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Judgment Search Results Home > Cases Phrase: mediation Sorted by: recent Court: patna Year: 2004 Page 5 of about 51 results (0.026 seconds)

Feb 13 2004 (HC)

Bikrama Thakur and ors. Vs. State of Bihar and ors.

Court : Patna

Decided on : Feb-13-2004

s.k. katriar, j.1. heard mr. shashi shekhar dwivedi for the petitioners, mr. abbas haider, jc to gp no. ii for respondent nos. 1 to 5, and dr. alok kumar sinha for respondent nos. 6 to 9. this writ petition is directed against the order dated 26.2.2001 (annexure-1), passed by the learned collector of the district of saran at chapra in misc. petition no. 24/95 tapeshwar thakur and ors. v. sitaram thakur and ors. in purported exercise of powers under section 21 of the bihar privileged persons homestead tenancy act 1947 (hereinafter referred to as the act), whereby the revision petition at the instance of respondent nos. 6 to 9 herein has been allowed, and the settlement of the lands in question in favour of the petitioners has been cancelled. according to the writ petition, it relates to plot no. 684, appertaining to khata no. 146, covering an area of 71/2 decimals= 2 kathas, situate at village shekhpura, district saran. it is further stated in the writ petition that the total area of this plot is 5 kathas and 2 dhurs, and the said 71/2 decimals of which was settled in favour of the petitioners by order dated 8.9.1982, as is evidenced by parcha marked annexure-2 to the writ petition followed by the rent receipts marked annexure-3 series. respondent no. 6 to 9 had filed an application before the learned dclr stating therein that the lands in question are gair- mazarua aam lands, being a garha used by members of the general public for purposes of bathing, drinking water, chhath .....

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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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Feb 04 2004 (HC)

Nagendra Prasad Vs. State of Bihar and ors.

Court : Patna

Decided on : Feb-04-2004

nagendra rai, j. 1. the petitioner in all the four cases is one and the same and the points involved in all the cases being also the same, they have been heard together and are being disposed of by this common judgment.2. the petitioner is engaged in the business of manufacture and sale of country liquor. the matter relates to the assessment under the provisions of the bihar finance act (hereinafter referred to as the act) for the two assessment years, i.e. 1999-2000 and 2000-2001. he has challenged the order dated 25.2.2003 passed in all the four cases which has been annexed as annexure-7 to all the writ applications whereby the joint commissioner of commercial taxes (admn.), patna division, patna in exercise of power under section 46(4) of the act while remanding the matter to the assessing authority has observed that the excise duty is component of sale price and the sale price cannot be segregated into different components but discount is not permissible or allowable on the excise duty, a component of the sale price.3. the necessary facts for disposal of the aforesaid writ applications are that the petitioner has been granted licence to manufacture and sale country liquor at places buxar, ara, sasaram, mohania, bikramganj & bihia. for the relevant assessment years, he filed the returns showing total turn over and paid the taxes under the provisions of the act. the assessing authority made assessment under section 17(3) of the act by order dated 18.11.2000 in cwjc nos. .....

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Jan 29 2004 (HC)

Anand Mohan Vs. Md. Anwarul Haque and ors.

Court : Patna

Decided on : Jan-29-2004

m.l. visa, j.1. by this election petition filed under sections 80, 80a and 81 of the representation of peoples act, 1951 (hereinafter referred to as 'the act'), anand mohan, election petitioner has challenged the election of returned candidate md. anwarul haque, respondent no. 1, who has been declared elected from 12, sheohar parliamentary constituency in the mid-term parliamentary election, 1999 (hereinafter referred to as the 'election in question') held on 3.10.1999 and has prayed for setting aside the election of respondent no. 1, recounting of votes and on the basis of said counting declaring the petitioner as returned candidate in the election in question.2. the case of petitioner, in short, is that the district magistrate, sitamarhi-cum-returning officer of 12, sheohar parliamentary constituency issued notification on 7.9.1999 for mid-term election of parliament,'1999 in 12, sheohar parliamentary constituency as per the following programme :--(i) last date for filing of nomination paper 14.9.1999(ii) the date for scrutiny of nomination paper 15.9.1999(iii) the last date of withdrawal of candidate 17.9.1999(iv) the date of poll (if election is contested) 3.10.1999(v) the date of counting 6.10.1999(vi) the last date when election process is to be concluded 10.10.1999(vii) the date of declaration of result 7.10.1999.3. altogether ten candidates filed nomination papers before the returning officer and out of them nomination paper of one candidate shri hari kishore singh .....

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Jan 29 2004 (HC)

Saryug Kumar Vs. State of Bihar and ors.

Court : Patna

Decided on : Jan-29-2004

chandramauli kumar prasad, j. 1. this application has been filed for quashing the order dated 11.10.2002 passed by the divisional commissioner, munger in arms appeal no. 6/2001-2002 whereby the appeal preferred by the petitioner against the order of the licensing authority revoking the licence has been, dismissed for default. further prayer made by the petitioner is to quash the order dated 31.1.2003 (annexure-7) whereby the application filed for restoration of the aforesaid appeal, has been dismissed.2. short facts giving rise to the present application are that the petitioner held licence bearing no. 12 of 1996 for a non-prohibited bore arms. after the grant of the licence, he purchased the rifle on 7.9.1998. a proceeding for revocation of the licence was initiated against the petitioner and the licensing authority cancelled his licence. against the said order, he preferred appeal before the commissioner which was registered as arms appeal no. 6 of 2001, 2002 in which on 6.9.2002, petitioner filed hajri. on that date commissioner called for the lower court record and the case was directed to be listed on 4.10.2002. on the said date, petitioner was absent and a statement was made by the counsel for the state that notwithstanding the cancellation of the licence by the collector, petitioner had not deposited the arms. taking note of the aforesaid statement, the commissioner observed that in case the petitioner does not do so 'keeping in mind his persistent absence, this court .....

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Jan 23 2004 (HC)

Priyanka Pratap Singh Vs. Divisional Manager Ibp Co. Ltd. and ors.

Court : Patna

Decided on : Jan-23-2004

radha mohan prasad, j. 1. in this writ petition, the petitioner is aggrieved by the list of shortlisted candidates in order of merit dated 7.10.2003 (annexure-8) for retail outlet of respondent ibp company limited at the location goh, district aurangabad. in the said list hari narayan tripathi (respondent no. 3) has been placed at serial no. 1 and the petitioner has been placed at serial no. 3. according to the petitioner, the selection of respondent no. 3 is wholly arbitrary and mala fide inasmuch as, according to her, he is less deserving candidate than her above all he did not fulfil the pre-requisite criteria for the selection.2. in short, the relevant facts are that the respondent-company issued notice in 'hindustan' a hindi daily published on 6.10.2001 (annexure-1) inviting offer for appointment of retail outlet/sko-ldo dealership at various places, including the above mentioned place in question. as per clause 'kha' of the said advertisement, preference was to be given to those who were willing to transfer the ownership of the land or executing agreement for long term lease. besides others, the petitioner and respondent no. 3 filed their applications in response to the said notice. subsequently, the respondent-company issued another notice dated 12.7.2002 (annexure-2) that the company are interested in taking land free from encumbrances on long term lease for opening of the retail outlet at goh on daudnagar gaya road, n.h. 7 besides other places, which are not covered .....

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Jan 22 2004 (HC)

NavIn Singh and anr. Vs. State of Bihar and ors.

Court : Patna

Decided on : Jan-22-2004

chandramauli kumar prasad, j. 1. this application has been filed for issuance of an appropriate writ for quashing the order dated 6.4.1997 whereby the collector had published the estimated minimum value of the land.2. short facts giving rise to the present application are that the petitioners are the residents of village parsa in the town of patna and they possess land in that village. the collector, patna, by his order dated 6.4,1997 (annexure-1), estimated the value of the agricultural as also the homestead lands of village parsa and other villages falling within the district of patna. the valuation so-fixed was to be made effective from 10th of september, 1997. according to the order, the valuation of homestead and agricultural land of village parsa was determined at rs. 5619/- and rs. 1333/- per katha respectively. it is the stand of the petitioners that the collector has no such power to determine the value of the land.3. mr. pramod kumar singh appearing on behalf of the petitioner submits that such a power vested in the state government, which would be evident from section 78(a) of the registration act, hereinafter referred to as the act and as such, the collector lacks jurisdiction to fix the minimum value of the land. he points out that the collector cannot be equated with that the state government.4. the submission of mr. singh is absolutely misconceived. section 78 of the act which is relevant for the purpose reads as follows :-- 78. fees to be fixed by state .....

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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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Jan 19 2004 (HC)

Nagendra Prasad Singh Vs. State of Bihar and ors.

Court : Patna

Decided on : Jan-19-2004

chandramauli kumar prasad, j.1. this writ application was initially filed to quash the notice dated 23.9.2003 (annexure-1) whereby the executive officer of the panchayat samiti, gurua had issued notice for convening the meeting of the panchayat samiti to consider the no confidence motion against the petitioner. during the pendency of the application, no confidence motion has been carried out against the petitioner. by way of amendment, the prayer is to quash the resolution dated 30.9.2003 of the panchayat samiti carried out the motion of no confidence against the petitioner.2. shorn of unnecessary details facts giving rise to the present application are that the petitioner was elected as pramukh of gurua panchayat samiti on 12th of june, 2001. the executive officer of the said samiti issued notice dated 23.9.2003 informing the members of the panchayat samiti that a meeting shall be held on 30th of september, 2003 to consider the no confidence motion against the petitioner. petitioner challenged the same by filing the present writ application but during the pendency of the application, the meeting was held and a no confidence motion has been carried out against the petitioner.3. mr. rajendra prasad singh, senior advocate, appearing on behalf of the petitioner has raised several points to assail the notice and the resolution of no confidence motion passed against the petitioner but as the writ application is to succeed on a very short point, i deem it inexpedient either to .....

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Jan 15 2004 (HC)

i.T.C. Limited Through Sri Jagdish Singh and anr. with Goodyear India ...

Court : Patna

Decided on : Jan-15-2004

..... that would fall within the purview of article 301. the argument that all taxes should be governed by article 301 whether or not their impact on trade is immediate or mediate, direct or remote, adopts, in our opinion, an extreme approach which cannot be upheld. it was further held in paragraph 52 of the judgment that 'article 301 provides that trade .....

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