Patna Court July 2007 Judgments

Anil Yadav @ Bare Yadav and anr. Vs. the State of Bihar

Court: Patna

Ghanshyam Prasad, J.1. Heard.2. This revision application has been filed against the order dated 17.11.2006 passed by Fast Track Court No. 3. Bhoipur in Cr. Appeal No. 65 of 2006 including the order dated 10.5.2006 passed by Juvenile Justice Board. Patna in Case No. 307 of 2005 thereby the Juvenile Justice Board has held the petitioners as not juvenile.3. The petitioners are named accused in Ara Muffasil P.S. Case No. 190 of 2005 registered, under Section 302/34 of the I.P.C. The date of occurrence is 20.10.2004. Both the petitioners claimed themselves to be juvenile i.e. less than 18 years on the alleged date of the occurrence. Ultimately, the matter was referred to Juvenile Justice Board. Patna for determination of the age of both the petitioners. In course of enquiry, the Medical Board was formed to assess their age. The Medical Board vide its report dated 16.4.2005 assessed the age of the petitioner Anil Yadav above 18 years and below 20 years and that of petitioner Chhotek Yadav...

Depone Organics Private Ltd. and ors. Vs. the State of Bihar and anr.

Court: Patna

Subash Chandra Jha, J.1. Petitioner Depone Organics Private Limited through its Managing Director Jambu Kumar Jain J.K. Jain and its Managing Director Jambu Kumar Jain J.K. Jain have filed this petition for quashing the order dated 28.2000 passed by Sri Shahad Kausar, J.M. Ist Class, Patna, in T.R. No. 773/2000 arising out of Complaint case No. 953G/2000, whereby and who rounder the learned Magistrate has taken cognizance against the petitioners and thereby directed for issuance of process for appearance of the petitioners so as to put them on trial for the offences punishable under Sections 420, 206, 120B of Indian Penal Code.2. Heard learned Counsel for the petitioners, O.P. No. 2 and learned Additional Public Prosecutor appearing on behalf of the State.Brief facts of the case as made out in the complaint before the Chief Judicial Magistrate, Patna, giving rise to Complaint case No. 953C/2000 is that the complainant is a Science graduate and also holding a degree of M.B.A. who claim...

Arvind Prasad Vs. the State of Bihar and ors.

Court: Patna

S.K. Katriar, J.1. Heard Mr. Ganesh Prasad for the petitioner, and Mr. Prabhat Kumar Singh, learned junior counsel to Government Advocate No. I for the respondents. The petitioner seeks a direction to the respondent authorities to reimburse the petitioner's claim for the treatment of his son (Sonu Kumar), undergone in Sanjay Gandhi Post Graduate Institute of Medical Sciences, Lucknow ('S.G.P.I.' for short'), K.G.S. Medical College, Lucknow, and All India Institute of Medical Sciences, Delhi (AIIMS, in short). The respondents have placed on record their counter affidavit and have, inter alia, submitted that the petitioner did not obtain prior permission for treatment of his son outside Bihar and the claim is, therefore, inadmissible in view of the provisions of the Bihar Medical Attendance Rules.2. According to the writ petition, the petitioner's son aged nine years, in the year 1998, was suffering from neuro-surgical disorder and was ultimately diagnosed to be a case of Left Cerebella...

Ram Niranjan Singh, Vs. the State of Bihar and anr.

Court: Patna

Md. Mahfooz Alam, J.1. This application has been filed for quashing the order dated 12.1.2005 passed in Complaint Case No. 115(c)/2004 arising out of the protest petition filed in Bakhtiyarpur P.S. Case No. 225/99 whereby the learned court below has taken cognizance, under Sections 148, 364(A) of the Indian Penal Code and Section 27 of the Arms Act against the. petitioners.2. It has been submitted by the learned Counsel of the petitioners that the impugned order is illegal and fit to be set aside in view of the fact that for the same offence Bakhtiyarpur P.S. Case No. 225/99 was instituted in which the police after investigation had submitted final report against the present petitioners but against other accused, the police had submitted charge-sheet on the basis of which the learned A.C.J.M., Barh had taken cognizance, against the chargesheeted accused and accepted final report against the petitioners vide order dated 16.5.2002. The contention of the learned Advocate of the petitione...

Acharya Shukat Khalil Vs. Assistant Commissioner of Income

Court: Income Tax Appellate Tribunal ITAT Patna

Reported in: (2008)113TT(JP.)at765

1. The assessee has filed this appeal for the asst. yr. 1999-00 against the order dt. 21st Dec, 2004 of the learned CIT(A).2. In ground No. 1 of the appeal, the assessee has disputed the legality of initiation of reassessment proceedings.3. I have heard the learned representatives of the parties and have perused the orders of the authorities below. I observe that the assessee filed his return of income on 16th Feb., 2001 along with the copy of balance sheet, P&L a/c. A copy of the said return along with balance sheet and P&L a/c is placed on record. In the said return, the assessee disclosed purchase of land for a consideration of Rs. 1,10,000 (including registration expenses). He also showed agricultural income of Rs. 62,926. It is observed that the said return was processed under Section 143(1) of the Act. Subsequently, the AO has initiated reassessment proceedings by issuing notice under Section 148 of the Act on the ground that the assessee purchased agricultural land by m...

Raghubir Chamar @ Ahir and Vs. the State of Bihar

Court: Patna

Syed Md. Mahfooz Alam, J.1. This criminal appeal has been preferred by the above named two appellants against the judgment and order dated 28.1.1988 passed by the learned Additional Sessions Judge 4th Ara, Sri S.M.I.I.F. Alam, in Sessions Trial No. 375 of 1984 arising out of Dhansoi P.S. case No. 1 of 1984 whereby he has been pleased to convict both the appellants, namely, 1. Raghubir Chamar @ Ahir and 2. Ram Naresh Yadav @ Naresh Ahir under Section 396 of the Indian Penal Code and sentenced them to undergo rigorous imprisonment for life.2. The prosecution case as per the statement given by P.W.11, Ramadhar Pathak, before the Police Officer of Dhansoi P.S. in the night of 3.7.84 at 3.30 A.M. in presence of Chaukidar, Suresh Yadav, in brief, is that in between the night of 2nd and 3rd July, 1984, he was sleeping at his Darwaza (Baithka) situated at a distance of about 20-30 yards from his residential house towards south west. At about mid night he woke up on hearing sound of barking o...

Dr. Kunal Hazari Vs. the State of Bihar and ors.

Court: Patna

Navin Sinha, J.1. The original petitioner, Dr. (Mrs) Iva Rani Hazari was the lessee of Khas Mahal lands measuring 6 Kathas 18 Dhurs 5 Dhurkies bearing Holding No. Nil, Circle No. 13, Plot No. 15, Ward No. 10, Block No. C, in Kadamkuan, Khas Mahal T No. 17023 P.S. Pirbahore, under a lease deed executed by the Collector of Patna in favour of her ancestor. She has been deceased during the pendency of this application and was substituted by the present petitioner, the legatee under her will.2. The writ petition was filed challenging the show cause notice dated 23.8.2001 issued by the Collector, Patna, questioning the construction by her of a multi-storeyed residential apartment styled 'Kanika Mehar Apartment' on the Khas Mahal lands leased to her for residential use, through a professional builder thus commercialising the lands, and the user contrary to the conditions of the lease. She was required to show cause why the lease be not cancelled for breach of the conditions of the lease. The...

Ramanand Prasad Vs. State

Court: Patna

Samarendra Pratap Singh, J.1. Heard the parties.2. The petitioner apprehends his arrest in a case under Section 7 of the Essential Commodities Act.3. The prosecution case in short is that the Block Supply Officer, Akbarpur, the authorised officer under Clause 30 of the Bihar Trade Articles (Licenses Unification) Order, 1984 along with the Sub Divisional Officer, Rajaul raided the shop of one Bhuttu Ansari at Nemdarganj Bazar and 840 liters of Blue kerosene oil was recovered contained in drums on which name of the petitioner along with his license number and one another had been inscribed. It is alleged that the petitioner who is a PDS dealer had stored blue kerosene oil in the shop of Bhuttu Ansari for blackmarketing as latter has no license for dealing in blue kerosene oil.4. It is submitted on behalf of the petitioner that he is a licensed dealer under Public Distribution System and his shop is at some distance from the shop of said Bhuttu Ansari. It is further submitted that the pe...

State of Bihar Vs. Jagdish Sharma and anr.

Court: Patna

Madhavendra Saran, J.1. This Government Appeal is against the order and Judgment dated 9.12.1992 passed by Smt. Santoshi Tiga, Judicial Magistrate, 1st class, Railway, Samastipur in Samastipur R.P.F case No. 10/1985 corresponding to Jr. No. 194/1992 by which learned Magistrate acquitted the respondents from the charges under Section 3 of Railway Property (Unlawful Possession) Act (in short as Act).2. The prosecution case, in short, is that on 31.1.1985 Birendra Kumar Singh, A.S.I along with police party proceeded to search the house of respondent Jagdish Sharma and when they reached near the house of Jagdish Sharma they found some persons engaged in concealing the properties here and there outside the house on the information given by Sitaram Sharma, brother of Jagdish Sharma about the arrest of son of Jagdish Sharma. It is further said that seeing the raiding party the persons so engaged fled away. House of respondent, Jagdish Sharma was searched and some properties alleged to be ra...

Bihar State Small Industries Corporation Ltd., Vs. State of Bihar

Court: Patna

V.N. Sinha, J 1. These winding up petitions have been taken up for consideration in the light of the request of the Hon'ble Supreme Court contained in order dated 18 May 2007, passed in IA Nos. 8 and 11 in Writ Petition (Civil) No. 488 of 2002.2. Bihar State Small Industries Corporation Ltd./Bihar, Patna, Bihar State Pharmaceutical and Chemical Development Corporation Ltd., Bihar, Patna and Bihar State Agro-Industries Development Corporation, Patna, were incorporated as a State Government company within the meaning of Section 617 of the Companies Act with their registered offices situate at Patna in the State of Bihar. As the financial condition of the aforesaid three Government companies as also other Government companies became precarious and they were unable to discharge their routine liability, such as payment of salary and wages to their employees, a Full Bench of this court in the case of Manikant Pathak v. State of Bihar (1997)(1) PLJR 664, directed the State Government compani...