Patna Court March 2008 Judgments
Om Prakash Katyal and ors. Vs. Union of India (Uoi)
Court: Patna
Decided on: Mar-30-2008
Anwar Ahmad, J.1. This is an application filed under Section 482 of the Code of Criminal Procedure, 1973, for quashing the entire proceedings of Complaint Case No. 2331C of 2006 and the order dated December 2, 2006, passed by the Presiding Officer, Special Court, Economic Offences, Patna, taking cognizance of the offence under Section 276B of the Income-tax Act, 1961.2. Mr. T.R. Rahman, Income-tax Officer, Ward No. 2(1), Patna, filed a petition of complaint duly authorised by the Commissioner of Income-tax-I, Patna, against M/s. Iceberg Industries Limited and its three partners who are petitioners here. It is alleged that M/s. Iceberg Industries Limited, accused No. 1, is a company and Shri Om Prakash Katyal, Shri Amit Katyal and Shri Rajesh Katyal, accused Nos. 2, 3 and 4 are its directors and are responsible for any act and day-to-day conduct of the business of the company. It is stated that M/s. Iceberg Industries Limited, accused No. 1 has its registered office at New Delhi and it...
Tag this Judgment!FakhruddIn Ali Ahmad Teachers' Training College and Anr. Vs. the State ...
Court: Patna
Decided on: Mar-28-2008
Navin Sinha, J.1. The institution and those, who were its students in 1995-1996 and 1996-1997 Sessions for the B.Ed course and on completion thereof passed the examination held in April, 1998 the results whereof were declared in November, 1998, are before this Court in CWJC No. 2407 of 2000 aggrieved by the orders dated 10.6.1999, 28.6.1999 and 29.2.2000, by which the affiliation granted by the Lalit Narayan Mithila University (hereinafter referred to as 'the University') to the petitioner-Institution for the years in question has been withdrawn with retrospective effect and admission of students in those Sessions, the examination, results and marks sheet thereof as also the provisional certificate granted have been cancelled with retrospective effect.2. This was a sequel to the orders of the National Council for Teacher Education Act, 1993 (hereinafter referred to as 'the NCTE Act') assailed in CWJC No. 11964 of 2000 by the Institution dated 4.6.1999 reaffirmed on 14.6.1999 refusing ...
Tag this Judgment!State of Bihar Vs. Ishwar Chand Rai and Awadh Bihari Rai
Court: Patna
Decided on: Mar-28-2008
Dharnidhar Jha, J.1. The Death Reference and the two criminal appeals arise out of the judgment and order of conviction dated 2nd June, 2005 and 4th June, 2005, respectively passed by the learned Ist Additional Sessions Judge, Buxar, in Sessions Trial No. 32 of 2002, by which appellants Ishwar Chand Rai and Awadh Bihari Rai were inflicted the sentence of death under Section 302 of the Indian Penal Code besides being directed to suffer rigorous imprisonment for three years under Section 148 of the Indian Penal Code after having been found guilty and being convicted for committing the offences under the above noted Sections of the Penal Code. The two lady appellants, namely, Nirmala Devi and Sangita Devi were also found guilty of committing the offences under Sections 148 and 302 of the Penal Code and were directed to suffer rigorous imprisonment for three years and life respectively for their respective convictions under the above noted Sections of the Penal Code.2. As is required by S...
Tag this Judgment!Brijesh Kumar @ Brajesh Pd. Jai Vs. the State of Bihar and ors.
Court: Patna
Decided on: Mar-28-2008
Shiva Kirti Singh and Kishore Kumar Mandal, JJ.1. Heard learned Counsel for the petitioner, learned Counsel for the State and learned Counsel for the purcha holders (respondent Nos. 5 to 37).From the materials on record, it appears that a Ceiling case No. 34/75-76 was initiated against the land holder Ghurna Devi, w/o- Parmeshwar Jha of village Turhapatti, P.S.- Chanpatia, DistrictWest Champaran and was finally decided by Addl. Collector, Land Ceiling, West Champaran, Bettiah by his order dated 14.1.1993 (Annexure-2) whereby the land holders were found entitled to have 5 units under which they were permitted to hold 94.45 1/2 acres of land and lands of different classes in total measuring 235.12 1/2 acres was declared surplus. Accordingly, a final publication under Section 11(1) of the Bihar Land Ceiling Act, 1961 (hereinafter referred to as the Act) appears to have been published in the district gazette on 6th April, 1994 (Annexure-3). According to the petitioner, a further gazette n...
Tag this Judgment!Rawati International Pvt. Ltd. Vs. the State of Bihar and ors.
Court: Patna
Decided on: Mar-28-2008
1. Heard both the parties.Intoxicants are exclusive privilege of the State. It is up the State to part with such privilege. In this state, the policy of the state is to part with such privilege with citizens. In order to guide parting of such privilege, the legislature of the State has made appropriate laws.2. The state decided to grant to citizens special privilege to manufacture and sale in wholesale country liquor in the zones, amongst others, Muzaffarpur. It was decided that such grant would be made to a citizen, who would comply with the terms of the tender notice issued by the State. In the tender notice, amongst others, it was stipulated that whoever is interested to have such special privilege, he would be required to deposit a sum of Rs. 5 lakhs in order to be a part of the selection process. The tender notice further provided that upon such a citizen being selected, the deposit made by him would stand converted to security deposit, and he would be required to pay the minimum...
Tag this Judgment!Choudhary Murli Manohar Prasad Roy Vs. the State of Bihar and ors.
Court: Patna
Decided on: Mar-27-2008
Navin Sinha, J.1. The petitioner was issued memo of charges on seven counts. In the departmental proceeding a finding of guilt was returned with regard to charges No. 1(d), 2, 4 & 6. A second show cause notice was issued replied to by the petitioner when the punishment of dismissal has been imposed by order dated 26.9.1997, presently assailed.2. Learned Senior Counsel, Shri Chitranjan Sinha with regard to charge 1(d) submitted that the Inquiry Officer relied upon an enquiry report of the Anchal Adhikari, who in turn was stated to have recorded the statement of two employees making allegations against the petitioner of having demanded illegal gratification. The petitioner denied the charge in his reply. It was, therefore, necessary for the Inquiry Officer to have examined the Anchal Adhikari and the other two employees as witnesses to prove the allegations. Irrespective of the fact that the petitioner may have made no request to summon them for cross-examination does not detract from t...
Tag this Judgment!United Spirits Limited Vs. the State of Bihar and ors.
Court: Patna
Decided on: Mar-27-2008
1. Heard both the parties.The Bihar Tax on Entry of Goods into Local Areas for Consumption, Use or Sale Therein Act, 1993 (hereinafter referred as the said Act) came into effect in the year 1993. The validity of the said Act was upheld by the Hon'ble Supreme Court in the case of State of Bihar v. Bihar Chamber of Commerce, reported in : [1996]2SCR184 . By the Bihar Tax on Entry of Goods into Local Areas for Consumption, Use or Sale Therein (Amendment) Act, 2001, which came into operation on and from 11th July, 2001, the said act was amended. Subsequent thereto by the Bihar Tax on Entry of Goods into Local Areas for consumption, Use or Sale Therein (Amendment) Act, 2003, which came into operation on and from 22nd August, 2003, the said Act was further amended. These two amendments were challenged. The challenge so thrown failed before this Court on the ratio of the Judgment of the Hon'ble Supreme Court rendered in the case of State of Bihar v. Bihar Chamber of Commerce (supra). The cha...
Tag this Judgment!Surendra Prasad Choudhary Vs. the State of Bihar and ors.
Court: Patna
Decided on: Mar-27-2008
Navin Sinha, J.1. Heard learned Counsel for the petitioner and the State.The petitioner, who was posted at the relevant time as a Constable in the Police force, is aggrieved by the order of his dismissal dated 28.8.2000 from the Police service in pursuance of a departmental enquiry. His appeal and memorial have also been rejected.2. The allegation in the memo of charge dated 17.10.1999 was of indiscipline, shirking work and not being a good Police official inasmuch as he was transferred by order No. 863 of 1999 and was relieved thereunder on 11.8.1999, having been directed to collect the movement order from the office, he failed to do so. On 14.10.1999 when Constable Budhdeo Kumar went to serve him the order, the petitioner refused to receive his movement orders and made objectionable recordings at the back of the relevant order. The objectionable recordings stated 'elections have not been held, no instructions have been received from the Policemen's Association, after election he wo...
Tag this Judgment!Pragatisheel Adhivakta Sahayak Kalyan Sansthan and anr. Vs. the State ...
Court: Patna
Decided on: Mar-26-2008
S.N. Hussain, J.1. This writ petition has been filed by Pragatisheel Adhivakta Sahayak Kalyan Sansthan, Patna through its Secretary General along with a founder of the said Sansthan which is a society registered under the Societies Registration Act in the year 1988 bearing registration No. 508/1987-88 created by and for the Advocates' clerks of Patna High Court for the welfare and for upliftment of moral, intellectual, social and financial interest of its thousands of members Advocates' Clerks.2. Through this writ petition the petitioners want issuance of a writ in the nature of mandamus directing the respondents- State of Bihar to formulate and implement a law for regularizing welfare scheme and for making other necessary provisions required for the existence, social security and similar other benefits for the Advocates' Clerks of Patna High Court who are registered under the provision of Chapter XVIII of Part IV of Patna High Court Rules, 1916 as has been provided in the States of W...
Tag this Judgment!Kanhaiya Lal Vs. State Bank of India and ors.
Court: Patna
Decided on: Mar-26-2008
Navaniti Pd. Singh, J.1. The petitioner was indebted to the respondent-Bank. The bank had taken out a shopkeepers insurance scheme for the hypothecated goods in the petitioner's-shop. Petitioner reported theft and claimed about Rs. 4.80 lakhs before the Insurance Company. Insurance Company disputed the claim. Bank moved the certificate Court under the Public Demand Recovery Act. After hearing the objection of the petitioner the Certificate Court held the petitioner to be liable to pay the bank Rs. 7 lakhs by his order dated 10-2-2000. As petitioner was pursuing the insurance claim which was to accrue to the Bank, the Certificate Court directed the petitioner to pay the difference of the two that is the certificate amount as assessed and the insurance claim. Bank did not object to this order dated 10-2-2000 which attained finality. Thereafter, the Insurance Company repudiated the claim. Petitioner then approached the District Consumer Forum where again his claim was not accepted and pe...
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