Patna Court July 1999 Judgments
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Chhabinath Rai and ors. Vs. State of Bihar
Court: Patna
Decided on: Jul-07-1999
S.K. Chattopadhyaya, J.1. As these two appeals are directed against the common judgment of conviction and order of sentence passed by the 2nd Additional Sessions Judge, Arrah, in Sessions Trial No. 366 of 1982 and they have heard together, they are being disposed of by this common judgment.2. In Cr. Appeal No. 46 of 1987 sole appellant Jagdish Singh, who has been convicted under Sections 302/148, I.P.C. and 27 of the Arms Act and has been sentenced to rigorous imprisonment for life. In Cr. Appeal No. 596/86, there are nine appellants who have been convicted under Sections 302/ 149, I.P.C. and have been sentenced to undergo rigorous imprisonment for life. The appellants Gupteshwar Nath Rai, Ram Sunder Singh, Raghunath Rai have further been convicted under Section 148, I.P.C. and sentenced to undergo rigorous imprisonment for two years. Appellant Chhabinath Rai, Gupteshwar Nath Rai and Raghunath Rai have; further been convicted under Section 27 of the Arms Act and sentenced to undergo ...
Muni Lal Kumhar and ors. Vs. State of Bihar
Court: Patna
Decided on: Jul-07-1999
R.N. Sahay, J.1. This is an appeal against the judgment and order of the Sessions Judge, Gopalganj dated 18th September, 1986 in Sessions Trial No. 49/81, whereby the appellants before us, namely, Muni Lal Kumhar, Guru Dayal Kumhar, Jhagaru Kumhar and Mahesh Kumhar along with one Benchu Kumhar were charged and tried under Sections 302/34, I.P.C. for having committed murder of Suleman Hajam in furtherance of their common intention. They were also tried under Sections 323/34, I.P.C. for voluntarily causing hurt to Basiruddin Hajam and Chhedi Hajam. Jhagru Kumhar and Mahesh Kumhar were further charged under Section 325, I.P.C. for causing voluntarily grievous hurt to Chhedi Hajam. Muni Lal Kumhar was also charged under Section 148, I.P.C. for being armed with pharsa and the rest were charged under Section 147, I.P.C. for committing rioting.2. Benchu Kumar was acquitted while these appellants were convicted and sentenced to imprisonment for life and also convicted under Sections 323/34, ...
Nilamber Mishra and anr. Vs. Union of India (Uoi) and ors.
Court: Patna
Decided on: Jul-05-1999
1. Petitioners by way of Public interest Litigation have sought for appropriate writ, rule, order or direction commanding the respondent No. 1 to entrust the investigation into the allegations made against the respondent No. 10, Sulabh International, Patna and respondent No. 11, Bindeshwar Pathak, to the Central Bureau of Investigation.2. Petitioners claim themselves to be social workers interested in the welfare of the public at large. According to them, a large scale bungling has been done by the respondent No. 10 with the aid and assistance of the other respondents. The further claim of the petitioners is that the State Government has granted approval for handing over the investigation to the Central Bureau of Investigation but the respondent No. 1 is sitting tight over the matter with the result that no progress has been made in the matter so far. On the other hand, claim of the respondent No. 19 is that this writ petition is not maintainable as Public Interest Litigation as the ...
Arun Kumar Sinha Vs. State of Bihar and ors.
Court: Patna
Decided on: Jul-05-1999
M.Y. Eqbal, J.1. In this writ application, the petitioner has prayed for quashing the order dated 9-2-1996 as contained in Annexure-1 issued by the Deputy Commissioner, Hazaribagh whereby the petitioner has been suspended in purported exercise of powers under Rule 3(i)(ii)(iii) of the Bihar Subordinate Services (Conduct, Discipline & Appeal) Rules and further for a direction to the respondents to pay full salary to the petitioner since the date of suspension.2. Brief fact of the case is that at the relevant time, the petitioner was working as Assistant Accountant District Treasury Office, Hazaribagh. During that period it came to the notice of the respondents that there had been withdrawal of huge amount from different treasuries of the district by the Animal Husbandry Department and as a result of which F.I.R. was lodged against various officers of the Animal Husbandry department and the Treasury Department. Because of the aforesaid fact the Director, Treasury, Bihar, Patna issued a...
Prabhat Kumar Sharma Vs. Union Public Service Commission and ors.
Court: Patna
Decided on: Jul-05-1999
M.Y. Eqbal, J.1. In this writ application, the petitioner prays for issuance of an appropriate writ in the nature of mandamus calling upon respondents 3 and 4, namely, State of Bihar and the Deputy Commissioner, Dhanbad to issue a caste certificate in the prescribed form to the petitioner as a member of Scheduled Tribe and further for a direction to respondent Nos. 1 and 2, namely, the Union Public Service Commission and its Secretary to consider the case of the petitioner for appointment on reserved quota and recommending the name of the petitioner as member of the Scheduled Tribe for the purpose of filling up the post of civil services.2. Petitioner's case is that he is by caste lohar and is a matter of Scheduled Tribe and on the basis of the presidential order issued and published in the Extra Ordinary Gazette of India published on 29-11-1979 whereby all the members of Lohar and Lohra have been declared to be the members of Scheduled Tribes. Petitioner's further case is that pursu...
Baleshwar Prasad Sinha Vs. State and ors.
Court: Patna
Decided on: Jul-02-1999
Choudhary S.N. Mishra, J.1. Let the Director, Provident Fund, as well as the concerned District Provident Fund Officer be made as party respondents in this writ application.2. This is one of the unfortunate cases which shows the callous and mala fide attitude on the part of the State respondents in paying to G.P.F. amount to the petitioner who has retired from service on 30-11-87 as Head Master from the Middle School. It is submitted that the G.P.F. amount to the tune of Rs. 18,245.90 has not been paid to the petitioner as yet in spite of the repeated representations filed on his behalf. It is further submitted that no proceeding either departmental or judicial was ever initiated and/or pending against the petitioner. In this case, neither any one appears on behalf of the State-respondent nor any counter-affidavit has been filed on its behalf and as such, this writ application is being disposed of on the basis of the averments made therein. However, the learned Counsel on behalf of t...
S.V. Layall (Smt.) Vs. State of Bihar and ors.
Court: Patna
Decided on: Jul-02-1999
R.N. Sahay, J.1. By this revision application the petitioner who is an accused along with others in G.R. Case No. 392/90 seeks revision of the order dated 26-8-1993 of the Judicial Magistrate, who rejected the prayer of the petitioner and other accused for their discharge on the ground that there was no prima facie case for trial.2. G.R. Case No. 1392/90 was registered on the report of the District Education Officer, Patna alleging that the petitioner, who is ex-principal of Angus Girls Primary Teachers Education College, Patna, has been removed forcibly and she is residing in the quarter along with her family members. The complainant-District Education Officer reported that the Training College was a fake college. The allegation in the complaint petition is required to be stated in detail. According to the Report, Angus Women's Primary Teachers Training College, established in the year 1904 and recognized by the State Government, has been running in Lodipur mohalla in the town of Pa...
Shyamal Kishore Yadav Vs. the State and ors.
Court: Patna
Decided on: Jul-02-1999
S.N. Jha, J.1. In this writ petition the petitioner seeks direction to the respondents to publish his Teachers Training examination result.2. While admitting the petition for regular hearing on 25.7.90, this Court passed the following interim order:In the meantime the mark-sheet of the petitioner, if applied, be given to him within two months from the date of application therefor. In the remarks column of the mark-sheet of the petitioner 'pass' or 'fail' will not be filled up nor any certificate or degree or diploma be issued to the petitioner till the final disposal of this application.It is stated by the Counsel for the petitioner that in the light of the aforesaid interim order, the marks-sheet was supplied to the petitioner and as per the marks shown therein, he has obtained second division. However, he has not been declared to have passed, nor any certificate has been issued in view of the aforesaid interim order and pendency of this case.3. The controversy, it would thus appear,...
ibrar Alam Vs. the State of Bihar and Nooraisha Khatoon
Court: Patna
Decided on: Jul-02-1999
Nagendra Rai, J.1. The petitioner has challenged the order for payment of maintenance passed under Section 125 of the Code of Criminal Procedure (hereinafter referred to as the Code) in favour of his wife opposite party.2. The petitioner is aggrieved by the order dated 19.6.92 passed by the Judicial Magistrate 1st Class, Gaya in Misc. Case No. 95/89 (Tr. No. 353/92) whereby the petitioner of the said case has been directed to pay maintenance of Rs. 400/- per month to the wife opposite party Nooraisha Khatoon from 27.9.89, the date of filing of the application and the order dated 16th January, 1993 passed in Cr. Rev. No. 180/92 dismissing the revision application against the said order.3. The facts giving rise to the present application are that opposite party Nooraisha Khatoon was married with the petitioner on 6.1.83. At the time of marriage Rs. 25,000/- was spent to fulfil the demand of dowry made by the petitioner. After marriage she went to her husband's house. Thereafter, she wen...
Sanjay Kumar Alias Munna, Etc. Etc. Vs. the State of Bihar
Court: Patna
Decided on: Jul-01-1999
P.K. Deb, J.1. All these three appeals have been heard analogous as arise out of the common judgment dated 18.3.1989 passed by the then 3rd Additional Sessions Judge, Muzaffarpur in Sessions Trial No. 53 of 1988 convicting the appellants under Section 395 of the Indian Penal Code and sentencing them to undergo rigorous imprisonment for eight years. The accused-appellants although were charged under Section 412 of the Indian Penal Code but the said charge could not be proved beyond all reasonable doubt and, as such they have been acquitted of that charge.2. The prosecution case, in brief is that on 5.11.1986 at about 7.30 p.m. a dacoity was alleged to be committed at the official residence of Kanij Fatma the Principal of the girls training college of Muzaffarpur. It was also alleged that valuables like transistor, television with some ornaments had been looted away by the dacoits. When a hullah was raised at the place of occurrence the neighbouring people gathered all the accused perso...
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