Court : Patna
nagendra rai, j. 1. the petitioner initially filed the present writ application for restraining the respondents from taking any steps towards realisation of sales tax from the petitioner for the period june 3, 1997 to november 17, 1997 on the sale of country liquor, for commanding respondent no. 2 the commissioner-cum-special secretary, commercial taxes, government of bihar, patna, to grant consolidated registration to the petitioner in terms of the provisions contained in rule 3(4) of the bihar sales tax rules, 1983 (hereinafter referred to as 'the rules') and restraining the respondents from taking any steps including the proceeding under section 17(5) of the bihar finance act, 1981 for realisation of the sales tax for the aforesaid period.2. subsequently, the petitioner also challenged the order dated july 31, 1999 passed by the commissioner, commercial taxes, government of bihar, patna, rejecting the prayer for consolidated registration which has been communicated by the joint commissioner, commercial taxes, by letter dated august 3, 1999, the copies of the said order and letter have been annexed as annexures b and 18 respectively.3. the facts necessary for the disposal of the present application are that the petitioner is engaged in the business of wholesale supply of country liquor and its head office is located in mohalla balkishunganj, p.s. alamganj in the district of patna which falls within the jurisdiction of city west circle. he is registered under section 14 of .....
Tag this Judgment!Court : Patna
p.k. deb, j.1. this appeal has been preferred against the judgment and decree dated 20.7.1995 passed by shri tarkeshwar pathak, subordinate judge, vii, ranchi in partition suit no. 222 of 1993 decreeing the plaintiff-respondent no. iv suit for partition ascertaining her share to 10/56 over the joint family property.2. the plaintiff-respondent no. 1 filed the above-mentioned partition suit seeking her 1/2 share over the property described in schedule of the plaint and also for allotment of her share separating taktha on appointment of a survey knowing advocate commissioner and also for cost of the suit and other ancillary relief. the admitted position remains that one bhujhawan ram was the common ancestor of both the parties who died leaving behind his widow kewala kunar and a son ram niranjan dayal. the said ram niranjan dayal married twice. tetar kunari was his first wife while jirkalo devi defendant no. 6 (appellant no. 2) is his second wife. through tetar kunari ram niranjan dayal has got a daughter keela devi, who is the plaintiff respondent no. 1 in the case. through second wife jinkalo devi, ratna niranjan dayal has got two sons, namely, suryanarain dayal (defendant no. 1) shyamnarain dayal (defendant no. 2) appellant. no. 1 and three daughters kamla devi defendant no. 3, maya devi, defendant no. 4, and friti lata, defendant no. 5. tetar kunari mother of plaintiff died on 17.1.1987 leaving behind plaintiff as her heir and legal representative. according to the .....
Tag this Judgment!Court : Patna
s.k. chattopadhyaya, j.1. the order taking cognizance and issuance of process dated 21-4-1999 has been impugned by the petitioner in this application under section 482 of the code of criminal procedure.2. one dhiraj lal d. mehta, one of the partners of bharat tractor house filed a complaint in the court of the chief judicial magistrate, patna alleging, inter alia that being a working partner of trie firm the petitioner has committed criminal breach of trust by dishonestly preparing false stock position and thereby misappropriating certain amount of the firm.3. according to the complaint petition, the complainant and the petitioner constituted a firm known as m/s. bharat tractor house. the fund was provided by both the partners on the basis of equal share in the profit and loss. earlier agreement dated 15-8-1974 executed by the partners of the firm was modified with consent and a fresh partnership deed was brought in existence on 27-3-1992. as per this agreement of march, 1992 the petitioner became the working partner and was actively and solely engaged in conducting the affairs of business of the firm. being a working partner he was also being paid remuneration at the rate of one thousand per month for his work in the firm. this remuneartion was by way of salary irrespective of profit and loss of the firm as contemplated in clause (b) of the partnership deed. he was entrusted with the properties including raw materials, cash and for that he had to maintain the stock position .....
Tag this Judgment!Court : Patna
narayan roy and s.n. pathak, jj.1. heard counsel for the parties.2. the sole appellant has been convicted under sections 302 and 324 of the indian penal code and sentenced to undergo rigorous imprisonment for life under section 302, i.p.c. and also to pay a fine of rs. 3,000/- and for default in payment of fine, he has been directed to undergo rigorous imprisonment for one year. however, no separate sentence has been passed under section 324 of the indian penal code.3. the prosecution case, briefly stated, is that on 31.10.1989 at about it is hours p.w. 8 manohar prasad recorded the fardbeyan of the informant p.w. 5 mangari mundain where she stated that at about 5 p.m. on 30th october, 1989 while she was in her house, her mother was engaged in some work in the western lane (gali) with her younger brother samu mundain in her lap arm. she heard a cry of her mother and no sooner she went near her mother, she found her mother and her younger brother aged about one year lying on the ground and there the appellant dago munda was seen assaulting her mother and brother with a farsa. when she questioned the appellant, she was chased and was assaulted with farsa on her left arm and out of fear, she went inside her house and informed her father p.w. 6 who was ill from before. on getting information, her father p.w. 6 also came out from the house and he was chased by the appellant. at the same time, p.w. 2 hathi ram munda came there and he also saw her father being chased by the .....
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a.k. ganguly, j.1. this writ petition has been filed for quashing the order dated 2.9.1992 issued under the signature of the regional manager-cum-competent authority, new india assurance company limited (hereinafter called the said company. by the said order, the petitioner has been removed from service with effect from the date of the order. prayer has also been made for quashing the appellate order dated 5.2.1996 by which the order of removal has been affirmed.2. the case of the petitioner is that he was first appointed a development officer in the said company. while so serving as a development officer of the said company, the petitioner was served with a charge-sheet by a letter dated 5.8.1986, the charges on the basis of which the proceeding was initiated against the petitioner are set out below:it has been reported against you that while acting as an inspector of the company, you had issued a temporary fire insurance cover note no. 233024 dated 24.11.82 at monghyr to cover the fire insurance risk amounting to rs. 10,20,000/- of the building, plant and machinery, furniture fixtures and racks and electrical fittings of khajpura cold storage (p) ltd., bailey road, patna though you were not authorised to issue such temporary cover notes, without referring the proposal for insurance to the divisional office at patna for its verification and acceptance. you have thereby acted without authority and beyond authority.it has been further reported that your said temporary cover .....
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narayan roy and s.n. pathak, jj.1. we have heard learned counsel for the parties.2. the appellants have been convicted under section 302/34 of the indian penal code and sentenced to undergo rigorous imprisonment for life.3. the prosecution case, as disclosed in the fardbeyan of p.w. 3 khandu tantu bai, is that on 1.8.1988 at about section 10 p.m. while she was in her house, she heard cry of his deceased son rasu tantubai 'bachao bachao' and on this, she accompanied by her husband purno tantubai and another son namely, haru tantubai went outside the house in search of her son and when she had gone to a distance, she found her son deceased rasu tantubai fleeing away and he was being chased by the appellants and other accused-persons and when he had gone up to 25 yards, he fell down on the village road and on that chuna ram mahuli, chowkidar cried 'maro sale ko' and there she saw harendra tantu bai with iron rod (khanti) and other accused-persons armed with lathi. harendra tantubai started assaulting her son with the iron rod (khanti) asa result of which her son fell and become unconscious and thereafter accused-persons assaulted her son with lathi as a result of which her son died on the spot. she raised hulla and on her hulla villagers, namely, chhatu sardar, bipin manjhi and others came there and witnessed the occurrence. on the next day in the morning, she went to the police station where her fardbeyan was recorded by the police. on the basis of the fardbeyan, the first .....
Tag this Judgment!Court : Bihar State Consumer Disputes Redressal Commission SCDRC Patna
..... the car met with an accident and was total loss. .....
Tag this Judgment!Court : Patna
s.k. katriar, j.1. this court at the very outset records its displeasure against the approach of the learned counselfor the reserve bank of india and the state bank of india in this matter which was evident on the previous occasion also. during the course of submissions on 1.5.2000, they went to the extent that it would not be possible for the two banks to serve notices on its functionaries because they are impleaded by name. this court desists from making any further observations in the hope that they shall realise the gravity of the situation and make submissions in the present matter in a more responsible manner. this writ petition relates to injecting counterfeit in the indian currency system which is amongst the vitals of any nation, and an attempt to destabilise the country's economy is discernible. has anyone to be reminded that no individual has any entity without his notion. the counsel for the banks seem to have positioned themselves in this matter like an adversarial litigation, as if they are fighting an inter se seniority matter. this much for their approach.2. i wish to recapitulate the facts represented by the petitioner before this court. he is a member of the indian police service. he had withdrawn a sum of rs. 55,000/- from the boring road branch of the state bank of india, patna, on 24.3.1999, and went over to the patliputra branch of the state bank of india, patna, to deposit the same in his public provident fund account. the cashier of the patliputra .....
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s. dhavan, c.j. and aftab alam, j. 1. in these letters patent appeals all controversies raised by the insurance company for the purposes of impugning the judgment on the miscellaneous appeal no. 457 of 1998; oriental insurance co. ltd. v. archana rajan and miscellaneous appeal no. 458 of 1998; oriental insurance co. ltd. v. anita devi stand answered by the recent judgment of the apex court in rita devi v. new india assurance co. ltd., 2000 acj 801 (sc). the contention in the present appeal is that the fact that a cold blooded murder may have taken place inside the vehicle which has been insured with the company does not cast any obligation on the insurance company under a contract of indemnity. the impugned order is dated 17.5.1999. 2. the apex court in its recent judgment has held that the insurance company is liable to pay compensation to the heirs of a person murdered with intent of causing violence upon the occupants, as this is an accident. in the circumstances the court cannot accept the narrow interpretation put forward that the liability of the insurance company is limited and does not entail a situation like an incident in the present case. clearly, the scope of indemnity clause stands enlarged after the judgment of the apex court. in the circumstances, there is no merit in these appeals. these are accordingly dismissed.
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s.k. singh, j.1. heard the parties.2. the present application has been filed for release of the petitioner on regular bail in connection with special case no. 5 of 1998, arising out of r.c. 5(a) 98 (ahd), patnadated 19.8.98 under sections 13(2) read with section 13(1)(e) of the prevention of corruption act, 1988.3. a first information report was lodged by sri b.n. kharakwal, deputy superintendent of police, c.b.i. new delhi on 19.8.1998 to the effect that during the course of investigation of animal husbandy deptt. (shortly 'a.h.d.') cases, materials have been brought on the record to the effect that the petitioner during his incumbency as the chief minister of bihar between the period 1990-1996 acquired huge assets, both movable and immovable by corrupt or illegal means, which are disproportionate to his known source of income which has not been accounted for.4. the first information report further goes to show that the petitioner owns immovable properties in the form of house and plots in his own name and in the names of his family members, which were acquired during the period 1990-1996 at patna, gopalganj and other places, which is worth rs. 30,12,000/- approximately. the said f.i.r. further discloses that the petitioner also acquired huge immovable properties in the form of bank accounts, motor vehicles, ornaments, jewelleries, share certificates, f.d.rs., n.s.cs., etc. in his name and in the names of his family members to the tune of rs. 20,44,193/- approximately. thus .....
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