Patna Court March 1997 Judgments
Basant Kumar Chaudhary Vs. State of Bihar and ors.
Court: Patna
Decided on: Mar-19-1997
D.P. Wadhwa, C.J. and S.J. Mukhopadhya, J.1. This writ application as a public interest litigation has been filed by an Advocate of this Court seeking writ/order/direction to the respondents to provide proper accommodation in police lock-ups in hundreds of police stations in the State of Bihar. He also seeks writ/order/direction for providing proper diet money for the prisoners in custody of the police.2. This petition was filed in January last year. At that time we were told that Re. 1/- per diet had been sanctioned for an accused in police lock-up and that two diets were provided in a day. Re. 1/- per diet these days is just a pittance and during the pendency of this writ application a statement was made that rate per diet has been increased to Rs. 6/- and that necessary funds were kept at the disposal of the Superintendent of Police in each district of the purpose. Nothing further need be said on this aspect of the matter.3. As regards provisions of lock-ups in Police Stations, the...
Tag this Judgment!Manikant Pathak and ors. Vs. State of Bihar and ors.
Court: Patna
Decided on: Mar-19-1997
S.N. Jha, J.1. A significant question of law arises for decision in these two writ petitions-whether the State Government is liable to pay the salary and allowances of a Government company.2. In C.W.J.C. No. 1718 of 1994 the petitioners are the employees of the Bihar Finished Leathers Limited, a subsidiary company of the Bihar Leather Industries Development Corporation Ltd. In C.W.J.C. No. 5015 of 1986 the petitioners are the employees of the Bihar State Agro industries Development Corporation Ltd. They, in substance, seek direction to the concerned Corporation for payment of salary etc. and further direction to the State Government to make sufficient fund available to them (Corporations) to facilitate payment. Since the writ petitions involved pure question of law, it is not necessary to set out the factual details of the cases.3. The respondents do not deny that the petitioners or, indeed, other employees of the two Corporations are entitled to payment of salary etc. While the Corpo...
Tag this Judgment!Radhey Shyam Prasad Vs. Kripa Tiwari and ors.
Court: Patna
Decided on: Mar-19-1997
Prasun Kumar Deb, J.1. This appeal has been preferred against the judgment and award dated 5.8.1996 passed by the then District Judge-cum-Motor Accident Claims Tribunal, Dhanbad, in Title Suit No. 8 of 1982 awarding compensation of Rs. 96, 000/- in favour of the claimants-respondents including the interest at the rate of six per cent per annum. The award has been made against the owner of the vehicle with stipulation that the liability of the Insurance Company i.e. the New India Assurance Company Limited shall be to the extent of the liability covered under the Insurance Policy.2. The deceased Sita Ram Tiwary was a passenger of the Trekker bearing registration No. BHU 9282 on 6.10.1981 and when he was proceeding to Chas at about 10.30 A.N., the said Trekker reached near Aerodrome, another Trekker bearing registration No. BHW 1404 came in at high Speed from the opposite direction and dashed Trekker No. BHU 9282 causing serious injury to the deceased. Trekker No. 1404 belonged to the ap...
Tag this Judgment!Executive Engineer Phed (Mechanical) Dhanbad Division Vs. Kameshwer Si ...
Court: Patna
Decided on: Mar-18-1997
Prasun Kumar Deb, J.1. This appeal has been preferred against the judgment and award passed in Title (M.V.) suit No. 4/91 of 1989 by the then Vth Additional District Judge-cum-Motor Vehicles Accident Claim Tribunal, Dhanbad.2. The claim was made to the tune of Rs. 1,50,000/-.by the respondents due to the accidental death of their daughter in a traffic accident occurred on 2.6.89 at about 9 p.m. Anita Kumar, the daughter of the applicants-respondents came out from the house to catch a rickshaw near Court More, Hirapur, Dhanbad, then the offending Jeep No, B.R.X. 2731 belonging to the appellant came in rash and negligent way and dashed the girl as a result of which she sustained severe injuries and succumbed to such injuries.3. An information was lodged, but it appears that there was some confusion regarding the date as mentioned in the F.I.R... Learned court below has held that the said date in the F.I.R. was mentioned mistakenly. At the time of the accident, the girl was reading in Cl...
Tag this Judgment!Project Development India Ltd. Vs. Union of India (Uoi) and ors.
Court: Patna
Decided on: Mar-18-1997
S.K. Chattopadhyaya, J. 1. This application is directed against the judgment dated 11.8.1994 and the order dated 12.8.1994 passed by respondent No. 2 directing the petitioner/management to pay the amount of gratuity along with interest at the rate of 10%.2. Inspite of several notices both under ordinary process and registered post, the respondent No. 3 did not respond and, as such, by order dated 29.6.1995 notice on him was deemed to have been served.3. It is not in dispute that the petitioner company is a sister concern of the Fertilizer Corporation of India and the quarters belong, to FCI which are given to the employees of the petitioner company. The rent for such quarters are being deducted by the petitioner company from its employee and sent to the FCI. But as the respondent No. 3 has retired and occupying the quarter without payment of rent. The petitioner-company has to pay the rent to the FCI.4. It appears that the respondent No. 3 submitted an application on 27.9.1993 under ...
Tag this Judgment!Ahmad Mian and anr. Vs. State of Bihar
Court: Patna
Decided on: Mar-17-1997
L.N. Prasad, J.1. This revision application is directed against the judgment of conviction passed in Sessions Trial No. 130 of 1984 in which the 2nd Assistant Sessions Judge found the petitioner Ahmad Mian guilty under Section 366/366A and also under Section 376 of the Indian Penal Code and sentenced him to undergo R.I. for six years each. He further ordered that all the sentences shall run concurrently. Similarly the other petitioner, Abdul Mian who is father of Ahmad Mian was simply found guilty under Section 366A of the Indian Penal Code and he was sentenced to undergo R.I. for six years and also he was sentenced to pay a fine of Rs. 100 and in default to R.I. for one year.2. Against this order of conviction by the Court below, both the petitioners preferred Cr. Appeal No. 112 of 1988 and the 3rd Additional Sessions Judge Palamau at Daltonganj in Criminal Appeal No. 112 of 1988 dated 29-3-1990 also dismissed the appeal the order of conviction and sentence as awarded against the pet...
Tag this Judgment!Bisundeo Yadav and ors. Vs. State of Bihar
Court: Patna
Decided on: Mar-17-1997
O.N. Asthana, J.1. These two Criminal Appeals have been filed against the judgment and order of 2nd Additional Sessions Judge. Bhagalpur dated 12th May, 1988 in sessions trial No. 356 of 1979 wherein the trial judge held the accused appellant Bishundeo Yodav guilty for the commission of offence punishable under Section 307 and held the accused-appellants Jagdish Yadav and Chunchun Yadav guilty for the commission of the offence punishable under Section 307 read with Section 109 L P.C., and awarded the accused-appellant Bishundeo Yadav a sentence of six years' rigorous imprisonment, and awarded the accused-appellants Jagdish yadav and Chunchun Yadav each a sentence of four years' rigorous imprisonment.2. According to the prosecution case Bodh Narain alias Pramod son of Bhola Prasad-injured P.W. 4 and Usha Devi, daughter of the accused Jagdish Yadav were in love with each other, and Jagdish Yadav instituted a case of kidnapping of her daughter against Samful Prasad-injured P.W. 3 and oth...
Tag this Judgment!Bihar State Road Transport Corporation Ltd. and anr. Vs. Chintamani Sh ...
Court: Patna
Decided on: Mar-14-1997
Prasun Kumar Deb, J.1. This appeal has been preferred against the judgment and award dated 22.1.1987 passed in Compensation Case No. 58 of 1982 by then Motor Accident Claims Tribunal-cum-District Judge, Chaibasa.2. The claimants-respondents No. 1 to 4 are the legal heirs of deceased Hridaya Sharma who was the Junior Engineer, Rural Electrification (R.E.O.) under the Bihar State Electricity Board posted at Rajnagar in the district of Singhbhum. His father and mother were alive at the time of filing of compensation case any they have also joined as claimants in the case. According to the claim case, the deceased Hirdaya Sharma on 21.1.1982 at about 9 A.M. was coming from Rajnagar to Chaibasa, on Motor Cycle bearing registration No. BRS 4125, sitting on its pillion, driven by one Nand Kishore Gupta, when the Motor Cycle was approaching a narrow bridge over a Nala at a distance about 8 K.M. Chaibasa, the offending bus bearing registration No. BRX 7741 of the Bihar State Road Transport Cor...
Tag this Judgment!Situ Yadav and ors. Vs. State of Bihar
Court: Patna
Decided on: Mar-14-1997
N.N. Singh, J.1. These three criminal appeals, arising out of Single Judgment, are directed against the judgment of conviction and sentence passed on 12.5.1995 in T.S. Nos. 661/92 and 352/94, heard and disposed of together by the Vth Additional Judicial Commissioner, Ranchi, by which the appellants of Criminal Appeal No. 45/95 (R) were convicted under Section 342/149 of the Indian Penal Code and were sentenced to undergo RI for two years and appellants of Criminal Appeal Nos. 51/95 (R) and 61/95 (R) were connected under Section 302/149 of the Indian Penal Code and were sentenced to undergo RI for life.2. The prosecution case in short, as contained in the fard-beyan (Ext. 1) of Kalawati Devi (PW 4), widow of deceased Ramji Yadav is that on 19.4.1982, at about 6 a.m. Ramji Yadav with agricultural implements left for preparing land of his field at Chamargarhi Don and his two sons accompanied him with cattle for grazing. At about 7 a.m. Sewanti Kumari, daughter of the informant informed h...
Tag this Judgment!State of Bihar Vs. Shital Bhagat and ors.
Court: Patna
Decided on: Mar-14-1997
M.Y. Eqbal, J.1. This appeal is directed against the judgment and award dated 27.5.1991 and 4.6.1991 respectively passed by the Land Acquisition Judge, Chaibasa in the Land Acquisition Reference Case No. 77 (70) of 85 allowing the aforesaid land acquisition reference case and enhancing the compensation payable to the claimant-respondent.2. It appears that the State of Bihar acquired land of village Badia, P.S. Ghatshila, P.S. No. 167 in the district of Singhbhum. It appears that the land of the said village was acquired pursuant to the notification issued in 1985 under Section 4 of the Land Acquisition Act. Besides other land, petitioner's land measuring an area of 1.47 acre of different plots was acquired and the Collector prepared an award and the compensation assessed in respect of the land of the claimant was Rs. 20,615/-. Aggrieved by the said award, the claimant-respondent filed an application under Section 18 of the Land Acquisition Act before the Land Acquisition Officer, Adit...
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