Patna Court July 1998 Judgments
Md. EnamuddIn and ors. Vs. State of Bihar and ors.
Court: Patna
Decided on: Jul-21-1998
M.Y. Eqbal, J.1. In this application filed Under Section 482 of the Code of Criminal Procedure, the petitioners have prayed for quashing the order dated 23-8-1997 passed by the Judicial Magistrate, 1st Class, Danapur in Case No. 127(c)/96 taking cognizance of the offence under Sections 148 and 379 of the Indian Penal Code against the petitioners in the aforesaid case filed by the complainant-opposite party No. 2.2. The opposite party No. 2, Md. Sajid Hussain lodged a petition of complaint on 6-4-1996 before the Additional Chief Judicial Magistrate, Danapur alleging, inter alia, that the petitioners on 5-4-1996 removed paddy from the land. The prosecution case is that the opposite party No. 2 had grown Masur crop in the field in question and on the aforesaid date when he had gone to the field along with other persons for harvesting crop, he found that the accused persons were taken crop after cutting it from the land bearing plot Nos. 673, 671 and 669 of village Sharfuddinpur. It was f...
Tag this Judgment!Smt. Narmada Devi Vs. State of Bihar and ors.
Court: Patna
Decided on: Jul-21-1998
Sachchidanand Jha, J.1.The petitioner seeks quashing of the order of the Administrator, Gaya Municipal Corporation, dated 16-1-95 raising the annual valuation of the house bearing holding No. 49. within ward No. 2, situate at Law Road, in the town of Gaya, from Rs. 2200/- to Rs. 35,000/-. She also seeks quashing of the appellate order of the 2nd Additional District Judge, Gaya, dated 18-9-96 passed in Misc. Appeal No. 5/2 of I995/ 96 upholding the said order of the Administrator. Copies of the said orders have been marked Annexures 1 and 2 to the writ petition.2. Mr. Sudarshan Sharma, learned counsel for the petitioner, has assailed the order of the Additional District Judge on the ground that in view of the provisions of Section 152 read with Section 502 of the Patna Municipal Corporation Act, 1951 (in short 'the Act'), which is applicable to the Gaya Municipal Corporation as well, it is the District Judge alone who is competent to decide the appeal. He placed reliance of Sri Sudhir ...
Tag this Judgment!Jeetendra Dhiman Vs. State of Bihar and anr.
Court: Patna
Decided on: Jul-21-1998
M. Y. Eqbal, J.1. This application under Section 482 of the Code of Criminal Procedure has been filed by the petitioner for quashing the order dated 20-1-1998 in Complaint Case No. 5(C)/94, whereby and where under the learned S.D.J.M., Sheikhpura allowed the prayer of the complainant-Opposite Party No. 2 to examine the witnesses mentioned in the petition dated 9-1-1998 and further also allowed examination of complainant and her father on recall.2. The prosecution case in brief is that the marriage of the petitioner with Opposite Party No. 2 was solemnized on 27-6-1990. Soon after the complainant coming to her husband's house, her father-in-law and other family members of the petitioner including the petitioner started torturing the complainant and demanding Rs. 25,000/- and a motorcycle. The petitioner forcibly brought her to her parent's house and dispossessed her of her ornaments and clothes. The complainant-Opposite Party No. 2 then filed a complaint petition on 18-1-1994 in the Co...
Tag this Judgment!Prem Lata Devi Vs. State of Bihar and ors.
Court: Patna
Decided on: Jul-21-1998
Aftab Alam, J. 1. The petitioner seeks, on various grounds, quashing of the proceedings for acquisition of a piece of her land under the provisions of the Land Acquisition Act, 1894 (hereinafter referred to as 'the Act'). The subject of acquisition is a piece of land, 9.28 acres in area, forming part of survey plot Nos. 17 and 18 (with a total area of 13.98 acres) and situate at villages Ashikpur and Mugraura on the road connecting Jamalpur to Munger. The land was required for the construction of Block-cum-Circle Office, Jamalpur.2. The facts of the case are brief and can be stated thus. On a requisition made by the District Development Officer, Munger, vide his letter No.650, dated 29-3-1984 a land acquisition proceeding was started by the District Land Acquisition Officer. Munger. There is some confusion concerning the date of publication of the notification under Section 4 of the Act. In para 4 of the counter-affidavit, it is staled that, 'the notification under Section 4 of the L...
Tag this Judgment!Madan Mohan Sharma and ors. Vs. State of Bihar and ors.
Court: Patna
Decided on: Jul-21-1998
R.A. Sharma, J.1. A learned Single Judge has referred the following questions to Division Bench fordecision:(i) Whether Statutory Corporation, like DVC can erect High Tension Transmission Tower and lay overhead High Tension line on the land of the petitioners without payment of adequate compensation under the law and secondly;(ii) Whether by depriving the petitioners from using their lands at their own choice, the DVC is interfering with the fundamental right of the petitioners?2. The petitioners have filed this writ petition seeking appropriate writ directing the Damador Valley Corporation (hereinafter referred to as the DVC), the State of Bihar and their officials to pay them adequate compensations and damages for 20 decimals of land over which they have installed High Tension Transmission Tower as well as rent and damages for 55 decimals of land over which high tension cable shave been laid down with 18% interest.3. The Governor of Bihar, vide Notification dated 16th, September, 19...
Tag this Judgment!Krishna Prasad Sharma and ors. Vs. State of Bihar and ors.
Court: Patna
Decided on: Jul-21-1998
Sachchidanand Jha, J.1. This writ petition arising from decision of the Additional Member, Board of Revenue, in Case No. 168 of 1993 raises an interesting question of law as to whether, while determining the ceiling area of a landholder, the land of a female member of the family governed by Mitakshara School of Hindu Law, as a landholder in her own right, is to be treated as part of her husband's estate and be clubbed with his land even though she dies intestate and issueless before such determination takes place or the same is to revert to the common hotchpot of her deceased father, brothers etc.2. The proceeding giving rise to the writ petition has a chequered history. Shortly stated, Ceiling Case No. 13/8 of 1973-74/74-75 was initiated by the Collector, Aurangabad. .in respect of the joint family lands of petitioner No. 1, Krishna Prasad Sharma (K.P. Sharma, in short) for determination of the ceiling area and acquisition of surplus lands under the provisions of the Bihar Land Refor...
Tag this Judgment!Pradip Lamp Works Vs. State of Bihar and ors.
Court: Patna
Decided on: Jul-21-1998
A.K. Ganguly, J. 1. Heard learned Counsel for the parties. 2. This writ petition has been filed against the order dated February 8, 1989 which is at Annexure-1 to the writ petition, whereby, the respondent No. 1 has refused the prayer of the petitioner's company for granting exemption under Section 36 of the Payment of Bonus Act (hereinafter referred as the. said Act). Prior to passing of the said order, the petitioner's prayer for exemption was rejected previously. Thereafter, the petitioner came before this Court, and a Division Bench of this Court by the order dated July 7, 1997 quashed the previous order and directed the matter to be considered on the basis of fresh representation to be filled by the petitioner in details within a particular time. Pursuant to the said order the petitioner filed a detailed representation, on which the impugned order dated February 8, 1989 has been passed. 3. Learned Counsel appearing for the petitioner's company raised various objections against ...
Tag this Judgment!Shayam Nandan Prasad Sinha Vs. Punjab National Bank and ors.
Court: Patna
Decided on: Jul-20-1998
Aftab Alam, J.1. The petitioner seeks to challenge his dismissal from the service of the Punjab National Bank (hereinafter to be referred as 'the Bank') following a disciplinary proceeding on certain charges.2. At the material time the petitioner was an officer in the Middle Management Grade II and was posted as Branch Manager at the Grugru Branch of the Bank falling under its Gaya region. He was put: under suspension on certain charges and later a charge-sheet dated 31-1-1983 (Annexure 4) containing the articles of charges were served upon him. Omitting the material details the charges against the petitioner were as follows:(i) He made advance in connivance with the middle men and suppliers.(ii) He made irregular advances against bank's interest.(iii) He misutilised his official position and, thus, mis-conducted in terms of Regulation 3(1) of PNB Officer Employees' (Conduct) Regulations, 1977.(iv) He ignored to observe pre/post sanction norms as prescribed by the bank thus jeopardizi...
Tag this Judgment!Prahlad Pandey and ors. Vs. State of Bihar and ors.
Court: Patna
Decided on: Jul-17-1998
B.M. Lal, C.J. 1. By this writ petition under Article 226 of the Constitution of India, the petitioners who have not been able to get adjudication over the right of the occupation in respect of the disputed shops in Title Suit No. 179 of 1992 filed before the learned 2nd Munsif, Bhagalpur, for declaration and injunction and the same has been withdrawn on 16-1 -98 by themselves, have now switched on to avail of the discretionary remedy under Article 226 of the Constitution and in this way playing second inning.2. On the same set of facts this Court in L.P.A. No. 1301 of 1996 (Sachidanand Roy and Ors. v. The State of Bihar and others) and other analogous appeals arising out of the order passed in C.W.J.C. No. 9436 of 1996 (Abhay Kumar Pandey and others v. The Slate of Bihar and others) and other analogous writ petitions, decided on 12-8-1997 allowing the L.P.A.'s and dismissing the writ petitions, held that since Title Suit No. 179 of 1992 is pending before the Munsifs Court at Bhagalp...
Tag this Judgment!Raghu Gope Alias Raghu Mahto and ors. Vs. State of Bihar
Court: Patna
Decided on: Jul-17-1998
A.K. Prasad, J.1. This Criminal Appeal at the behest of the appellants is directed against the judgment and order dated 27th August, 1983, in S.T. No. 156 of 1979 passed by Sri Chandranan Singh, the then 1st Additional Sessions Judge, Giridih, whereby and whereunder he convicted the appellants under Section 302 read with Section 34 of the I.P.C.for committing murder of Dhananjay Singh, and sentenced them to imprisonment for life thereunder.2. The substance of the prosecution case, as laid at the trial, is as under: There was a dispute and series of cases between Baijnath Pandey (P.W. 7) and accused persons over Plot No. 2762/5509, under Khata No. 510, situated at Mouza Hossir, within Gomia P.S., District-Giridih. Ultimately, Baijnath Pandey succeeded in the litigation and his name was mutated despite the objections made by the accused persons with respect to the disputed land. But the accused persons caused hinderance in the cultivation of the land by him. They used to cut the crop ra...
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