Court : Patna
s.k. chattopadhyaya, j.1. in this application under sections 439 and 440 of the code of criminal procedure, an interesting question of law has been raised by mr. radhey shyam pandey, learned counsel, for the petitioner.2. in order to appreciate his argument, some facts which are necessary, as follows:first information report was lodged against the petitioner on the allegation that on 20-1-1994 at 2.30 p.m. the officer-in-charge raided the house of the petitioner and recovered one kilogram of ganja from the roof of the house. first information report was lodged for the said offence under section 47(a) of the excise act and section 16 of the narcotic drugs act.3. mr. pandey learned counsel for the petitioner submits that the item 'ganja' has defined in section 2(b) of the narcotic drugs and psychotropic substances act, 1985 (hereinafter referred to as, the act') which goes to show that ganja, that is the flowering or fruiting tops of the cannabis plant (excluding the seeds and leaves when not accompanied by the tops), by whatever name they may be known or designated. it is submitted that the first information report as well as the seizure list does not show that ganja which was alleged to have been recovered was excluding the seeds and leaves and not accompanied by tops. on these circumstances, it is submitted that the case of tribhuwan kharwar v. the state of bihar 1994 (1) pljr 501, (1994) 2 bljr 600 (db) has no application and the petitioner is entitled to be released on .....
Tag this Judgment!Court : Patna
shiva kirti singh, j. 1. heard the parties. an intervention application has been filedto support the stand of the writ petitions. let the same be kept on record. however, in view of the order proposed no separate order need to be passed with regard to the intervention application. 2. this writ petition has been filed in representative capacity by two petitioners. petitioner no. 1 claims to be the president of the students union in the district of siwan and petitioner no. 2 has claimed to be the general secretary of an association of schools which have received permission for establishment but have not been recognised. the prayer made in this writ petition is to direct the authorities especially the administrator and secretary of bihar secondary school examination board to allow those students to appear in the secondary examination for the year 2000 who have got themselves registered in different schools of siwan district which have received permission for establishment and who have passed the sent up examination held by recognised schools. further prayer is that forms and fees of such students should be accepted by the examination board. 3. it appears that as per an advertisement contained in annexure-1 the last date of submitting registration form for the secondary examination of the year 2000 was 30-6-1999. different schools in the district of siwan forwarded registration forms of students with necessary charges which were deposited in the office of the district education .....
Tag this Judgment!Court : Patna
j.n. bhatt, c.j.1. upon joint request of the parties, this matter was taken up for final hearing on 23.5.2007 at the admission stage itself in view of the involvement of a sum of the amount of rs. 25,000/- only, by way of 50% of the back wages in respect of the writ petitioner, a class iv servant of the union of india, working in the postal department. therefore, today, the judgment is being pronounced. 2. in this writ application under article 226 of the constitution of india, the only question which is urged is that though by the impugned judgment of the central administrative tribunal, patna bench, patna ('tribunal'), dated 23.11.2004, passed in o.a. no. 29 of 2003, on reinstatement, the petitioner has been treated as on duty for all purposes including back wages for the period from 18.11.2002 to 14.6.2004 but, the tribunal has restricted the payment of back wages to the extent of 50% only, due and payable to the petitioner. therefore, the main grievance voiced in this petition is only with regard to legality and validity of that part of the impugned order of the tribunal. 3. before the tribunal, the writ petitioner raised a question by filing an application under section 19 of the administrative tribunal act, 1985, against the order dated 18.11.2002 of the respondent - authority.4. by virtue of the impugned order, dated 18.11.2002 of the respondent authority, the petitioner was made to retire with effect from 22.11.2002 on the basis of his date of birth being 22.6.1937, .....
Tag this Judgment!Court : Patna
Reported in : 2002(1)BLJR152
1. heard learned counsel for the petitioner, opposite party nos. 1 and 2 (the district board, begusarai), opposite party nos. 3 and 4 (functionaries of the state government), and opposite party nos. 5 to8. the plaintiff is the petitioner. this civil revision application is directed against the order dated 22-9-2000, passed by the munsif-i court, begusarai, in title suit no. 112 of 1988 (sri anirudha prasad singh v. the district board, begusarai and others), whereby amendment of the plaint sought for by the plaintiff (petitioner) has been rejected, inter alia, on the ground that it is not a bona fide application.2. proceedings were initiated against the present petitioner for removal of encroachment by him on the government land which was part of a public road. aggrieved by the same, the petitioner had earlier preferred c.w.j.c. no. 3568 of 1987 which was disposed of by a division bench of this court by dated 12-11-1987 (annexure-r/i to the counter-affidavit of opp. party nos. 1 and 2, the district board), whereby the district board was directed to ascertain the alleged encroachment by taking measurement of the land in question and it was open to the petitioner to engage a survey-knowing person, to be done in the presence of the both the sides. it appears from the letter bearing memo no. 1582, dated 24-12-1987 (annexure-r/ii) that in pursuance of the order of the high court, the district board had informed the petitioner that measurement of the land shall be done on 27-12-1987 .....
Tag this Judgment!Court : Patna
narayan roy, j.1. heard mrs. bina rani, learned amicus curiae, in criminal appeal no. 258 of 1987 and mr. ramesh singh, earned counsel for the appellant in criminal appeal no. 259 of 1987, and also mr. ganesh prasad jayaswal, learned additional public prosecutor for the state of bihar.2. both these appeals arise out of the common judgment and order of conviction and sentence, therefore, both the appeals have been heard together and are being disposed of by this common judgment.3. both these appellants, namely, bam bam manjhi and paras rai, have been found guilty under sections 302/34 of the indian penal code for committing murder of sarwanand rai, and they have been sentenced to undergo rigorous imprisonment for life.4. the prosecution case, briefly stated, is that the informant ram sewak rai (p.w. 1) along with his brother sarwanand rai, the deceased, had gone to neora market on 7.10.1984. by 5.00 p.m. they finished marketing and were to return back to their place, but, in the meantime, accused paras rai and bam bam manjhi (both appellants herein) came there in the company of budhan yadav, bachu yadav, krishna yadav and one unknown person and asked sarwanand rai to go with them to neora hospital and asked the informant to remain there. the informant, accordingly, stayed back, whereas the deceased and the accused-persons, named above, went towards neora hospital. the informant waited there for hours together and finding no trace of his brother, he became fearsome and all of .....
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v. k. sinha, a.m. : ;;;;;;;;june, 1995this is an appeal filed by the department against an order of the cit(a) cancelling a penalty of rs. 1,25,053 imposed under s. 271(1)(c) of the act for concealment of income.2. the assessee-company was running a cold storage and also had a small plant for manufacture of ice. the assessee disclosed a net loss for the current year as per p&l a/c of rs. 7,92,517, which was shown in the return of income also. during the assessment proceedings, certain additions were made on account of which the net loss for the year was reduced to rs. 5,88,220 as per assessment order. we are concerned in this appeal with the following additions which were later taken into account for imposition of penalty under s. 271(1)(c) :excess receipts estimated 71,092 expenses relating to earlier year 1,06,837 income from ice estimated 5,000 1,82,929 3. the accounts of the assessee were audited. total receipts from cold storage were shown at rs. 85,788, which was a steep decline compared to receipts of rs. 2,69,074 in the immediately preceding assessment order. it was explained that the season for storage of potato starts from last week of february every year and in this year a large number of customers came in may, 1986 because the purchase of potato itself was late. the ao did not find the explanation to be satisfactory. he found that expenses like power and fuel increased to rs. 94,899 as against rs. 69,209 in the preceding year. further, the auditor in the audit .....
Tag this Judgment!Court : Patna
n. rai and m.y. eqbal, jj.1. in this writ application, the petitioner seeks declaration that clause 15.3 (f) of the bihar state electricity board tariff notification dated 23.6.1993 is ultra vires to the provisions of sections 49 and 59 of the indian electricity act. the petitioner has also prayed for quashing of the demand raised by the electrical superintending engineer, chaibasa, as contained in memo no. 262 dated 3.3.1995 whereby the petitioner company has been directed to deposit in cash or by an account payee bank draft in favour of the respondent no. 1 board the balance of security deposit of rs. 1,09,05,120/-. a further prayer has been made for direction upon the respondent board to accept the security in the shape of bank guarantees which were furnished by the petitioner for the sum of rs. 1,05,14,000/- and were renewed upto december, 1995.2. the brief facts of the case are as under:3. the petitioner is a company registered under the indian companies act, 1956 and has established and running a cement factory, commonly known as the associated cement companies limited, chaibasa having its work place at jhinkpani. the petitioner entered into an agreement with respondent no. 1 on or about 21.8.1974 for supply of electrical energy in bulk in chaibasa cement works. in pursuance to the said agreement, the petitioner furnished a bank guarantee of security amount of rs. 32,26,700/- and the said bank guarantee was kept alive by the petitioner from time to time.4. the .....
Tag this Judgment!Court : Patna
dharmpal sinha, j.1. this criminal revision is directed against a part of the impugned judgment and order dated 27.11.1991 passed by the sub-divisional judicial magistrate, lohardaga, in case no. 4(m) of 1979, whereby the learned sub-divisional judicial magistrate has made a declaration that the applicant is entitled to realise arrears of maintenance allowance at the rate of rs. 150/- per month from 23.6.1983 to 23.7.1988 and thereafter she will get the amount of rs. 4,250/- which is said to have been deposited on account of mehar and the amount of maintenance during iddat period before the anjuman.2. the relevant facts for the disposal of this revision petition may briefly be stated. the applicant filed a petition under section 125 of the code of criminal procedure (to be hereinafter referred to as 'the code') claiming maintenance and the application had been allowed on 23.6.1983 and the opposite party (the husband) was asked to pay a sum of rs. 150/-per month to the applicant. a revision petition was filed against that order bearing cr. revision no. 160 of 1983 which was dismissed. thereafter the applicant filed a petition for realisation of the arrears of maintenance from 23.6.1983 to 18.12.1986 and distress warrant was issued for realisation of the said amount. thereupon the opposite party filed a petition on 14.6.1988 under section 127 of the code stating therein that due to intervention of certain relations and well wishers the parties had entered into compromise under .....
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r.s. garg, j.1. heard learned counsel for the petitioner, learned counsel for the cbi and learned counsel for the informant.2. the present is an application under section 439, cr.p.g. on behalf of the applicant rajesh ranjan alias pappu yadav.3. the applicant is in jail in connection with k. hat p. s. case no. 230/98, cr.c. case no. 12(s)/98 pending in sessions trial no. 976/99 before the cbi court. he has made this application for grant of bail.4. the facts material for deciding the matter in short are that one kalyan chandra sarkar lodged a first information report that his brother and other two were murdered while the fourth man suffered serious injuries in an attack opened by one rajan tiwary and his associates. from the records it would appear that the police after completing investigation filed a charge-sheet on 20-9-1998 and nothing was reported against the applicant. thereafter the cognizance was taken by the concerned magistrate on 23-9-1998 but no cognizance was taken against the applicant. on 28-9-1998 cbi took up the investigation and on 12-2-1999 co-accused rajan tiwari was arrested. on 22-2-1999 said rajan tiwari was produced before the metropolitan magistrate, delhi in proper custody, his confessional statements were recorded and thereafter his custody was again handed over to the police. in his confessional statement while admitting his guilt that he committed murder, he also made allegations against the present applicant-petitioner that there was meeting of .....
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a.k. ganguly, j.1. this letters patent appeal has been filed by the bihar state financial corporation (hereinafter referred to as the said corporation) impugning the judgment dated september 1, 1989 passed in c.w.j.c.no. 2159 of 1988.2. briefly stated the facts of the case are as follows:-- jute mill mazdoor sabha, katihar, a registered body having registration no. 1242 had filed the writ petition along with some workers of katihar jute mill (hereinafter referred to as the said mill) with a prayer for a direction upon the respondents including the appellant herein for making payment of the wages of the workmen and for payment of further dues of the e.s.i. corporation and also with a further prayer for starting production and making available the raw materials and other items for saving the said mill from becoming a sick one.3. the appellant was respondent no. 2 in the writ petition.4. the said jute mill, incorporated under theindian companies act was run privately by thechamarias of calcutta. as the said jute mills raninto financial trouble, it took loans from the said corporation to the extent of about rs. 24.15 lacs.the said jute mill was also financed by theindustrial finance corporation of india, centralbank of india, bihar state industrial developmentcorporation and the government of bihar. the said jute mill defaulted in making re-payment ofthe loans of the said corporation. a lock out wasalso declared in the said jute mill with effect fromjuly 5, 1982 and from that .....
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