Court : Patna
Ramesh Kumar Datta, J.1. Heard learned Counsel for the petitioner, learned Counsel appearing for Respondent No. 1 and learned Counsels for the State Election Commission and for Respondent Nos. 4 to 7.2. The petitioner seeks quashing of the order dated 11.7.2007 passed by Munsif 2nd Court, Saran in Election Case No. 6 of 2006 (Surya Narayan Rai v. The Chief Election Commissioner and Ors.) through which he has allowed the application for addition of Respondent No. 1 as the party to the election petition filed by him and also by other contesting candidate. The further prayer is to issue a mandamus commanding the respondents to discharge their legal obligation and to declare the Election Case No. 6 of 2006 as not maintainable since it suffers from non-joinder of necessary party within the time frame allowed in Rule 106 of the Bihar Panchayat Election Rules, 2006.3. The petitioner was a candidate for the post of Mukhiya of Gram Panchayat, Raj Mukimpur in 2006 Gram Panchayat Election. The p...
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Reported in : 2010(58)BLJR195
Jyoti Saran, J.1. This appeal under Section 19 of the Family Courts Act 1984, is directed against the judgment and order dated 29.7.1995, passed in Matrimonial Case No. 20 of 1990/141 of 1992 (Sudhanshu Mauli Tripathi v. Meena Kumari @ Daijee and Anr.), by the learned Principal Judge, Family Court, Patna, dismissing the suit for divorce filed under Section 13 of the Hindu Marriage Act, 1955 (hereinafter referred to as 'the Act')The appeal under Section 19 of the Family Courts Act lies before this Court and is to be heard on facts as well as on law. For the sake of convenience, we shall refer to the position of the parties as it existed at the stage of the suit.2. The petitioner, Sudhanshu Mauli Tripathi, the husband, had filed a petition-cum-plaint under Section 13 for grant of a decree of divorce-cum-annulment of marriage from the defendant No. 1, Meena Kumari. The case of the petitioner as set out in the plaint is that his parents were looking for an educated girl having atleast a Gr...
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Bisheshwar Prasad Singh, J.1. The common question which arises for consideration in this batch of writ petitions is whether the substances known as Low Sulphur Heavy Stock (for short, L.S.H.S.) and Furnace Oil (for short, F.O.) use in the petitioner's fertilizer plant at Sindri qualifies for total exemption from payment of excise duty, as 'Feed stock' used in the manufacture of fertilizer in the petitioner's plant in terms of exemption notification No. 147 of 1974 dated 30.10.1974.2. In CWJC Nos. 4888 and 4901 of 1987, it has been additionally con-tended that the Tribunal had no jurisdiction to entertain the appeals which were instituted in the purported exercise of power of review under Section 36(2) of the Central Excises and Salt Act, 1944 (as amended), since under the amended Section 36, amended by Finance (No. 2) Act, 1980, which came into force on 21.08.1980, the provision vesting power in the Central Government to review the decision of the Board, stood repealed.3. The petition...
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Dharnidhar Jha, J.- The present batch of four appeals arises out of an order passed by the learned Additional District and Sessions Judge-cum-Authorised Officer, Patna, on 17.3.2011 under Section 15 of the Bihar Special Courts Act, 2009, in connection with Special Case No. 3 of 2010 arising out of Special Vigilance Unit Case No. 2 of 2007 under Section 13(2) read with Section 13(1)(e) of the Prevention of Corruption Act, 1988 by which the learned Authorised Officer directed the assets belonging to appellant Shivashankar Verma worth Rs. 1,43,96,265/- be confiscated to the State of Bihar. It was further directed that appellant Shivashankar Verma surrender or deliver possession of the assets shown in paragraph 24 of Annexure- IV appearing at serial nos. 1 to 13 to the District Magistrate, Patna who was to take possession of all the movable and immovable assets within thirty days from the date of the service of the order, failing which the District Magistrate, Patna or the Authorised Offic...
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1. Rakesh Kumar, J. The sole petitioner, while invoking inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, has prayed for quashing of the order dated 10.9.1999 passed in Cr.Rev.No.115 of 1998 by the learned Addl.Sessions Judge VII, Patna in Bihta P.S. Case No. 48 of 1993( G.R.No.346 of 1993). By the impugned order, the learned Addl.Sessions Judge VII, while allowing Cr.Revision No.115 of 1998 has set aside the order dated 12.2.1998 passed by the learned Magistrate in Bihta P.S. Case No.48 of 1993. By the order dated 12.2.1998, the learned Magistrate had allowed the petition filed on behalf of the petitioner, who was the Complainant/informant in Bihta P.S. Case No.48 of 1993. The said petition was filed for adding further charge for offences under Section 368, 420 and 385 in addition to the charges, which was already framed under Sections 365 and 384 of the Indian Penal Code.2. Short fact of the case is that the petitioner initially filed a complain...
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Aftab Alam, J.1. These two writ petitions challenging the constitutional validity of the Bihar Entry Tax Act were taken up for hearing in light of the direction of the Supreme Court in order dated July 14, 2006 in Jindal Stainless Limited v. State of Haryana : (2006)7SCC271 .2. Having regard to the fact that the law in Bihar underwent many changes during the past six years, it becomes necessary to begin at the beginning and to take a brief look at some developments taking place in the past.3. The Bihar Tax on Entry of Goods into Local Areas for Consumption, Use or Sale Therein Act, 1993 (Bihar Act 16 of 1993) came into force on August 22, 1993. According to its preamble, the Act provided for levy and collection of tax on entry of goods into local areas for consumption, use or sale therein. Section 2(c) of the Act defined 'entry of goods' as follows:(c) 'Entry of goods' with all its grammatical variations and cognate expressions means entry of goods into a local area from any place out...
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J.B. Koshy, C.J.1. The challenge in this writ application is against the order of the Managing Director of the Bihar State Beverages Corporation Ltd ('the Corporation', in short) directing recovery of amounts from the running business of the petitioner for payment of the same to the fifth respondent. According to the petitioner, the order is unfair, arbitrary, unreasonable, intended to enrich the fifth respondent without any authority of law, without jurisdiction and against the provisions of the Liquor Sourcing Policy ('the Liquor Policy', for brevity).2. The Corporation was established by the State Government as a fully owned Government company entrusted with the monopolistic privilege of wholesale supply of liquor in the State of Bihar. The Corporation had framed its own policy and incorporated terms and conditions in the agreement executed between the manufacturers and suppliers of liquor. Annexure - 1 is the liquor policy of 2006 which was executed by the petitioner and the fifth ...
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ORDERAbhijit Sinha, J.1. Both these applications have been taken up together as the complainant in both the cases happen to be the same Bihar Industrial Area Development Authority (hereinafter referred to as 'the BIADA') and the petitioners are offices of News daily, 'Times of India' and the issues involved relates to publication of certain news items in the said News Daily in respect of the inaction of the Authority and having been heard together are being disposed of by this common order.2. The petitioners of Cr. Misc. No. 49987 of 2007 are Resident Editor, Assistant Resident Editor and Reporter of the news paper, Times of India, along with others have been impleaded as accused in Complaint Case No. 1968(M) of 2007 and have prayed for the quashing of the entire prosecution arising out of the same case including the order dated 26.6.2007 passed therein by the learned Chief Judicial Magistrate, Patna, whereby he has taken cognizance of offences under Sections 500, 501, 502, 109 and 120...
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Samarendra Pratap Singh, J.1. Heard the learned Counsel for the parties.2. Both Cr. Rev. No. 147-09 and No. 477/09 are taken up together, as in both the cases the petitioner and the opposite party are the same and they arise out of the same P.S. case, namely, Hisua P.S. Case No. 116 of 2006, dated 14.12.06 under Sections 147, 148, 149, 323, 324, 307 and 379 of the I.P.C. and Section 27 of the Arms Act to which Section 302 of the I.P.C. was added later on.3. The main issue in this case is as to whether Magistrate after submission of the chargesheet and cognizance, is competent to make an enquiry with respect to identity of an accused.4. Before I deal with the issue, the facts are being noticed in brief. The informant, Kamlesh Yadav @ Doma Yadav, lodged an F.I.R. bearing Hisua P.S. Case No. 116/06, under Section 302 and other allied sections of the I.P.C. In the aforesaid F.I.R., eleven persons have been named including one Uma Yadav and Dinesh Yadav both sons of Bacchu Yadav. The police...
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Sudhir Kumar Katriar, J.1. This is a batch of 13 writ petitions under Article 226 of the Constitution of India, questioning the validity of the selection process of the Bihar Administrative Service First Limited Competitive Examination 2003 (hereinafter referred to as 'the Selection Process'), conducted by the Bihar Public Service Commission (hereinafter referred to as 'BPSC'). All the writ petitions (except Cr.WJC No. 583 of 2007 and CWJC No. 16093 of 2007) have been preferred by unsuccessful candidates, some of whom want cancellation of the selection process from the stage of the advertisement, some other want the selection process from the post-advertisement stage and fresh examination to be held, and still others want the selection process to be upheld and preparation of fresh merit list in accordance with law after excluding the charge-sheeted candidates. Cr.WJC No. 583 of 2007 has been preferred by the successful candidates and pray for the direction that the investigation may b...
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