Patna Court June 1999 Judgments
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Bhagwan Sao and ors. Vs. State of Bihar
Court: Patna
Decided on: Jun-24-1999
P.K. Deb, J.1. This appeal has been preferred by the above-mentioned convict-appellants against the Judgment of conviction and sentence passed by the then Addl. Sessions Judge, Gaya, in Sessions Trial No. 303 of 1985 (17 of 1986) on 27-2-1989, whereby and whereunder the three accused-appellants along with three others have been convicted under Section 412 of the Indian Penal Code and sentenced to rigorous imprisonment for six years.2. A dacoity was committed at the house of informant Balkesh Sao in the night hours on 25-8-1984 and thus dacoits had taken away the valuables including the clothes, utensils and ornaments. Information was lodged on the next date by the informant Balkesh Sao. During the course of investigation on a secret information, the Investigating Officer conducted a raid in the huts and house of the accused-appellants along with others and several booties of the dacoity were alleged to be recovered. Those booties include dhoti, sarees, readymade garments, utensils an...
Sapru Jayakar Motilal C.R. Das Vs. Union of India (Uoi) and ors.
Court: Patna
Decided on: Jun-24-1999
B.P. Singh, J. 1. This writ petition has been filed by the petitioners for quashing that part of the direction of the Governor dated 9-3-99 whereby he has called upon the Chief Minister to prove her majority on the floor of the House within ten days of the date on which she was administered oath of office and secrecy by the Governor. Petitioner No. 1 claims to be anon political institution engaged in the work of legal studies, and research for the growth of democratic culture while petitioner No. 2 is a practicing advocate of this Court. Their, grievance is that the Governor has no authority under the Constitution to call upon the Chief Minister who has been administered oath of office to prove her majority on the floor of the house within the period prescribed by the Governor. According to the petitioners, there is no such thing as a 'vote of confidence under the Indian Constitution and, therefore, by giving such a direction the Governor has acted beyond his powers and in an uncons...
Barhu Ram and ors. Vs. Butai Ram and anr.
Court: Patna
Decided on: Jun-24-1999
B.P. Singh, J.1. This Letters Patent Appeal has been preferred by the defendants who are aggrieved by the judgment and order of a learned Judge of this Court dated 1-11-1991 in First Appeal No. 257 of 1977 affirming the Judgment and decree dated 12-1-1977 passed by the 2nd Sub-Judge, Patna in Title Suit No. 22 of 1974. The judgment and decree passed by the trial Court decreeing the suit for partition filed by the respondents has, therefore, been affirmed by a learned Judge of this Court and it has been concurrently held that the property in question, namely, the house at Lohanipur, Patna is not a joint family property available for partition between the coparceners.2. The facts of the case are that one Chaitu Ram had seven sons. Two of his sons died issueless during his life time. Etwari, another son died leaving behind a son Kamla Ram, plaintiff No. 2. Chaitu Ram died some time between the years 1972 and 1974 leaving behind four sons, namely, Butai Ram, plaintiff No. 1 and Barhu, Gi...
Shila Devi Vs. the State of Bihar and ors.
Court: Patna
Decided on: Jun-24-1999
S.N. Jha, J.1. This writ petition has been filed seeking direction to the respondents not to terminate the services of the petitioner and a further direction to regularly pay her salary.2. This writ petition was filed on 12.9.89. On 17.4.90, it was admitted for regular hearing. No interim order was passed. In view of the fact that the writ petition was filed in the wake of apprehended termination of service in the light of the letters of the Water Resources Department, I wanted to know from the Counsel whether any letter of termination has been issued during the pendency of the case. Counsel replied in the negative. This writ petition accordingly has been heard on the assumption that the petitioner is still continuing in the service.3. From the facts stated in the petition it appears that the petitioner was engaged as Sweeper by the Executive Engineer, Design Division No. 4, Patna, on a consolidated salary of Rs. 75/- per month on casual basis on 17.4.80. The said engagement came to a...
Dr. Mohd. Qamruzzamma Quamar Vs. State and ors.
Court: Patna
Decided on: Jun-23-1999
Choudhary S.N. Mishra, J.1. After having heard the learned Counsel for the parties and going through the pleading filed on their behalf this writ application is being disposed of at the admission stage itself. The petitioner has been dragged to this Court twice for payment of retiral benefits who retired as Director, Deshi Chikitsa, Department of Health, Government of Bihar, on 31.1.90. A reference may be made to the order dated 22.7.93 passed by a Division Bench of this Court in C.W.J.C. No. 6183/91 a copy of which is made Annexure-5 to this writ petition. Admittedly the petitioner was appointed on the post of the Director by Government Order dated 1.7.87 a copy of which is made Annexure-7 to this writ application and the petitioner continued on the post till the date of retirement. The earlier writ petition was disposed of with a direction to pay all retiral dues with interest at the rate of 12% per annum from the date of retirement till the date of respective payments. The said ord...
Dr. Ram Krit Singh Vs. State of Bihar and ors.
Court: Patna
Decided on: Jun-22-1999
B.P. Singh, J.1. In this writ petition several reliefs have been prayed for by the petitioners, but at the hearing of the writ petition, counsel for the petitioner submitted that he would not press for other reliefs and would only challenge the notifications, Annexures 4 and 5 dated 19.9.1995 and 8.5.1995 whereunder respondents 4 and 5 have been posted as Project Director in the department of Science and Technology and Director of Science and Technology, respectively. It is, therefore, not necessary for me to notice the facts in detail which relate to the other reliefs prayed for in the writ petition.2. The case of the petitioner is that he was appointed as a Lecturer in Electrical Engineering at the Muzaffarpur Institute of Technology on 3.1.1966. He subsequently joined the Government Polytechnic at Ranchi on 11.1.1969 as Assistant Professor of Electrical Engineering. He thereafter worked as the Head of Department of Electronic Engineering on being selected by the Bihar Public Servic...
Manohar Singh and anr. Vs. Munni Lal Singh
Court: Patna
Decided on: Jun-22-1999
D.N. Prasad, J.1. This appeal is directed against the judgment and decree passed by the Subordiante Judge, III, Palamau at Daltonganj by which the learned Sub-Judge decreed the suit being Title Suit No. 91 of 1985.2. The case of the plaintiff/respondent in brief as stated in that Chaturi Singh, son of Shiva Singh was the survey recorded raiyat in respect of lands of khata No. 11 of village Kechaki, P.S. Barwadih, District-Palamau, who had two sons, namely, Ghinhu Singh and Kripa Singh and after the death of Chaturi Singh, both the sons Ghinhu Singh and Kripa Singh jointly came in possession of the lands of Khata No. 11. It is further claimed that in about the year 1930, both the sons of Chaturi Singh partitioned the land of each plot of khata No. 11 half and half and accordingly they came in possession over the respective shares. Ghinhu Singh died in about the year 1931 leaving behind his two sons, namely, Ram Tahal Singh and Radha Singh and a genealogical table has also been given, ...
Oswal Chemicals and Fertilizers Ltd. and ors. Vs. State of Bihar and o ...
Court: Patna
Decided on: Jun-22-1999
Aftab Alam, J. 1. Petitioner No. 1 is a company engaged in the manufacture and sale of ureain wholesale in different parts of the country, including the State of Bihar. It has come to this Court with this writ petition, along with one of its Directors and one of its employees, seeking to challenge the orders cancelling the certificate of registration granted to it under the provisions of the Furtilizer (Control) Order, 1985 (the F.C.O.' for short) for carrying on the business of selling fertilizer as a wholesale dealer in the State of Bihar. 2. The petitioner was given a notice to show cause why its certificate of registration be not cancelled for committing a number of Irregularities and violating, several directions issued by the authorities in making supplies of urea to this State during the Rabi season 1998-99. The show cause notice was issued by the Director, Agriculture in his capacity as the Registering Authority under the F.C.O. under his memo No. 21, dated 4-1-1999. The peti...
Lal Bahadur Musahar and ors. Vs. State of Bihar
Court: Patna
Decided on: Jun-22-1999
P.K. Sarkar, J.1. This criminal appeal has been preferred against the conviction and sentence passed by 6th Additional Sessions Judge in Sessions Trial No. 415/17 of 1984, whereby he found all the nine appellants guilty under Section 302 read with Section 149 of the Indian Penal Code and convicted and sentenced each of them to undergo rigorous imprisonment for life. He also found all the accused-persons guilty under Section 148 of the Indian Penal Code and convicted them accordingly, but no separate sentence for the aforesaid offence has been awarded. 2. The fact, in brief, leading to this appeal are as follows:On 15-11-1979 deceased-Sheo Prasad Singh and Ram Badan Singh with some others had gone to Masaudha Khandha of village Akbaipur for guarding the harvested and standing paddy crops. At about 7 p.m., while the deceased were sitting and gossiping under a neem tree in the Khandha, the informant (P.W. 9) and Mithilesh Singh (P.W. 6) saw some people suddenly coming from the northern ...
Khoshilal Mistry and ors. Vs. Ram Ratan Vishwakarma
Court: Patna
Decided on: Jun-22-1999
D.N. Prasad, J.1. This first appeal is directed against the judgment and decree passed by Shri V.N. Jha, the then Sub-Judge, III, Giridih in Partition Suit No. 19/87/45/88 by which the learned Sub-Judge decreed the Suit.2. The case of the plaintiff/respondent, in brief as stated is that the house bearing Municipal Holding land No. 314 under Ward No. IV of Giridih Municipality as described in Schedule of the plaint is the ancestral property of the plaintiff and defendants which was constructed by Titai Mistry, grand father of the plaintiff and father of the defendant Nos. 1 to 3. Titai Mistry died about 15 years ago leaving behind four sons/namely, Khoshilal Mistry, Raghu Mistry, Jageshwar Mistry and Dasrath Mistry, who succeeded him and came in possession of the house in suit jointly. Raghu died about 42/43 years ago leaving behind his only son, Ramratan, the plaintiff, who succeeded him and came in possession of the house in suit jointly with his uncles, defendant Nos. 1 to 3. The f...
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