Court : Patna
Shiva Kirti Singh, J.1. The Death Reference is in respect of the six accused who have been tried together and convicted for the offence under Sections 364(A), 302, 201 and 120(B) read with Section 34 of the Indian Penal Code. Accused Gorakh Singh alias Gorakh Nath Singh has been sentenced to death for the offence under Section 302 read with 120(B) of the Indian Penal Code whereas the remaining five accused have been sentenced to death for the offence under Section 364(A) of the Indian Penal Code. No separate sentence has been awarded to them for other offences. Accused, Gorakh Singh alias Gorakh Nath Singh and his son, accused Sunny alias Sunny Deol have jointly preferred Cr. Appeal No. 1216 of 2007 whereas the remaining four accused, Ravindra Kumar alias Ravindra Kumar Singh, Ravi Chor alias Ravi Rai, Neeraj Kumar and Santosh Kumar alias Loha have preferred separate Criminal Appeals bearing No. 1085, 1173, 1194, and 1275 all of 2007 respectively. The Death Reference and the Criminal ...
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Ramesh Kumar Datta, J.1. The present Government appeal has been filed under Section 378 of the Code of Criminal Procedure by the State of Bihar against the Judgment and order of acquittal dated 18.12.2006 passed by Shri Munni Lal Paswan. Special Judge, CBI (AHD). Patna in Special Case No. 5 of 1998 by which the learned Special Judge has acquitted both the accused Dersons on the charge of possessing assets disproportionate to the known sources Of ihcoma so far as the respondent No. 1 is concerned and on the charge of abetting the same with resosct to respondent No. 2. The charges had been framed under Section 13(1)(e) read with Section 13(2) of the Prevention of Corruption Act, 1988 against the respondent No. 1. Lalu Prasad Yadav and under Section 109 of the Indian Penal Code read with Section 13(1)(e) read with Section 13(2) of the Prevention of Corruption Act, 1988 against respondent No. 2. Smt. Rabri Devi.2. After hearing learned Counsel for the appellant and learned Counsel for the...
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Reported in : 2009(57)BLJR2281
Sudhir Kumar Katriar, J.1. This writ petition is directed against the order dated 4.7.2001 (Annexure-9), passed by the learned Member, Board of Revenue, Bihar, Patna, in Revision Case No. 32 of 2000 (Sanjay Kumar Singh v. The State of Bihar and Ors.), in purported exercise of powers under Sub-section (3) of Section 32 of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961 (hereinafter referred to as the Act), whereby he has rejected the revision application preferred by the present petitioner, and has refused to entertain the prayer for substitution of the heirs of the land-holder.2. The facts are not in dispute and may be indicated to the extent needed for disposal of the present writ petition. The genealogy of the parties may be set out hereinbelow:2.1. Land Ceiling proceedings under the Act were initiated against Debbala Singh, the petitioner's grand-mother. The chronology of events as provided in the writ petition may be reproduced hereinbelo...
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1. Shiva Kirti Singh, J. These seven writ petitions have been treated as analogous matters and heard together because they raise common issues by challenging the vires of Bihar Molasses (Control) (Amendment and Validation) Act, 1999 (Hereinafter referred to as the Validating Act) published in the official gazette on 10.01.2000. Petitioners have also sought for quashing of various demand notices issued pursuant to the aforesaid Validating Act by which they have been directed to pay administrative charges for the molasses consumed by them in their captive distilleries (in case of those petitioners who have sugar mills along with captive distilleries) or for the molasses lifted by them from various sugar mills during the period 1995-2000. In some of the writ petitions interlocutory applications have been filed for refund of administrative charges already paid pursuant to the Validating Act.2. The issues falling for determination in these cases are mainly issues of law. The relevant facts ...
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Shiva Kirti Singh, J.1. The Death Reference is in respect of the six accused who have been tried together and convicted for the offence under Sections 364(A), 302, 201 and 120(B) read with Section 34 of the Indian Penal Code. Accused Gorakh Singh @ Gorakh Nath Singh has been sentenced to death for the offence under Section 302 read with 120(B) of the Indian Penal Code whereas the remaining five accused have been sentenced to death for the offence under Section 364(A) of the Indian Penal Code. No separate sentence has been awarded to them for other offences. Accused, Gorakh Singh @ Gorakh Nath Singh and his son, accused Sunny @ Sunny Deol have jointly preferred Cr. Appeal No. 1216 of 2007 whereas the remaining four accused, Ravindra Kumar @ Ravindra Kumar Singh, Ravi Chor @ Ravi Rai, Neeraj Kumar and Santosh Kumar @ Loha have preferred separate Criminal Appeals bearing No. 1085, 1173, 1194 and 1275 all of 2007 respectively. The Death Reference and the Criminal Appeals have been heard t...
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B.C. Basak, C.J. 1. These series of Miscellaneous Appeals involve a common question of law relating to the interpretation of some of the provisions of Motor Vehicles Act, 1939 (hereinafter referred to as 'the 1939 Act'), the Motor Vehicles Act, 1988 (hereinafter referred to as 'the 1988 Act) and Section 6 of the General Clauses Act, 1897 (hereinafter referred to as 'the 1897 Act'). 2. The relevant provisions of the 1939 Act relating to appeals are as follows : Section 110D. 'Appeals -- (1) Subject to the provisions of Sub-section (2), any person aggrieved by an award of a Claims Tribunal may, within ninety days from the date of the award, prefer an appeal to the High Court. Provided that the High Court may entertain the appeal after the expiry of the said period of ninety days, if it is satisfied that the appellant was prevented by sufficient cause from preferring the appeal in time. (2) No appeal shall lie against any award of a Claims Tribunal, if the amount in dispute in appeal is...
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Gopal Prasad, J.1. This Letters Patent Appeal has been preferred against the Judgment and Order dated 19.05.1994 passed in First Appeal No. 166 of 1979 by which the appeal has been dismissed confirming the judgment and decree dated 07.12.1978 passed by Sri Mundrika Prasad, VIth Additional Sub-Judge, Siwan in Title Suit No. 129 of 1965 / 25 of 1977.2. Appellant is the defendant in the suit. Original Plaintiff Amar Rai filed a suit for declaration that the deed of gift dated 07.02.1964 executed by him in favour of defendant Sita Ram Singh with respect to the property in suit is illegal, inoperative and void with further prayer for recovery of possession of suit property and mense profit.3. The original plaintiff Amar Rai died during pendency of suit, his wife & daughter were substituted in his place as plaintiff No. 1 and 2 respectively.4. The case of the plaintiff in the plaint is that the said original plaintiff Amar Rai had got his first marriage at village Pachphor, the first wife (D...
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Reported in : 2010CriLJ292
Navin Sinha and Dharnidhar Jha, JJ.1. The two appellants, namely, Surendra Manjhi and Saryug Manjhi were tried by the Additional Sessions Judge-cum-Presiding Officer, Fast Track Court No. II, Nalanda at Biharsharif, with eight other accused persons for different charges, in Sessions Trial No. 818 of 2005/210 of 2007. The trial ended in judgment dated 6th of June, 2008. While the two appellants were found having committed offences under Sections 147, 148, 458, 120B, 302, 307, 380, 332, 333, 353, 341, 436, 342 read with Section 149 of the Indian Penal Code, besides, Sections 4 and 5 of the Explosive Substances Act and Section 17 of the Criminal Law Amendment Act, the other accused persons facing trial with the two appellants were not found having committed any offence under the Penal Code as also the Arms Act, and accordingly, they were acquitted. The order of sentence was passed by the learned trial court on 9.6.2008 and after hearing both the sides under Section 235 of the Code of Crim...
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Mihir Kumar Jha, J. 1. In this writ application, the petitioner company has assailed the validity of notices, dated 05.09.2006, the assessment order, dated 20.11.2006 and the consequential demand notices also dated 20.11.2006 for the years 1997-98, 1998-99, 1999-2000, 2000-01 and 2001-02 under Bihar Finance Act, 1981 (hereinafter referred to as 'the Act').2. The case of the petitioner as set out in the writ application is that it is a wholesaler carrying business of hybrid maize seeds and other items. It has been stated that the petitioner company had been assessed to sales tax @ 4 percent on the sale of maize seeds for the period 1997-98 to 2001-02. The further case of the petitioner is that a proceeding under Section 19 of the Act was initiated against it on the basis of a judgment of the Patna High Court in the case of Spic Phi Seeds Ltd. v. The State of Bihar and Ors. and Ors. analogous cases. 2005(3) PLJR 470 wherein it had been held that the sales tax on maize seeds was to be pa...
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V.N. Sinha, J.1. Heard learned Counsel for the petitioners, the State and the Bihar State Co-operative Marketing Union Limited (hereinafter referred to as 'BISCOMAUN').2. The aforesaid two contempt applications have been filed asserting that BISCOMAUN has failed to comply the general directions of this Court to pay the admitted retiral dues of the petitioners as directed under order dated 16.8.2004 passed in C.W.J.C.Nos. 9323 of 2004 and 9237 of 2004. Annexure-1 in M.J.C.No. 3055 of 2005. The aforesaid writ petitions have been filed for a direction to the authorities of the BISCOMAUN to pay the retiral dues of the petitioners who served the BISCOMAUN to the best of their ability and superannuated from the service of the BISCOMAUN on different dates indicated in the writ petitions.3. The authorities of the BISCOMAUN have not disputed the claim of the petitioners about their entitlement for payment of the retiral dues. They, however, contend that presently BISCOMAUN is facing acute fina...
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