Patna Court December 1999 Judgments
Kartik Prasad Vs. State of Bihar and ors.
Court: Patna
Decided on: Dec-23-1999
Radha Mohan Prasad, J.1. In this writ petition, petitioner has prayed for quashing of the entire departmental proceeding started vide letter No. 1227 dated 17-11-1998 (Annexure-3) after his superannuation from service tin 31-7-1998, for the alleged misappropriation of Government money, and has, further sought for direction to the Respondents to pay his post-retiral dues which have been kept withheld.2. On 17-12-1999, learned Government Pleader No. 1 produced two Bank drafts--One for Rs. 51.488/- and the other for Rs. 75,712/- being the amount of provisional pension and provisional gratuity and also letter No. 716 dated 15-12-1999 forwarding the pension papers of the petitioner to the Accountant-General, Bihar, Patna for fixation of final pension, gratuity, unutilised leave, Group Insurance, etc. The Bank drafts and the copy of the forwarding letter were handed over to the learned Counsel for the petitioner and the Accountant-General vide order dated 17-12-1999 was directed to issue n...
Tag this Judgment!Md. Kari @ Md. Shahid and anr. Vs. State of Bihar
Court: Patna
Decided on: Dec-22-1999
M.L. Visa, J.1. This appeal is directed against the judgment dated 28.2.92 and order dated 29.2.92 passed by the 1st Addl. Sessions Judge, Begusarai in Sessions Case No. 322/90/12/90 convicting and sentencing the appellant Md. Kari @ Md. Shakid to undergo life imprisonment under Section 302, I.P.C. and the appellant. Md. Asim to undergo life imprisonment under Sections 302/34, I.P.C.2. Briefly stated the case of prosecution is that on 7.3.90 in the night informant Ram Pratap Choudhary (P.W. 9) along with his deceased nephew Raj Kumar Choudhary was watching an orchard of palm trees. At about 10.00 p.m. two persons entered the orchard and one of them climbed on a palm tree for collecting toddy. The other remained beneath the tree near its root. The informant asked his nephew Raj Kumar Choudhary to go and see who they were. Raj Kumar Choudhary then went near the person who was standing near the tree and some altercations took place between Raj Kumar Choudhary and that man. In the meantim...
Tag this Judgment!Gopal Prasad Singh Vs. State of Bihar and ors.
Court: Patna
Decided on: Dec-22-1999
M.Y. Eqbal, J.1. In this writ application, the petitioner has prayed for quashing of the part of the order dated 1st June, 1996 as contained in Annexure 5 to the writ application, issued by the respondent No. 3, Director, Animal Husbandry Department, Government of Bihar by which respondent No. 5, District Animal Husbandry Officer, Giridih has been directed to terminate the services of the petitioner after issuing show-cause notice and the order dated 7.9.96 as contained in Annexure 9 by which the respondent No. 4, Regional Director, Animal Husbandry Department, Hazaribagh has issued a letter or terminating the services of the petitioner and further for quashing the letter dated 24.7.96 by which the respondent No. 4 has directed the respondent No. 5 not to pay salary to the petitioner.2. The petitioner's case is that he was appointed as Statistician by the respondent No. 4, Regional Director, Animal Husbandry Department, Hazaribagh, who is the competent authority to appoint persons on ...
Tag this Judgment!Suren Yadav @ Surendra Yadav and ors. Vs. State of Bihar
Court: Patna
Decided on: Dec-21-1999
1. The appellants have preferred this appeal against the judgment and order of conviction and sentence dated 26.3.1987 passed by IX, Addl. Sessions Judge, Munger in S.T. No. 437/85 whereby appellant Suren Yadav has been convicted for the offence under Section 302, I.P.C. and has been sentenced to undergo imprisonment for life. Appellant Awadhesh Yadav has been convicted for the offence under Section 307, I.P.C. and has been sentenced to undergo rigorous imprisonment for ten years. He has further been convicted for the offence under Section 323, I.P.C. and has been sentenced to undergo rigorous imprisonment for six months. Both the sentences have been ordered to run concurrently. Appellant Ram Ratan Yadav has been convicted for the offence under Section 324, I.P.C. and has been sentenced to undergo rigorous imprisonment for two years.2. The case of the prosecution as has been stated in the fardbeyan is that one Khaltu Yadav gave his fardbeyan on 12.7.1984 at about 5.45 p.m. in the hosp...
Tag this Judgment!Chandra Bhushan Sinha Vs. State of Bihar and ors.
Court: Patna
Decided on: Dec-21-1999
Radha Mohan Prasad, J.1. Prayer in the writ petition is to quash the notification dated 4-8-1999 issued by the Commissioner and Secretary, Commercial Taxes, Bihar, Patna (Respondent No. 2), contained in Annexure-10, by which the petitioner has been placed under suspension on the ground of his not protecting three books of Form 28-B and the irresponsible conduct shown in discharge of his duty. The said order is purported to have been passed in exercise of the power under Rule 49-A of the Civil Services (Classification, Control and Appeal) Rules.2. In short, the relevant facts are that on 28-11-1990, an explanation was called for from the petitioner vide Annexure-1 with respect to shortage of three books of Form 28-B as found on physical verification. Petitioner submitted his explanation vide Annexure-2 denying the said charge and also seeking permission to lodge F.I.R with respect to it. Petitioner lodged Sanha on 30th November, 1990 with the Officer-in-Charge, Jharia Police Station, ...
Tag this Judgment!Smt. Rani Sinha Alias Munni Vs. Shri Ram Ratan Prasad Verma
Court: Patna
Decided on: Dec-21-1999
Indu Prabha Singh, J.1. This is an application under Sections 397 and 401 of the Code of Criminal Procedure, 1973 (in short 'the Code'). It is directed against the order dated 9.1.1997 passed in Case No. 26(M) of 1993/Tr. No. 214/97 by Shri Brajendra Kumar Tiwary, Judicial Magistrate, 1st Class, Biharsharif by which the learned Magistrate had rejected the petition under Section 125 of the Code filed by the petitioner for her maintenance as also for the maintenance of her minor daughter.2. It appears that the present petitioner filed a petition under Section 125 of the Code for her maintenance as also for the maintenance of her minor daughter. She had contended that she was married to the opposite party on 25.2.1988 in accordance with Hindu rituals and after some time the second marriage (Duragaman) Was also performed. She started living with her husband (opposite party) and on 6.6.1990 a daughter was born to them. At the time of her marriage, ornaments worth Rs. 15,000/- as also vario...
Tag this Judgment!Chuni @ Chunu Hembram Vs. State of Bihar
Court: Patna
Decided on: Dec-21-1999
D.P.S. Choudhary, J.1. This criminal appeal has been preferred by appellant Chuni @ Chunu Hembram who stands charged under Section 376 of the I.P.C. for committing rape on Panbati Soren. The 3rd Addl. Sessions Judge, Dumka (S.P.) by judgment dated 15th December, 1993 passed in Sessions Case No, 593/92 convicted the appellant under Section 376, I.P.C arid sentenced him to undergo R.I. for seven years.2. The prosecution story in brief is that on 23.6.92 the victim Panbati Soren had gone to Bahiyar for grazing herds of cattle. At about 5 p.m. the accused Chuni Hembram came there and caught hold of her and forcibly made her naked and after pushing her down on the ground forcibly committed rape on her. No other person was present near the place of occurrence except a girl namely Marsila Hansda aged about 10 years, who had seen the occurrence; The accused also threatened the victim of dire consequences, if she disclosed the occurrence to anybody. The victim return back to her house and narr...
Tag this Judgment!Usman Ali Vs. State of Bihar
Court: Patna
Decided on: Dec-17-1999
D.P.S. Choudhary, J.1. This appeal has been preferred against the judgment and order dated 10th day of September, 1993 passed by the Additional Sessions Judge, Kishanganj in Sessions Trial No. 474 of 1990, convicting the accused-appellant Usman Ali under Section 395 of the Indian Penal Code (hereinafter referred to as the 'I.P.C.') and sentenced him to undergo R.I. for 10 years.2. The prosecution case according to the fardbeyqn (Ext. 2) recorded on the statement of the informant Khabiruddin is as follows;3. Village Mohania is situated at the border of West Bengal and at a short distance there is border of Bangladesh. There used to be regular dacoity in the village by the criminals crossing the village. So the villagers had formed a guard squat in the village. On the night of 1/2-12-1989 the informant Khabiruddin (P.W. 6) along with Ali Hussain (P.W. 2), Salahuddin (P.W. 1), Kasimuddin (P.W. 8), Hafizur Rahman and Kamruzzaman (P.W. 4) and other villagers were guarding the village. At a...
Tag this Judgment!The Chief Manager, Allahabad Bank and anr. Vs. Smt. Swarnlata Narayan
Court: Patna
Decided on: Dec-17-1999
Aftab Alam, J.1. The short question that arises for consideration in this Letters Patent appeal is whether or not the expression 'employees who retired' used in sub Clause 7 of Clause 3 (the applicability Clause) of the Allahabad Bank (Employees) Pension Regulations, 1995 also includes such employees who took voluntary retirement prior to the first day of November, 1993. The answer to the question, as it would be seen later in this judgment, hinges on the meaning assigned to the word retired'in the Pension Regulations, 1995.2. A learned Judge of this Court, sitting singly, answered the question in the affirmative and accordingly allowed the Writ petition filed by the sole respondent, set aside the decision of the Bank, the appellant holding that she was not entitled to pensionary benefits and directed the Bank to extend to her the benefits of the scheme under the Pension Regulations, 1995.3. The facts of the case are brief and without any controversy. The husband of the Writ petitione...
Tag this Judgment!Ataur Rahman @ Mohd. Suli Vs. Somari OraIn and ors.
Court: Patna
Decided on: Dec-17-1999
M.Y. Eqbal, J.1. This appeal under Clause 10 of the Letters Patent is directed against the judgment dated 28.6.91 passed by a learned Single Judge in F.A. No. 553/73(R), whereby the learned Judge has allowed the appeal in part and dismissed the suit in question of Schedule B property.2. The plaintiff-appellant instituted Title Suit No. 50/67 for declaration of his title in respect of the lands described in Schedules A and B of the plaint and also for a decree for confirmation of possession and in the alternative for recovery of possession of the said properties.3. The plaintiffs case in brief is that one Peer Mohammad, the deceased father of the plaintiff and Dil Mohammad were the full brothers and they were the raiyats in respect of the land of Khata No. 121 of village Argora fully described in Schedule A of the plaint and their names were recorded in the survey records of right. The plaintiffs further case is that his uncle Dil Mohammad was recorded in respect of Sikmi Khata No. 11 ...
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