Patna Court October 2009 Judgments

Deva Nand Singh Son of Prem Prasad Singh, Vs. the State of Bihar

Court: Patna

Sheema Ali Khan, J.1. The above named three appellants have been convicted to undergo rigorous imprisonment for ten years under Section 376 of the Indian Penal Code. No separate sentence has been awarded under Section 342 of the Indian Penal Code.2. The prosecution case is that the victim lady was going to ease herself on 26.08.1983 in the evening when it is alleged that the appellants dragged her to the in a brinjal field and raped her. It is further stated in the First Information Report that she returned to the house and narrated the entire occurrence to her husband and mother-in-law. Her husband went to meet one Rajendra Singh regarding the occurrence. There is also statement that a panchayati was held in the house of Lala Singh (appellant) where all the three appellants confessed their guilt and thereafter the case was instituted on the next date i.e. 27.08.1983 at 6 PM.3. In support of the prosecution case, altogether ten witnesses have been examined. PWs 1, 3 and 9 are the forma...

Birla Corporation Ltd. Vs. State of Bihar and ors.

Court: Patna

Reported in: (2009)26VST471(Patna)

1. Whether a dealer under the Bihar Value Added Tax Act, 2005 (hereinafter referred to as, 'the Act') against whom neither any tax is found payable nor is due, could be subjected to the penal provisions of Section 54(4) of the Act for reasons of non-submission of a report of audit in the prescribed form duly signed and verified by an accountant within the meaning of the Chartered Accountant Act, 1949 or by a person entitled to act as an auditor of companies by virtue of the provisions of Section 226(2) of the Companies Act, 1956, is the question posed before us.2. With the consent of the parties the matter has been taken for disposal at the stage of admission itself.3. The petitioner-company is engaged in the business of manufacture and sale of cement and for that purpose, is registered with the Commercial Taxes Department of the Government of Bihar in its Special Circle, Patna.4. Before embarking on the issue raised in the writ petition, it would be relevant to mention that the Bihar ...

Kamla Construction Co., a Partnership Firm Through Sri Ram Charitra Si ...

Court: Patna

Reported in: 2010(58)BLJR84

Navaniti Prasad Singh, J.1. As pleadings are complete and all parties have appeared with their consent the writ petition has been heard for final disposal at this stage itself.2. The writ petition was filed on 11.12.2008, against the order of suspension of work dated 07.06.2008 (Annexure-6), and termination of the contract for work dated 21.11.2008 (Annexure-11/2), as done by IRCON International Limited, a Government of India undertaking, and for direction to the said respondent for clearing all dues payable to the petitioner including the fifth running bill.3. The writ petition having been filed after service of copy of the writ petition on the learned Advocate General for the State and its officers. A copy of the writ petition was also served upon the counsel who normally appears for IRCON International Limited in this Court as also after serving copies of the writ petition in the local office of IRCON International Limited. When the matter was taken up for admission for the first ti...

Jai Maa Shardey Construction Through Its Partner Ram Uday Singh Vs. th ...

Court: Patna

Reported in: 2010(58)BLJR92

Navaniti Prasad Singh, J.1. The present writ application has been filed for quashing the cancellation of the contract, as communicated to the petitioner by the Senior Divisional Engineer (2), East Central Railway, Danapur, by communication dated 3.10.2008 on the ground of non performance of contract within the stipulated period and against consequential invocation of performance guarantee and forfeiture of earnest money as well as subsequent re-tender of the same work at the risk and cost of the petitioner.2. The performance guarantee was invoked and forfeiture of earnest money was ordered as well as re-tender was issued during the pendency of the writ petition and were stayed by order of this Court dated 9.4.2009.3. Parties have appeared, filed counter affidavit and rejoinder.4. As pleadings are complete, with the consent of the parties, the writ petition was finally heard for final disposal at this stage itself.5. The East Central Railway, Danapur issued a notice inviting tender on 1...