Patna Court April 1999 Judgments
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Rama Kant Sharma Vs. the Patliputra Central Co-operative Bank and anr.
Court: Patna
Decided on: Apr-15-1999
S.K. Chattopadhyaya, J.1. Heared Mr. P.K Shahi, learned Counsel for the petitioner and Mr. Rarn Blak Mahto, learned Senior Counsel for the Respondent-Blank.2. The order of dismissal dated 5.11.96 is the subject-matter in this writ petition which has been passed in the departmental inquiry on the basis of certain charges levelled against the petitioner.3. While the petitioner was working in the post of Assistant Accountant on substantive basis, a first information report was lodged against him regarding certain occurrence which took place in the year 1984. One Mr. Asish Kumar Jha, the erstwhile Managing Director of the Bank against whom the petitioner, in the capacity of the Secretary of Employees' Union, made certain complaints, filed a written report resulting in registering of a police case. It is alleged in the first information report that the signature of Mr. L.R. Singh, an Advocate of the Supreme Court on the receipt of Rs. 4,950/- obtained by the petitioner was forged. However,...
Basudeo Mandal Vs. State of Bihar
Court: Patna
Decided on: Apr-15-1999
B.P. Singh and S.K. Katriar, J.1. The sole appellant herein, namely, Basudeo Mandal has been convicted under Section 302, I.P.C. by the Sessions Judge, Dumka in Sessions Case No. 166 of 1996 dated 23rd March, 1998 for having committed the murders of Jiyalal Sah and his wife Kaushalya Devi. The learned Sessions Judge has awarded the death penalty and has made a reference to this Court for the confirmation of the death sentence imposed by him.2. The prosecution case is that on the night intervening the 23rd and 24th February, 1996, the appellant along with 14-15 unknown persons entered the house of the informant and, apart from looting away articles from the house and causing injuries to other members of the family, committed murders of Jiyalal Sah, son of the informant and Kaushalya Devi, the wife of Jiyalal Sah. The prosecution case is that it was the appellant who cut the necks of both the deceased causing their death. So far as the other accomplices are concerned, they have not bee...
Dharmendra Tewary Vs. State of Bihar and ors.
Court: Patna
Decided on: Apr-15-1999
B.P. Singh and S.K. Katriar, J.1. Heard Counsel for the parties.2. In this writ petition, the petitioner has prayed for the issuance of writ of habeas corpus and for quashing the order of detention passed by the District Magistrate, Banka, respondent No. 2 contained in his memo No. 524 dated 2-11-1998 which has been passed in purported exercise of power under Section 12 (2) of the Bihar Control of Crimes Act, 1981. He has also challenged the order of the Government of Bihar issued under the signature of the Deputy Secretary, Home (Police) Department, dated 10-11-1998 approving the order of detention passed by the District Magistrate, Banka. He has further prayed for quashing of the order dated 29-12-1998 passed by the State Government confirming the order of detention under Section 21 (2) of the Act. Several grounds have been urged in the writ petition for quashing of the aforesaid orders. One of the grounds urged in the writ petition is that there has been inordinate delay in consid...
Bishun Dutta Jha and ors. Vs. Bihar Public Service Commission and ors.
Court: Patna
Decided on: Apr-15-1999
Nagendra Rai, J.1. Heard the parties.2. Both the matters relate to the advertisement No. 18/99 issued by the Bihar Public Service Commissioner (in short the Commission) for holding 25th Bihar Judicial Service Competitive Examination, 1999 and as such they have been hoard together on the I.A. Nos. 4423 & 4873/99.3. The prayer made in both the interlocutory application is for a direction to the Commission to accept the form and fee of the candidates of the age of 31 years and also permit the candidates to appear in the examination who became over age due to non-holding of examination in terms of the Bihar Civil Services (Judicial Branch)(Recruitment) Rules, 1955.4. It is provided in the advertisement, that the candidate should be under 31 years of age and over 22 years of age. However, the age is likely to be extended to 35 years. It is further provided therein that the age is to be determined w.e.f. 1.8.99 which now as admitted by the Counsel for the Commission, has been corrected as 1...
Karoo Paswan Vs. State of Bihar and ors.
Court: Patna
Decided on: Apr-15-1999
Shiva Kirti Singh, J.1. In this writ application under Article 226 of the Constitution of India, the petitioner has challenged Clause-1 of the Government policy decision as contained in Memo No. 359 dated 17.1.1990 (Annexure-1) and also communication from the Accountant-General, Bihar, dated 11.12.1995 (Annexure-5). The petitioner is a retired Chawkidar and has challenged the aforesaid policy decision and letter because they stand in his way in claiming pension as a Government servant under the State of Bihar.2. The facts of the case are not in dispute and they may be noticed only in brief. Admittedly, the petitioner was appointed as a Chawkidar in 1954 for a Rural Police Station beat under Rupauli Police station in the district of Purnea as per the provision in the Bihar Chawkidari Manual which consists of the Village Chawkidari Act, 1970 and the Rules framed thereunder. His service condition continued to be governed by the said Bihar Chawkidari Manual and were admittedly without ben...
Ajit Datt Vs. Union of India (Uoi) and ors.
Court: Central Administrative Tribunal CAT Patna
Decided on: Apr-13-1999
1. The applicant, being a Member of the Indian Police Service, assigned to the State cadre of Bihar, has come-up with this O.A. with the solitary prayer that the respondents be directed to consider his case for promotion, adhoc or otherwise, in the rank and pay of Inspector General of Police in the State of Bihar Cadre of Indian Police Service and to promote him accordingly.2. On factual score, be it recorded only this much that the Central Bureau of Investigation lodged a First Information Report on November 13,1986, against the applicant and some others which resulted into registration of a case, being R.C. No. 45 of 1986, corresponding to Special Case No. 81/86 for the offences under Sections 409/420/ 467/477 (A) &120 (B) of the Indian Penal Code, read with Section 5(1)(c)(d) & 5(ii)of the Prevention of Corruption Act. The allegation, against the applicant, just for reference, was that he ordered for purchase of certain items which were meant to be purchased by the Police H...
Manu Nag Vs. State of Bihar
Court: Patna
Decided on: Apr-13-1999
D.N. Prasad, J.1. This Criminal Appeal is arisen out of the judgment of conviction and sentence passed by the then learned 2nd Additional Sessions Judge, Singhbhum at Chaibassa by which the learned trial Judge convicted the appellant for the offence under Section 302, I.P.C. and he was sentenced to R.I. for life and also to pay a fine of Rs. 1,000/- and in default to undergo S.I. for six months.2. The case of the prosecution in brief, as stated that on 6-11-1987 at about 8 a.m. the Informant along with her husband Tepal Tamaria had gone to Gulu Bazar to purchase rice. They purchased rice worth Rs. SO/-. The son of informant Ratan returned from the market and at about 3 p.m. the informant along with her husband started from the market for their house and they reached near Karla Pahar when her husband asked her to go to the house and prepare the meal and he would come later on and thereafter the Informant went to her house alone leaving behind her husband and she cooked the meal but he...
Sheo Kumar Ram Gupta Vs. State of Bihar
Court: Patna
Decided on: Apr-13-1999
D.N. Prasad, J.1. This criminal appeal arises out of the order of judgment and conviction passed by the then 2nd Additional Sessions Judge, Giridih in S.T. No, 146/84 by which the learned Judge convicted the appellant under Section 302, I.P.C. for the death of Manju Devi by administering poison and sentenced him to undergo R.I. for life. No separate conviction under Section 328, I.P.C. was passed.2. The short facts giving rise to the prosecution case as alleged that on 31 -8-1982 a fardbeyan of Bisheswar Ram Gupta was recorded alleging therein that on the same day at about 11 a.m. one boy from village Malho came to him and informed that something happened to his daughter Manju Devi and asked him to reach to village Malho. On this information, the informant reached to village Malhi on his own truck and he reached to the house of accused Darogi Ram father-in-law of Manju Devi at village Malhi and found a crowd being assembled there. The Information entered into the house and found his ...
Ashish Paswan and anr., Etc. Etc. Vs. State of Bihar
Court: Patna
Decided on: Apr-12-1999
D.P.S. Choudhary, J.1. These three criminal appeals have been heard together and this judgment shall dispose of all the appeals. The appellants have preferred these appeals against the judgment of conviction and order of sentence dated 24.1.1986 passed by the 3rd Additional District and Sessions Judge, Munger in Sessions Trial No. 635 of 1983. Appellant, Ashish Paswan has been sentence to undergo life imprisonment for the offence under Section 302 of the Indian Penal code. Accused, Sahdeo Paswan alias Kokia has been sentenced to undergo life imprisonment for the offence under Section 302 of the Indian Penal Code read with Section 109 of the Indian Penal Code. Accused, Ashok Mandal and Mahendra alias Bhutka have been sentence to undergo life imprisonment for the offence under Section 302/34 of the Indian Penal Code.2. The prosecution case in brief is that oh 14.7.1983 at about 12 p.m. all the abovenamed four accused persons went to Ram Singh who was residing as a tenant in the house of...
New Swadeshi Sugar Mills Limited and anr. Vs. Union of India (Uoi) and ...
Court: Patna
Decided on: Apr-12-1999
Altab Alam, J.1. Petitioner No. 1 is a company engaged in the manufacture and sale of sugar; petitioner No. 2 is one of its share-holders. They seek to challenge the demand for payment of a sum of Rs. 66,88,298.50 paise as contained in the letter dated February 25, 1999 (Annexure 15) issued by the Under Secretary to the Government of India in the Ministry of Food and Consumer Affairs. The disputed amount is interest @ 15% of the differential amount paid by the Central Government to the petitioner company on the basis of the higher price for levy sugar for the year, 1982-83 fixed by the Delhi High Court by an interim order passed in a case which was eventually transferred to the Supreme Court and where it was dismissed.2. The Central Government fixed the price of levy sugar for the year, 1982-83 as provided under Section 3(3C) of the Essential Commodities Act. The petitioner-company challenged the price fixed by the Central Government before the Delhi High Court in C.W.P. No. 1390/1983...
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