Patna Court July 1999 Judgments
Smt. Rekha Gupta Vs. Bihar State Electricity Board and ors.
Court: Patna
Decided on: Jul-30-1999
R.N. Prasad, J.1. The writ petition has been filed for quashing the order contained in letter No. 241 dated 23-6-1998, Annexure-1, whereby respondent No. 4 rejected the petition tiled by the petitioner for new electric connection dated 5-5-1998 and also for issue of a direction to the respondents to provide electric connection to the petitioner forthwith.2. One Dr. Mrs. Saroj Rani Sinhawas owner of Municipal Survey Plot Nos. 1367, 1368 and 1369, Holding No. 1248/845 of 1984-85 situated at Mohalla East Lohanipur, Patoa. She executed power of attorney in favour of B.N. Sinha, respondent No. 5. One Raj Kumar S/o Ram Swaroop Singh was a tenant in the said premises. He established a press, namely, Anokha Printing Works. He was provided electric connection bearing consumer No. 16-32605406-A. He did not pay electric dues and vacated the premises in the year 1995-96. The petitioner purchased a portion of the said building measuring an area 10 dhur by a registered sale-deed dated 17-12-1997 f...
Tag this Judgment!Kedar Nath Singh Vs. State of Bihar and ors.
Court: Patna
Decided on: Jul-30-1999
N. Pandey, J.1. Heard both sides.2. This writ petition has been filed for quashing the order dated 28-8-1997 (Annexure-1) passed by the Commandant General, Homeguards. Bihar, Patna, whereby while rejecting the appeal, he enhanced the punishment from reversion to dismissal from service.A prayer has also been made to quash the order of the disciplinary authority dated 23-11-1989 (Annexure 2) whereby after considering the inquiry report, he recorded an order of reversion against the petitioner.3. The petitioner at the relevant time was working as Inspector, Homeguards. While he was posted at Khagar, an application was filed by some of the Homeguards Jawans alleging that the petitioner used to charge some illegal money from the Jawans in order to post them at suitable places. On the basis of such allegation, a regular proceeding was started and the petitioner was placed under suspension Ultimately, the Conducting Officer having found the petitioner guilty, submitted a report on 26-7-1986...
Tag this Judgment!Kanhai Yadav Vs. State
Court: Patna
Decided on: Jul-29-1999
R.N. Prasad, J. 1. The appellant has preferred this appeal against the judgment and order dated 2-3-1987 passed by 9th Addl. Sessions Judge, Munger in S.T.No. 145/81 whereby the appellant has been convicted for the offence under Section 302 of the Indian Penal Code and has been sentenced to undergo imprisonment for life.2. The prosecution case is that one Shyam Nandan Singh gave his fardbeyan on 6-7-1979 at 11.45 p.m. that he resides with family at Sultanganj. He got information that his father has been killed. He came to his house at Mirzapur and found his father dead. He also found injury on the neck and blood on the clothes. Many people of the village came and from them he learnt that in the morning his father had gone to Tarapur for irrigation. He was an old man and as such he was taken on bullock-cart by cart-man Kanhai Yadav, the appellant. He returned in the evening. From the door of Babanlal Sah his father was coming on foot along with Kanhai Yadav. On way when he reached at M...
Tag this Judgment!Paras Kumhar Vs. State of Bihar
Court: Patna
Decided on: Jul-29-1999
M.L. Visa, J. 1. This appeal by sole appellant is directed against the judgment and order dated 16th January, 1987 passed by 2nd Additional Sessions Judge, Arrah in Session Trial No. 328/83 convicting and sentencing the appellant to undergo imprisonment for life under Section 302 of I.P.C.2. The brief facts of the case of prosecution are that on 23-6-83 at about 7.15 p.m. the informant Hare Ram Kumhar along with Md. Israil, Md. Sharif, Sri Vishnu Tatwa (none examined), Ram Chand Kumar (PW 4) and Radha Mohan Prasad (PW 5) went to the police station with dead body of his father and lodged an F.I.R. stating therein that on the same day at about 5.30 p.m. a 'panchayati' was held to resolve the dispute between his deceased father and appellant on the point of flow of water from the drain of the house of appellant which was attended by the deceased and appellant. Bihari Kumar and -Motilal Marwari (who were co-accused in this case and faced trial along with the appellant but have been acqui...
Tag this Judgment!Pawan Keot Vs. Ranglal Keot and ors.
Court: Patna
Decided on: Jul-28-1999
Gurusharan Sharma, J.1. Gendia Keotin, the original plaintiff filed Title Suit No. 8 of 1975 against defendants for declaration of title and recovery of possession over the suit land, detailed in Schedules A and B to the plaint, which was decreed. Title Appeal Nos. 31 and 39 of 1977 were filed by two sets of defendants. Title Appeal No. 31 of 1977 filed by defendants 1 and 2 was allowed, whereas Title Appeal No, 39 of 1977 was dismissed, but its dismissal had no effect on result of suit, which was dismissed.2. According to plaintiff, both Bishu Keot and Ambhu Keot were full brothers. Ambhu Keot was issueless, so in the year 1936 he adopted his nephew, Baijnath Keot, son of Bishu Keot as his son. Baijnath Keot died in the year 1958, leaving behind his widow, Gendia Keotin.3. Defendants 1 and 2 contested the suit. According to them neither Ambhu Keot was brother of Bishu Keot nor he (Ambhu Keot) had adopted Baijnath Keot as his son. Ambhu Keot died issueless leaving behind his widow La...
Tag this Judgment!Kanhaiya Lal Gandhi @ K.L. Gandhi Vs. Steel Authority of India Ltd. an ...
Court: Patna
Decided on: Jul-28-1999
M.Y. Eqbal, J.1. In this writ application, the petitioner has prayed for quashing the order dated 8.11.75 (Annexure 6) issued by the respondent-Managing Director terminating the services of the petitioner and further for quashing the order dated 18.10.97 passed by the said Managing Director as being illegal and void and also for a declaration that the petitioner is entitled to notional benefits of promotion to different grades and is entitled to get all consequential benefits.2. The fact of the case lies in a narrow compass.The petitioner was initially appointed in the Indian Ordnance Factory, Khamaria under the Ministry of Defence and holding post of L.D.C. and was granted informal lien/protection by order dated 27.9.56. The petitioner was subsequently released from Ordnance Factory and joined to Bhilai Steel Project sometime in the year 1956. After the establishment of M/s. Hindustan Steel Ltd. the petitioner was transferred some time in 1961 as Head Assistant and was directed to re...
Tag this Judgment!Ghanshyam Singh and ors. Vs. State of Bihar
Court: Patna
Decided on: Jul-28-1999
M.L. Visa, J.1. These two appeals have been heard together and are being disposed of by this common judgment as they arise out of the same judgment and order dated 28-11 -1986 passed by Vth Additional Sessions Judge, Munger in Sessions case No. 160/85 and Sessions Case No. 468/ 85 convicting and sentencing the 'appellants to undergo imprisonment for life under Sections 302/34 of I.P.C. and R.I. for 5 years each under Section 27 of Arms Act. Appellant Batoran Singh has been further convicted and sentenced to undergo imprisonment for life under Section 302, I.P.C. The different sentences passed against all the three appellants have, however, been ordered to run concurrently.2. The brief facts giving rise to these appeals are that on 11-7-84 at about 4.00 p.m. the informant Pandey Singh (P.W. 2) got his fardbeyan (Ext. 2) recorded by S.I. Arun Kumar Keshri (P.W. 4) at the house of Saudagar. Sah situated at Village Ramchandrapur, P.S. Lakhisarai, District Munger stating therein that on t...
Tag this Judgment!Smt. Sonahula Devi Vs. State of Bihar and ors.
Court: Patna
Decided on: Jul-28-1999
R.N. Sahay, J.1. Petitioner is the second daughter of Shri Kam Kumar Dubey of village Lakhan Dehra, P.S. Dumraon, district Bhojpur. She was married to Shri Sarbdeo Upadhyaya in the year 1956. At the time of her marriage 4.48 acres land was gifted by her father in the Khoinchha. However, the gift was duly registered on 29-7-1970, The petitioner claims to be in cultivating possession of the land since the year 1956 after land was transferred to her at the time of her marriage. During Chakbandi operation in the year 1972, separate Chaks were allotted and Khatas were opened in favour of the petitioner.2. It appears that in the year 1979, Land Ceiling Case No. 48 of 1979 was started against the father of the petitioner in which the land gifted to the petitioner was shown with the land of her father. Father of the petitioner filed objection in the land ceiling case to the effect that land of the petitioner has been wrongly tagged because since the day of her marriage in 1956 the land is in...
Tag this Judgment!Naba Kumar Sarkar and ors. Vs. Smt. Raj Devi and ors.
Court: Patna
Decided on: Jul-28-1999
M.Y. Eqbal, J.1. This appeal by the defendants tenant is directed against the judgment and decree dated 25-3-1988 passed by the 3rd Additional District Judge, Dhanbad in Title Appeal No. 21 / 80 confirming the judgment and decree dated 6-3-1980 passed by Munsif, 1st Court, Dhanbad in Title Suit No. 92 of 1979, whereby suit filed by the plaintiff/respondent for a decree for eviction on the ground or default in payment of rent has been decreed.2. This appeal was admitted on the following substantial questions of law:Whether the appellants can be said to be defaulter when he used to remit rent before it became due and which used to be refused by the landlord.3. The case of the plaintiffs inter-alia is that the defendant were inducted in the suit premises on monthly rent of Rs. 25/- and the tenancy was running according to English calendar month. It is alleged that defendants paid rent up to November 1977 to the deceased Parmeshwar Dutt Pandey who died on 2-1-1978. From December 1977, de...
Tag this Judgment!Hari Narayan Gupta and ors. Vs. Heavy Engineering Corporation Ltd. and ...
Court: Patna
Decided on: Jul-28-1999
M.Y. Eqbal, J.1. Since in all these writ petitions petitioners who are retired employees have prayed for common relief the said writ petitions are disposed of by this order.2. The petitioners who are the ex-employees of respondent M/s. Heavy Engineering Corporation Ltd. have prayed for issuance of appropriate writ commanding upon the respondent to give to the petitioners benefit of revised pay-scale, Dearness Allowances, etc. in pursuant of the decision of the Management as contained in Circular No. 5/97 dated 9-10-1997 along with all the consequential benefits.3. The petitioners took voluntary retirement under the voluntary retirement Scheme laid down in Circular No. 15/90 dated 22-10-1990. Petitioner's case is that on the earlier occasion vide Circular No. 2/91 dated 14-8-1991, there had been revision in scale of pay, dearness allowances, etc. in respect of the Executive/Employees in the equivalent salary grade which was effective from 1-1-1987 to 31-12-1991 in which benefits of re...
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