Court : Patna
..... akhilesh chandra oral judgment date:27. 08-2013 all these appellants, one each, have preferred 2 these appeals against their conviction and sentence for the offences under sections 395 and 397 of the indian penal code and sentenced to undergo rigorous imprisonment respectively for ten and seven years and appellants pramod kumar pandey and raju @ rajdeo ..... ram are further convicted under section 412 i.p.c. and sentenced to undergo rigorous imprisonment for ten years, all such sentences are to run concurrently as awarded on 31st august 2010 by ..... to identify the miscreants due to 8 lapse of time. in cross examination he failed to explain how and why two independent cases one under the arms act and another were instituted for the same offence. he further admits that it was rainy season and dark night. however, in spite of firing and cross firing .....
Tag this Judgment!Court : Patna
..... akhilesh chandra oral judgment date:27. 08-2013 all these appellants, one each, have preferred 2 these appeals against their conviction and sentence for the offences under sections 395 and 397 of the indian penal code and sentenced to undergo rigorous imprisonment respectively for ten and seven years and appellants pramod kumar pandey and raju @ rajdeo ..... ram are further convicted under section 412 i.p.c. and sentenced to undergo rigorous imprisonment for ten years, all such sentences are to run concurrently as awarded on 31st august 2010 by ..... to identify the miscreants due to 8 lapse of time. in cross examination he failed to explain how and why two independent cases one under the arms act and another were instituted for the same offence. he further admits that it was rainy season and dark night. however, in spite of firing and cross firing .....
Tag this Judgment!Court : Patna
..... 13.03.2002 passed by the additional chief judicial magistrate, patna in gandhi maidan p.s. case no. 194 of 2001 instituted for the offences under section 49(3)(d) of the bihar finance act, 1981 and sections 420, 467 and 468/34 ipc. the case of the prosecution is that on 04.01.2001 the premises of the petitioners i.e. m/s .....
Tag this Judgment!Court : Patna
..... the petitioner claimed that the respondent corporation had advertised sale of mortgaged assets of m/s new wood industries, jakkanpura, patna for realization of its dues under section 29 of the state financial corporation act and one rajesh kumar gave offer for purchase of the mortgaged assets for a total consideration of rs.28 lacs besides earnest money of rs.50 lacs ..... , district patna.petitioner. versus 1. the bihar state financial corporation, fraser road, patna, through its managing director.2. managing director, bihar state financial corporation, fraser road, patna.3. the manager (finance and accounts), bihar state financial corporation, fraser road, patna.4. the branch manager, bihar state financial corporation, patna branch office, indira bhavan 5th floor, bailey road, patna....respondents. for the .....
Tag this Judgment!Court : Patna
..... an entry tax. clause (2) of the third proviso to sub section (1) of section 3 provides, inter alia, that the entry tax shall be paid by the dealer liable to pay tax under the bihar finance act, 1981 or by the person bringing the goods in the local area. we agree with mr. pal that it ..... of bihar and ors. [2006 (3) pljr 146] and noble resources ltd. v. state of orissa and anr. [air 2007 sc 119]. section 3 of the entry tax act is the charging provision. under sub section (1) of the said section 3, the scheduled goods brought in the state of bihar or to the local areas for consumption, use and sale is chargeable with ..... is the liability of the person who brings the goods in the local area to pay the entry tax under the entry tax act. but the question in the present proceeding is not .....
Tag this Judgment!Court : Patna
..... or both so amassed by the public servant shall stand confiscated to the state of bihar free from all encumbrances. however, the proviso appended to sub-section(3) of section 15 of the act indicates that if the delinquent public servant deposited the market price of the property with the authorised officer, the property shall not be confiscated. in case ..... of any company being confiscated, it may be deemed that the company stands transferred to the state government. as may appear from sub- section(5) of section 15 of the act, the proceeding for confiscation under chapter ii has to be concluded within a maximum period of six months to be reckoned from the date of service ..... conduct of the appellant does not behove of a public servant. the appellant obtained a loan for purchasing a car but he did not utilize the sanctioned amount to finance the purchase of the maruti vehicle and he was asked to explain the above conduct of his by the state government. in addition to all the above, being .....
Tag this Judgment!Court : Patna
..... over the suit land and for permanent injunction. this relief claimed by the plaintiffs cannot be granted by the authorities under the bihar land reforms act. section 35 of the act is therefore, is not applicable in this case. the relief claimed by the plaintiffs is not related to any order passed by the authorities under ..... appellants the learned court below has wrongly found that the civil court has got no jurisdiction and the suit is barred under section 35 of the b.l.r. act. section 35 of the bihar land reforms act 1950 reads as follows: "35. bar to jurisdiction of civil courts in certain matters.- no suit shall be brought ..... to stop construction and the respondents are threatening to interfere in the plaintiffs' possession and they are contemplating to take action under public land encroachment act, therefore, the notice under section 80 was served and the instant suit was filed.6. the defendants filed contesting written statement. besides taking various legal pleas it was contended .....
Tag this Judgment!Court : Patna
..... and other analogous cases wherein, this court has held that in absence of sanction issued by the commissioner, commercial taxes as required under section 49(5) of the bihar finance act order of cognizance would not be sustainable.7. sri hriday prasad singh learned additional public prosecutor has forcibly opposed the prayer of the petitioners. ..... , due to the simple reason, that in the present case no sanction was obtained from the commissioner of the commercial taxes in compliance with section 49(5) of the bihar finance act. learned counsel for the petitioners, has relied on an unreported judgment of this court dated 11th march, 1998 passed in cr. misc. no ..... dispute that, order of cognizance was passed in absence of sanction granted by commissioner, commercial taxes. section 49 (5) of the bihar finance act, puts a bar on a court to take cognizance of the offence under the bihar finance act, 1981 in absence of sanction granted by the commissioner, commercial taxes. since in the present case .....
Tag this Judgment!Court : Patna
..... . accordingly, it would not be just and proper to allow prosecution of petitioners after such a long time coupled with the fact that sanction under section 49 (5) of the bihar finance act was not on record.9. accordingly, both the petitions are allowed and orders of cognizance in both the cases as well as revisional order passed ..... and circumstances this court in ganesh kumar agrawals case (supra) has held that order of cognizance in absence of sanction issued by the commissioner under section 49(5) of the bihar finance act was illegal. besides this, this court in the said case has also held that investigation by the police in such cases was not permissible. besides ..... revisional order in cr. revision no. 29279 of 2000 on the ground that the learned magistrate in absence of sanction for prosecution in view of section 49(5) of the bihar finance act, 1981 was not authorized to take cognizance of offence and on this ground alone the order of cognizance in both the aforesaid cases are liable .....
Tag this Judgment!Court : Patna
..... . accordingly, it would not be just and proper to allow prosecution of petitioners after such a long time coupled with the fact that sanction under section 49 (5) of the bihar finance act was not on record.9. accordingly, both the petitions are allowed and orders of cognizance in both the cases as well as revisional order passed ..... and circumstances this court in ganesh kumar agrawals case (supra) has held that order of cognizance in absence of sanction issued by the commissioner under section 49(5) of the bihar finance act was illegal. besides this, this court in the said case has also held that investigation by the police in such cases was not permissible. besides ..... revisional order in cr. revision no. 29279 of 2000 on the ground that the learned magistrate in absence of sanction for prosecution in view of section 49(5) of the bihar finance act, 1981 was not authorized to take cognizance of offence and on this ground alone the order of cognizance in both the aforesaid cases are liable .....
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