Patna Court April 1999 Judgments
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Parmeshwar Singh and ors. Vs. State of Bihar
Court: Patna
Decided on: Apr-12-1999
R.N. Sahay and D.P.S. Choudhary, JJ.1. In Sessions Case No. 485/85, in the file of VIth Addl. District and Sessions Judge, Munger, 17 persons were placed on trial. Accused Ram Saran Singh was charged under Sections 302/148, I.P.C. and 27 of the Arms Act. The other sixteen accused persons were charged under Section 302/149/147, I.P.C. three accused were further charged under Section 323, I.P.C. and one accused was charged under Section 379, I.P.C. The judgment was delivered on 14.11.1996.2. The trial Judge acquitted Jai Kishore Singh and Shambhu Singh and the remaining accused were convicted for the charges framed against them. Accused Ram Saran Singh has been sentenced to life imprisonment. He was also sentenced under Sections 148, I.P.C. and 27 of the Arms Act, but no separate sentence was awarded. The remaining accused were convicted under Sections 302/149, I.P.C. and sentenced to life imprisonment, but no separate sentence was awarded under Section 147 or 323, I.P.C. These two appe...
Ram Khelawan Sharma and ors. Vs. State of Bihar
Court: Patna
Decided on: Apr-12-1999
R.N. Sahay and D.P.S. Choudhary, JJ.1. On 25.1.85 at 3 p.m., Ramnugrah Sharma, who was the local Mukhia was brutally murdered at village Paraman, P.S. Ghosh in the district of Jehanabad. According to post-mortem report, the deceased had received as many as 15 injuries. The injuries had been caused by fire-arms. Not a single pellet was detected in the body.The F.I.R. of the occurrence was lodged by Rajendra Sharma (P.W. 4), The F.I.R. of the occurrence was recorded at village Paraman by the officer incharge Ghosi police station at 10 p.m. in the night. The officer incharge reached the village on being informed by local chowkidar that the Mukhia has been murdered by Naxalites. The details of the occurrence were not given by the chowkidar to the officer incharge. According to the F.I.R., Mukhia Ramanugrah Sharma of village Paraman was sitting in his Khalihan situated on the western side of the village. He was talking to the first informant Rajendra Sharma. About 30-40 persons armed with ...
Gautam Banerjee Vs. State of Bihar and ors.
Court: Patna
Decided on: Apr-12-1999
Sachchidanand Jha, J.1. These two writ petitions arising out of a common order of the Labour Court and involving the same disputed have been heard together and are disposed of by this common judgment.2. The petitioners in both the case filed complaints under Section 26(2) of the Bihar Shops and Establishments Act ('BSE Act', for short) challenging separate but identical orders of termination of services. The Labour Court acting as the Authority under the Act has dismissed the complaints as not maintainable holding that in view of the provisions of the Sales Promotion Employees (Conditions of Services) Act, 1976 ('SPE Act', for short), the petitioners may seek their remedy under the Industrial Disputes Act, 1947 ('ID Act', for short). The facts of the case, briefly stated and so far as relevant, are as follows:3. 'Tata Pharma', a division of the Lakme Limited having its registered office at Bombay, is engaged in the manufacture and sale of pharmaceuticals all over the Country. Gautam B...
DIn Bandhu Mandal @ Mandal and ors. and Vs. State of Bihar
Court: Patna
Decided on: Apr-09-1999
R.N. Sahay, J.1. The facts leading to the present appeal may be stated as follows:2. The sole appellant in Criminal Appeal No. 112 of 1998 is Prafulla Kumar Mandal. There are two appellants in Criminal Appeal No. 50/1998, namely, Dinbandhu Mandal and Bharat Mandal. All the three appellants are own and full brothers. They are inhabitants of village Narayanpur, P.S. Ranishwar in the District of Dumka. Prafulla Kumar Mandal was married to Saraswati Devi. She was daughter of Sudhir Mandal and sister of Biranchi Pada Mandal. At the time of the marriage, the father of the bride agreed to pay Rs. 42,000/- in dowry, but actually Rs. 28,000/- could be arranged. Appellant Din Bandhu Mandal received Rs. 10,000/- while the appellant Bharat Mandal received Rs. 18,000/- as advance. The marriage was then performed with Saraswati Devi. After the marriage, Prafulla Mandal remained at his Sasural for three months, and only after Panchayati regarding payment of balance dowry amount, he took his wife Sar...
Ashok Kumar Mishra and 16 ors. Vs. State of Bihar and ors.
Court: Patna
Decided on: Apr-09-1999
Sanat Kumar Chattopadhyaya, J.1. As similar points of law are involved in these two cases, both have been heard together and this common judgment will govern both the cases.2. The facts of the individual cases are to be set forth for prompt appreciation of the points.3. The petitioners in C.W.J.C. No. 3443 of 1990 were appointed as Class III and Class IV employees of the Bihar State Agriculture Marketing Board, Bihar, Patna (hereinafter referred as the Board in short). Since the creation of the Board in the year 1972 scales of pay of the employees of the Board including the petitioners were revised in accordance with the recommendation of the 3rd and 4th Pay Revision Committee, which was accepted by the State Government in relation to its own employees. By order dated 11.8.1982 (Annexure-2) benefits of the said revised scales of pay were given to the petitioners and other employees of the Board. It is asserted that in the year 1985, the Board had resolved that its employees would also...
Dr. Rabindra Kumar Wasta @ Lalan Singh Vs. the State of Bihar and anr.
Court: Patna
Decided on: Apr-09-1999
Ravi Nandan Sahay, J.1. This is an application under Section 482 Code of Criminal Procedure for quashing the entire proceeding and the order dated 12.12.1991/5.2.1992 of the Chief Judicial Magistrate, Purnea, who summoned the petitioner for trial for offences punishable under Sections 408, 468, 420 and 120B of the Indian Penal Code and Section 23 of the Hire Purchase Act, 1972.2. The Petitioner at the relevant time was Managing Director of M/s Automatrix Pvt. Limited. The complainant Mahavendra Narain Choudhary is the resident of Mohalla-Amla Tola, Madhubani, P.S.K. Hat in the district of Purnea. The complaint was instituted on 12.4.1991 which contains following facts. M/s D.C.M. Toyota Pvt. Limited manufactures S.T.D. Bus. Ajay Sharma who is accused No. 3 in the complaint petition is the Deputy Manager of Vehicle Finance Department of D.C.M. Toyota. He received a sum of Rs. 2,46,196/- on behalf of D.C.M. Toyota between 8.2.1988 and 31.10.1990. The petitioner is an Agent of D.C.M. Toy...
Nand Kishore Thakur and ors. Vs. State of Bihar and ors.
Court: Patna
Decided on: Apr-08-1999
S.N. Jha, J.1. These three writ petitions, which have been heard together as common points are involved, are disposed of by this common judgment.2. The petitioners are the employee of the Bihar State Khadi and Village Industrial Board (In short, 'the Board'). In C.W.J.C. No. 3959 of 1997, the petitioner seeks direction for payment of salary for the post of Typist in the scale of Rs. 1,320-2,040 from June, 1994 till date. He was initially appointed on the post of Peon on 6,4.1971. Pursuant to the decision of the Establishment Committee of the Board held on 17.4.1990, he was promoted against Class-III post of Typist on 14.5.1990. He received his salary of the post of Typist till May 1994. The Employees' Union of the Board filed a writ petition, C.W.J.C. No. 12124 of 1993, in this Court seeking direction for regular payment of salary to the employees which was allowed on 18.1.1996. The petitioner, thereafter, made representation on 3.3.1997 for payment of salary for the post of Typist bu...
Smt. Manju Devi and anr. Vs. the State of Bihar and ors.
Court: Patna
Decided on: Apr-06-1999
Aftab Alam, J.1. The facts of this case are both distressing and disturbing, distressing because it shows that at least for some persons the judicial process is no longer the natural choice for the enforcement of legal right or for the redressal of grievance and disturbing because in order to bye-pass and cut short the delay in the judicial process resort is not only made to illegal means but attempts are also made to find abettors and allies in the Police force.2. The two petitioners in this case, who are wife and husband, allege that they were unlawfully and forcibly elected from the tenanted premises by the landlords with the aid and assistance of some police officials. The landlords (respondents 6 and 7) on the other hand state that the petitioners, having occupied the premises without payment of any rent for several years, finally 'abandoned' it with a view to escape payment of the rental dues and the police on being apprised of the situation let them (the landlords) resume posse...
Smt. Sudheshwari Devi and ors. Vs. Union of India (Uoi) and ors.
Court: Central Administrative Tribunal CAT Patna
Decided on: Apr-05-1999
1. A claim of appointment on compassionate ground has been set-forth in the instant case which has been contested by the respondent Railways on the ground that the claim was not covered under rules and circulars of the Railway Board on the subject.2. The relevant facts of the case were, however, not in dispute. It was an uncontroverted case of the applicants that one Baidyanath Chaudhary, R.G. Station Master, N.E. Railways, Karha Gola, being the husband of applicant No. 1 and father of applicant no. 2, was serving under the respondent no. 3, Senior Divisional Manager, N.E. Railways, Sonpur, and he met a train accident in the intervening night of 39/31st January, 1995, by Train No. 534 Down. In this accident, Baidyanath Chaudhary, got both of his feet amputated on the spot of accident. Baidyanath Chaudhary was to superannuate on the next following day i.e. on January, 1995. It is said that the accident took place the mid-night of 30/31st January, 1995, while he was coming back from Son...
Rajendra Sharma Vs. State of Bihar Through Chief
Court: Central Administrative Tribunal CAT Patna
Decided on: Apr-05-1999
1. The sole applicant, Rajendra Sharma, has sought for a relief to quash an order of withdrawal of the special pay, which he had already drawn being an officer of Indian Police Service cadre posted as Superintendent of Police (Explosive) in the State of Bihar for the period from 05.12.1986 to 01.02.1990, and also for a direction upon the respondents to repay the deducted amount with interest thereon. It may be mentioned here that infact, there was no specific order of the State Government of Bihar for deducting any amount from the pay of the applicant. It so happened, that in the year 1990 when an authority slip, commonly known as Pay/Leave Salary Slip, was issued by the Accountant General, Bihar (Respondent No. 4) authorising the applicant to draw salary on different counts for the period 29.10.1982 to 01.2.1991 and onwards, less the amount already drawn, vide pay slip dated 04.04.1990, he was authorised to draw, special pay either @ Rs. 200/ per month or Rs. 400/- per month during t...
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