Patna Court February 2007 Judgments

Medivet and ors. Vs. the Commissioner of Income Tax and anr.

Court: Patna

M. Saran, J.1. In this Miscellaneous application prayer is for quashing the entire proceedings including the order of cognizance dated 3.1.2000 passed by learned Special Judge, Economic Offences, Patna in Complaint Case No. 395(C)/99 by which he has issued processes against the petitioners and other for facing trial for the offences punishable under Sections 276C, 277 and 278 of the Income Tax Act, 1961 (in short as Act)2. It is said that petitioner No. 1 is a partnership firm of which petitioner No. 2 Sri Sarad Kumar is one of the partners. Petitioner No. 3 is Accountant of the said firm. The facts of the case, in short, are that opposite party No. 2 filed a petition of complaint in the court of Presiding Officer/special Judge, Economic Offences, Civil Court, Patna alleging therein that a search was conducted in the case of Sanwin Pharmacuticals at its office situated in Merchant Building, 9/12, Lal Bazar Street, Calcutta-1 in June, 1996 and during the search some documents pertainin...

Deputy Commissioner of Income Tax Vs. Dipesh Chandak, Dipesh Chandak

Court: Income Tax Appellate Tribunal ITAT Patna

Reported in: (2007)110TT(JP.)at366

1. In all these appeals filed by the Department as well as the assessees, the main issue involved is fraudulent withdrawals from Animal Husbandry Department (AMD), Government of Bihar, in the fodder scam. Therefore, all these appeals were heard together and are being disposed of by this consolidated order for the sake of convenience.2. The brief history of the case gathered from papers brought on record and submissions made is that Shri Dipesh Chandak was engaged in the criminal conspiracy of systematic fraudulent withdrawals of funds from the State Exchequer in connivance with the officials of AHD, Government of Bihar, and others. The modus operandi to facilitate this was that purchase orders were placed by AHD on the assessee for supply of feed to the Department. The assessee in turn would raise bogus bills of supply of feed on the Department without actually making them. In support of these supplies, the assessee would raise fictitious purchase vouchers as if purchases have actuall...

The State of Bihar and ors. Vs. Indrasan Singh

Court: Patna

1. Heard Mr. Shyam Kishore Sharma, G.A. V in support of the appeal and Dr. S.N. Jha appearing for the respondent.2. The respondent Indrasan Singh came to this Court in CWJC No. 7590 of 2002 challenging the office order issued by the Joint Secretary to the Government in the Department of Health under his memo No. 98, dated 11.6.2002 by which his service was terminated from the date of issuance of the order on the ground that his initial appointment was illegal.3. On behalf of the respondent (writ petition) it was stated that in 1984 he was engaged on daily wages to discharge the duties of typist in the Engineering Cell of the State Family Welfare Bureau under the Health Department. While working on daily wages the petitioner made a representation for his regularisation in service which was forwarded to the superior authorities in the Department. Later on a Monitoring Cell was set up in the Health Department where there was requirement of someone able to type on an electronic typing mac...

Lala Tiwary and Manoj Kumar Tiwary Vs. Union of India (Uoi)

Court: Patna

Chandramauli Kr. Prasad, J.1. Both the appellants, being aggrieved by the judgment dated 6th of October, 2004 passed by the 5th Additional Sessions, West Champaran, Bettiah in Trial No. 06 of 2001 holding them guilty of offence under Section 23 of the Narcotic Drugs and Psytchotropic Substances Act, 1985 and sentencing them to undergo rigorous imprisonment for twenty years each, have preferred this appeal.2. According to the prosecution, on the basis of an Intelligence message Ambassador Car bearing registration No. U.M.Y-2527 having plate of 'Bharat Sarkar' affixed in its front portion, was intercepted by the Valmikinagar Custom Staff at Valmiki Nagar Custom Check Post on 11th January, 2001 at 6 A.M. On interception two persons, namely, Manoj Kumar Tiwari and Lala Tiwari alias Surya Prakash Tiwari, appellants herein were found travelling in the car. On inquiry Manoj Kumar Tiwari disclosed that he is the driver of the Car who had gone alongwith the other accused to drop the officials ...

Prem Chandra Jha and ors. Vs. the State of Bihar and ors.

Court: Patna

Sudhir Kumar Katriar, J.1. Four petitioners have joined this writ petition with the prayer to quash the following orders whereby their services as Constables in, the Bihar Police Force have been dispensed with:i) Order dated 30.4.2002, issued under the signature of the Superintendent of Police, Samastipur, dispensing with the services of petitioner No. 1 (Prem Chandra Jha).ii) Order dated 30.11.2002, issued under the signature of the Superintendent of Police, Jamui, dispensing with the services of petitioner No. 2 (Umesh Kumar Verma).iii) Order dated 30.12.2001, issued under the signature of the Superintendent of Police, Darbhanga, dispensing with the services of petitioner No. 3 (Kumar Raju).iv) Order dated 10.12.2001, issued under the signature of the Superintendent of Police, Darbhanga, dispensing with the services of petitioner No. 4 (Arun Kumar Jha).Prayer has also been made to restore their services as Constables with consequential benefits.2. A brief narration of facts is essen...

Amit Kumar Thakur @ Amit Ranjan Thakur Vs. the State of Bihar

Court: Patna

Sadanand Mukherjee, J.1. Heard the parties.2. This is an application for bail for the offences punishable under Sections- 324, 307 and 302 of the I.P.C. The prosecution case is that the petitioner inflicted dagger injury to the deceased Sarita Jha in presence of the informant, who also triad to save her sister. The informant was also assaulted by the petitioner with dagger, deceased Sarita Jha succumbed to the injuries.3. The main contention on behalf of the petitioner is that the alleged offence was committed on 24.3. 2000 when the Juvenile Justice Act, 1986 was in force, and as par provisions of the said Act the petitioner ceased to be a juvenile and as such his case was treated as a general one and his trial proceeded in the trial court, while trial proceeding Juvanile Justice (Care and Protection of Children) Act, 2000 came into force on 1.4.2001, as amended in the year, 2006 which contemplaces that 'Juvanile in conflict with law' means a juvenile who is alleged to have committed ...

Md. Kamal and ors. Vs. the State of Bihar and anr.

Court: Patna

M. Saran, J.1. This application under Section 482 of the Code of Criminal Procedure (in short as 'the Code') has been filed for quashing the order dated 13.9.2004, by which order has been passed to confirm the proceeding under Section 188 of the Indian Penal Code (in short as 'IPC') against the petitioners and also for quashing the order dated 20.9.2004 passed by learned Chief Judicial Magistrate, Jehanabad whereby and whereunder cognizance has been taken against the petitioners.2. It is said that the learned Sub-divisional Magistrate, Jehanabad on being satisfied regarding apprehension of breach of peace initiated a proceeding under Section 144 of the Code restraining the parties from going near or upon a strip of land measuring 12' long north to south and 5' wide east to west being a portion of plot No. 1060/2141 under khata No. 5748 with specified boundary situated at Mohalla Kanchia Tola, Ward No. 6 of the town Jehanabad. The notice under Section 144 of the Code restraining the pa...

National Insurance Company Vs. Chanchala Devi and ors.

Court: Patna

S.N. Hussain, J.1. Heard learned Counsel for the appellant and learned Counsel for the respondents.2. This Misc. Appeal, is directed against the judgment and award dated 31.07.2002 passed by the Deputy Labour Commissioner-cum-Commissioner for workmen Compensation Magadh Range, Gaya in CWC Case No. 32 of 1998 by which the appellant-opposite party was directed to pay Rs. 2,15,280/- as compensate on to the claimant under the provision of Section 4 of the Workmen's Compensation Act, 1923.3. After hearing the learned Counsel for the parties and (considering) the materials on record including the impugned order, it is quite apparent that the matter was a contested one and the impugned order was passed after hearing both the sides. It is also not in dispute that the impugned order was passed by Deputy Labour Commissioner-cum-Commissioner for Workmen Compensation, Magadh Division, Gaya.4. A decision of this Court in case of Most. Parmada Devi v. Sri Bishwanath Singh and Ors. reported in 2003 ...

Shanti Devi Vs. Anil Kumar Singh

Court: Patna

1. According to Anil Kumar Singh, son of late Janardan Sinha, his grand-father Ram Binod Singh died testate on 23rd May, 1967. In 1983 almost 16 years after the death of the testator, Anil Kumar Singh filed an application for grant of letters of administration annexed with the Will. At the time when the application was filed one of the sons of Ram Binod Singh, namely, Dr. Surendra Sinha was alive. He was accordingly cited but, admittedly, he did not enter a caveat. One of the daughters of Ram Binod Singh, namely, Sharda Mandal, on being cited, filed a caveat and thereupon filed an affidavit-in-support of the caveat and, as a result, in 1987 the application for grant was treated as a suit in between Anil Kumar Singh, plaintiff and Sharda Mandal, defendant. 2. In the meantime on 30th October, 1986. Dr. Surendra Sinha died intestate and, as a result, his wife Brij Shanti Mani, being the appellant above named, in her own capacity, acquired some interest in the estate of Ram Binod Singh, t...

Sri Niwas Prasad and ors. Vs. the State of Bihar

Court: Patna

Ghanshyam Prasad, J.1. Heard.2. This application under Section 482 Cr.P.C. has been filed to quash the order dated 2.9.2006 passed by C.J.M., Bettiah in Bettiah Muffasil P.S. Case No. 343 of 2005 thereby and thereunder cognizance under Sections 302/120B I.P.C. has been taken against the petitioners.3. The short facts in this case is that on 28.11.2005, informant Gulachi Devi lodged fardbeyan before Bettiah Muffasil P.S. Case against eight persons including these petitioner for murder of her husband. The police registered case under Sections 302/109/34 of the I.P.C against all the accused persons. The police after investigation submitted chargesheet against three accused persons and kept investigation pending against rest five accused persons who are petitioners. The learned C.J.M. took cognizance under Sections 302/34 I.P.C. against three accused persons. Thereafter, the case was committed to the court of Sessions. Now the case is pending before the Sessions Judge bearing Sessions Tri...