Patna Court January 2008 Judgments
The State of Bihar Vs. Kedar Nath Singh and ors.
Court: Patna
Decided on: Jan-30-2008
Sudhir Kumar Katriar and Kishore K. Mandal, JJ.1. The State of Bihar has preferred this appeal in terms of Clause 10 of the Letters Patent of the Patna High Court, and is aggrieved by the order dated 30.7.1999, passed in C.W.J.C. No. 8883 of 1997, whereby the writ petition preferred by respondent No. 1 herein (Kedar Nath Singh) has been allowed, and the order of dismissal from service passed against him by the learned appellate authority by invoking the powers of enhancement has been set aside. We shall go by the description of the parties occurring in the writ petition.2. A brief statement of facts is essential for disposal of this appeal. The writ petitioner (respondent No. 1 herein) was appointed as a Company Commander (equivalent to Sub-Inspector of Police) in Bihar Homeguards on 2.6.1966. He was promoted to the next higher post of Inspector on 1.1.1982. While he was posted at Khagaria a group of Homeguard Jawans filed a joint application before the Superintendent of Police, Khaga...
Tag this Judgment!The State of Bihar and ors. Vs. Sardar Guru Dayal Singh and ors.
Court: Patna
Decided on: Jan-30-2008
Chandramauli Kr. Prasad, J.1. In exercise of the power conferred under Section 4(1) of the Bihar State Minorities Commission Act, 1991, hereinafter referred to as the Act, the State Government vide notification dated 18th of August, 2004 constituted Bihar State Minorities Commission and nominated Sohail Ahmad Khan and Prahlad Kumar Sarkar as Chairman and Vice-chairman of the Bihar State Minority Commission in exercise of power under Section 4(2) of the Act. The term of office of Sohail Ahmad Khan was three years from 20th of August, 2004 and that of Prahlad Kumar Sarkar of three years from the date he assumes the charge of his office. Later on, by notification dated 3rd of September, 2005 the State Government filled up the vacancies in the Commission. By the aforesaid notification Sardar Guru Dayal Singh, petitioner in CWJC No. 9336 of 2006, was nominated as Vice Chairman and Father Peter besides others as the Members of the Commission.2. A show cause notice dated 2.3.2006 was issued...
Tag this Judgment!Gokul Prasad Vs. State of Bihar and ors.
Court: Patna
Decided on: Jan-30-2008
Chandramauli Kumar Prasad, J. 1. Free-hold land measuring 1328 sq. ft. With building thereon including the business, which was being run in the name and style of M/s. Vivek Printing Press, Shahganj in the town of Patna, originally belonged to a partnership firm, of which the writ petitioner Gokul Prasad was one of the partners. Said partnership firm fell in arrears and action was taken under Section 29 of the State Financial Corporation Act, 1951. Writ petitioner purchased the property in an auction sale by the Bihar State Financial Corporation, hereinafter referred to as 'the Corporation' at a price which was outstanding against the partnership firm. The outstanding dues against the partnership firm were in the vicinity of Rs. 3 lacs. Writ petitioner got exclusive possession of the property in the year 1991. He deposited Rs. 80,000/-, Rs. 27,000/- and Rs. 40,000/-, total amounting to Rs. 1,47,000/- in the year 1991, 1994 and 1996 respectively, but thereafter did not deposit any amoun...
Tag this Judgment!NaraIn Sah @ NaraIn Prasad Sah and anr. Vs. State of Bihar and anr.
Court: Patna
Decided on: Jan-29-2008
Rekha Kumari, J. 1. This application under Section 482 of the Code of Criminal Procedure has been filed for quashing the order dated 8.3.2006 passed by the learned Additional Sessions Judge-cum-Fast Track Court No. Ill, Begusarai in Criminal Revision No. 456 of 2003 whereby he has set aside the order dated 18.7.2003 of Sri S.P. Shukla, J.M. 2nd Class, Begusarai in Complaint Case No. 255-C of 2003 dismissing the complaint filed by Opposite Party No. 2 Birendra Prasad Sah under Section 203 of the Code of Criminal Procedure, 1973.Heard both sides.2. It appears that Opposite Party No. 2 had filed a complaint against the petitioners stating therein that they had filed an informatory petition before the Chief Judicial Magistrate, Begusarai which contained defamatory statements and had been filed only with a view to defame him and other members of his family. It is also alleged that when he came to know of it and talked about it before the others, the petitioners came to his house and abuse...
Tag this Judgment!Pankaj Sharan and Gautam Banerjee Vs. the State of Bihar and ors.
Court: Patna
Decided on: Jan-29-2008
S.K. Katriar and Kishore K. Mandal, JJ.1. The two appeals in terms of Clause 10 of the Letters Patent of the Patna High Court raise identical issues of facts and law. The two complainants had approached the learned Labour Court, Patna, by preferring separate complaints under Section 26(2) of the Bihar Shops and Establishment Act 1953 (hereinafter referred to as the 'BSE Act'), which were disposed by a common order. They preferred separate writ petitions which have been disposed of by a common judgment by a learned single Judge of this Court. In that view of the matter, we dispose of these two appeals by a common judgment.2. LPA No. 759 of 1999 arises out of the judgment dated 12.4.99, passed in CWJC No. 5013 of 1995, which, in its turn, had arisen out of the order dated 22.5.95, passed in BSE Case No. 5 of 1993. L.P.A.No. 906 of 1999 has arisen out of CWJC No. 5001 of 1995 which, in its turn, had arisen out of BSE Case No. 4 of 1993. The two complaints filed by both the appellants un...
Tag this Judgment!Gangadhar Pandey Vs. State of Bihar and anr.
Court: Patna
Decided on: Jan-29-2008
Abhijit Sinha, J.1. Through this application under Section 482 Cr.P.C., the petitioner, proprietor of M/S. Sarwamangla Marketing, who has been impleaded as the sole accused in Complaint Case No. 1507 of 2003, seeks the quashing of the order dated 2.4.2005 passed therein by Sri Sanjay Kumar Sinha, Judicial Magistrate, Ist Class, Vaishali at Hajipur, whereby he has taken cognizance of the offence under Sections 420 and 406 I.P.C.2. M/S. Lumbini Beverages Private Limited, a franchisee of Pepsi Foods through its representative, S.D. Chhaterjee, Manager (H.R.D.), who has been impleaded as O.P. No. 2 herein, filed the aforesaid complaint case inter alia, stating that the complainant was manufacturer of soft drinks including Pepsi having its manufacturing unit at the Industrial Area, Hajipur and the accused was the stockist of Pepsi, a product of Lumbini Beverages Private Limited and he was doing business with the complainant's company during the period 2001-2002 and sum of Rs. 9,45,898.66/-...
Tag this Judgment!Deo Nandan Yadav Vs. the State of Bihar and anr.
Court: Patna
Decided on: Jan-28-2008
Abhijit Sinha, J.1. This application by the informant of Sheikhpura P.S. Case No. 73 of 2001 (Sessions Trial No. 581 of 2002) has been filed for the quashing of the order dated 13.11.2006 passed by the learned Presiding Judge, Fast Track Court No. III, Sheikhpura, in Sessions Trial No. 643 of 2003 arising out of Sheikhpura P.S. Case No. 74 of 2001, whereby he has rejected the prayer of the petitioner to stay the further proceedings of Sessions Trial No. 581 of 2002 till the receipt of the final orders from the High Court so that both the Sessions Trials could be heard and disposed of together by the same court on the same day. While rejecting the prayer it was observed by the learned Judge that 'admittedly S.C. 581 of 2002 is under stay order of the Hon'ble Court and so both the cases are not open to hearing together. Hence the present petition for a common hearing of the two cases is rejected.'2. It appears that for an occurrence taking place on 11.4.2001 involving the death of Ruby ...
Tag this Judgment!Kamal Mukherjee Vs. the State of Bihar and anr.
Court: Patna
Decided on: Jan-28-2008
1. The petitioner who was once upon a time Director of M/s. Bio Start Products Private Limited (hereinafter referred to as "the Company") and had submitted his resignation in the month of January, 2004 and has been impleaded as one of the accused in Complaint Case No. 456(C) of 2005 is aggrieved by and seeks the quashing of the entire criminal proceedings arising therefrom including the order dated 6.6.2005 passed by Ms. Saroj Kumari, Judicial Magistrate, 1st Class, Patna, whereunder she has taken cognizance of offences under Sections 420 and 406 I.P.C. against all the six accused named in the Complaint Petition including the petitioner.2. Briefly stated, the prosecution case as culled out from the complaint petition submitted by one Narendra Kumar Singh, inter alia, is that the Company the manufacturer, importer and dealer in cosmetics, toiletries, personal care, Ayurvedic medicines herbal products etc. being desirous of having a distribution centre for the receipt, storage and sale o...
Tag this Judgment!Pushpanjali Coal and Coke Pv Vs. the State of Bihar and ors.
Court: Patna
Decided on: Jan-25-2008
Navaniti Prasad Singh, J. 1. The dispute, in the present case, is with regard to the discharge of sales tax liability fastened on the petitioner under the provisions of the Bihar Finance Act 1981 (Part II). The petitioner carries on business in the district of Aurangabad, Bihar. He purchases sole raw material coal from Bharat Coking Coal Limited and Central Coalfields Limited. Coal is sold to it from various collieries which were all situated in South Bihar. The period with which we are concerned are all prior to bifurcation of the State of Bihar. Thus, we are considering the facts when South Bihar was as much part of Bihar as any.2. The Scheme of the Bihar Finance Act, 1981 at the relevant time was that where goods were notified for imposition of tax at the first point by a registered dealer then the first sale by registered dealer obliged him to realize tax on being satisfied. Once he did so then the said selling registered dealer was obliged in law to issue a statutory declaration...
Tag this Judgment!Mithilesh Prasad Singh and ors. Vs. the State of Bihar Through the Col ...
Court: Patna
Decided on: Jan-25-2008
Sheema Ali Khan, J.1. This appeal has been filed by the Land holders challenging the order of the Special Land Acquisition Judge, Chapra which passed in Land Acquisition Case No. 60 of 1970 passed on 29.1.1980.2. The Collector, Chapra had fixed the compensation for the land of the appellants at Rs. 9670.59. He further awarded at Rs. 1608.00 for the trees standing on the land and at Rs. 1391.79 as additional compensation.3. The two issues which arise in this case are firstly whether the compensation granted by the Land Acquisition Judge is proper or whether there should be an increase in the amount of compensation granted by the Court below? The second question that it has been raised in this appeal is whether the appellants are entitled to 12% on the market value of the land as per Section 231-A of the Land Acquisition Act and 30% of solatium as per the amendment introduced by the Land Acquisition (Amendment) Act 1984.4. The land which has been acquired as been described as follows: N...
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