Patna Court March 1995 Judgments
Fulo Devi and ors. Vs. State of Bihar
Court: Patna
Decided on: Mar-10-1995
Loknath Prasad, J.1. This appeal is directed against the order of conviction recorded by 8th Additional Sessions Judge, Patna in Sessions Trial No. 959 of 1989 through which he found the appellants, Fulo Devi and Bindu Devi guilty under Section 302 of the Indian Penal Code and convicted and sentenced them to undergo rigorous imprisonment for life and further all the four appellants including Fulo Devi and Bindu Devi were also found guilty under Section 498A of the Indian Penal Code and they were sentenced to undergo rigorous imprisonment for one year.2. The facts in short giving rise to this appeal is that the deceased Sheela Devi was married with the appellant, Mohan Ram, sometime in the year 1978 and she was living in her matrimonial house. On 3.5.1989 at about 9 p.m. an alarm was raised by the deceased Sheela Devi which attracted the witnesses and they had seen her burning and they extinguished the fire. In the meantime a Police Party also arrived in a jeep and she was taken to Nal...
Tag this Judgment!Sisir Kumar Haldar Vs. State of Bihar and ors.
Court: Patna
Decided on: Mar-09-1995
P.K. Deb, J.1. House No. 60/1-B belonging to the Bihar State Housing Board at Jamshedpur was allotted to the petitioner some time in the year 1986. According to the petitioner, it wan under TAYO pull and he was allotted the same as an employee of Tata-Yadagawu Ltd. But, it seems that the house was then allotted to the petitioner directly by the Housing Board through Annexure-4 on an application made on behalf of the petitioner. But without giving any opportunity to show cause to the petitioner, the allotment was cancelled by Annexure-9 on 29.1.1994 and the house in question was settled with one Sheela Devi wife of Respondent No. 7. It is stated that some allotment has been made in the name of Respondent No. 7 and his wife at the instance of a Minister and the grievance of the petitioner is that natural justice has been violated in not given any scope to show cause to the petitioner.2. The contention of the respondent is that although the house was allotted in favour of the petitioner ...
Tag this Judgment!Sisir Kumar Haldar Vs. State of Bihar and ors.
Court: Patna
Decided on: Mar-09-1995
P.K. Deb, J.1. House No. 60/1-8 belonging to the Bihar State Housing Board at Jamshedpur was allotted to the petitioner some tune in the year 1986. According to the petitioner, it was under TAYO puel and he was allotted the same as an employee of Tata-Yadagawa Lid. But, it seems that the house was then allotted to the petitioner directly by the Housing Board through Annexure-4 on an application made on behalf of the petitioner. But without giving any opportunity to show cause to the petitioner, the allotment was cancelled by Annexure-9 on 29.1.1994 and the house in question was settled with one Sheela Devi wife of Respondent No.7, It is stated that such allotment has been made in the name of Respondent No.7 and his wife at the instance of a Minister and the grievance of the petitioner is that natural justice has been violated in not giving any scope of show cause to the petitioner.2. The contention of the respondent is that although the house was allotted in favour of the petitioner i...
Tag this Judgment!Prakash Kumar Jha and ors. Vs. State of Bihar and ors.
Court: Patna
Decided on: Mar-09-1995
N. Pandey, J.1. This writ application has been filed for quashing the entire proceeding of celling case No. 24 of 1979-80/ Tr. No. 86 of 1984-85 as also die order dated 26.4.1991, whereby, the Deputy Collector, Land Reforms, sent the matter for final publication in the official gazette of the District for acquisition of 126, 73 Acres of land as surplus.2. For proper adjudication of the questions, involved in the present writ application, it would be appropriate to have a brief survey of certain facts. It appears in the years 1979 a land ceiling case was registered as L.C. Case No. 24 of 1979-80 against the petitioner on receipt of an information, submitted by the Anchal Adhikari, Katihar, the petitioner land holder submitted his return and approached for dropping the proceeding on the ground that he had no excess or surplus land for acquisition.3. The additional collector (ceiling) published a draft statement under Section 10(2) of the Bihar Land Reforms (Fixation of Ceiling Area and ...
Tag this Judgment!Hindustan Steel Works Construction Ltd. Vs. Raj Kumar and Brothers
Court: Patna
Decided on: Mar-08-1995
Gurusharan Sharma, J.1. The petitioner has challenged the order dated 14.2.1994 passed by the Second Subordinate Judge, Chaibasa in Misc. Case No. 12 of 1993, whereby it has been held that Mr. Justice Uday Sinha a retired Judge of this Court, now practising as an Advocate in the Hon'ble Supreme Court of India was not finally appointed as an Umpire, and another person has been appointed as Umpire.2. Admittedly, the opposite party entered into ah agreement with the petitioner for carrying out certain contract works in connection whereof certain disputes arose and the same was referred to Arbitration. Both parties nominated one Arbitrator each. The two Arbitrators were required to appoint Umpire before proceeding with the arbitration. Accordingly, on 4.7.1993, both held discussions on the nomination/appointment of Umpire. On 5.7.1993, Opposite Party's Arbitrator wrote a letter to the petitioner's Arbitrator that he agreed to the name of Justice Uday Sinha (Retd) as Umpire and gave his se...
Tag this Judgment!Vivek Bhargava and ors. Vs. State of Bihar
Court: Patna
Decided on: Mar-08-1995
Shashank Kumar Singh, J.1. These applications arise out of the same order, a? such, with the consent of the parties they have been heard together and are being disposed of by a common order and judgment2. Present applications have been filed for quashing the order dated 2-12-1992 passed in Special Case No. 100 of 1990 arising out of Vigilance P.S. Case No. 54 of 1990 pending in the Court of Special Judge (Vigilance), South Bihar, Patna whereby learned Special Judge has been pleased to reject the applications of the petitioners under Section 205 of the Code of Criminal Procedure, 1973 (hereinafter to be referred to as 'the Code') for allowing them to be represented through their counsel during the trial and has also directed for issuance of warrant of arrest against them.3. learned Counsel appearing for the petitioners has tried to impress upon this Court, by going into the merit of the case, stating therein, that the petitioner's firm were only acting as Agent and were commission hold...
Tag this Judgment!Rameshwar Oraon Vs. State of Bihar and ors.
Court: Patna
Decided on: Mar-08-1995
Asok Kumar Ganguly, J.1. The subject matter of challenge in this writ petition are the orders issued by respondent No. 2. Those orders have been annexed as Annexures 7 and 9 to this writ petition.2. The case of the petitioner is that on 29th Nov. 1994 on promotion he joined as Inspector General of Police, Patna Zone and he is continuing as such even today. The petitioner challenges the order of the Election Commission of India dated 24th Feb. 1995 and in paragraph 7 thereof it has been stated that the Commission, after careful consideration of the entire circumstances, documents and communications on record and after keeping in view all relevant factors, directed that the petitioner be immediately transferred and debarred from any election related work. Similar direction was also passed in respect of another Officer Mr. R.D. Subarno under the said order. This order has been given reasons for the direction it contains and has been annexed as Annex.-7 to the writ petition. The petition...
Tag this Judgment!Dr. Ramesh Chandra Vs. the State of Bihar and ors.
Court: Patna
Decided on: Mar-07-1995
S.N. Jha, J.1. The petitioner seeks quashing of the decision of the Commissioner-cum-Secretary, Department of Health, Medical Education and Family Welfare, Annexure-9, in the matter of determination of his seniority vis-a-vis respondent No. 3 and appointment/promotion to the posts of Associate Professor/Professor in the Department of Neuro Surgery, and the consequential notifications, Annexures 10 and 11. He also seeks a mandamus to treat his so called 'ad hoc' appointment to the post of Associate Professor as regular and to promote him to the post of Professor in the said Department. The dispute has a long chequered career. Shortly stated, the facts of the case are as follows.2. The petitioner after doing his M.B.B.S. joined the then Prince of Wales Medical College, Patna, as Demonstrator in the Department of Anatomy. In 1965 he was granted study leave for two years. He did M.S. in General Surgery and thereafter M.Ch. in Neuro Surgery in 1967. After serving the Christian Medical Coll...
Tag this Judgment!Phool Chandra Ram and ors. Vs. Bihar State Housing Board and ors.
Court: Patna
Decided on: Mar-04-1995
Radha Mohan Prasad, J.1. In this application the petitioners pray for quashing of that portion of the allotment letters, as contained in Annexure-5, whereby the prices have been fixed as on 30.6.1992 and for issuance of a direction to the respondents t reduce the prices of the weaker section income group (Janta flats) built at Harmoo, Ranchi, in 1974 and, further, for a direction to them to fix the prices of the flats as on the date of their completion as was done in the cases of allotment of similar flats in the past. Further, the petitioners also pray for a direction to the respondents to make necessary repairs of the said Janta flats, including electrical fittings, sewerage system and drain age system as also for eviction of the unauthorised occupants of the said flats before the agreement is executed pursuant to the allotment letters (Annexure-5) with the petitioners.2. In short, the case of the petitioners is that in the year 1974, 360 Janta flats were constructed at Harmoo, Ranc...
Tag this Judgment!Bihar Chamber of Commerce and Etc. Vs. State of Bihar and ors.
Court: Patna
Decided on: Mar-02-1995
A.K. Ganguly, J. 1. This batch of writ petitions, were heard analogously and most of the questions of law are common in all these cases and as such they are dealt with and decided by this common judgment. There are of course some points which are relevant only in some particular case and those aspects have been dealt with separately. 2. The main challenge is on the constitutional validity of the Bihar Tax on Entry of Goods into Local Areas for Consumption, Use or Sale therein Ordinance, 1993 which was later on converted into the Bihar Tax on Entry of Goods into Local Areas for Consumption, Use or Sale therein Act, 1993 (hereinafter referred to as the said Act). 3. In C. W. J. C. No. 10084 of 1993 the petitioners have given details of manner in which they carry on business of the manufacture, production, distribution and sale of cigarette and smoking mixtures which are known as Tobacco Products. Those factual aspects relating to the nature of business carried on by the petitioner's c...
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