Patna Court July 1995 Judgments
Biren Lal Vs. State of Bihar
Court: Patna
Decided on: Jul-31-1995
S.K. Chattopadhyaya, J.1. In this application the order dated 18.12.1986 and 10.4.1987 have been impugned by reason of which the learned court below has refused to discharge the petitioner and framed charge against him under Sections 377, 511 read with Section 323 of the Indian Penal Code.2. The facts of the case lie in a narrow compass, F.I.R. was lodged by ones Laltoo Vishal on 16.7.1986 a servant working in a hotel alleging that he was sleeping on a road culvert and when he suddenly woke up and found that the petitioner, in order to commit unnatural act, opened his lungi and underwear, The informant raised hulla but the petitioner threatened him with dire consequences. Other servants also woke up and one of the servants was assaulted by the petitioner. The informant, out of fear, entered into a shop.After competition of investigation charge-sheet was filed and cognizance was taken. The petitioner filed a petition for his discharge which was refused and ultimately charge aforesaid ...
Tag this Judgment!Shyam Nandan Prasad Alias Shyam Nandan Vs. Union of India (Uoi) and or ...
Court: Patna
Decided on: Jul-28-1995
Radha Mohan Prasad, J.1. The present writ petition application is directed against the order of the Central Government, contained in annexure 1 whereby and whereunder the claim of the petitioner for grant of freedom fighter's pension has been rejected on the sole ground that G.R. No. 1247/48 produced by him does not contain his name. It appear that the name of one Shyam Nandan Singh finds place in the said G.R. The petitioner in support of his claim also produced the certificate granted by the co-prisoner, which is contained in Annexure-5 series.2. It is true that there is some discrepancy in the title of the petitioner in the G.R. but considering the certificates of the co-prisoner produced by the petitioner as well as me report of the Additional Collector, contained in Annexure-7, in my opinion, the respondents ought to have considered the certificates produced by the petitioner aforementioned.3. Accordingly, having heard the learned Counsel for the petitioner and the learned Addl. ...
Tag this Judgment!Kamal Nayan Narsaria Alias Kamal Narsaria, Etc. Etc. Vs. State of Biha ...
Court: Patna
Decided on: Jul-28-1995
G.B. Patnaik, C.J.1. In these five applications the prayer of the petitioners is to quash the F.I.R.. and for that purpose the extra-ordinary equitable jurisdiction of this Court has been invoked. The aforesaid prayer has been made on the ground that the allegations in the F.I.R. do not constitute any offence under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter to be referred to as 'the Act') to invoke the jurisdiction of this Court under Articles 226 and 227 of the Constitution. The validity of some of the provisions of the Act has been challenged and to our utter surprise we find that while entertaining these applications for hearing, the Court has passed orders granting anticipatory bail to the persons named as accused persons in the F.I.R. Though the validity of the Act has been assailed which is a Central Act but the Union of India has not been arrayed as a respondent in four of the cases and those cases could be summarily rejected on ...
Tag this Judgment!Shambhu Nath Roy Vs. State of Bihar and ors.
Court: Patna
Decided on: Jul-28-1995
S.K. Chattopadhyaya and P.K. Deb, JJ.1. Heard Mr. A.K. Sinha, counsel appearing on behalf of the Respondent No. 7, Shri Basant Kumar Lal, who pose himself to be the Secretary of the Ranchi Law College and Mr. M.S. Anwar, counsel appearing on behalf of the Respondent Nos. 4 to 6.2. Mr. Sinha by filing a petition has prayed for vacating the order dated 24.5.1995 passed by a Division Bench of this Court giving liberty to the Ranchi University to constitute an Adhoc Committee in exercise of the powers conferred under Section 60(4) of the Bihar State Universities Act.Mr. Sinha has taken several grounds, the main being that the said order was passed behind the back of the respondent No. 7 causing the stay order granted earlier by the Court in CWJC No. 1139 of 1995(R) in favour of the respondent No. 7 against the Ranchi University infructuous.3. In order to bring out the point in clear perspective, it may be useful to set out some facts of the case.Ranchi Law College is running in the name a...
Tag this Judgment!Surendra Kumar Singh, Etc. Etc. Vs. State of Bihar and ors.
Court: Patna
Decided on: Jul-28-1995
G.B. Patnaik, C.J.1. These writ applications involve Common questions with regard to the right of those persons who had been empanelled for being appointed on the posts of Assistant Science Teachers in the district of Ranchi and yet persons down below in the list were appointed and their cases were excluded from being appointed.2. An advertisement had been issued on 14.10.1981 inviting applications from the candidates to be appointed as Assistant Science Teachers with the minimum qualification of I.Sc. or B.Sc. The petitioners and several others had made their applications. The persons who were found to be qualified were called for interview on 12.2.1982 and ultimately a panel was drawn up which was published on 8.4.1986.3. The petitioners' grievance is that though their names have been placed sufficiently high up in the panel and though they were waiting for being appointed on the different posts of Assistant Science Teachers, but the authority ignoring their cases have appointed per...
Tag this Judgment!Balram Prasad Agrawal Vs. State of Bihar and ors.
Court: Patna
Decided on: Jul-27-1995
S.K. Chattopadhayaya, J.1. This revision application at the instance of the informant-petitioner, is directed against the judgment of acquittal dated 12.12.1991 passed by the learned Additional Judicial Commissioner, Lohardagga.2. Before appreciating the points canvass by the learned Counsel for the parties, it is necessary to portray the background of the case.Opposite Party Nos. 2 to 4 were charged under Section 302 read with Section 34 of the Indian Penal Code for committing murder of the daughter of the informant namely, Kiran Devi. The opposite party No. 2 was charged under Section 302 simplicitor.The prosecution case in nutshell is that Kiran was married to the petitioner No. 1 in 1977. As even after 5 to 6 years of her marriage no child was born, opposite party Nos. 3 and 4 used to threat that opposite party No. 2 would be given a second marriage and Kiran would be killed. However, Kiran was examined by the doctor and subsequently gave birth to two sons. She was brought to her ...
Tag this Judgment!United India Insurance Co. Ltd. Vs. D.P.S. Computers and Allied Produc ...
Court: Patna
Decided on: Jul-26-1995
P.K. Deb, J.1. This civil revision application is taken up along with Civil Revision No. 228 of 1995 (R) for disposal as both the cases relate to the same question.2. The grievance of the petitioner is that by the impugned orders, the courts below at Ranchi, has rejected the petition filed for seeking time to move before the Apex Court in Special Leave Petition against the judgment of this Court in Civil Revision No. 173 of 1993 (R) passed on 23.5.1995 by a Single Judge of this Court.3. The facts are not required to be reiterated. Only this much can be said that in the arbitration suit - the original court rejected the petition filed by the petitioner against which civil revision application was preferred as mentioned above, but that civil revision application was rejected by this Court without giving any reasons. Then the matter was referred to the Supreme Court in Special Leave Petition and the case was sent back to this Court again with a direction for disposal of the civil revisio...
Tag this Judgment!Rash Bihari Singh Vs. Raj Mangal Singh and ors.
Court: Patna
Decided on: Jul-25-1995
S.K. Chattopadhyaya, J.1. This application under Section 482 of the Code of Criminal Procedure has been filed for quashing the order dated 7.2.88 passed in Criminal Revision No. 28/88.2. It appears that the Executive Magistrate by his order dated 28.1.88 declared the possession of the petitioner over the disputed land; The opposite parties moved in revision and the First Additional Sessions Judge, Dhanbad, by the impugned order, set aside the order of the Executive Magistrate declaring the possession of opposite party Nos. 1, 2 and 3 over the disputed land.3. A preliminary objection has been raised by Mr. M.P. Sinha, learned Counsel appearing on behalf of the opposite parties about the maintainability of this application. Firstly, he submits that the impugned order being revisable under the Code of Criminal Procedure, the petitioner ought not to have filed this quashing application. Secondly, it is contended that against the same order the petitioner earlier moved this Court under Se...
Tag this Judgment!Nil Madhab Das and ors. Vs. State of Bihar and ors.
Court: Patna
Decided on: Jul-21-1995
1. These applications for initiating proceedings under the provisions of the Contempt of Courts Act essentially raises the question as to whether the opposite parties have violated any of the directions issued by this Court in CWJC No. 227 of 1988. It is, therefore, necessary to trace the history leading to the filing of the aforesaid writ application and the order passed thereon. 2. There existed about 2000 vacancies in the cadre of Assistant Teachers in various elementary schools in the district of Santhal Parganas. Pursuant to the advertisement issued for filling up those posts, candidates both trained and untrained matriculates made their applications and they were called for interview. A panel was drawn up which was approved by the Establishment Committee. The persons from the panel were appointed in batches. Subsequently an advertisement was issued in the local newspaper wherein it was indicated that all appointments of elementary teachers made during the tenure of Shri Hari N...
Tag this Judgment!Chhotanagpur Delhi Body Builders (Pvt.) Ltd. Vs. Union Bank of India a ...
Court: Patna
Decided on: Jul-19-1995
S.K. Chattopadhyaya, J.1. The petitioner through its Managing Director has moved this Court for issuance of an appropriate writ, order and direction to the respondents to order for rehabilitation of the petitioner a private Ltd. Company.2. In order to appreciate the points involved in the present application, it may be necessary to enter into the domain of the contending claim of the respective parties put forward before this Court. Established in August, 1958, the company was registered with the Directorate of Industries, Bihar as a Small Scale Industrial Unit (S.S.I. in short). It was granted Cash Credit limit of rupees fifty thousand by its banker namely, Union bank of India (respondent No. 1) and immovable property of the company was mortgaged for such cash credit. After few months of the sanction, it is alleged that for some extraneous consideration, at the behest of the then Area General Manager of the Bank, the operation of the petitioner's account was stopped arbitrarily and w...
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