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Judgment Search Results Home > Cases Phrase: mediation Court: patna Year: 2004 Page 3 of about 51 results (0.022 seconds)

Aug 17 2004 (HC)

Ravi Shankar Pandey Alias Nata Pandey Vs. State of Bihar and ors.

Court : Patna

Decided on : Aug-17-2004

mridula mishra, j. 1. this writ application under article 226 of the constitution of india has been filed for quashing the order of detention dated 15-11-2003 passed by the district magistrate, bhojpur at arrah (annexure-1) in exercise of the powers conferred under section 12(2) of the bihar control of crimes act, 1981 (hereinafter referred to as the act) as well as the order dated 24-11-2003 (annexure 2) passed by the state government approving the said order of detention in exercise of power under section 12(3) of the act and also the order dated 30-12-2003 (annexure 6) passed by the state government confirming the aforesaid order of detention under section 21(1) read with section 22 of the act. 2. section 12(1) of the act lays down that the state government may, if satisfied with respect to any person that with a view to preventing him from acting in any manner prejudicial to the maintenance of public order and there is reason to fear that the activities of anti-social element cannot be prevented otherwise than, by the immediate arrest of such person, make an order directing that such anti-social element be detained. 3. sub-section (2) of section 12 of the act states if having regard to the circumstances prevailing or likely to prevail in any area within the local limits of the jurisdiction of the district magistrate, the state government is satisfied that it is necessary so to do, it may by an order in writing direct, that during such period as may be specified in the .....

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Apr 13 2004 (HC)

Cit Vs. Md. Ehtesam

Court : Patna

Decided on : Apr-13-2004

nagendra rai, j. the point involved in all the cases under reference being the same, they have been heard together and are being disposed of accordingly.2. this is reference under section 256(2) of the income tax act, 1961 (hereinafter referred to as the act) made by the income tax appellate tribunal, patna bench, patna to answer the following question of the law.'whether on the facts and in the circumstances of the case, the tribunal was justified in confirming the order passed by the appellate assistant commissioner holding that as the penalty was imposed on the firm for delay in filing the return, no penalty was leviable on the assessee, who was a partner of the firm under section 271(1)(a) of the income tax act, 196l.'3. in all the ten cases, the same question has been referred and in five reference cases, namely, tax case nos. 27,28,29,30 and 33 of 1989, the opposite party is md. ehtesam and in other five tax case nos. 31,32,34,35 & 36 the opposite party is md. ezaz.4. the matter relates to imposition of penalty for not filing the return within time for the assessment years 1973-74, 1974-75, 1975-76, 1976-77 and 1977-78. the matter also relates to the assessment years 1972-73 as well as 1978-79. however, the matter with regard those years is not the subject matter of decision in this case for the reason that the penalty imposed for not filing the return with regard to aforesaid two years has attained finality by the order of the appellate authority and that was not .....

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Apr 13 2004 (HC)

Commissioner of Income Tax Vs. Md. Ehtesam and anr.

Court : Patna

Decided on : Apr-13-2004

nagendra rai, j.1. the point involved in all the cases under reference being the same, they have been heard together and are being disposed of accordingly.2. this is reference under section 256(2) of the income-tax act, 1961 (hereinafter referred to as the act) made by the income-tax appellate tribunal, patna bench, patna to answer the following question of the law :--'whether on the facts and in the circumstances of the case, the tribunal was justified in confirming the order passed by the appellate assistant commissioner holding that as the penalty was imposed on the firm for delay in filing the return, no penalty was leviable on the assessee, who was a partner of the firm under section 271(1)(a) of the income-tax act, 1961.'3. in all the ten cases, the same question has been referred and in five reference cases, namely, tax case nos. 27, 28, 29, 30 and 33 of 1989, the opposite party is md. ehtesam and in other five tax cases no. 31, 32, 34, 35 and 36, the opposite party is md. ezaz.4. the matter relates to imposition of penalty for not filing the return within time for the assessment years 1973-74, 1974-75, 1975-76, 1976-77 and 1977-78. the matter also relates to the assessment years 1972-73 as well as 1978-79. however, the matter with regard to those years is not the subject-matter of decision in this case for the reason that the penalty imposed for not filing the return with regard to aforesaid two years has attained finality by the order of the appellate authority and .....

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Apr 16 2004 (HC)

Sita Ram Choudhary Vs. Patna Municipal Corporation and ors.

Court : Patna

Decided on : Apr-16-2004

r.s. garg, j.1. heard learned counsel for the parties.the petitioner was appointed as sanitary supervisor. the petitioner later on under annexure-4 was allowed to work as tax collector with effect from 11.8.1987. the petitioner was thereafter relieved on 14.8.1987 to join the post of tax collector. since thereafter, the petitioner continued to work as tax collector. thereafter on 15.6.1995 vide corporation order no. 27/95 under annexure-8 the petitioner and seven others were absorbed in the cadre and their services were regularised as tax collectors. thereafter, the petitioner continued to work but all of a sudden on 3.4.2002 vide memo no. 289 the administrator, patna municipal corporation sri a.b. prasad reviewed the matter and without giving any opportunity of hearing to the petitioner directed that order no. 27/95 (annexure-8) stands recalled. he also observed that in the channel of promotion sanitary supervisor cannot be promoted as tax collector, therefore, the order dated 15.6.1995 was illegal.2. the petitioner being aggrieved by the said order has come to this court inter alia submitting that as the petitioner was validly promoted and in that case the order of promotion, absorption and regularisation could not be cancelled ex parte and lopsided and before passing or issuing orders contrary to the interest of the petitioner, an opportunity of hearing ought to have been given to him. it is also submitted by him that vide annexure-6 memo no. 62150 dated 26.11.1976 .....

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Jul 08 2004 (HC)

GlIndia Ltd. Vs. the State of Bihar

Court : Patna

Decided on : Jul-08-2004

nagendra rai and s.n. hussain, jj.1. the commercial taxes tribunal, bihar, patna has made a reference under section 48 of the bihar finance act, 1981 with regard to an order dated 28.1.1989 passed in revision case no. pt-30/88 arising out of the assessment of sales tax made on the petitioner by order dated 9.2.1983 under section 17(2) of the act, for the period 1978-79.2. admittedly, the petitioner was registered under the bihar sales tax act, and the assessment order was passed under section 17 (2) of the act, for the aforesaid period by the deputy commissioner of commercial taxes, patna special circle, patna.-before the assessing authority the applicant claimed exemption from payment of sales tax in course of export to nepal for rs. 41,68,042.29 and filed customs certificates of nepal. after verification, the assessing officer allowed the claim. there was excess payment by the petitioner and as such he made a claim for refund of rs. 53,899.88. under the relevant provision, the matter was sent by the deputy commissioner of commercial taxes, patna to the joint commissioner of commercial taxes, for counter signing. the joint commissioner wanted to look into the custom certificates but he did not find them on the assessment record nor the same were made available to him on demand and thereafter in exercise of suo motu power under section 46(4) of the act, he set aside the assessment order and remanded the matter to the assessing officer to decide the issue on admissibility of .....

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Feb 17 2004 (HC)

Rajendra Sharma and anr. Vs. State of Bihar

Court : Patna

Decided on : Feb-17-2004

b.n.p. singh, j.1. appellant rajendra sharma along with shankar dayal sah (dead) and prayag sah suffered conviction under section 7 of the essential commodities act, for violation of provisions of bihar trade articles (licenses unification) order, 1984 (hereinafter called as 'unification order') and while the appellant was sentenced to undergo rigorous imprisonment for a term of six months, shankar dayal sah and prayag sah were sentenced to undergo rigorous imprisonment for a term of three months each. as during pendency of appeal, shankar dayal sharma was reported to be dead, appeal as against him had abated. it was brought to the notice of the court that no appeal was preferred by other convict prayag sah.2. factual matrix.--allegedly pursuant to apprehension of one prayag sah with a tin of 18 litres of kerosene oil, said to have been purchased from fair price shop of the appellant through his employee shankar sah in black market, business premises of the appellant was searched by the circle officer, jandaha, vaishali, in course of which maldistribution of essential commodities to the consumers attached to the fair price shop of the appellant, came to his notice, and prominent among those maldistributions was that though there should have been only 128 litres of kerosene oil in the stock, on strength of entries made in the stock register, on physical verification, there had been seizure of 180 litres of kerosene oil from the stock. instances of maldistribution of sugar had .....

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Nov 14 2004 (HC)

Gopal Prasad @ Gopal Sao and ors. Vs. State of Bihar

Court : Patna

Decided on : Nov-14-2004

b.n.p. singh, j. 1. veena devi, wedded to gopal prasad, appellant no. 1, died in her in-laws' house within 6 1/2 years of her marriage allegedly for torture meted out to her by the in-laws. father of the deceased on receipt of message of tragic end of his daughter, took recourse to public authority and set criminal law in motion on filing written complaint on 20.1.1988 before officer-in-charge, bodh gaya police station, in which accusation, inter alia, was made that information received from his brother suggested that veena devi was poisoned and her dead body was cremated. as usual, investigation commenced in course of which, police officer visited place of occurrence, recorded statement of witnesses and on conclusion of investigation, laid charge-sheet before the court. in the eventual trial, that followed, state examined 12 witnesses, father, uncle, and brother of the deceased, state also examined one police officer yogendra prasad (p.w. 12) who simply brought on the record first information report and also part of the police case diary. a good number of witnesses were either tendered by the state or they had turned volte face to the prosecution.2. defence of the appellants, both before the court below and this court has been that of innocence and they ascribed false implication for no good reasons. other defence of the appellants was that veena devi died of diarrhoea while she had been in in-laws' house.3. trial court, however, on appreciation of probative value of .....

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Jan 21 2004 (HC)

Bigan Prajapat Vs. State of Bihar

Court : Patna

Decided on : Jan-21-2004

s.n. jha and b.n.p. singh, jj.1. the sole appellant of this appeal has been convicted under section 302 of the indian penal code and sentenced to imprisonment for life for having killed anchhi devi, his wife in the night of 22/23.9.1993 at village maraha within dumaria police station of gaya district.2. the prosecution was set in motion by the deceased's father, somar prajapat. on 13.9.1993 at 12.00 noon he made a fardbeyan to s.i.j.l das of dumaria police station stating that his daughter anchhi devi was married to the appellant about 20 years' ago. soon after the marriage the appellant started ill-treating her. in fact, after five years of marriage he married again in village bhagia. after panchayati he agreed to keep anchhi devi. though she started living with the appellant, ill-treating continued. in course of time two daughters and a son were born to her. at the time of occurrence again she was pregnant. at about 7 a.m. he learnt from two persons of village marha that his daughter had been killed by the appellant. hearing this he went to the appellant's house and found anchhi devi lying dead. the villagers told him that she had been strangulated to death by the appellant.3. on the basis of the said fardbeyan dumaria p.s. case no. 37/93 was registered and the investigation commenced. after completing the formalities, charge sheet was submitted against the appellant and he was put on trial.4. at the trial the prosecution examined 7 witnesses to prove its case. pw 1 rajo .....

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Sep 13 2004 (HC)

Shambhu Nath Mishra Vs. the State of Bihar and ors.

Court : Patna

Decided on : Sep-13-2004

chandramauli kr. prasad, j.1. this application has been filed for quashing he order dated 14.12.2001 passed by the special director, secondary education in appeal no. 19 of 1997, whereby respondent no. 9 has been declared senior to the petitioner.2. short facts giving rise to the present application are that the petitioner as also respondent no. 9 were appointed as teachers on 1.4.1981 and 1.1.1979 respectively. at the time of appointment, petitioner possessed degree and madhyama qualifications whereas respondent no. 9 had degree with honours. it appears that second post of teacher had fallen vacant some time in the year 1986-87 and step was taken to fill up the said post. the managing committee of the school vide its resolution, dated 22nd of june, 1987, decided to appoint the petitioner as second teacher and forwarded the decision to the bihar sanskrit shiksha board, hereinafter referred to as the board. the board approved the appointment of the petitioner by order dated 8th of august, 1988. respondent no. 9 challenged the aforesaid order in cwjc no. 5830 of 1989 but during the pendency of the said case, the authorities considered the case of respondent no. 9 and by order dated 7th of october, 1991 allowed him to function on the second post in the scale of rs. 730-1080/- cancelling the earlier order date 8th of august, 1988 referred to above. the aforesaid order was challenged before the special director by the petitioner who by order dated 7th of october, 1991, reversed .....

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Feb 04 2004 (HC)

Dhora Bhagat Vs. State of Bihar and ors.

Court : Patna

Decided on : Feb-04-2004

b.n.p. singh, j. 1. what is being impugned in this revision at the instance of the informant, a private party, is finding of acquittal recorded by shri r.n. verma, 1st additional sessions judge, east champaran, motihari, in sessions trial no. 389 of 1995.factual matrix--dhora bhagat had been to the house of sheo bachan sah for seeds and as said sheo bachan sah was otherwise busy, he asked him to come afterwards. allegedly, shortly after dhora bhagat proceeded, the accused persons, who were 13 in numbers came and encircled dhora bhagat. then on exhortation made by suraj bhagat and jagarnath bhagat, nand kishore bhagat and ganga bishun bhagat assaulted dhora bhagat with hard blunt object. alarms were raised by dhora bhagat, pursuant to which deceased laxman bhagat came from his house and on exhortation made by said suraj bhagat and jagarnath bhagat, gaya bhagat dealt a farsa blow on his head, which was followed by assault with hard and blunt object by nand kishore bhagat, shambhu bhagat, ganga bishun bhagat and ram surat bhagat. laxman bhagat thereafter dropped injured and eventually succumbed to the injuries. the ball was set in motion by dhora bhagat, who instituted a police case with accusation of killing of laxman bhagat and also assaulting him.2. at trial, the state examined ten witnesses including doctor, police officer and host of other witnesses. the trial judge, however, on appreciation of evidences available on the record, it seems discredited the prosecution version .....

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