Court : Patna
Bisheshwar Prasad Singh, J.1. In this batch of writ petitions the issues involved being identical, they have been heard together, and are being disposed of by this common judgment. In all the write petitions the petitioners have challenged the constitutional validity of the Cess and other Taxes on Minerals (Validation) Act, 1992, which replaced the Cess and other Taxes on Minerals (Validation) Ordinance, 1992, The Ordinance was published in the Gazette of India (Extraordinary) on February 15, 1992, whereas the Act was assented to by the president of India on 4th April, 1992, and published in the Gazette on the same day.The petitioners have also impugned the demands made for payment of cess under the said Ordinance and the Act. The impugned demands in C.W.J.C. No. 1280/92(R) are Annexures 7, 8, 13 and 14, in C.W.J.C. Nos. 1711/92(R) and 1702/92(R) are Annexures 4 and 5, in C.W.J.C. No. 1507/92/(R) are Annexure 8 series and in C.W.J.C. No. 1639/92(R)and Armexures 5 to 5/5. The impugned ...
Tag this Judgment!Court : Patna
B.P. Singh, J. 1. The petitioners in this batch of writ petitions are Sugar Companies, which have challenged the constitutional validity of the Bihar Molasses control Act, 1947 (hereinafter referred to as the State Act), mainly on the ground of legislative competence of the Bihar Legislature to continue the provisions of the Act after the enactment of the Industries (Development and Regulation) Act, 1951, and more particularly afterthe insertion of Section 18G in the aforesaid Act in the year 1953. They have also challenged the Bihar Molasses Control Rules 1955 framed under the Act, and the action taken by the Authorities of the State pursuant to the aforesaid Act and the Rules. The State Act has also been challenged on the ground of its being violative of Articles 14, 19(1)(g) and 301 to 304 of the Constitution of India. It is therefore, necessary to notice the factual background in which the legislative competence of the Bihar legislature has been challenged. 2. The Bihar Molasses ...
Tag this Judgment!Court : Patna
Anjana Prakash, J. 1. The Appellants of Cr. Appeal 437 of 2013 and 518 of 2013 have been convicted u/s 302 IPC and sentenced to death and also under Section 394 IPC and 27 of the Arms Act and sentenced to ten years and two years respectively with a fine of Rs.5,000/- . Death Reference is in regard to the same Appellants. Criminal Appeal No. 379 of 2013 and Government Appeal 19 of 2013 have been preferred by the Informant against the acquittal of initial accused Kamlesh Jha. The said Judgment was delivered by the 1st Additional Sessions Judge, Darbhanga, in Sessions Trial 441 of 2011 on 9th April, 2013. 2. The Fard-byan of Ram Pukar Rai, P.W-3 recorded at 8.20 P.M. at the place of occurrence, i.e. Soni Fuel Petrol Pump at Nehra, P.S. Manigachhi, Distt. Darbhanga, on 27.7.2011, is that on the date of occurrence, around 6.30 to 6.45 P.M. when he was checking the Diesel on the Tanker the nephew of the owner Jai Ram Choudhary i.e. Ashwani Kr. Chaudhary (deceased) and Daya Shankar Roy (decea...
Tag this Judgment!Court : Patna
Aftab Alam, J. 1. The petitioner is a companyincorporated under the India Companies Act. It has a High Tension Industrial connection of electricity for running induction furnace (s) for manufacturing steel ingots. 2. The officials of the Bihar State Electricity Board ('the Board', hereinafter) inspected the petitioner's factory premise's on August 26 and 27, 1999 and following the inspections a F.I.R. was lodged in which it is alleged that the petitioner was engaged in theft of electricity. On the following day, being 28-8-1999 the electricity line of the petitioner was disconnected at about 4 P.M. and three days later it was given the bill, dated 31-8-1999 (Annexure 11) for a sum of Rs. 8,85,77,131.00. This bill is raised on the basis of the penal provisions as contained in Clause 169 of the Board's tariff pursuant to the charge of theft of electricity on the basis of the inspection report, seizure memo and some other materials as would be discussed in due time. The petitioner has f...
Tag this Judgment!Court : Patna
G.S. Chaube, J. 1. By this petition under Sections 80 and 81 of the Representation of the People Act, 1951 (hereinafter to be referred to as the Act'), the election of respondent No. 1 (Shankar Dayal Singh) to the South Chotanagpur Teachers' Constituency has been called in question by one of the losing candidates to the election to the Constituency, which had been held in 1996.2. Brief facts of the case, as stated in the election petition, are that to fill in the vacancy to the South Chotanagpur Teachers' Constituency of Bihar Legislative Council (hereinafter to be referred to as 'the Council'), biennial election was held in 1996. At the said election, besides the petitioner Jai Nandan Singh and respondent No. 1 Shankar Dayal Singh, there were 15 other candidates who contested the election. Respondent No. 2 Saryu Prasad Singh was also among those contestants. Nominations were filed between 26-3-96 and 2-4-96 and after scrutiny and withdrawal held on 3-4-96 and 6-4-96 respectively, 17...
Tag this Judgment!Court : Patna
Chandramauli Kr. Prasad, J.1. Both the appeals under Clause 10 of the Letters Patent have been preferred against the common judgment dated 2.4.2002 passed by a learned Single Judge of this Court in CWJC No. 13816 of 2001; Dr. (Mrs) Sheela Sharma v. The State of Bihar and Ors. and as such, they were heard together and are being disposed of by this common judgment.2. To put the record straight, LPA No. 171 of 2003 has been filed by the State of Bihar and is barred by limitation. However, an application for condonation of delay is filed and by order dated 5.3.2003, the limitation petition was directed to be considered at the time of admission. In the limitation petition, the State of Bihar has stated the reasons which caused delay in filing the appeal, which grounds, according to the contesting respondents, are not sufficient to condone the delay. Validity pf the order has necessarily to be gone into in the other letters patent appeal and, as such, we are not inclined to dismiss the lett...
Tag this Judgment!Court : Patna
Ravinandan Sahay, J.1. By this application under Article 226 of the Constitution of India, the State of Bihar and its Officers seek review of my judgment and order dated 25-9-1995 in C.W.J.C. No. 2570 of 1995 (R) whereby and whereunder the writ application filed by M/s. Jethmull Bhojraj was allowed and consequently, a writ of mandamus was issued upon the present petitioners, who were respondents in the writ petition to enter the name of the writ petitioner in the Zamabandi records of right and opening of a demand and showing the Government of Sikkim a mortgagee in possession over the land, which was subject-matter of the writ application. 2. The writ application was disposed of at the admission stage itself after hearing the counsel for the petitioner and Government Pleader, who represented the State of Bihar. The writ application was disposed of on the basis of certain facts which could not be disputed in view of decision of the Division Bench of this Court in C.W.J.C. Nos. 434 & 43...
Tag this Judgment!