Patna Court July 1999 Judgments
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Rakesh Ranjan Dubey Vs. Sunil Kumar and anr.
Court: Patna
Decided on: Jul-27-1999
S.K. Katriar, J.1. This application under Section 482 of the Code of Criminal Procedure, 1973, has been preferred by the sole petitioner above-named with the prayer to quash the entire prosecution including the order of cognizance and issuance of process dated 20-6-92, passed by the learned S.D.J.M., Jehanabad, in Case No. 50/92, bearing Trial No. 880/780 of 1992/ 93, wherein cognizance has been taken under Sections 406, 420 and 120B, I.P.C. against the petitioner and three others. Of the four accused-persons mentioned in the petition of complaint (Annexure-2), the petitioner is accused No. 3, his wife is accused No. 4, and brother of the petitioner is accused No. 1, and his wife is accused No. 2. For reasons best known to them, accused No. 3 (petitioner herein) has alone moved this Court.2. According to the allegations in the petition of complaint, accused No. 1 (Rajiv Nayan Dubey), and accused No. 3 (the petitioner herein), had opened a branch of North Eastern Finance Corporation L...
Lalji Prasad Rai Vs. State of Bihar and ors.
Court: Patna
Decided on: Jul-27-1999
S.K. Katriar, J.1. This is an application under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the Code) for quashing the impugned order of cognizance dated 20-5-93, passed by the learned Additional Chief Judicial Magistrate, Patna, in Digha P.S. case No. 45/93 whereby cognizance of the alleged offences has been taken under Sections 147, 149, 307, 342, 323, 109 & 504, I.P.C., and the accused-persons have been summoned to stand their trial.2. One Suresh Singh, the Personnel Manager of Data India Limited Digha Ghat Patna lodged a First Information Report with Digha police station, which appears to be in his official capacity, for and on behalf of Bata India Limited, which owns a factory in Digha Area of Patna. According to the allegations, Mr. Rizzo, Senior Vice-President, Bata International Toronto, Canada, Mr. D.M. Merchant, Regional Co-ordinator of the Region, and Mr. G.C. Bahuguna, Executive Director, Bata India Ltd., were on inspection visit of the...
Dinesh Kumar Yadav Vs. State of Bihar and ors.
Court: Patna
Decided on: Jul-27-1999
Aftab Alam, J.1. Multiplicity of legislation tends to create jurisdictional penumbra where one is not quite clear whether it is open to him to take an action or whether that particular action lawfully belongs to some other authority. In that circumstance an act done with perfect good intent and in larger public interest may yet fall down on grounds of being unauthorised by law. This is what appears to have happened in this case.2. Having regard to the rapid development of Rajgir as a place of historic, religious and tourist attraction the district administration constructed there a bus stand at an expense of Rs. 27 lakhs. The District Magistrate, Nalanda then issued an order under his memo No. 586, dated 16-9-1998 directing that vehicles carrying passengers or tourists must stop at the designated bus stand and no where else. It was also directed that the vehicles would pay fees at rates prescribed in that order. This order is sought to be challenged by the petitioner who is a passenge...
Pyrites, Phosphates and Chemicals Ltd. and ors. Vs. State of Bihar and ...
Court: Patna
Decided on: Jul-27-1999
Aftab Alam, J. 1. The question that arises for consideration in this case is whether the provision of Sub-section (5-A) introduced in Section 20 of the Minimum Wages Act by a State amendment would also apply at the stage of appeal or the application of the provision is confined to the proceedings only at the original stage.2. The Labour Enforcement Officer filed a claim on behalf of 64 workmen before the Assistant Labour Commissioner, Dalmia-nagar, Rohtas under Section 20 of the Minimum Wages Act against the petitioner-company in its capacity as the principal employer. The claim was registered as Case No. MW 66/1996. The Assistant Labour Commissioner by order, dated March 31, 1997 allowed the claim holding the 64 concerned workmen entitled to receive different amounts (totalling to a sum of Rs. 3,11,053.46) as foe difference between the wages payable and the wages actually paid to them. He accordingly directed the petitioners to make payment of the respective amounts to each of the c...
Braj Kishore Tiwary Vs. State of Bihar
Court: Patna
Decided on: Jul-27-1999
M.L. Visa, J.1. This appeal is directed against the judgment and order dated 13th January, 1987 passed in Sessions Trial No. 51 of 1978 by 1st Additional District & Sessions Judge, Saran, Chapra, convicting and sentencing the appellant to undergo life imprisonment under Section 302/34 of the Indian Penal Code.2. The facts of the prosecution case, in short, are that on 4-3-76 at about 7-7.15 p.m. there was an uproar in the student class of Jyoti Cinema Hall situate at Chapra, P.S. Town, District Saran, that a boy had become unconscious. At that time, the evening show from 6 p.m. to 9 p.m. was going on. The boy was brought out from the Student Class by a man who claimed himself to be uncle of that boy. The boy was taken to the office of the Manager of Cinema Hall where drops of water were sprinkled on his face and the boy then vomitted and thereafter he regained some consciousness but before the could reply to the questions about his name and address, he again became unconscious. In th...
Birendra Kumar Sharma Alias Birendra Kuer Vs. the State of Bihar and o ...
Court: Patna
Decided on: Jul-27-1999
Sudhir Kumar Katriar, J. 1. This criminal writ petition has been preferred for and on behalf of the petitioner above-named for issuance of an appropriate writ to quash the prosecution arising out of Chanpatia P. S. Case No. 110 of 1992 against the petitioner and others, wherein allegations have been levelled under Sections 341, 342, 452, 307, 364, 376, 325/34 of the Indian Penal Code. The petitioner has moved this Court during the course of investigation of the police case.2. Respondent No. 4, Ramawati Devi, had filed a petition of complaint (Annexure 1) in the Court of the learned Chief Judicial Magistrate, Bettiah, on 4-3-92, wherein allegations had been levelled against the petitioner and others under Sections 307, 323, 325, 376 and 452, IPC, inter alia, for illegal confinement and repeated acts of rape on her between 14-1-92 to 28-2-92. According to the allegations levelled therein, the complainant (respondent No. 4 herein) along with 3-4 other girls had gone to the petitioner's...
Raj Kishore (Substituted) Vs. State of Bihar and ors.
Court: Patna
Decided on: Jul-27-1999
Narayan Roy, J.1. Heard Mr. D.N. Pandey, learned Counsel for the petitioner and Mr. K.N. Gupta, learned Counsel for the respondent No. 2.2. An order passed under Section 33(2)(b) of the Industrial Disputes Act (hereinafter referred to as 'the Act') is under challenge in this writ application.3. Learned Counsel appearing on behalf of the petitioner submitted that the application for approval under Section 33(2)(b) of the Act was filed, before the petitioner was dismissed. Learned Counsel further submitted that the petitioner was dismissed without paying one month salary to him, as required under the Proviso to Section 33(2)(b) of the Act. Lastly, learned Counsel for the petitioner submitted that there was no fair inquiry and there was denial of principles of natural justice to the petitioner and, therefore, approval accorded by the respondent No. 3, Deputy Labour Commissioner, Muzaffarpur as contained in Annexure-1 is wholly unwarranted and without jurisdiction. Learned Counsel furthe...
Achhelal Koeri Alias Achhelal Prasad and ors. Vs. State of Bihar
Court: Patna
Decided on: Jul-27-1999
R.N. Prasad, J.1. The appeal has been preferred against the Judgment and order dated 13-1-1987 passed by 1st Addl. Sessions Judge, Gopalganj in S.T. No. 34/81 of 1985, whereby all the appellants have been convicted for the offence under Section 302/34 of the Penal Code and have been sentenced to undergo imprisonment for life. They have further been convicted for the offence under Section 201 of Penal Code and have been sentenced to undergo R. I. for seven years and also to pay a fine of Rs. 500/-each, in default of payment of fine to undergo R. I. for one year each. Appellant-Kanhaiya Koeri and appellant-Krishna Bin have further been convicted for the offence under Section 364 of the Penal Code and have been sentenced to undergo imprisonment for life.2. The prosecution case is that one Bhagan Baitha gave his fardbeyan at his village Niranjana on 29-2-1985 at 5 p.m. before the Sub-Inspector of Police of Jadopur Police Station stating therein that he and his son Bikrama Baitha on 28-12-...
Jayesh Thakur and anr. Vs. Smt. Anju Bhatta
Court: Patna
Decided on: Jul-27-1999
R.N. Sahay, J.1. Respondent Smt. Anju Bhatta, wife of appellant Jayesh Thakur filed an application under Section 13(1)(a) of the Hindu Marriage Act seeking divorce. The ground for divorce was cruelty. Notice on the application was issued to the appellant. Notice was received by the appellant but he did not appear to contest the case. The appellant appeared on 11-9-1995 and filed a petition for time. The case was adjourned to 4-11-1995. On that date, i.e. 4-11-1995 the respondent was present. The appellant was absent. The appellant had filed an application for recalling of the order of listing the case for ex parte hearing. The petition was not moved and no order was passed on the application, the case was adjourned to 5-12-1995 for ex parte hearing. On 5-12-1995 also the appellate was absent. Counsel did not move the application filed earlier for recall of order of ex parte hearing. On 3-2-1996 the Court concerned fixed the case for ex parte hearing on 11-3-1996. On 20-4-1996 the cas...
Jogendra Pandit @ Yogendra Pandit Vs. State of Bihar
Court: Patna
Decided on: Jul-23-1999
P.K. Deb and D.P.S. Choudhary, JJ.1. This appeal has been preferred by the above named sole accused-appellant against the judgment and order passed by the then Sessions Judge, Katihar in Sessions case No. 145 of 1990 on 12-3-1991 convicting the accused-appellant and sentencing him rigorous imprisonment for life under Section 302, I.P.C. for committing murder of his father Bhajju Pandit intentionally.2. The prosecution case in brief is that the deceased Bhajju Pandit had four sons. The accused-appellant Jogendra Pandit, informant Jyotish Pandit, P.W. 7 Nabin Chandra Pandit and another were the sons of the deceased Bhajju Pandit. About a year before the occurrence, the accused-appellant Jogendra Pandit allegedly by impersonating somebody else got some lands of Bhajju Pandit, being sold in the name of his son and wife and when the same came to the notice of Bhajju Pandit he lodged not only a civil suit but also criminal case of forgery against the accused-appellant Jogendra Pandit and s...
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