Patna Court December 1999 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
Prakash Mishra Vs. State of Bihar
Court: Patna
Decided on: Dec-15-1999
D.P.S. Choudhary, J.1. This jail appeal has been preferred against the judgment and order dated 17th of April, 1995 passed by the 2nd Additional Sessions Judge, Saharsa in Sessions Trial Case, No. 41 of 1989/ 23 of 1989 convicting the appellants under Section 395 of the Indian Penal Code (hereinafter referred to as 'I.P.C.') and sentenced him to undergo R.I. for 10 years.2. The accused was charged under Section 395, I.P.C. conjointly with nine other unknown accused-persons for committing road dacoity. As per the prosecution case, the alleged offence took place on 30-12-1986 on the road north of village Bangaon, P.S. Bangaon, District Saharsa, The informant Dr. Arjun Prasad Singh (P.W. 6) who was Honorary Secretary of the Central Co-operative Bank went to Supaul from Madhepura by the Bank's Jeep and after inspecting the work of Supaul Branch of Bank proceeded at about 4,00 p.m. for village Sukhpur. The Jeep was being driven by Upendra Yadav (P.W. 4) and he was accompanied with Gajendr...
Ram Ashray Prasad Sinha Vs. Union of India (Uoi) and ors.
Court: Patna
Decided on: Dec-14-1999
S.K. Katriar, J. 1. Heard learned counsel for the petitioner, learned counsel for respondent Nos. 1 to 5, as well as learned eounsel for respondent No. 6. 2. This writ petition is directed against the older dated 30-4-99 (Annexure-6), addressed to the petitioner, whereby his licence to man the erstwhile Harnaut Railway halt has been terminated after giving him one month's notice in accordance with clause 18 of the agreement inter partes (Annexure-1). The railway station at Harnaut was earlier a Halt. According to the regulations of the railway administration, a Halt, in contradistinction to a railway station or a junction, has to be manned by a private person in accordance with the agreement to be entered into by the railway. In other words, a railway station or a railway junction is managed departmentally. The railway administration in their wisdom decided to upgrade Harnaut Halt to a railway station, the consequential effect of which, inter alia, is that the petitioner's licence to ...
Vijay Prasad and ors. Vs. State of Bihar and ors.
Court: Patna
Decided on: Dec-14-1999
S.N. Jha, J.1. These five writ petitions involving a common grievance on behalf of seven petitioners have been heard together and are disposed of by this common order.2. The petitioners seek quashing of the final result of selection for the post of lecturer in Government Polytechnics and Mining Institutes under the Science and Technology Department of the State Government, and for consequential reliefs. C.W.J.C. No. 9555/98 has been argued as the leading case and the relevant facts, therefore, are taken from that case.3. In November, 1990 the Bihar Public Service Commission (in short 'the Commission') published an advertisement (Advt. No. 75/90) for appointment of lecturer in Civil Engineering in the Government Polytechnics and the Mining Institutes. As per the advertisement the candidates were required to possess first class graduate degree in the concerned discipline/subject and pass the GATE or equivalent examination. It was made clear that if the number of applicants is found to ...
Chandradip Sinha Vs. State of Bihar and ors.
Court: Patna
Decided on: Dec-14-1999
B.P. Singh, A.C.J. and S.K. Chattopadhyaya, J.1. We have heard Counsel for the parties.2. This appeal is directed against the order of the learned Judge of this Court upholding the order imposing minor punishments of censure, recovery and stoppage of increments with non-cumulative effect. From the record it appears that such punishments were imposed earlier against the appellant, and aggrieved by that order imposing the punishments the appellant had preferred a writ petition before this Court being C.W.J.C. No. 4444 of 1995. By order dated January 22, 1996, the writ petition was allowed and the impugned order dated November 7, 1994 imposing punishments was quashed with liberty to respondent No. 1 to consider the representation of the appellant in accordance with law and in the light of the observations made in the judgment. This Court after considering the material placed before it came to the conclusion that neither the disciplinary authority referred to the charges levelled against ...
Jagdish Yadav and ors. Vs. State of Bihar and ors.
Court: Patna
Decided on: Dec-14-1999
Aftab Alam, J.1. 23 employees have jointly filed this writ petition seeking to challenge the order, dated August 23, 1977 passed by the appellate authority under Section 20(6) of the Minimum Wages Act as amended in this State. By the impugned order the appellate authority set aside the order dated December 24, 1996 passed by the competent authority and rejected the claims raised on behalf of the petitioners. 2. The 23 petitioners filed claims under Section 20 of the Act alleging that the respondent Bihar State Food and Civil Supplies Corporation had paid them wages at rates lower than the minimum wages fixed under the Act and seeking a direction for payment of their differential wages together with compensation. 3. According to the petitioners they were engaged for loading and unloading bags of food grains; that they worked during the period April. 1993 to March, 1995 and handled 1421 bags of food grains. According to their case the minimum wages fixed under the Act was Rs. 30/- per ...
BipIn Kumar Rai and anr. Vs. State of Bihar
Court: Patna
Decided on: Dec-14-1999
D.P.S. Choudhary, J.1. This appeal is directed against the judgment and order dated 24-6-1998 passed by the 1st Additional Sessions Judge, Samastipur in Sessions Trial No. 196 of 1989, whereby and whereunder the trial Court has convicted the appellant under Section 306 of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act and sentenced them to undergo R.I. for four years and R.I. for six months respectively to each of the appellants. These sentences have been directed to run concurrently.2. The prosecution case in brief is that the informant Ramdeo Rai (P.W. 8) married his daughter Shanti Kumari with the accused-appellant Bipin Kumar Rai in the year 1984 in the month of May. At the time of marriage, the father of the accused Bipin Kumar Rai has taken Rs. 15,000/- in cash as dowry besides article worth Rs. 4,000/- from the informant. The informant's daughter Shanti Kumari went to her Sasural after tht, marriage. The informant subsequently went her sasural for Roks...
Shanti Devi Vs. State of Bihar
Court: Patna
Decided on: Dec-13-1999
D.P.S. Choudhary, J.1. This appeal has been preferred against the judgment and order dated 15th of February, 1999 passed by the 2nd Additional Sessions Judge, East Champaran, Motihari in Excise Case No. 11/97/49/97 convicting the appellant Shanti Devi under Section 8(c) and 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the 'Act') and sentenced here to undergo R.I. for 10 years and also to pay a fine of Rs. 1,00,000/- (one lac) and in default of payment of fine to undergo further period of sentence for two years.2. The brief fact of the case is that on 23-3-1997 the informant (Suren Kumar Singh, S.I. of Police-cum-Officer Incharge of Raxaul Police Station (P.W. 7) was on patrolling duty. At about 12.35 p.m. on the order of District Magistrate and the Superintendent of Police, he reached near Dumariya Tola and when arrived near the house of appellant Shanti Devi, saw some persons fleeing away from her house, after seeing the police Party. A ...
Bachu Prasad Gupta Vs. State of Bihar and ors.
Court: Patna
Decided on: Dec-13-1999
1. Heard learned Counsel for the parties.2. It is not disputed before us That a departmental proceedings had been initiated against the appellant, while he was in service in the year, 1991. The appellant superannuated from service on 31.1.1993 while the departmental proceedings were continuing.3. It was urged before us by the learned Counsel for the appellant that once a Government servant superannuated from service, the departmental proceedings, it any pending against him, must lapse and no punishment can be inflicted upon him in such proceedings. Broadly speaking, the proposition enunciated by the Counsel for the appellant is unexceptional, but this is subject to the express provisions of the Bihar Pension Rules, particularly Rule 43 thereof which becomes significant while considering the claim to pensioner benefits of such a superannuated employee. No doubt, a retired Government servant cannot be punished, in the sense, that none of the punishments specified in the Service Rules ca...
Bhelna Mallah Vs. State of Bihar
Court: Patna
Decided on: Dec-10-1999
D.P.S. Choudhary, J.1. The sole appellant has preferred this appeal against the judgment and order dated 29th of April, 1993 passed by the 1st Additional District and Sessions Judge, Saharsa in Sessions Trial No. 95 of 1990 convicting the appellant Bhelwa Mallah under Section 376 of the Indian Penal Code and sentenced him to undergo R.I. for 8 years.2. The prosecution case in brief is that informant Geeta Devi (Victim woman-P.W. 2) in her statement recorded on 31-12-1988 at 10.00 a.m. by S.I. of Kishanpur P.S., district Saharsa, alleged that on the same day in the morning at about 6.00 a.m. she had gone to cut Lar along with her mother-in-law at Matnaza Badh. When she was cutting Lar a man suddenly came there and caught her hand and threw on the ground, thereafter committed rape on her. She started weeping and raised hulla. Her mother-in-law namely, Sudama Devi (P.W. 3) rushed there. The accused pointed out a pistol on her and threatened. Thereafter, her mother-in-law fled away raisi...
Md. Israil Khan and anr. Vs. Heavy Engineering Corporation Ltd. and or ...
Court: Patna
Decided on: Dec-10-1999
Radha Mohan Prasad, J.1. In this writ petition, petitioners have prayed for quashing of the order dated 12.9.1998, contained in Annexure-6 whereby and whereunder representations filed by them claiming the benefits of L.T.A. have been rejected.2. In short, the relevant facts are that Heavy Engineering Corporation Limited, Ranchi (Respondent No. 1) introduced voluntary retirement scheme, 1990 vide circular No. 15/90 with effect from 22.10.1990. A photostat copy of the said scheme has been annexed as Annexure-1. Petitioners opted for the said scheme and their offers were accepted with effect from 31.7.1992 and 24.12.1992 respectively and they were accordingly allowed to retire. The benefit of L.T.A. was, however, not paid to them for which they filed C.W.J.C. No. 3749 of 1997 (R) which was disposed of by order dated 13.7.1998 (Annexure-3) with a direction that the petitioner may file representation before the Respondent-authority, who will hear them and dispose of the same by speaking or...
- ‹ Prev
- 1
- 2
- 4
- 5
- 6
- Next ›
- Last »