Patna Court December 1999 Judgments
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Hasibul and anr. Vs. State of Bihar
Court: Patna
Decided on: Dec-07-1999
D.P.S. Choudhary, J.1. This appeal is directed against the judgment and order dated 19-9-1994 passed by the 2nd Additional Sessions Judge, Purnia in Sessions Trial No. 191/91 convicting both the appellants under Section 395 of the Indian Penal Code and each of them has been sentenced to undergo R.I. for seven years.2. The prosecution case in brief is that the informant Asfaque Ahmad (P.W. 7) was sleeping in his room in the night of 23-3-1990. At about 12.00 O'clock about five miscreants entered into his room after breaking opened the door. The informant identified three of them including the appellants. They demanded money from the informant. They tied up his hand and he was dragged to his nearby shop. 10-12 dacoits were standing in the courtyard from before out of which he identified one Farda (Appellant No. 2). It is further case that miscreants broke open the lock of the shop and started torturing the informant by burning his leg with papers. He has to disclosed that about 22,000/...
Pawan Kumar Gupta and ors. Vs. State of Bihar and anr.
Court: Patna
Decided on: Dec-07-1999
P.K. Deb, J.1. This petition has been preferred by the above-named petitioners who have been alleged as offenders in Case No. 400(M) 87 before the Presiding Officer, Economic Offences, Muzaffarpur, for quashing the entire proceeding under Section 58(A) of the Companies Act, 1956.2. In the offence report, it has been contended that the petitioners being the officers and Directors of the Company had accepted the deposit of Rs. 1,00,000/- during 1-3-84 to 31-3-84 and as such the same comes under the purview of Rule 3(2)(i) of Companies Acceptance of Deposits Rules 1975. It was further contended that the Company also accepted Rs. 25,000/- during the said period and the same remained outstanding as deposit on 31-3-1984 which also comes within the purview of Rule 3(2)(ii) of the Companies Acceptance and Deposits Rules, 1975 and as such, as per violation of the Rule they are punishable under Section 58- of the Complanies Act. The complaint petition has been annexed as Annexure-1 to this pet...
Md. ReyazuddIn Khan Vs. Shama Ashrafi and anr.
Court: Patna
Decided on: Dec-06-1999
G.S. Chaube, J.1. This application under Sections 397 and 401 of the Code of Criminal Procedure (hereinafter to be referred to as 'the Code') is directed against order dated 4-9-1998 of Sri A.K. Verma, Judicial Magistrate, First Class, Dhanbad, in M.P. Case No. 140/92 dismissing an application of the petitioner presented before the magistrate under Section 127(3) of the Code.2. The above mentioned proceeding under Section 125 of the Code had been commenced by the present opposite parties who are the wife and a minor son of the petitioner. By filing this application under Section 125 of the Code, they had sought maintenance from the petitioner on the ground that even though the petitioner had means to maintain them and they themselves were resourceless, he was neglecting to maintain them. The application was registered as M.P. Case No. 140/92. Though the petitioner appeared in the Court below, he failed to file any showcause or adduce evidence in rebuttal of the claim of the opposite p...
Nathuni Choudhary Vs. State of Bihar
Court: Patna
Decided on: Dec-06-1999
D.P.S. Choudhary, J.1. This appeal has been preferred against the judgment and order of 3rd Additional Sessions Judge, Arrah (Bhojpur) dated 22-9-1994 by which the appellant has been convicted under Section 392 of the Indian Penal Code and sentenced to undergo R.I. for three years. The accused was originally charged under Section 395, I.P.C., but the trial Court came to the conclusion that no cases under Section 395, I.P.C. is made out and accordingly convicted him under Section 392, I.P.C.2. The brief fact of the prosecution case is that on 21-1-1993 the informant Ramruchi Pathak (P.W. 6) was going to his village from Piro along with Sheoparsan Singh, Sheoparsan Tiwary, Tuntun Singh and others. When he reached near Barauli Mor at Piro Agiaon Road at about 7.00 p.m. all on a sudden 4 to 5 persons armed with Lathi and Danda surrounded them. One of the miscreants assaulted the informant with lathi and demanded money, from him. On refusal by the informant to part with the money the misc...
Madan Kishore Pandey and ors. Vs. Raghubansh Singh and ors.
Court: Patna
Decided on: Dec-06-1999
P.K. Deb, J.1. This appeal has arisen out of the judgment and decree dated 28-8-1985 passed by the then 2nd Addl. Sub-Judge, Chapra, in Title Appeal No. 137 of 1980 reversing the judgment and decree dated 24-7-1980 passed by the then Munsif-III, Chapra in Title Suit No. 144 of 1970.2. The plaintiffs of the suit are the appellants in this appeal. The case of the plaintiffs are that their father Dina Nath Pandey died in the year 1967 and he was bataidar under Tribhuban Pandey the predecessor of the defendants in respect of Schedule-I land and Sikmidar in respect of Schedule-Ill land. Dina Nath Pandey was close to Tribhuban Pandey and he was helping him in all respects during his old age as Tribhuban Pandey was not in a position to look after cultivation work. Dina Nath Pandey was given the lands in bataidari and sikmidari on condition of payment of rent by produce towards Schedule-I land and in cash in respect of Schedule-II land. Tenancy was created on 30-10-1940. There was no written...
Bibha Kumari and ors. Vs. the State of Bihar and ors.
Court: Patna
Decided on: Dec-05-1999
Narbdeshwar Pandey, J.1. In these three Writ Petitions, primal challenge is with regard to the validity of the panel prepared on the basis of re-interview for appointment of Assistant Teachers in Government Basic Schools, as was held in between 16.9.1991 to 20.9.1991. and also the order of the Director, Primary Education, Government of Bihar, dated 6th December, 1993, issued under Memo No. 964 and the consequential order of the Regional Deputy Director of Education dated 18th December, 1993 vide Memo No. 5167, whereby and whereunder, petitioner's services were terminated.2. From the somewhat voluminoun pleadings of the parties as well as the judgment of this Court in CWJC No. 6029 of 1991 and analogous cases, it emerges that on 7.6.1989 under the orders of the Director. Primary Education, advertisements were published In daily newspaper for appointment to the posts of Assistant Teachers in Government Basic Schools from amongst the candidates, holding minimum qualification of Matric tr...
Smt. Durgesh Nandani Vs. State of Bihar and ors.
Court: Patna
Decided on: Dec-03-1999
Aftab Alam, J. 1. By a registered deed of saldated 26-9-1994 the petitioner purchased a piece of land measuring Seven and a half decimals in area, forming part of Survey Plot No. 1323 under Khata No. 757 in Tauzi No. 5806 and situate at Mauza Mainpura presently under Patliputra Police Station in the town and district of Patna.2. According to the petitioner she had purchased the aforesaid piece of land for constructing a residential house but she is unable to construct the house on account of two electricity poles fixed and installed there from before by the Bihar State Electricity Board. She requested the officials of the Board to remove the two poles on the plea that they were coming in the way of construction of her house. The Board's officials, however, took the stand that they would remove the poles only on her making payment of the expenses (provisionally estimated at Rs. 21046.00) of the removal and reinstallation of those poles at some other place. 3. This writ petition has b...
Sudheshwar Nath Vs. State of Bihar and ors.
Court: Patna
Decided on: Dec-02-1999
Sachchidanand Jha, J.1. Rule 43(b) of the Bihar Pension Rules provides for with holdment or withdrawal of pension or recovery from the pension of a Government servant the amount of pecuniary loss suffered by the Government if the pensioner is found to be guilty of gross misconduct or to have caused pecuniary loss to the Government by misconduct or negligence during the service period, in a departmental or judicial proceeding. Such departmental or judicial proceeding if not pending while the pensioner was on duty before retirement, may be instituted but subject to certain limitations. As regards the departmental proceeding with which we are concerned in this case, the rule lays down that it can be initiated with the sanction of the State Government with respect to an event which had taken place not more than four years before the institution of such proceeding. The explanation appended to the rule lays down that the departmental proceeding will be deemed to be instituted when the char...
Syed Mahboob Imam Vs. State of Bihar and anr.
Court: Patna
Decided on: Dec-01-1999
Chy. S.N. Mishra, J.1. In this application, the petitioner Syed Mahboob Imam has prayed for quashing the entire prosecution initiated against the petitioner in Phulwari Sharif P.S. Case No. 39 of 1995 for the offences punishable under Section 14 of the Foreigners Act. The Sub-Inspector of Police, Special Branch lodged the first information report on 8th February, 1995 before the Officer-in-charge, Phulwari Sharif Police Station alleging therein, inter alia, that the accused petitioner having the passport of Pakistan bearing No. D849161 dated 27th of July, 1968 which was valid up to 26th of July, 1993. The accused-petitioner came to India on 16th August, 1988 and since then he is residing in village-Isopur in contravention of the provisions of the Foreigners Act, The learned Counsel for the petitioner submits that the Government of Bihar, Home, Special Department permitted the accused-petitioner to stay in India up to 18th of March, 1992. Meanwhile, the petitioner had filed two petiti...
Royal Projects Ltd. and ors. Vs. State of Bihar and anr.
Court: Patna
Decided on: Dec-01-1999
Choudhary S.N. Mishra, J.1. In this case, the petitioners have prayed for quashing the order taking cognizance dated 15-5-1995 of an offence punishable under Sections 420, 467 and 468 of the Indian Penal Code against the petitioners. The proceeding was initiated on the basis of the complaint petition filed by Opposite Party No. 2. It is alleged that petitioner No. 1, namely, Royal Projects Limited, a company incorporated under the provisions of the Companies Act, 1956 carries on the business, inter alia, for letting out motor vehicles on hire. That petitioner Nos. 2 and 3 are the Directors of petitioner No. (...sic), the company. It is alleged that the vehicle in question, namely, Tata Diesel Vehicle bearing registration No BR-286/1495, Engine No. 692.DOI 413243, Chassis No. 344.073.399219 which was sold to petitioner No. 1 though one Phooltas Autos Private Limited. In support thereof a money receipt has been made Annexure-1 showing the payment of Rs. 3,49,575/-. It, further appears ...
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