Patna Court February 1999 Judgments
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Viren Pande Vs. State of Bihar and ors.
Court: Patna
Decided on: Feb-05-1999
Radha Mohan Prasad, J.1. As in all four writ applications a common question has been raised, with consent of the parties they have been heard together and are being disposed of by a common Judgment.2. In C.W.J.C. No. 288/92, 286/92 and 960/92 the petitioners have assailed the validity of the very initiation of the proceeding besides notice issued under Section 7 of the Bihar and Orissa Public Demands Recovery Act, 1914 (for braivity as the Act') in Certificate Case No. 6-C.D. of 1977-78, Certificate Case No. 1 of C.P. of 1974-75 and 2 C.P. of 1974-74 and Certificate Case Nos. 1 C.C. of 1978-79, 6 C.C. of 1968-69, 5 C.C. of 1969-70, 16 C.C. of 1969-70, 2 C.C. of 1972-73, 4 C.C. of 1972-73, 47 C.C. of 1973-74, 2 C.C. of 1975-76, 1 C.C. of 1976-77, 2 C.C. of 1976-77, 5 C.C. 1976-77 and 7 C.C. of 1977-78 respectively, for realisation of the price of the cane supplied to the factory of the petitioning company on the ground that the requisition issued or certificates proceeding initiated ag...
Daya Shankar Dubey and ors. Vs. State of Bihar
Court: Patna
Decided on: Feb-05-1999
1. There are three appellants In Criminal Appeal No. 227/86 while Uma Shankar Dubey is the sole appellant In Cr. Appellant No. 236/86. All the four appellants are own brothers. They are the residents of village Mainpura. P.S. Arwal, District-Gaya.2. All the appellants along with one Arjun Dubey were tried by the 3rd Additional Sessions Judge Gaya, in Sessions Trial No. 63 of 1985/164 of 1997 on charges of committing an offence under Section 320/149 I.P.C. Accused Tripurari Dubey was further charged under Section 27 of the Arms Act and accused Daya Shankar under Section 326 I.P.C.3. The trial related to an occurrence which happened on 3rd December, 1976 at village Mainpura, P.S. Arwal, District-Gaya, In which Gobardhan Dubey lost his life and Pramdhan Dubey was assaulted by Garasa and Khantt Accused Arjun Dubey died during the pendency of the case.4. By his judgment the learned Additional Sessions Judge, Gaya, dated 26th April, 1986, convicted and sentenced all the four appellants with...
Neyaz Ahmad Vs. State of Bihar
Court: Patna
Decided on: Feb-05-1999
1. The sole appellant Neyaz Ahmad has been sentenced to undergo 10 years rigorous imprisonment under Section 376 of the Indian Penal Code by the 5th Additional Sessions Judge, Siwan in Sessions Trial No. 164 of 1993 by his judgment and order dated 11th April, 1994. The victim in this case was a minor girl aged about 9 years who is said to have been raped by the appellant on 19-10-92 inside his Ata Chakki at about 12.30 p.m. at village Daraila which falls within the jurisdiction of Guthani Police Station which was at a distance of 1 kilometers from the village of occurrence. Several witnesses have been examined to prove the prosecution case including the victim, minor Sangita, who was examined as PW 2. The mother of the victim Prem Kumari PW 3, the grandmother of the victim Malti Devi PW 4, grandfather of the victim Brij Kishore Kalwar PW 5 and the father of the victim Nathuni Prasad Kalwar PW 7 have supported the prosecution case and have corroborated the testimony of the victim girl...
Harish Chandra Pandey Vs. State of Bihar and ors.
Court: Patna
Decided on: Feb-04-1999
M.Y. Eqbal, J.1. This Criminal Revision application under Sections 397/401 of the Code of Criminal Procedure (hereinafter referred to as 'the Code') has been filed by the petitioner-informant against the judgment of acquittal passed by the 3rd Addl. Sessions Judge, Gopalgunj. in Session Trail No. 196 of 1996 under Section 302/109, 302/149, 302, 342, 307, 324/and 323 of the Indian Penal Code arising out of Kuchaikote P.S. Case No. 61 of 1995.2. The prosecution case, in brief, is that on 1.6.1995 the first informant was going to his medicine shop and when he came outside of his house he saw that accused persons were sitting on a Chauki. As per prosecution case, Sudama Pandey is the son of Bali Ram Pandey and Prema Devi is his wife. Mudala Devi is the wife of Vidya Pandey and Kalawati Devi and Lilawati Devi are daughters of Bali Ram Pandey. It is alleged that when the informant reached near the aforesaid persons, all of a sudden all the accused persons caught hold of him and brought him ...
Bhimsen Kumar and anr. Vs. State of Bihar and ors.
Court: Patna
Decided on: Feb-04-1999
Ashish N. Trivedi, J.1. Petitioner No. 1 was engaged as a Daily Wager with effect from 1.1.1988 to discharge the duties and functions of Chaukidar in the Office of the Executive Engineer, Rural Engineering organisation Deoghar and Petitioner No. 2 was also engaged as a Daily Wager to discharge the duties and functions of a Roller khalasi since December, 1987 and received their wages. In support of these averments the petitioners have annexed the copies of the letters dated 14.9.1989 and 30.1.1990 as Annexures '1' and '1/A' issued by the Executive Engineer, Rural Engineering Organisation, Deoghar and the alleged recommendation made by the Junior Engineer dated 30.1.1990.2. According to the petitioners. Petitioner No. 1 made a representation on 9.11.1992 which was recommended by the Executive Engineer for regularisation of his services. The Executive Engineer further recommended by his letter No. 916 dated 16.10.1993 for regularisation of the services of Petitioner No. 1. Petitioner No....
Prem Kumar Pathak, 'Jyoti' Vs. the State of Bihar and Ors.
Court: Patna
Decided on: Feb-03-1999
Ashok Kumar Ganguly, J.1. The point for deciding the controversy raised in this Writ Petition is whether the petitioner's claim to be treated as Laboratory Technician with effect from 1st March, 1977 or alternatively atleast with effect from 1st February, 1978 is correct' or whether the respondents' stand that the petitioner should be treated as a Laboratory Technician with effect from the date of his promotion to the said post i.e. with effect from 25th April, 1980 is correct?2. In order to appreciate the aforesaid controversy certain basic facts are stated below:It appears from the Writ Petition that the petitioner was initially appointed in L.N. Mishra Institute of Medical Emergency on muster roll and on a daily wage basis on Rs. 7/- per day. Subsequently by an order dated 27th May, 1977 passed by the said Institute the petitioner was put on the pay scale of Rs. 240-300-E.B.-8-396 by way of purely ad hoc and temporary arrangement. This will appear from Annexure-4 to the Writ Petiti...
Parmottam Prasad Singh Vs. State of Bihar and ors.
Court: Patna
Decided on: Feb-03-1999
M.Y. Eqbal, J. 1. In this writ application the petitioner seeks issuance of an appropriate writ, order or direction declaring that the respondents' act of damaging/demolishing his eastern boundary wall from the north and damaging northeastern pillar of one of his gales on 21 -10-98 was illegal act exhibiting grass highhandedness for which the petitioner is entitled to an exemplary compensation. The petitioner also prayed for grant of payment of cost for the repair and reconstruction of damaged structure which was illegally demolished by the respondents. 2. The petitioner's case is that he is the owner of plot No. 46-B situated in Shrikrishna Puri in the town of Patna which was allotted to him by the Patna Improvement Trust in the year 1966 by virtue of a registered lease cum deed agreement dated 23-8-1969. As per boundary given in the deed there are four plots on the three sides and 80 wide roads towards north as well as east as this plot as well as its adjacent plots are located on ...
Raushan Rishu and anr. Vs. State of Bihar and ors.
Court: Patna
Decided on: Feb-03-1999
Aftab Alam, J. 1. In what seems to be a case of failure to properly discharge statutory responsibilities, the Magadh University takes an attitude of apparent unconcern for the career of the engineering students in the two colleges affiliated to it. The apathy of the University has forced two students of the Maulana Azad College of Engineering and Technology, an affiliated unit of Magadh University to come to this Court seeking appropriate directions to the University authorities. The two students, petitioners before this Court, were admitted to the Bachelor of Science (Engineering) course for the Session 1996-2000. They make a grievance that the rate at which the course is proceeding and the delayed manner in which the University is holding the examinations, have already made them lose about one year before completing the 1st year of the four years course; and that in this way their four years course, which was supposed to be over in the year 2000, would not be completed before 2003 ...
Ram Singari Devi and ors. Vs. Lokshman Prasad Bhagat and ors.
Court: Patna
Decided on: Feb-03-1999
Ravi Nandan Sahay, J.1. This appeal is against the judgment of affirmance. The appellants, who were plaintiffs, filed Title Suit No. 48/13 of 1967/1975 for redemption of a mortgage bond dated 9.4.1922, allegedly, executed by Balgobind, son of Chetu Gope of Village Baghi in the district of Samastipur. The appellants claimed redemption by virtue of two sale deeds executed by Ramudgar, son of Balgobind, who was defendant No. 12 in the suit. The plaintiffs had impleaded Ram Prasad Bhagat, the mortgagee, his sons and daughters as defendant 1st party.2. The defendants third set were the wife and daughter of Munsilal Bhagat, brother of Ram Prasad. The main contest was in between the plaintiffs and Raghubir Bhagat, Sola of Ram Prasad. The defendants 1st set, namely, the heirs of Ram Prasad Bhagat supported the case of Raghubir Bhagat (defendant No. 13). The entire allegation in the plaint regarding mortgage and subsequent dealing of mortgage property was disputed in the written statement file...
Mushar Dusadh and ors. Vs. Radha Krishna Mahto @ Umesh NaraIn Mehta an ...
Court: Patna
Decided on: Feb-02-1999
Ravi Nandan Sahay, J.1. The only substantial question of law which arises for consideration in this appeal which was heard ex-parte against the respondents is whether the entire suit stood abated for a non-substitution of legal heirs of respondent No. 5, who died during the pendency of the suit?2. Learned Munsif held that the suit abated as a whole since the interest in the suit property was joint with the deceased Respondent No. 5 and other defendants. Learned Munsif has considered the question of abatement in Para-15 of the Judgment as extracted hereunder:15. Issue No. 3:--Admittedly defendants 5 and 8 died two to three years back, and the heirs of defendant No. 5 have not been brought on record. Rule 4 of Order XXII, of the Code of Civil Procedure lays down that where one of two or more defendants dies and the right to sue does not survive against the surviving defendant or defendants alone, the Court on an application made on that behalf shall cause the legal representative of the...
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