Patna Court November 1999 Judgments
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Shambhu Mandal Vs. State of Bihar and ors.
Court: Patna
Decided on: Nov-18-1999
S.J. Mukhopadhaya, J.1. The petitioner has preferred this writ petition for consideration of his case for appointment to the post of Bihar Administrative Service (B.A.S.) or Bihar Education Service (B.E.S.) and to appoint him w.e.f. 30th May, 1996 i.e. the date from which he had been appointed to the post of Probation Officer in the Home (Prison) Department.2. The brief fact of the case shows that the petitioner applied for appointment in the year 1994 in pursuance of 39th Combined Competitive Examination, for appointment to Gazetted Class II posts of different services, as also isolated posts.He was declared successful in preliminary test and also came out successful in main examination, held in 1995, as Scheduled Tribes candidate. Thereafter, interview held in May ' 95 when the petitioner opted for appointment in the service like Bihar Police Service ; Bihar Administrative Service; Bihar Education Service; Bihar Excise Service; Sub-Registrar, etc.The final result was published by B...
Pradip Kumar Vs. State of Bihar and ors.
Court: Patna
Decided on: Nov-18-1999
S.J. Mukhopadhaya, J.1. The petitioner who was in the services of the Civil Court, Munger, has challenged the order No. 34(P) dated 1st April, 1998, passed by the learned District & Sessions Judge, Munger, whereby and whereunder, his services were terminated w.e.f. 2nd April, 1998.2. As the case can be disposed of on a short point, it is not necessary to discuss all the facts, except the relevant one.3. The petitioner was appointed as a Driver on purely temporary basis in the judgeship of Munger, vide order dated 15th May, 1996, issued by the learned District & Sessions Judge, Munger. Such appointment was made subject to production of medical fitness certificate and production of all certificates, testimonials and valid driving licence for verification at the time of joining. On such production, the petitioner joined the services in the Judgeship at Munger and continued to function as Driver. 4. It appears that earlier to his appointment, the petitioner was made accused in one G.R. C...
Ranbir Choudhary and anr. Vs. State of Bihar
Court: Patna
Decided on: Nov-18-1999
D.P.S. Choudhary, J.1. This revision application has been preferred against the judgment and order dated 28th July, 1995 passed by the 1st Addl. Sessions Judge, Samastipur, in Cr. Appeal No. 118/41 of 1989/92, affirming the judgment and order dated 17th May, 1989, passed by the SDJM, Dalsingsarai, in S.R. Case No. 314/80, Tr. No. 528/89, convicting both the petitioners for the offence under Section 7 of the E.C. Act. The lower appellate Court has modified the sentence of three months awarded by the trial Court to one month R.I.2. The brief fact of the case is that on 18th Feb. 1980, an inspection was made by the Assistant Marketing Officer in the shop of M/s. Jaiswal Bhandar. At the time of inspection two boards were found in the shop, one in the name of M/s. Jaiswal Bhandar and the other in the name of Ramsevak Choudhary. But neither the stock of any commodity nor its prices were found on the boards. On this allegation, F.I.R. was lodged with the officer incharge of Madedabad P.S. (E...
Syed Imam Raza Vs. State of Bihar and ors.
Court: Patna
Decided on: Nov-18-1999
S.J. Mukhopadhaya, J.1. This review application has been preferred by the writ petitioner for review/recall of order dated 30th October 1996 passed in C.W.J.C. No. 2776 of 1988. The aforesaid writ petition was initially preferred against the decision of the Bihar Administrative Tribunal, Patna dated 25th January, 1988, passed in Service Case No. 56/ 86, whereby the Tribunal rejected the application of the petitioner. During the pendency of the writ petition, the time-bound promotion granted to the petitioner was cancelled, vide Memo No. 11 dated 4th January, 1993, which was challenged by the petitioner in the writ petition.2. The writ petition was taken up for hearing on 30th October, 1996, when no person appeared on behalf of the petitioner. For the said reason, this Court after hearing the Counsel for the Respondents, taking into consideration the fact as pleaded in the writ petition, supplementary affidavit and amendment petition, dismissed the writ petition.3. According to the pe...
Arjun Yadav and ors. Vs. State of Bihar
Court: Patna
Decided on: Nov-17-1999
R.N. Sahay, J.1. This is an appeal against the judgment and order dated 4th March, 1986 of the 7th Additional Sessions Judge, Munger in Sessions Case No. 1 of 1979 convicting the appellants under Section 304 read with Section 34 of the Indian Penal Code in respect of the charge of committing culpable homicide not amounting to murder of Rajiv Ranjan Prasad Yadav in furtherance of common intention of all of them. There are four appellants in this appeal. The first appellant Arjun Yadav has also been convicted under Section 379 of the Indian Penal Code for committing theft of wrist watch. All the appellants have been sentenced to imprisonment for life. Arjun Yadav has further been sentenced to six months under Section 379, Indian Penal Code.2. In the evening of 6th October, 1978 at about 5.00 p.m. six heads of she-buffaloes of the appellant Subuk Lal Yadav were grazing in the field of deceased Rajiv Ranjan Yadav in which Urd and Kurthi crops had been grown. The deceased was driving the ...
Sister Eulalia Furtado @ Eulalia Vs. State of Bihar and ors.
Court: Patna
Decided on: Nov-17-1999
Sudhir Kumar Katriar, J.1. This petition under Section 482 of the Code of Criminal Procedure, 1973, at the instance of the sole petitioner is directed against the order dated 22-5-93, passed by Shri Ved Prakash, Judicial Magistrate, 1st Class, Patna, in Complaint Case No. 911(C) of 1992/ T.R. No, 630 of 1993, whereby cognizance of the alleged offence has been taken under Sections 323 and 503 of the Indian Penal Code, and the petitioner herein has been summoned to stand her trial,2. According to the allegations in the petition of complaint dated 17-12-92, Lal Mohan Mistry, the complainant and opposite party No. 2 herein, is a permanent class IV employee of the Patna Women's College, Patna, and at the relevant point of time was under the orders of the Vice-Chancellor of the Patna University on deputation to the Central Library of the University. In spite of his deputation to the University Library, he was for undisclosed administrative reasons drawing his salary from the office of the ...
Pramod Kumar Jhunjhunwala Vs. State of Bihar
Court: Patna
Decided on: Nov-16-1999
D.P.S. Choudhary, J.1. The sole appellant preferred this appeal against the judgment and order dated 26th April, 1989 passed by the Special Judge, E.C. Act (Urban), Patna in Special Case No. 17 of 1987 (arising out of Malsalami P.S. Case No. 90 of 1987, convicting the appellant under Section 7 of the E.C. Act, (hereinafter referred to as 'the Act') and sentencing him to undergo imprisonment for six months.2. The brief fact of the case is that the Deputy Superintendent of Police (Food) along with other officers of the Supply Department on 19-8-1987 made inspection of the shop of the appellant. It is alleged that in spite the shop of the appellant 48 Tins of Rapseed oil was found meant for sale through the Public Distributionship System and in three opened Tins loose oil was found which was smelling like castor oil. On inquiry no cash-memo or accounts or licence for the said oil was produced on behalf of the appellant or his agent thus the appellant violated the provisions of the Unifi...
AllauddIn Seikh Vs. State of Bihar
Court: Patna
Decided on: Nov-16-1999
R.N. Sahay, J.1. Appellant Allauddin Seikh was aged 40 years at the time of his conviction. He has been convicted under Section 376 of the Indian Penal Code and sentenced to undergo R.I. for seven years. The appellant was tried by the Sessions Judge, Santhal Parganas.2. This appeal has been preferred from Jail. The appellant was not granted bail. He has served out the sentence. Legality of the conviction of the appellant has been challenged in this appeal. Mr. A. Amanullah appears as Andcus Curiae in this appeal.3. The prosecution story is that the prosecutrix Sajanoor Bibi was aged about 18 years. Late in the night of 8-9-1989, she went to the shop of the appellant to purchase Azwain. The appellant run a Grocery Shop in Village Devtala, P.S. Pakur in the district of Sahebganj. It has come in evidence that the girl was living with her parents and elder brother, still she was sent to purchase Azwain at 10,00 p.m. It has also come in evidence that the appellant was living with his fami...
Onkar Nath Yadav Vs. State of Bihar and ors.
Court: Patna
Decided on: Nov-12-1999
N. Pandey, J.1. Heard learned Counsel for the parties.2. This writ petition has been filed for a direction to the respondents to treat the period of settlement of the Sultanganj-Aghwanighat Ferry for three years i.e. from 10-11-1997 to 9-11-2000.3. From the facts on record, there is no dispute that the settlement for Sultanganj Aghwanighat Ferry for a period of three years was notified for open auction on 7-10-1996. This is also not in dispute that petitioner being the highest bidder, got the settlement on 8-1-1997 and accordingly, the Parwana was issued on 10-11-1997 and thereafter he was given possession.4. It appears since the ferry in question was notified for settlement for a period of three years, therefore, according to the respondent-authorities, such a period would commence from 22-10-1996 to 21-10-1999.5. Learned Senior Counsel for the petitioner contended that from the materials on record, it would appear that the settlement in question could only finalise after the issuan...
Ram Niwas Mahto and ors. Vs. State of Bihar
Court: Patna
Decided on: Nov-12-1999
R.N. Sahay, J.1. In Sessions Trial No. 475 of 1986 on the file of 4th Additional Sessions Judge, Arrah 12 persons were placed on trial having been charged under Sections 302, 302/149, 148 and 147 of the Indian Penal Code and Section 27, Arms Act. The occurrence which led to the trial and conviction of the appellants related to an incident which took place on 20-2-1986 at village Kurathia P.S. Brahampur in the district of Bhojpur which is situated about 18 kms. from Brahampur Police Station. In the said occurrence, two persons lost their lives namely, Janardan Singh and Jamuna Singh. All the appellants belong to village Kurathia.2. The case of the prosecution was as follows. On 20-2-1986 at about 3.30 p.m. the informant Kapildeo Singh was returning to his village along with the cousin Janardan Singh deceased. When they reached in front of the house of Ishwar Dayal Mahto (who is appellant in Cr. Appeal No. 366/ 86 and his appeal has abated on account of his death), he saw several perso...
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