Patna Court November 2008 Judgments
The State of Bihar, Through the Secretary, Govt. of Bihar in the Depar ...
Court: Patna
Decided on: Nov-27-2008
1. The State of Bihar and its functionaries have preferred this appeal, dissatisfied with the order dated 3rd July, 2007 passed by the Single Judge whereby the writ petition filed by the present respondent was allowed; the order of termination dated 1st September, 2004 was quashed and the respondents therein (present appellants) were directed to reinstate the writ petitioner.2. We shall refer, hereinafter, the present respondent, 'the petitioner' and the present appellants, 'the respondents'.3. The petitioner was appointed as Treasury Guard in the office of Senior Electrical Inspector, Department of Energy, Bihar, temporarily vide order dated 28th April, 1987. His services came to be extended from time to time for a period of three months each time for about two years. Subsequently, vide order dated 26th May, 1989, the petitioner's appointment was extended until further orders. It appears that by an office order dated 24th November, 1990, the petitioner's services were terminated on t...
Tag this Judgment!Suryadeo Kumar, Son of Late Gyan Yadav and ors. Vs. the State of Bihar ...
Court: Patna
Decided on: Nov-27-2008
Ramesh Kumar Datta, J.1. Heard learned Counsels for the parties.2. Both the writ applications pertain to the same set of transactions in relation to No Confidence Motion against the Pramukh of Chanan Panchayat Samiti passed in special meeting dated 14.7.2008 and, accordingly, they have been heard together and are being disposed of by this common order.3. The writ petitioners, who are elected members of the Panchayat Samiti, in C.W.J.C. No. 11518/2008 seek quashing of the direction/communication of the District Magistrate, Lakhisarai to the Block Development Officer-cum-Executive Officer, Chanan Panchayat Samiti by letter No. 1874 dated 20.7.2008 (Annexure-7) staying the decision of the Chanan Panchayat Samiti dated 14.7.2008, by which No Confidence Motion against the Pramukh had been passed and further to hold that the decision of the said Panchayat Samiti dated 14.7.2008 is legal and for consequential reliefs.4. The petitioner in C.W.J.C. No. 12005/2008 is the Pramukh of the said Pan...
Tag this Judgment!The State of Bihar Through the Commissioner, Commercial Taxes and ors. ...
Court: Patna
Decided on: Nov-26-2008
1. This writ petition does not deserve to be admitted as the petitioners have alternative and efficacious remedy under the provisions of Bihar Finance Act, 1981 in challenging the impugned order.2. The Assistant Commissioner, Commercial Taxes, Gopalganj Circle, Gopalganj passed the assessment order under Section 9(2) of the Central Sales Tax Act, 1956 (for short, 'CST Act') read with Section 17(3) of Bihar Finance Act, 1981 (for short, 'Act, 1981'). An appeal was preferred by the assessee to the Commissioner Commercial Taxes. The appellate authority, namely, Commissioner, Commercial Taxes, vide its order dated 8th March, 1993 affirmed the assessment order. Against the concurrent orders, the revision application was preferred by the assessee before the Commercial Taxes Tribunal, Bihar. The Tribunal upheld the orders of the appellate authority as well as the assessment authority vide its order dated 28th December, 1999. 3. Aggrieved thereby, a writ application was filed by the assessee ...
Tag this Judgment!Praveen Kumar S/O Sri Babu Lal Rajak Vs. State of Bihar and anr.
Court: Patna
Decided on: Nov-25-2008
Abhijit Sinha, J. 1. This application is for the quashing of the order dated 7.5.2007 passed by the learned Sub Divisional Judicial Magistrate, Lakhisarai, in Lakhisarai P.S. case No. 152 of 2006, hereby the Court has taken cognizance under Section 366 I.P.C.2. One Naresh Prasad Razak filed a complaint petition bearing No. 422C of 2005 before the learned Addl. Chief Judicial Magistrate, Lakhisarai, which was transmitted to the concerned P.S. under Section 156(3) Cr.P.C. on the basis whereof the aforesaid P.S. Case was registered under Sections 363, 360 and 380 I.P.C. The prosecution case is that the complainant has one other brother and during life time of their parents there had been a partition whereunder his younger brother was living in the same house but in a different portion thereof. It was also stated that the complainant is employed in the Primary School, Bhadui under Chanan (Lakhisarai) where he resides and returns home only in the weekend and on holidays to meet his wife an...
Tag this Judgment!Archana Devi, W/O Ajay Kumar Singh, Vs. the State of Bihar and ors.
Court: Patna
Decided on: Nov-25-2008
1. This letters patent appeal is directed against the order dated 24th February, 2006, whereby the Single Judge disposed of the writ petition by holding that the writ petitioners (present respondent Nos. 7 to 10) were duly selected Anganbari Sevika and further directed the State authorities to send the petitioners for training.2. For the sake of convenience, we shall refer the present respondent Nos. 7 to 10, 'writ petitioners' and the present appellants, 'the private respondents'.3. The controversy arises, in the facts and circumstances, which may be briefly indicated by us. The petitioners filed the writ petition for issuance of writ of mandamus to the State government and its functionaries by directing them to send the petitioners for training and pay honorarium to them. According to them, they were duly selected in the meeting of Aam Sabha, Gram Panchayat, Tumaul held on 31st of December, 2003 under the Chairmanship of Mukhiya and the supervision of Chief Development Programme Off...
Tag this Judgment!Rajesh Kumar, Son of Sri Tanik Prasad Singh and ors. Vs. the State of ...
Court: Patna
Decided on: Nov-25-2008
1. The petitioners operate a public service vehicle and have a stage carriage permit. The permits were granted on different dates and were valid for a period of five years. In other words, the permits were valid for periods upto 2009, 2010, 2011. The petitioners were plying their vehicles on the strength of said stage carriage permits granted under the provisions of the Motor Vehicles Act, 1988. A decision was taken by South Bihar Regional Transport Authority constituted under the said Act after the permits were granted to the petitioners restricting the life of motor vehicles under the permits to fifteen years. In other words, the decision was that the vehicle owners, who were operating vehicles which had crossed the age of fifteen years since original registration, they were required to replace the vehicles under those permits by newer vehicles. Effectively on petitioners not replacing their old vehicle with newer vehicle, the petitioners' permits were cancelled. This brought the pe...
Tag this Judgment!Niranjan Kumar Modi S/O Sri Ganga Prasad Modi Vs. State of Bihar,
Court: Patna
Decided on: Nov-25-2008
Abhijit Sinha, J.1. The petitioner is aggrieved by order dated 31.5.2007 passed by Sri Bijay Kishan Chaudhary, Judicial Magistrate, 1st Class, Patna in Complaint Case No. 1378(C) of 2007, whereby he has taken cognizance allegedly for offences under Sections 406 and 420 I.P.C.2. The prosecution case as culled out from the petition of complaint is that the petitioner carries out business in selling clothes which he obtains on credit from the complainant's firm running in the name and style of 'M/s Mittal Tex' and after selling the same pays for the cloth taken. But over the years a sum of Rs. 1,77,386/- became outstanding to the complainant firm out of which a sum of Rs. 1,21,500/- has already been paid, thereby leaving an outstanding balance of Rs. 55,886/-.3. The complainant firm in the modus operendi adopted by Shylock in the Shakespeare's play Merchant of Venice wants his pound of flesh and, therefore, he filed the complaint case, in a matter relating to dispute which is absolutely ...
Tag this Judgment!Ranjit Singh Son of Late Tapeshwar Singh Vs. the State of Bihar and or ...
Court: Patna
Decided on: Nov-25-2008
Ramesh Kumar Datta, J. 1. Heard learned Counsel for the parties.The petitioner has come to this Court for quashing of the recommendation made by the Registrar, Co-operative Societies to the Secretary, Co-operative Department by his official note dated 20.9.2007 (Annexure-5) in which while endorsing the report of respondent No. 4 the Joint Registrar, Co-operative Societies, he has given a finding on the question of delegateship of the petitioner from the Udwant Nagar Vyapar Mandal Sahyog Samiti Ltd. to the National Agricultural Co-operative Marketing Federation of India Limited (NAFED), respondent No. 5, and has recommended the respondent No. 9 to be accepted as the valid delegate to NAFED and has also held the resolution dated 16.8.2007 (Annexure-2) of the Managing Committee of the said Society as illegal. Further prayer has been made for quashing the enquiry report of respondent No. 4 dated 20.9.2007 (Annexure-4) submitted to the Registrar, Co-operative Societies, respondent No. 3 an...
Tag this Judgment!Amba Carbonisation Pvt. Ltd. Vs. State of Bihar and ors.
Court: Patna
Decided on: Nov-24-2008
1. The petitioner is a Company incorporated under the provisions of the Companies Act. It set up a unit for manufacture of special smokeless fuel (for short, 'SSF Coke') at Gidha, Koilwar, District Bhujpur. The industry is said to have been established by the petitioner pursuant to the industrial policy framed by the State of Bihar promising various types of incentives, inter alia, to the new industry. According to the petitioner, it has been granted tax exemption certificate from payment of sales tax on the sale of its finished product viz., SSF Coke under the notification dated 22nd December, 1995 issued in exercise of the power under Section 7(3) of the Bihar Finance Act, 1981 (for short, Act, 1981). That the coal/coke is a notified commodity under the provisions of Act, 1981 for the purpose of levy as well as tax is not in dispute. The exemption granted to the petitioner from payment of sales tax is for a period of ten years from the date of commencement of the production i.e. fro...
Tag this Judgment!Sikandar Prasad Sah S/O Sri Gado Sah and ors. Etc. Etc. Vs. the State ...
Court: Patna
Decided on: Nov-21-2008
Shiva Kirti Singh, J.1. Learned Counsel for the petitioners of CWJC. Nos. 14208, 14184, 14191 and 15772 of 2007 submits that the petitioners of these cases have claimed to have obtained certificates/degrees of teacher's training from Universities of Orissa such as Utkal University and Sambalpur University and the petitioners are in a position to show that the concerned institutions from where they studied were affiliated/recognized by those Universities. Hence, he has prayed that these cases be heard together separately. Let these four writ petitions be treated as separate from the present group of cases. These cases shall be governed by another common order.2. Heard learned Counsel for the petitioners and learned Counsel for the State in all the other writ petitions except the four CWJCs mentioned above.3. In all these matters the petitioners are aspiring to become teachers in various schools in the State of Bihar. For that purpose they want a declaration from this Court that the deg...
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