appellants have challenged their conviction and sentence dated 12.9.2002 rendered by the Fast Track Court No. 1, Gaya in Sessions Trial No. 23 of 2002/451 of 1993. Appellant Ram Bhajan Yadav has been convicted under Section 302 IPC and sentenced to undergo imprisonment for life and rest three appellants have been convicted under Section 323 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for one year.2. Prosecution story in brief is that on 25.10.1992 at about 6.00 PM the informant Nand Kumar Yadav (PW 6) along with his father and other family members was sitting at Darwaja of his house. In the mean time appellant Munna Yadav in drunken state came from the side of Bela Bazar and began to hurl abuses upon them. The informant and his family members protested, upon which Munna Yadav began to scuffle with them and also made noises. Thereupon other appellants armed with lathi and Fasuli came and assaulted the prosecution party, as...
Tag this Judgment!The State of Bihar and ors. Vs. Dr. Narendra Prasad Mishra
Court: Patna
Decided on: Dec-11-2007
1. State of Bihar and its Officers being, aggrieved by the order dated 11.9.2006 passed by a learned single Judge of this Court in CWJC No. 442 of 2006, disposing of the writ application and directing them to accord similar- benefit to the writ-petitioner-respondent herein given to the petitioner of CWJC No. 1458 of 1990 (1991(1) PLJR 330), has preferred this appeal under Clause X of the Letters Patent.2. Facts which are not in disputes that the writ petitioner was appointed as Medical Officer in the year 1973 by the District Board, Sitamarhi. His services was taken over by the State Government by notification dated 16.3.1981. The concurrence of the Bihar Public Service Commission was obtained for that purpose. He superannuated from service on 31.12.2003. Later on the State Government took decision that the services rendered by the Teachers, Sanitary Inspectors and Compounders in the District Board shall be counted as pensionable service. Other categories of the employees, viz; Dresse...
Tag this Judgment!Vivekanand Mishra Vs. State of Bihar
Court: Patna
Decided on: Dec-07-2007
Dharnidhar Jha, J. 1. The sole appellant Vivekanand Mishra, a constable in Bihar Police Force, was tried for charges under Sections 302 and 353 of the IPC and Section 27 of the Arms Act in Sessions trial No. 32 of 2002/97 of 1994 which arose out of Khizersarai P.S. case No. 32 of 1992 and was found guilty of committing the above noted offences by the Presiding Officer-cum-Additional Sessions Judge, Gaya by a judgment and order of conviction dated 24th of May, 2002 and was directed to suffer rigorous imprisonment for life under Section 302 of the IPC. The learned trial Judge did not pass any separate sentences for the conviction of the appellant under Section 353 of the IPC and Section 27 of the Arms Act. The above judgment and order of conviction as also sentence has been assailed in the present appeal.2. The charges related to an occurrence dated 20th March, 1992. The prosecution story as contained in Ext-2, the fardbayan of P.W.5, constable Ramchandra Chauhan, states that at the abo...
Tag this Judgment!Sri Hem Chandra Singh Vs. the State of Bihar and ors.
Court: Patna
Decided on: Dec-07-2007
V.N. Sinha, J.1. Heard learned Counsel for the parties.1.1 Petitioner, who at the relevant time was serving as District Co-operative Officer-cum-Managing Director, Central Co-operative Bank Ltd., Chapra, has filed this writ application assailing the notification of the State Government, bearing Memo. No. 217 dated 15.1.1999, Annexure-1, whereunder after conclusion of the departmental proceeding in the light of the findings recorded by the Enquiry Officer that he distributed loan to the tune of over Rs. one crore to the different co-operative societies on the basis of incorrect facts/figures furnished by those societies as also withdrew house rent allowance beyond the rent paid by him and that he further violated the orders of his superiors, he has been dismissed with approval of the Bihar Public Service Commission (hereinafter referred to as the Commission).1.2 During pendency of this application, by filing I.A. No. 2981 of 2007, he has placed on record letter No. 482 dated 18.3.2005,...
Tag this Judgment!Kedar Paswan Vs. the State of Bihar and ors.
Court: Patna
Decided on: Dec-07-2007
V.N. Sinha, J. 1. Heard learned Counsel for the parties.2. Petitioner has filed this application for a direction to the State respondents to consider his case for promotion on the post of Chief Engineer against the vacancy, which arose in the year 1994 in the light of the Government Resolution No. 213 dated 7.6.2002, Annexure-9 to this application issued pursuant to insertion of Article 16(4a) in the Constitution, which empowers the state to provide for making special provision for reservation in the matters of promotion in favour of Scheduled Caste and Scheduled Tribes Officers as they are not adequately represented in the services of the State as Officers junior to him in the revised gradation list of Superintending Engineer, bearing Notification No. 8358 (s) dated 11.11.2005, Annexure-11, vide Serial Nos. 46, 47 and 48 have already been so promoted ignoring his better claim and seniority position at serial No. 42.3. The State respondents have opposed the prayer by filing counter af...
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