Patna Court September 1999 Judgments
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State of Bihar and ors. Vs. Ranjeet Kumar Chatterjee
Court: Patna
Decided on: Sep-20-1999
S.K. Katriar, J.1. This application under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'the Code'), at the instance of the two petitioners is directed against the order dated 22-5-92, passed by Sri Satya Prakash Judicial Magistrate, Pakur, in P.C.R. Case No. 173/91/T.R. Case No. 362/92, whereby cognizance of the alleged offences has been taken under Section 384 of the Indian Penal Code and the accused, the petitioners herein, have been summoned to stand their trial.2. According to the allegations in the petition of complaint, the sole opposite party herein (the complainant) is the owner of a Petrol Station known as Pakam Service Station at Pakaur who had purchased Mobil oil from the depot of Hindustan Petroleum Corporation, Mithapur, Patna, on 30-9-91, valued at Rs. 1,90,001/-. The same was loaded over a truck belonging to one Niranjan Pandey (described in the petition of complaint as P.W. 1, for transportation to Pakaur. One Naresh Raut (described ...
Kamper Concast Ltd. Vs. Bihar State Electricity Board and ors.
Court: Patna
Decided on: Sep-20-1999
1. These two writ petitions are filed by the same petitioner which is a company incorporated under the Indian Companies Act. The petitioner has a High Tension Industrial connection for running an induction furnace. It first filed CWJC No. 8802/ 1999 challenging the disconnection of its electricity line pursuant to inspections held on August 26 and 27, 1999 followed by the Institution of an FIR in which it is alleged that the petitioner was engaged in theft of electricity. Before any order could be passed in that case, the petitioner was given a bill, dated 31-8-1999 for a sum of Rs. 5,88,61,757.00. The impugned bill is raised on the basis of the penal provisions as contained in clause 16.9 of the tariff pursuant to the charge of theft of electricity on the basis of the inspection reports and some other materials as would be indicated hereinafter. It then filed CWJC No. 9061/1999challenging the demand made in the bill dated 31-8-1999 (Annexure 14 to the second writ petition). 2. Thes...
Gauri Shankar Verma Vs. State of Bihar and ors.
Court: Patna
Decided on: Sep-20-1999
Aftab Alam, J. 1. There is a single petitioner before this Court who seeks to challenge an order dated 2-8-1999 (Annexure 1) passed by the Vice Chairman, Patna Regional Dev. Authority ('the Authority', hereinafter) in Case No. 12167/1996. By the Impugned order the petitioner is directed to surrender, for widening of the lanes, strips of land 5' 6' deep on the northern side and 5' deep on the eastern side of his plot, over which his residential house is constructed. The order further states that on petitioner's failure to surrender the strips of land as directed, those will be taken over by force, with the help of armed forces and, if so required, by demolishing portions of his house, the cost of which would also be realised from the petitioner. 2. The Authority in purported compliance with the directions given by this Court appears to be engaged in the widening of a lane, called the 'Nutan Chetan School Lane' going eastwards from Yarpur road. In that connection the petitioner was earl...
Arbind Shah @ Ghultu Sah Vs. State of Bihar
Court: Patna
Decided on: Sep-20-1999
R.N. Sahay, Member (J) 1. Appellant Arbind Sah @ Ghultu Sah aged about 25 years has been convicted under Section 8(c) read with Section 21 of the NDPS Act and sentenced to ten years RI.2. In this case, 240 mg. of heroin were recovered from the possession of the appellant. The first contention of the learned Counsel for the appellant is that since small quantity of Narcotic substance was recovered from the possession of the appellant which is covered by Notification No. 0.827 (E), dated 14.11.1985 issued by the Ministry of Finance, Department of Revenue, Penal provision of Section 27(a) would be attracted and in that case maximum punishment is one year. It is contended that the sentence of 10 years is illegal. Smallness of quantity is a circumstance justifying inference of the person in possession being an addict and possessed the drug to satisfy personal craving for consumption, provision of Section 27 would be attracted.3. Bombay High Court in 1993 Cr.L.J. 3264 (DB) held that when 5 ...
Eqbal Alam and anr. Vs. State of Bihar and anr.
Court: Patna
Decided on: Sep-17-1999
S.K. Katriar, J.1. This application at the instance of two accused-petitioners under Section 482 of the Code of Criminal Procedure, 1973, is directed against the order dated 12-4-94, passed by the learned Additional Sessions Judge, Nalanda, at Biharsharif, in Cr. Revision No. 621 of 1992, whereby the revision application has been dismissed, and the order dated 1-10-92, passed by the learned Chief Judicial Magistrate, Nalanda, in complaint case No. 404-C/92, has been upheld. The learned CJM by the said order dated 1-10-92, has taken cognizance of the alleged offences under Sections 120B, 109, 406 and 420, I.P.C., and has summoned the petitioners herein to stand their trial.2. According to the allegations in the petition of complaint, O.P. No. 2 herein, the complainant, is the second wife of her late husband, late Rafiqe Alam. Her husband was a prosperous businessman who died a premature death leaving behind a large corpus of properties. He left behind his first wife with seven childre...
Mansoor Ansari and anr. Vs. State of Bihar
Court: Patna
Decided on: Sep-17-1999
M.L. Visa, J. 1. Both these appeals have been heard together and are being disposed of by this common judgment as both arise out of the same judgment and order dated 10th April, 1995 passed in Sessions Trial No. 212/1991/139/1994 by 6th Additional Sessions Judge, Begusarai convicting and sentencing the appellant Mansoor Ansari to undergo life imprisonment under Section 302, IPC and RI for 7 years under Section 27 of Arms Act and appellant Shanker Sahni to undergo life imprisonment under Section 302/34, IPC. The sentences passed against appellant Mansoor Ansari have been ordered to run concurrently.2. The case of prosecution in short is that on 13-7-90 the informant Md. Arshad Ali (PW 9) along with his family had gone to his 'sasural' at Village Sujanpur P. S. Garhpura within the district of Begusarai to attend the marriage of his brother-in-law Md. Samad Ansari and since then he was there. On 5-8-90 after taking meal he and his brother-in-law Md. Samad Ansari were sitting on a 'chowki...
Ravan Murmu Vs. State of Bihar and ors.
Court: Patna
Decided on: Sep-16-1999
P.K. Deb, J.1. The orders passed on 6-2-1990 and 21-11-1982 as contained in Annexures-1 and 2 have been challenged in this writ petition. The above-mentioned orders were passed under the Santhal Pargana Tenancy (Supplementary Provisions) Act, 1949 by the authorities having jurisdiction under the Act.2. The facts of the case run as follows: Jote No. 3 with an area of 14 bighas 9 khatas and 10 dhoors in Mauza Bandarkund was recorded in the name of Kalyan Besra who died some time in the year 1942 at Asansol. Kalyan Besra used to visit the village and went to Bengal for earning livelihood and the lands in question were given under jimma of one Baso Tudu who happened to be predecessor of Respondent No. 4. During the life time of Kalyan Besra while he was at Asansol one Baso Tudu was recorded as Jimmadar in the Jamabandi. It is also an admitted fact that Kalyan Besra died issueless and according to the petitioner, he had a sister in the name of Dhani Besra and according to the petitioner K...
PravIn Kumar Thakur and ors. Vs. State of Bihar and ors.
Court: Patna
Decided on: Sep-16-1999
N. Pandey, J.1. This writ petition was filed for quashing the result of the written test held for appointment to the post of Drug Inspectors, which was published on 27-11-1998 by the Bihar Public Service Commission (In short 'B.P.S.C.') in the daily newspaper 'AAZ', a copy of which is Annexure-16 to the writ petition and to declare that the criteria adopted by the State Government for appointment to such posts was in conflict with the statutory rules made under Article 309 of the Constitution. A copy of such rule is Annexure-15 to the writ petition.2. I have heard the learned Advocates for the parties, therefore, this writ petition is disposed of at this stage itself.3. Before coming to the crucial contention of the parties, it would be apt to notice a few facts.As would appear from the facts brought on record, on 19-10-1997, vide Annexure-6, an advertisement was published by the Bihar Public Service Commission inviting applications from the intending candidates for appointment of Dr...
Nageshwar Sao and anr. Vs. State of Bihar
Court: Patna
Decided on: Sep-16-1999
A.K. Prasad, J.1. The criminal appeal is directed against the judgment and order dated 25-5-1990 passed in S.T. No. 323/ 11 of 1987/89 passed by Shri Dharam Das Topno, the then Addl. Sessions Judge, Hazaribagh. Both the appellants, namely, Nageshwar Sao and Jagdish Sao have been convicted under Section 302 read with Section 149, I.P.C. for constructive liability for the murder of Meena Devi and sentenced to rigorous life imprisonment. Besides, they have been convicted under Sections 448/426 and 323, I.P.C. and sentenced to undergo R.I. for two years on each count. Further appellants, Nageshwar Sao and Jagdish Sao have been convicted under Sections 148 and 147, I.P.C. respectively and each has been sentenced to undergo RJ. for one year on such count. However, all the sentences have been ordered to run concurrently,2. Briefly stated, the prosecution case as made out in the fardbeyan (Ext. 3) and elucidated in the evidence of informant Bhola Sao (P.W. 10) is as follows:Meena Devi, the d...
Shri Sidheshwar Prasad and ors. Vs. State of Bihar and ors.
Court: Patna
Decided on: Sep-16-1999
S.N. Jha, J.1. This writ petition has been filed seeking, in substance, direction to the respondents to take-over Sardar Patel Madhya Vidyalaya, Mithapur, Patna Under Section 3(4) of the Bihar Non-Government Elementary Schools (Taking Over of Control) Act, 1976, and to pay salary and other consequential benefits to the petitioners.2. The petitioners claim to be, respectively, the Secretary, Headmaster, Assistant Teachers and Non-teaching staff of the School. When the petition came up for admission before a Bench of this Court on 27-11-90, reliance was placed on orders whereby direction had been issued for takeover of the schools. The Bench considered it desirable that the question as to whether such a direction can be issued by the High Court be authoritatively decided by a Special Bench in the light of the decision of the Supreme Court in State of Bihar v. Shri Chandradip Rai : AIR1981SC2071 , and accordingly directed the records of the case to be placed before the Hon'ble Chief Jus...
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