Court : Patna
Aftab Alam, J. 1. Whether in the case of a Company, one of the Company's Directors alone can be recognised as the Occupier of the factory owned by it in terms of the amended Section 2(n) of the Factories Act or is it still open to a company to designate (by completely transferring to him the ultimate control of the factory) any of its employees, other than a Director as the Occupier of the factory? This is the question raised in these two writ petitions filed on behalf of Indian Oil Corporation (Petitioner No. 1) and one of its employees posted as the Senior Depot Manager, Namkum Depot (Petitioner No. 2). 2. On September 26, 1996, the judgment in this case was reserved after it was heard on three days. In course of hearing Mr. Arijit Choudhary, learned counsel appearing on behalf of the petitioners, brought to our notice a number of decisions of the different High Courts on this point. He fairly cited not only the decisions (of the High Courts of Bombay, Orissa, Karnataka, Calcutta,...
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S.K. Chattopadhyaya, J. 1. The order taking cognizance dated December 8, 1995 under Section 92 of the Factories Act, 1948 has been impugned by the petitioners by invoking the jurisdiction of this Court under Section 482 of the Code of Criminal Procedure. 2. One Sachita Nand Singh, opposite party No. 2, being Factory Inspector of Ranchi Anchal No. 1. filed a complaint on July 5, 1995 in the Court of Chief Judicial Magistrate, Ranchi. showing the petitioner Nos. 1 to 9 as the members of the Board of Directors and petitioner No. 10 as Manager of the Factory, Foundry Forge Plant of H.E.G. Ltd. Ranehi. It is alleged that though the Bihar Government issued a notification dated February 13, 1989 to the effect that 'occupier' of the Foundry Forge Plant (hereinafter referred to as 'the Plant') should employ 5 qualified Safety Officers and even this Court by its order dated February 23, 1995 passed in CWCJ No. 8387/1994 (R) directed the Chief Inspector of Factories to take steps for appointmen...
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Patna High Court CR. REV. No.1586 of 2011 (3) dt.24-01-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Revision No.1586 of 2011 ====================================================== 1. Manish Kumar @ Ramesh Singh @ Mukhiya @ Ramesh Yadav S/O Sri Birendra Singh Resident Of - Govind Dih, Police Station- Piro In The District Of Bhojpur .... .... Petitioner Versus 1. The State Of Bihar .... .... Respondent ====================================================== Appearance : For the Petitioner/s : Mr. For the Respondent/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL ORDER (Per: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH24. 01-2012 Heard Mr. Akhileshwar Prasad Singh, learned senior counsel for the petitioner and Mrs. Indu Bala Pandey, learned A.P.P. for the State. This application is for grant of bail to the petitioner under the provisions of the Juvenile Justice (Care and Protection of Children)Act, 2000. Earlie...
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1. Heard both the parties.The Bihar Tax on Entry of Goods into Local Areas for Consumption, Use or Sale Therein Act, 1993 (hereinafter referred as the said Act) came into effect in the year 1993. The validity of the said Act was upheld by the Hon'ble Supreme Court in the case of State of Bihar v. Bihar Chamber of Commerce, reported in : [1996]2SCR184 . By the Bihar Tax on Entry of Goods into Local Areas for Consumption, Use or Sale Therein (Amendment) Act, 2001, which came into operation on and from 11th July, 2001, the said act was amended. Subsequent thereto by the Bihar Tax on Entry of Goods into Local Areas for consumption, Use or Sale Therein (Amendment) Act, 2003, which came into operation on and from 22nd August, 2003, the said Act was further amended. These two amendments were challenged. The challenge so thrown failed before this Court on the ratio of the Judgment of the Hon'ble Supreme Court rendered in the case of State of Bihar v. Bihar Chamber of Commerce (supra). The cha...
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Mridula Mishra, J.1. Heard the counsels for the petitioner, the State, Patna University and counsel representing the private respondent 6, 7 and 8.2. Question for consideration in the present writ application relates to inter se seniority of petitioner vis-a-vis respondents 6, 7 and 8. The petitioner has assailed the recommendation made by the Bihar State University (Constituent Colleges) Service Commission (hereinafter referred to as, 'the Commission') vide it's order, dated 04.01.2002, whereby names of four persons, including the petitioner were recommended for merit promotion against three posts of Reader available for promotion. Petitioner has alleged that the recommendation has been made on fortuitous ground of seniority, on the basis of date of joining on the post of Lecturer.3. The names of petitioner, along with respondents 6, 7 and 8, were recommended by the Commission for appointment on the post of Lecturer in Urdu, vide Notification No. G/14470-502, dated 07.05.1987. The nam...
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Aftab Alam, J.1. The petitioner, Food Corporation of India, seeks to challenge the order, dated 12.09.2006 passed by the Commercial Taxes Officer, Patliputra Circle, Patna under Section 8 of the Bihar Tax On Entry Of Goods Into Local Area For Consumption, Use Or Sale Therein Act, 1993 read with Section 32 of the Bihar Value Added Tax Act, 2005 charging entry tax amounting to Rs. 2,95,72,499.92 paise and penalty of Rs. 8,87,17,499.76 paise (totalling to Rs. 11,82,90,000/-). The entry tax was levied on food-grains (rice and wheat) brought by the petitioner to local areas within the State of Bihar from outside the State and the penalty was imposed as the Commercial Taxes Officer held that the action of the petitioner in not paying entry tax on the entire value of goods imported by it but only on the value of goods sold by it in Bihar during the relevant period amounted to concealment within the meaning of Section 32 of the VAT Act. The impugned order appertains to the first quarter of th...
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Reported in : AIR2010Pat29,2010(58)BLJR175
P.K. Misra, C.J.1. In these writ petitions, the primary challenge is to the validity of the provisions contained in Section 3(1) of the Bihar Electricity Duty Act, 1948 (hereinafter referred to as the Act) and also regarding the validity of the notification issued by the State Government fixing the rate of duty payable by the various sugar mills and other organizations generating electricity in their own power plants.The Act was enacted for the levy of duty on the sale and consumption of electrical energy in the State of Bihar. Its validity was once challenged in the Patna High Court mainly on the ground of lack of legislative competence. In decision reported in Indian Aluminium Co. and Anr. v. State of Bihar 1992(1) PLJR 55, the validity of Section 3(2) of the Act was upheld by observing that the electricity duty imposed was a 'tax' and not a 'fee' and the State had the necessary legislative competence.1.1 The present challenge is on account of amendment to Section 3(1) and the conseq...
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Shiva Kirti Singh and Kishore Kumar Mandal, JJ.1. This Letters Patent Appeal has been preferred by Tenughat Vidyut Nigam Limited (hereinafter referred to as 'TVNL') a company incorporated under Companies Act, 1956 having its registered office at Vidyut Bhawan Campus, Baily Road in the town of Patna, through its secretary against judgment of learned Single Judge dated 21.6.2004 whereby the writ petition preferred by the appellant bearing CWJC. No. 590 of 2003 was dismissed.2. As noticed by the writ court, the prayer of the writ petitioner in the writ petition were as follows:(1) To quash the order dated 27.2.2001 (Annexure-4) of the Government of Jharkhand in the Department of Water Resources and Energy whereby Tenughat Vidyut Nigam Ltd. has been declared to be an undertaking of the Government of Jharkhand in exercise of the power under Section 47 of the Bihar State Re-organisation Act, 2000. By this order it has been further declared that in the Memorandum and Article of Association o...
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Nagendra Rai and R.S. Garg, JJ.1. The petitioner, a company registered under the Indian Companies Act, 1956, has filed the present writ application for a direction to the respondents-authorities not to enforce Notification S.O, No. 154 dated 28-1-1985 issued under proviso to Section 13(1) of the Bihar Finance Act (hereinafter referred to as the Act) in relation to sale and purchase of packing materials by it which is covered by Section 13(1) (e) inserted in the Act by Bihar Finance Amendment Act, 1985 with effect from 1-8-1985. Prayer has also been made for quashing the order of Deputy Commissioner of Commercial Taxes, Pafna City, Patna, respondent No. 3, dated 7-4-2003 whereby prayer made on behalf of the petitioner to include in column 13 of the registration certificate the packing materials made out of papers, have been rejected. A copy of the aforesaid Notification and a copy of the order dated 7-4-2003 have been annexed as Annexures-6 and 5 respectively to the writ application.2....
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S.N. Jha, J. 1. This review petition has been filed in the light of the order of the Supreme Court dated 26-2-1999 in SLP (Civil) CC No. 8140/98. The order runs as under.'Learned Counsel for the petitioners relies on material & submit that the discipline of occupational Therapy/Physiotherapy is a recognised discipline and that the High Court Court was in error in assuming to the contrary. We think it is appropriate that, in the circumstances, such material should be presented to the High Court itself to enable it to consider whether the order under challenge should be reviewed. The SLP is dismissed. If the petitioners present a review petition before the High Court within two weeks, the same shall be duly considered.' 2. The above mentioned SLP had arisen from the order dated 9-10-1998 on an interlocutory application (IA No. 8296/97) in CWJC No. 8444 of 1997. The writ Petition was filed as a public interest litigation highlighting the mismanagement in the Patna Medical College & Hos...
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