Patna Court August 1999 Judgments

Chandra Kala Devi and ors. Vs. Mostt. Deopari Devi and ors.

Court: Patna

Gurusharan Sharma, J.1. Plaintiff filed Title Suit No. 89 of 1980 for eviction of defendants from the suit house, described at the foot of the plaint and for realisation of arrears of rent with interest and costs. Suit house consisted one room facing east standing over R.S. Plot No. 8521, corresponding C.S. Plot No. 5681, situated at Hayaghat Bazar within Darbhanga district.2. Admittedly, the suit plot was recorded as Gairmazrua Malik in C.S. Khatian. According to plaintiff, the then landlord, namely, Darbhanga Raj made settlement thereof to Babulal Choudhary, who had executed a registered Kabuliat thereby on 1-12-1909 in favour of Raj. Subsequently, plaintiff purchased it by registered deed dated 13-10-1970 from settlee.3. Plaintiff's further case was that defendant was inducted as tenant in the suit, premises in the year 1977. He defaulted in payment of rent from 5-9-1970 to 4-8-1980 and as such he was liable to be evicted under Section 12(l)(d) of the Bihar Buildings (Lease, Rent ...

Goutam Singh and ors. Vs. Central Coalfields Ltd. and ors.

Court: Patna

R.A. Sharma, J.1. As in both these appeals, the question involved is the same, namely, the quantum of Court fee to be paid in a writ petition filed under Article 226 of the Constitution of India by more than one person, they were heard together and are being decided by this common judgment.2. Six appellants in L.P.A. No. 47/99R along with 17 others filed a writ petition being C.W.J.C. No. 2814/98R with one set of Court fee before this Court seeking appropriate writ or direction upon the respondents to reinstate them, regularize their services and pay them salary at par with the other regular employees working under the Central Coalfields Ltd. There was also prayer for payment of back wages upon their reinstatement in service. On an objection being raised regarding deficiency of Court fee, a learned Single Judge, vide order dated 25.1.99, held that the petitioners therein are to pay separate Court fee for their separate reliefs. As regards payment of Court fee by such petitioners who a...

Ram Nath Nonia Vs. State of Bihar

Court: Patna

M.L. Visa, J. 1. This appeal by sole appellant Ram Nath Nonia is directed against the judgment and order dated 4-2-1989 passed by the Sessions Judge, Gopalganj in Sessions Trial No. 44 of 1988 convicting and sentencing the appellant to undergo R.I. for life under Section 302 of IPC.2. Briefly stated the prosecution case is that on the night of 27-5-87 Jagernath Nonia, son of informant after taking meal was sleeping on a cot in a 'sahan' (open land) situated north to the house of appellant whereas his mother, informant, (PW 3) was sleeping in the 'angan' of her house. At about 2.00 AM in the night the informant woke up on hearing some moaning sound (in Fardbeyan, sound of cutting) and when she came out of her house she found the appellant giving a 'garasi' (an axe) blow on the neck of her deceased son Jagernath Nonia and she further found that he had already given some more 'garasi' blows on her son. When the informant raised alarm and tried to catch hold of appellant the appellant ra...

Amod Ranjan Sinha Vs. State of Bihar and ors.

Court: Patna

S.K. Chattopadhyaya, J.1. The petitioner in this application has prayed for quashing the notification dated 20-7-96 by reason of which, the Water Resources Department directed to recover Rs. 3 lakh which, according to the department, is seventy per cent of the total loss of Rs. 4 lacs approximately from the pensionary benefits of the petitioner. Further prayer has been made to direct the authorities to pay the balance amount of post retirement benefits including 10 per cent pension, full gratuity and other dues. He has also prayed for a direction for payment of full salary for the period 1-1-1995 to 23-2-1995 during which the petitioner, even after retirement, was directed to continue to work in the same post. Prayer for interest (a.; 10% has also been made.2. Some factual backgrounds may be necessary to be stated for appreciation of the contention raised by the pasties.3. The petitioner was initially appointed to the post of Assistant Engineer in the Water Resources Department (here...

Bhushan Manjhi Vs. State of Bihar

Court: Patna

A.K. Prasad, J.1. This appeal, at the behest of the sole appellant is directed against the judgment and order dated 16-2-1990 in S.T. No. 196of 1985, which was tried analogous with S.T. No. 206 of 1986, passed by Sri D.N. Chakraverty, the then Additional Sessions Judge, Ist Court, Jamshedpur, whereby and whereunder the appellant has been convicted under Sections 302 read with 149 of the Indian Penal Code and has been sentenced to undergo rigorous imprisonment for life.2. Briefly stated, the prosecution case, as made out in the fardbeyan (Exhibit 3), is as under:On 21-8-1983, around 6.00 p.m., Binder Paswan (the deceased) Forest Guard, Nutandih Sub-beat Office, was returning in the company of Sailendra Kumar Singh (PW-2), another forest guard in Nutandih, Sub-beat Office, after doing marketing, from the village HAT. When on the way they reached in the middle of Nutandih forest, they saw the appellant, co-accused Naren Laguri and ten other named accused, variously armed with lathi and ...

Coal Mines Officers' Association of India, A Registered Trade Union Vs ...

Court: Patna

1. In this writ application, the petitioner, Coal Mines Officers' Association of India, a Trade Union registered under the Trade Union Act, 1926, has prayed for quashing of the directions issued by respondent-Deputy Commissioner of Income-Tax vide his letters, dated 11-3-99 and 17-3-99, as contained in Annexures-3 and 3/A, respectively, to this writ application, whereby the Director (Finance), Bharat Coking Coal Limited has been directed to include the Coal-fields allowance in the taxable income of the employees and deduct the tax accordingly from the income at source with effect from 1-7-95. A further prayer has been made for a direction to give effect to the provision of Section 10(14) of the Income Tax Act, 1961 as amended from time to time and Rule 2-BB of the Rules framed thereunder. Mr. Poddar, learned Counsel for the petitioner has challenged the aforesaid directions on various grounds, but ultimately, he confined his argument and prayed for quashing of only that part of the or...

Kameshwar Prasad Choudhary Vs. State of Bihar and ors.

Court: Patna

Reported in: 1999(3)BLJR2141

1. This M.J.C. application has been filed alleging non-compliance of the order dated 3-7-97 passed in C.W.J.C. No. 3151/93 by a Bench of this Court. The Additional Advocate-General No. 3 appears on behalf of the opposite parties and has already filed show-cause on behalf of O.P. No. 4, Special Officer, Biharsharif Municipality, Biharsharif.2. The brief facts leading to this application is as follows. The petitioner was appointed as Assistant Tax Daroga in Biharsharif Municipality in January 1959 and his date of birth was recorded as 5-8-43 in his Service Book on the basis of his School Leaving Certificate. Subsequently, the petitioner started functioning as Tax Daroga since the year 1989. However, as one Sukhdeo Prasad was to be appointed as Tax Daroga, being an Ex- Military man, the petitioner was reverted to the post of Assistant Tax Daroga. So, he filed a writ application before this Court bearing C.W.J.C. No. 16/92 which is pending for hearing. Subsequently, at the instance of the ...

Lalita Devi and anr. Vs. State of Bihar and ors.

Court: Patna

Radha Mohan Prasad, J.1. Since in both the writ petitions, grievance of the petitioner is the same and the question involved is also common, with consent of the parties they have been heard together and are being disposed of by this common order.2. In both the writ petitions, petitioner claims to be the widow of the deceased Government servant who died in harness on 30th May, 1975 and 25th September, 1971 respectively. Short facts are that the deceased-husband of the respective-petitioners were appointed as Teacher in the year 1961. The deceased-husband of the petitioner Lalita Devi was appointed in Primary School, Bharhat under the Employment Improvement Programme, and the husband of the petitioner Shakuntala Devi was appointed in Amar Adarsh Middle School, Ramgajiya, Arrah Municipality. Arrah in the district of Bhojpur. Both the schools were taken over by the State government with effect from 1-1-1971 and the teachers of the said schools were treated as Government servant.3. Accord...

Md. Qudus and anr. Vs. State of Bihar

Court: Patna

M.L. Visa, J.1. This appeal is directed against the judgment and order dated 2-5-1989 passed in Sessions Case No. 6/89 by 3rd Additional Sessions Judge, Saharsa convicting and sentencing both the appellants to undergo R.I. for a period of 10 years each under Section 395 of I.P.C.2. The prosecution case in short is that in the night on 13-7-88 at about 12.00 O'Clock the informant Jagrup Safi (P.W. 2) was sleeping in his house when 8-10 miscreants entered in his house and one of them after flashing a torch on his face awoke him and asked whether he (informant) identified bun and on giving negative reply by the informant that miscreant asked him to remain quiet. Two miscreants entered the house and brought out a box on which the daughter-in-law of informant raised alarm and when the informant tried to get up the miscreant, who was standing on his side gave a blow to him by a stick. The daughter of informant, was also assaulted by the miscreants by means of stick and when neighbours afte...

Ganga Paswan and ors. Vs. State of Bihar

Court: Patna

S.K. Katriar, J.1. These two appeals arise out of a common judgment dated 7-9-89 passed by Mr. Ramchandra Prasad, 6th Additional Sessions Judge, Sasaram, in Sessions Trial No. 500/86 State v. Dip Narayan Paswan and two Ors., whereby Dip Narayan Paswan had been convicted under Section 302 of the Indian Penal Code as well as under Section 27 of the Arms Act. Appellants Ganga Paswan and Bangali Paswan have been convicted under Section 302, I.P.C. read with Section 34, I.P.C. and also under Section 27 of the Arms Act. Appellant Dip Narayan Paswan has been sentenced to undergo imprisonment for life for conviction under Section 302, I.P.C, Appellants Ganga Paswan and Bangali Pawan have been sentenced to undergo imprisonment for life for conviction under Section 302, I.P.C. read with Section 34, I.P.C. All the three accused-persons have also been sentenced to undergo rigorous imprisonment for three years each for committing the offence under Section 27 of the Arms Act. All the sentences hav...