Patna Court September 1998 Judgments

Narmadeshwar Pradhan Vs. State of Bihar

Court: Patna

N.K. Sinha, J.1. Till that black morning of 26th September, 1985 Sudama Pradhan was a happy man. He was the head of a joint family consisting of himself and his three sons. They were living together in a double storeyed joint family house in village Parasaganda, police station Sikraul in the district of Bhojpur. On that fateful morning at about 8' O clock his eldest son Narmdeshwar Pradhan (appellant) shot dead his youngest brother Suresh Pradhan on the first floor of the house. The appellant was put on trial on a charge under Section 302 of the Indian Penal Code. He was found guilty and convicted and sentenced to undergo imprisonment for life by the learned Addl. Sessions Judge by his judgment and order dated 31st March 1992. Hence the appeal to set aside the conviction and sentence.2. The morning tragedy struck his family. The informant Sudama Pradhan (P.W1) was sitting in the house of his Gotia Nand Kumar Pradhan (P.W.3) situated only at a short distance from his house. It was abou...

Rabindra Nath Thakur Vs. Union of India (Uoi) and ors.

Court: Patna

A.K. Ganguly, J.1. This writ petition has been filed for quashing the order dated 17.1.1989 passed by the Deputy General Manager, Canara Bank, Circle Office, Calcutta (respondent No. 3) imposing upon the petitioner the punishment of reduction to a lower scale in time scale by three stages. Against the said order the petitioner filed an appeal and the said appeal was also dismissed by the appellate authority. Both the original and the appellate orders have been challenged by the petitioner in this writ petition.2. The enquiry against the petitioner was held in respect of the following charges:You are working as Manager, Scale I at our Bagoura Branch since 3.10.1986.You were previously working at our Divisional Office, Patna as an Accountant.While so working at Divisional Office, Patna you were deputed to our Manganpur Branch to officiate as Manager during the period commencing from 16.2.1985 to 10.12.1985. During the period of deputation, you were permitted to stay at and operated from...

Workmen, Rep. by Rashtriya Colliery Mazdoor Sangh Vs. Employer in Rela ...

Court: Patna

R.A. Sharma, J.1. The termination of service of Sri Diplal Singh (hereinafter referred to as the workman), workman of Bararee Coke Company Limited, led to the following reference under Section 10 of the Industrial Disputes Act (hereinafter referred to as the Act) made by the Central Government to the Central Government Industrial Tribunal No. II Dhanbad, (hereinafter referred to as the Tribunal)-'Whether the action of the management of Bararee Coke Plant of Messrs. Bharat Coking Coal Limited, Post Office Kusunda, District Dhanbad in terminating the services of Sri Diplal Singh, Watchman with effect from October 19, 1971 vide Management's notice dated October 12, 1971 is justified? If not, to what relief is the workman concerned entitled? 2. The Tribunal gave its award dated January 12, 1983 answering the reference in favour of the workman holding that the termination of his service is illegal and accordingly directed his reinstatement with back wages with effect from May 1, 1972, the...

Lawyers' Association, Patna High Court, Ranchi Vs. State of Bihar

Court: Patna

1. The petitioner filed this writ petition seeking appropriate writ directing the respondent to take immediate steps to protect lives of the people who visit the Dasham Fall situated in Bundu area in Ranchi district. It is stated that due to lack of preventive measures the people who visit the said Fall to see its beauty slip into the Fall losing their lives. 2. At the time when the writ petition was taken up, we granted time to the learned Government Advocate to seek instruction from the respondent. When the case was listed again, the Advocates' Association, Patna High Court, Ranchi Bench, raised objection against the, maintainability of this writ petition at the instance of the petitioner. The matter was, therefore, adjourned and on the next date, an application to intervene was moved by the Advocates' Association opposing the writ petition at the instance of the petitioner saying that there is nothing like the Lawyers' Association at Ranchi Bench of this Court and it is a fictiti...

Sachchidanand Singh and ors. Vs. Nathuni Yadav and ors.

Court: Patna

M.Y. Eqbal, J.1. This Civil Revision application. is directed against the order dated 30.5.1998 passed by the Subordinate Judge IV, Darbhanga, in Title Suit No. 68 of 1990 rejecting the petition of the plaintiff-petitioners purported to have been filed under Order XII, Rule 6 of the Code of Civil Procedure and refused to pronounce judgment.2. The plaintiffs-petitioners instituted the aforesaid suit seeking relief for declaration that the two sale deeds dated 18.11.1989 executed by Upendra Nath Shukla being attorney of Gangotri Dubey in favour of the defendants are null and void, illegal, without consideration, ineffective sham and collusive and not binding on the plaintiffs. The plaintiffs claimed the suit property measuring 5 Bighas, 7 Kathas and 17 dhurs situated in village Ramashalla, P.S. Darbhanga, District Darbhanga, on the basis of settlement by the Ex-landlord in the year 1917 Fasli and also on the basis of the sale-deeds executed on different dates in the year 1922 and 1930 a...

Parikh Engineering and Body Building Co. Ltd. and anr. Vs. Union of In ...

Court: Patna

S.N. Jha, J. 1. These writ petitions involving common questions of law and between the same parties have been heard together. 2. The dispute arises from the rectification of the so-called apparent mistake in the order passed under Section 143(3) in CWJC No. 493 of 1994(R), and intimation under Section 143(1)(a) in CWJC No. 762 of 1992(R) and CWJC No 886 of 1992(R), made in purported exercise of power under Section 154 of the Act in the matter of allowance of depreciation on account of bottles and crates. The difference between CWJC Nos. 762 of 1992(R) and 886 of 1992(R) on the one hand and CWJC No. 493 of 1994(R) on the other hand lies in the fact that for the assessment years 1989-90 and 1990-91, governed by amended Section 143(1)(a) there is a provision for sending 'intimation' in token of acceptance of the return after making adjustments as mentioned without any summary assessment, for the assessment year 1988-89 governed by the earlier provisions, there was a provision for summa...

L. Angad Kumar and anr. Vs. Bihar State Road Transport Corporation and ...

Court: Patna

M.Y. Eqbal, J.1. Petitioners of these two contempt petitions have moved this Court for initiation of a contempt proceedings against the opposite parties for the alleged disobedience of the order dated 21-10-1992 passed by C.W.J.C. No. 5367 of 1992 and the order dated 21-10-1992 passed in C.W.J.C. No. 4920 of 1992.2. It appears that the petitioners had filed the Writ applications seeking issuance of appropriate writ commanding upon the respondents-opposite parties to relax their services by way of absorption on the post of conductors or traffic clerk or any other equivalent post in the Bihar State Road Transport Corporation {for short 'the Corporation') taking into account that they have been working as casual employees in the Corporation for the last so many years. C.W.J.C. No. 5367 of 1992 was disposed of in terms of the order passed in a similar writ application bearing C.W.J.C. No. 4020 of 1992. In both the writ applications the contentions of the learned counsel appearing on behal...

ishwari Nandan Singh and anr. Vs. Kameshwari Nandan Singh and anr.

Court: Patna

M.Y. Eqbal, J.1. This Civil revision application is directed against the order dated 10.6.1998 passed by the Subordinate Judge I, Patna, in Title (partition) Suit No. 117 of 1995, whereby he has rejected the amendment petition filed by Defendant Nos. 2 and 3 for amendment of the written statement.2. Brief facts relevant for the purpose of the case are that the plaintiff-Opp-party No. 1 filed the aforesaid Title (partition) suit claiming a decree of partition in respect of the suit properties consisting of a house and buildings situated in the town of Patna and also in the District of Sheohar. In the plaint it was alleged that earlier Title (partition) suit No. 145 of 1971 was filed by Kameshwari Nandan Singh, the plaintiff. The said suit was compromised and a compromise decree was passed, However, the compromise decree was not acted upon, inasmuch as the parties did not partition the property as per terms of the compromise decree. The defendants-petitioners appeared in the suit and fi...

Om Prakash Agarwal Vs. S. Kullu, Addl. Deputy Commissioner, Singhbhum ...

Court: Patna

S.K. Chattopadhyaya, J.1. The petitioner, invoking the writ jurisdiction of this Court, has prayed for quashing the entire criminal proceeding as well as the orders dated 11.9.1997 and 23.9.1997 issuing warrant of arrest and processes against him.2. Some factual backgrounds are necessary to be portrayed before appreciating the arguments of the counsel for the parties : The Additional Deputy Commissioner, East Singhbhum, Chaibasa, respondent No. 1 submitted a written report to the Officer Incharge, Sadar police station drawing his attention to the fact that there was rumour in the air about spurious drugs being stored in the stores of the Civil Surgeon, Sadar Hospital. He requested the Civil Surgeon of the hospital to get the drugs lying in his store tested by the Government analyst. It so happened that on 16.4.1993, as the Drug Inspector of Chaibasa was not available in the headquarters, the Civil Surgeon wrote a letter to Sri Surjit Kumar Mukhopadhyaya. Drug Inspector of Jamshedpur t...

Rajesh Agrawal Vs. State of Bihar and anr

Court: Patna

Reported in: 1999CriLJ1729

1. This is an application under Section 482 of the Code of Criminal Procedure, 1973 (in short the 'Code'). It is directed against the entire proceeding of Complaint Case No. C-II (1) of 1992 instituted under Section 7 of the Essential Commodities Act (in short 'the Act') pending in the Court of Special Judge, E.C. Act, Katihar.2. The prosecution case, in short, is that the petitioner's father carried on business in petroleum products under the name and style of M/s. Bharat Auto Service at Katihar and holds a licence bearing Licence No. 2 of 1967, renewed up-to-date, under the provisions of the law. The petitioner has got no concern with the business of his father and it is wrong to say that he is the salesman of this petrol pump. On 22-1-1992 at about 2 p.m. the District Supply Officer raided the business premises of the father of the petitioner and seized certain books of account of the petrol pump and prepared its seizure list (Annexure 1). Thereafter on 28-1-1992 he sent the complai...