Patna Court July 2007 Judgments
Bihar State Small Industries Corporation Ltd., Bihar State Pharmaceuti ...
Court: Patna
Decided on: Jul-26-2007
V.N. Sinha, J.1. These winding up petitions have been taken UD for consideration in the light of the request of the Hon'ble Supreme Court contained in order dated 18.5.2007, passed in I.A. Nos. 8 and 11 in writ petition (Civil) No. 488 of 2002.2. M/S Bihar State Small Industries Corporation Ltd., Bihar, Patna, M/S Bihar State Pharmaceutical and Chemical Development Corporation Ltd., Bihar, Patna and M/S Bihar State Aqro-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 and Ors. v. The State of Bihar and Ors. reported in 1997 (1) P...
Tag this Judgment!Jiwan Paswan and ors. Vs. State of Bihar
Court: Patna
Decided on: Jul-26-2007
Shiva Kirti Singh, J.1. All the five appellants of this appeal, namely, Jiwan Paswan Surendra Paswan, Nagina Paswan Sitaram Rawani and Dhuri Paswan have been convicted by the judgment under appeal dated 19th December, 1987 passed by 8th Additional Sessions Judge. Patna in S.T. No. 86/86/5/87, for the offence under Section 302/149 of the IPC and Section 27 of the Arms Act. By an order of the same date under challenge, they have been awarded life imprisonment for the offence under Section 302/149 IPC and RI for 7 years for the offence under Section 27 of the Arms Act. Both the sentences are to run concurrently.2. The prosecution case, in brief, is that Fardbeyan of PW 3, Kongress Beldar, was recorded by Officer Incharge of Khusrupur PS, SI Chandradeep Singh (PW4) on 11-6-1985 at 16.00 hours at Baish Khanda, the alleged place of occurrence, disclosing that the informant is an artist of Deoki Natya Kala Academy and at about 10.00 a.m. he proceeded from his village to the village Chak Sing...
Tag this Judgment!Arun Yadav, Vs. the State of Bihar and ors.
Court: Patna
Decided on: Jul-25-2007
Shiva Kirti Singh, J.1. This appeal is directed against the judgment dated 20th June. 2001 and order dated 21st.June. 2001 passed by learned 1st. Additional Sessions Judge Special Judge. Saharsa in G.R. Case No. 737/1999 arising out of Salkhua P.S. Case No. 62 of 1999 whereby all the three appellants have been convicted for the offence under Section 376 of the I.P.C. and awarded rigorous imprisonment for ten years each. They have also been convicted for the offence under Section 3(i)(xi) and (xii) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act and awarded rigorous imprisonment for one year each. Both the sentences have been ordered to run concurrently.2. The occurrence in question took place in the mid-night of 6-7th July 1999 inside the residence of Manju Devi where her niece Tejrani Devi (P.W.4) the prosecutrix was also residing. The F.I.R. was lodged on the information of the prosecutrix recorded at Salkhua police station on 7-7-1999 at 5.30 P.M. The far...
Tag this Judgment!Shakuntala Devi Vs. the State of Bihar and ors.
Court: Patna
Decided on: Jul-23-2007
Mihir Kumar Jha, J.1. In this writ petition the original writ petitioner late Radhey Shyam Singh had prayed for payment of pension, gratuity, G.P.F., group insurance, leave encashment, commutation of pension and salary for the period of suspension as also for the month of February, 1998. During the pendency of this writ application, the original writ petitioner late Radhey Shyam Singh had died and has been substituted by his wife Smt. Shakuntala Devi.2. It is admitted at the Bar that during the pendency of the writ application almost entire retirement benefit payable to the original writ petitioner has been paid and noon his grievance remained confined to:- (a) leave encashment (b) salary for the period of suspension i.e. from 14.6.1993 to 20.12.1993 (c) salary for the last month of his working i.e February,1998 and (d) annual increments for the period from July,1995 to February, 1998.3. As with regard to leave encashment it is apparent from the supplementary counter-affidavit filed b...
Tag this Judgment!Afroz Mian, Vs. the State of Bihar
Court: Patna
Decided on: Jul-23-2007
Chandra Mohan Prasad, J.1. This appeal is against the -judgment dated 18.9.2004/21.9.2004 of the 5th Additional Sessions Judge. West Champaran. Betia (Gopalpur P.S. Case No. 37/99) C.R. No. 1785/99 whereby each of the three appellants has been convicted under Section 20(ii) of the N.D.P.S. Act. 1985 and sentenced to R.I. for ten years and a fine of Rs. 1 lakh and in default of pavment of fine to undergo R.I. for two years.2. The prosecution was initiated on the written report of the informant Nand Kishore Prasad Singh (P.W. 1), the officer-in-charge of the Gopalpur P.S. station in his written report that that day (1.9.99) at about 8:30 P.M. he, alone with armed police personnel compromising of Home Guards, Surendra Prasad (P.W. 5), Bindeshwari Prasad (P.W. 6), Umesh Prasad (P.W. 4), Arbind Kumar Pandey (P.W. 7) and others was engaged in maintenance of law and order and checking duty in course of polling for Lok Sabha Election and that in course of that he (informant) found three perso...
Tag this Judgment!Hrishikesh Saha Vs. the State of Bihar and ors.
Court: Patna
Decided on: Jul-23-2007
Mihir Kumar Jha, J.1. Mihir Kumar Jha, J. In this writ application the petitioner, who has retired as Executive Engineer, Canal Division, Saharsa, initially made a prayer for payment of his pension, gratuity, G.P.F. leave encashment and other retirement benefits along with interest and cost.2. During the pendency of this writ application the petitioner has been paid his retirement benefit. The delay in payment of retirement benefit has been explained in the counter-affidavit wherein it has been stated that some vigilance enquiry was pending against him. In fact, it is the case of the department that a proceeding under Rule 55A of the Classification, Control and Appeal Rule was initiated against the petitioner vide letter No. 2326 dated 22.8.1998 and the petitioner had retired without submitting his explanation to the said notice under Rule 55A of the Classification, Control and Appeal Rule. In fact, the petitioner submits that he had also submitted his reply in the Rule 55A proceeding...
Tag this Judgment!Sant Prasad Singh Vs. the State of Bihar and ors.
Court: Patna
Decided on: Jul-23-2007
Mihir Kumar Jha, J.1. In this writ application the petitioner, who has retired as Excise Superintendent, has assailed the order dated 29.10.2001, as contained in annexure-10 to the writ petition, whereby and whereunder his 25% pension has been permanently withheld. The petitioner by the same Impugned order has also been subjected to further punishment in the form of no payment of salary beyond the subsistence allowance for the period of suspension i.e. 24.9.1998 to 5.7.1999.2. The fact, as much is necessary to be recorded for disposal of the case, lie in a very narrow compass.3. The petitioner, while he was working as Excise Superintendent of Saharsa and Supoul, was also made in-charge of Katihar district on 17.2.1998. An incident took place with regard to poisonous and spurious liquor in a shop at Korha Bazar in the district of Katihar during his aforesaid tenure as Excise Superintendent, Katihar. The petitioner for the aforesaid misconduct and dereliction of duty on his part had bee...
Tag this Judgment!Hardinge Memorial Fund Trust Through Its Secretary Haroon Rasheed Vs. ...
Court: Patna
Decided on: Jul-20-2007
S.N. Hussain, J.1. An intervention petition has been filed by M/s Vijay Kumar, Anil Kumar, Bashisth Narain Srivastava and Parmanand Prasad in the instant case on 24.1.2006 in representative capacity of the users and beneficiaries of the Hardinge Park as they are vitally concerned with the ecological necessity, public requirement and situational importance of the Park. Neither any counter affidavit has been filed to the said petition, nor any objection has been raised thereto by any of the parties. This Court also finds it desirable to impaled the said intervenors in this case in the larger interest and for proper adjudication of the matter involved. Hence the intervention petition is allowed and the said intervenors are added as respondents No. 7 to 10 in the instant writ case.2. This writ petition has been filed by the Hardinge Memorial Fund Trust through its Secretary for quashing order of the Collector, Patna (respondent No. 5) dated 07.10.2005 (annexure-1) as well as the follow up...
Tag this Judgment!S.L. Saraf @ S.L. Shroff and ors. Vs. the State of Bihar and ors.
Court: Patna
Decided on: Jul-20-2007
S.C. Jha, J.1. The order under challenge is dated 28.6.2003 passed by the learned Chief Judicial Magistrate, Patna, in Complaint Case No 1446(M) of 2003 when by and whereunder he has taken cognizance against the petitioners for the offence punishable under Section 85(a) of the Employees State Insurance Act (hereinafter to be referred to as 'the Act') and thereby directed to secure for their appearance in the case.2. Heard learned Counsel for the petitioners and the learned Additional Public Prosecutor appearing on behalf of the State 3. No body appears on behalf opposite party Nos. 2 and 3 in spite of the fact that notices have been duly served in the office of the Employees State Insurance, original office being at Panchadeep Bhavan, Patna.4. The complainant seems to have filed a complaint in the csburt of the Chief Judicial Magistrate, Patna, by the State through the Inspector, Legal, Employees State Insurance against the petitioners S.L. Saraf @ S.L. Shooff, S.M. Sureka (not petiti...
Tag this Judgment!Ajay Kumar @ Sanjay Kumar Vs. the State of Bihar and ors.
Court: Patna
Decided on: Jul-19-2007
Syed Md. Mahfooz Alam, J.1. This Miscellaneous Appeal is directed against the order dated 15.7.1996 passed by the learned District Judge, Gaya in Insolvency Case No. 3/95 whereby the learned District Judge has been pleased to reject the prayer of the appellant for being adjudged as insolvent.2. The submission of the learned advocate of the appellant is that the impugned order is illegal and against the materials available on record and as such, the same requires interference.3. Before examining the points with regard to the correctness of the finding of the court below, I would like to state the case of the respective parties.4. The case of the appellant, in brief, is that in the year 1981 the appellant started a wholesale business of vanaspati and edible oil in the name and style of M/s Sheo Shakti Trading Company and had obtained sales tax and cess tax registration from the Commercial Tax Department. However the appellant sustained heavy loss in the business as a result of which hug...
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