Patna Court August 2007 Judgments
Dr. Sachchidanand Dubey Vs. the State of Bihar and ors.
Court: Patna
Decided on: Aug-03-2007
Mihir Kumar Jha, J.1. Pursuant to the earlier order though the Director(Administration) Department of Primary, Secondary and Adult Education, Bihar, Patna, is present but the Secretary of the aforesaid department is not present. An application has been filed, I.A. No. 4272 of 2007, praying therein that his personal appearance may be exempted as he is busy in attending official meeting at Lucknow. In view of the facts mentioned in I.A No. 4272 of 2007, such prayer of the Secretary of the department for his exemption is allowed.2. A counter-affidavit has been filed on behalf of respondent Nos. 1 and 2 and the Director (Administration), who is also present in the Court, has claimed that whatever amount admissible and payable to the petitioner has already been paid.3. Mr. Shukla, learned Counsel for the petitioner, raised the issue that certain amount of payment of salary of his earlier promotion has not been paid.4. Learned Counsel for the State submits that so far admissible amount of p...
Tag this Judgment!Nandlal Prasad and Etc. Vs. State of Bihar
Court: Patna
Decided on: Aug-03-2007
1. All these appeals arise out of the same judgment and order and as such, they have been heard together and are being disposed of by this common judgment.2. Nand Lal Prasad (appellant in Cr. Appeal No. 246 of 2002), Harendra Mahto (appellant in Cr. Appeal No. 274 of 2002) and Lal Bihari Prasad (appellant in Cr. Appeal No. 296 of 2002), aggrieved by the judgment dated 24-4-2002 and order dated 26-4-2002 passed by the 3rd Additional Sessions Judge, West Champaran, Bettiah in Sessions Trial No. 152 of 1995 holding them guilty under Section 364A of the Indian Penal Code and inflicting the punishment of imprisonment for life and to pay a fine of Rs. 5,000/- each, and in default to undergo rigorous imprisonment for a period of two years, have preferred these appeals.3. Prosecution started on the basis of a fardbeyan given by P.W. 4 Vishwanath Sah before the Sub-Inspector of Police of Bhairavganj Police Station on 21-1-1995 at 11 a.m. at Kanchhedwa Chowk within Harsidhi Police Station. Acco...
Tag this Judgment!Unit Head, National Jute Manufacturers Corpn. Ltd. Vs. Saroj Agarwal a ...
Court: Patna
Decided on: Aug-02-2007
Rekha Kumari, J.1. This is an appeal against the order dated 20-1-2006 passed by the Sub Judge I, Katihar in Misc. Case No. 2/ 2004.2. The appellant is the Unit Head, National Jute ., Unit R.B.H.M., Katihar having its office at R.B.H.M. Jute Mills, Katihar and respondent No. 6 is the Director (Personnel), National Jute . having his office at Kolkata.3. The appellant had to start a canteen in his mill premises for the workers. Tenders were invited for this. Pramod Kumar Agarwal after whose death, during arbitration proceeding the respondents were substituted and who would hereinafter be referred to as the 'Contractor') filed tender. Thereafter through a letter, the contractor was directed to start the canteen. The contractor accordingly started the canteen. The case of the respondents is that the contractor started supplying food, breakfast, tea etc. as per concessional rate given by the management of the Mill. He was assured that subsidy would be paid after entering into proper agreem...
Tag this Judgment!Indian Oil Corporation Ltd. Vs. State of Bihar and ors.
Court: Patna
Decided on: Aug-01-2007
Narayan Roy, J.1. Heard counsel for the parties.2. This writ application is directed against order dated May 18, 2004 passed by the Commercial Taxes Tribunal, Bihar, Patna, in Revision Case No. PT-257/1997, whereby and whereunder imposition of penalty against the petitioner under Section 16(9) of the Bihar Finance Act, 1981 (hereinafter to be referred to as, 'the Act') for the period 1994-95 was affirmed.3. Dr. Debi Pal, learned Counsel for the petitioner, submitted that the petitioner is engaged in distribution and sale of petroleum products through its sale depots and sale point throughout the country including the State of Bihar. The petitioner had deposited the admitted tax of Rs. 4,84,14,513 for quarter ending on December 31, 1994 on February 28, 1995 though a prayer was made to condone the delay and extend the time for submitting the quarterly return till the end of February, 1995. However, the assessing officer initiated a proceeding under Section 69 of the Act for delay of pay...
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