Court : Patna
..... .b.s. national academy of administration at mussoorie at the relevant time and presently he was posted at national academy of direct taxes, nagpur (ministry of finance, government of india) as assistant commissioner and as such it was submitted that a complete false case was lodged against the petitioners.6. shri binod kumar singh ..... the statement of complainant on s.a. and examining four witnesses, during the enquiry, the learned magistrate was, prima facie, satisfied for commission of offence under sections 147, 379 and 427 of the indian penal code and took cognizance of the same offence and directed for summoning the accused persons including the petitioners.3. ..... of chief judicial magistrate, buxar against eight accused persons including the petitioners on allegation of commission of offence under sections 147, 148, 379 and 427 of the indian penal code and section 27 of the arms act. it was disclosed in the complaint that after constructing a small house and shop, he was doing business of .....
Tag this Judgment!Court : Patna
..... 418 read with section 34 of the indian penal code. it was disclosed in the complaint petition that he had approached the accused no.1 i.e. financial company for getting a bus financed. according to the complainant, the negotiation was initiated through accused no.5 and thereafter, the company including accused nos.2 to 4 agreed to finance a bus on ..... one smt. mukti dutta as receiver to seize the vehicle and said smt. mukti dutta had authorized the accused no.5, an employee of accused no.1/company to act as the authorized agent of the receiver and to seize the vehicle. accordingly, with the help of police, the seizure was conducted. it was alleged by the complainant that ..... of the case, the court is of the opinion that in a civil dispute, the complainant had tried to give a colour of criminal offence and the learned magistrate, acting on such complaint, has committed an error. 9. in the facts and circumstances, the court is of the opinion that order of cognizance is not sustainable in the eye .....
Tag this Judgment!Court : Patna
..... for payment of debenture on redemption/maturity. it was submitted that the bank of india as trustee of debenture floated by the company m/s mafatlal finance ltd. (accused no.1) had acted in accordance with law. it was further submitted that the petitioner was appointed as chairman and managing director of the bank of india by the ..... it has been categorically submitted that on the basis of averments made in the complaint petition or statement of the complainant recorded on s.a., no offence under sections 420, 409 and 120b of the indian penal code is made out. in support of his argument, learned counsel for the petitioner has relied on a judgment of ..... complainant was examined on s.a. and he also produced certain documents. thereafter, by order dated 6.1.2003, the learned magistrate took cognizance of the offence under sections 409, 420 and 120 b of the indian penal code and directed for summoning all the accused persons including the petitioner.3. shri ajay kumar sinha, learned counsel .....
Tag this Judgment!Court : Patna
..... board in respect of the government servants transferred to the board, in accordance with rates mentioned in appendix 16 of the bihar service code as modified in finance department memo no. 11790/f, dated 06.12.1968, till such time as the transferred government servants are finally absorbed in the service of the board ..... with the petitioner while on deputation have been allowed the pension and gratuity whereas the sanction for payment of the same to the petitioner has been denied acting illegally and also absolutely factually contrary to the terms of deputation.9. considering the respective pleadings of the parties and their submissions, the following facts ..... after its service rules have been finalized."8. learned counsel further submits that the state has acted absolutely arbitrarily and adopting the mode of picks and choose. it has been reiterated that the employees who were similarly placed specifically as stated in paragraph .....
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..... 6. during the course of argument, through different annexures, it is brought into notice that bombay high court is in control of the controversy relating to different finance company (non-banking) including the petitioner in company petition case no. 1017 of 2002 different orders have been passed from time to time and under the prescribed ..... in complaint case no. 1205(c) of 1999 for offences under section 420 of the indian penal code and 138 of the negotiable instrument act.4. admittedly, petitioner is a non- banking company with whom different schemes in which investors made their investment and opposite party ..... supplementary affidavit has been filed on behalf of the petitioners on 02.11.2010 after serving copy of the respective counsels.3. this is an application under section 482 of the code of criminal procedure seeking quashing of the order dated 29.11.1999 passed by shri bibhakar dubey, judicial magistrate, 1st class, patna, .....
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..... submitted by sri sanjay, learned counsel for the petitioners that on earlier occasion also due to default, the possession of the vehicle was taken over by the financer, but taking sympathetic attitude on earlier occasion; the vehicle in question was released in favour of the complainant on further certain conditions. it was further submitted that ..... two witnesses at the stage of enquiry. after completing the enquiry, by order dated 6.9.1996, the learned magistrate took cognizance of the offences under section 406, 403 and 420 of the indian penal code against all the seven accused persons including the petitioners and directed for issuance of summons against accused persons for ..... has been submitted that the possession of the vehicle in question has rightly been taken over and for such action, it cannot be said that any criminal act has been committed by any of the petitioners. learned counsel for the petitioners has submitted that petitioner no.1 was earlier assistant general manager of m/s .....
Tag this Judgment!Court : Patna
..... code cannot have any application.13. it would not be out of place to refer decision of madras high court directly on the provision as contemplated under section 29 of the act, wherein reliance has been placed upon the decision of apex court in case of bhagirath kanoria case (supra)."8. on the above ratio, i am also ..... remains valid and operative the petitioners are bound to implement it and their liability for prosecution under section 29 of the act for non-implementation continues. the learned magistrate was therefore fully justified in rejecting the application of the petitioners."10. the apex court in a case of ..... be any manner of doubt that the obligation of the petitioners to implement the award continues so long as the award is not terminated in accordance with section 19(6) of the act; and in the complaint it has been specifically stated that the award has not been terminated. it necessarily follows that so long as the award .....
Tag this Judgment!Court : Patna
..... othersreported in a.i.r. 1992 scc 604. where in the following tests have been prescribed inviting inference in exercise of inherent jurisdiction by this court under section 482 of the criminal procedure code."1. where the allegations made in the first information report or the complaint, even if they are taken at their face value and ..... sufficient ground for proceeding against the accused.6. where there is an express legal barengrafted in any of the provisions of the code or the concerned act (under which a criminal proceeding is instituted) to the institution and continuance of the proceedings and/or where there is a specific provision in the code ..... or the concerned act, providing efficacious redress for the grievance of the aggrieved party.7. where a criminal proceeding is manifestly attended with mala fide and/or where the proceeding .....
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..... found that no goods were available at the office of the transporter and as such it was alleged that the petitioners had committed offences under sections 49b and 39(3-b) of the bihar finance act and 420 of the indian penal code. after registering f.i.r., police investigated the case and submitted charge sheet. the f.i.r ..... of more than three years, charge sheet was submitted on 30th december,1999 against both the petitioners for the offence under sections 406 and 420 of the indian penal code and 49(3-d) of the bihar finance act. at the stage of charge, petition was filed on behalf of the petitioners for their discharge. the petitioners had taken ..... and the learned magistrate was of the view that only material was to frame charge under section 406 of the indian penal code. the learned magistrate was satisfied that no offence under section 420 of the indian penal code and section 49 of the finance act was made out.3. aggrieved with the order of rejection of discharge petition, the petitioners .....
Tag this Judgment!Court : Patna
..... . moreover, assuming the employees at the time of filing of the writ application in the year 2002 did not approach the state government as required under section 17 of the act but they might have done subsequently giving rise to issuance of letter no.4198 dated 27th august, 2003 by deputy labour commissioner, patna, for implementation of ..... if they are not being paid the wages as per recommendations the amount is recoverable on their applications to the state government under section 17 of the working journalists and other miscellaneous provision act, 1955 which they have not done so giving liberty to avail out the remedy available the writ applications appears to have been disposed ..... ), apply to, or in relation to, working journalists as they apply to, or in relation to, workmen within the meaning of that act.(2) section 25f of the aforesaid act, in its application to working journalists, shall be construed as if in clause (a) thereof, for the period of notice referred to therein in relation .....
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