Patna Court January 2000 Judgments
Dhauna Paawan Vs. State of Bihar
Court: Patna
Decided on: Jan-28-2000
D.P.S. Choudhary, J.1. The sole appellant has preferred this appeal against the judgment and order passed by Ist Additional Sessions Judge, Gaya, in Sessions Trial No. 616 of 1993/2 of 1994 dated 25-9-95 convicting him under Section 376 of the Indian Penal Code and sentenced him to undergo R.I. for 7 years and also to pay a fine of Rs. 1,000/- and in default of payment of fine, to further undergo R.I. for 6 months.2. The prosecution case, in brief, is that the informant, Nand Lal Manjhi (P.W. 3) in his FIR (Ext. 2) alleged that on 31-10-1991 he was working as labourer of one Naresh Prasad at village Dumarsa. His son Pravesh Manjhi (P.W. 2) came there and told that at about 2.30 P.M. his sister Tara Kumari (P.W. 4) came home and weapingly told that accused Dauna Paswan has lifted her in his lap and took her towards south in the Rahal field of Kishore Lal and committed rape on her. The informant rushed to his house and saw blood stains in the pant of his daughter Tara Kumari. His wife R...
Tag this Judgment!Praveer Kumar Das Gupta and anr. Vs. State of Bihar
Court: Patna
Decided on: Jan-28-2000
Indu Prabha Singh, J.1. This revision petition is directed against the order dated 26.8.1995 passed by Judicial Magistrate, 1st Class, Gaya in Gaya Rail P.S. Case No. 175/93 and G.R. No. 3045/93/640/95 by which the learned Judicial Magistrate has refused the prayer for discharge of these petitioners.2. The short facts of this case are that on 28.11.1993 at about 10.15 p.m., the informant Upendra Kumar, Officer-in-Charge, Railway Police Station, Gaya having received a secret information, raided the IInd class ticket booking counter No. 7. He found that 20 tickets from Gaya C.B.O. to Gwalior were present in the shelf of Varanashi child. The booking clerk, the accused M.N. Pandey did not give him any explanation regarding the presence of these tickets in his counter. The police party further found that a surplus money amounting to Rs. 1,039/- was also present at the counter, which was not entered in the sale-register. It has been alleged that the accused M.N. Pandey confessed his guilt. ...
Tag this Judgment!Naresh Yadav and ors. Etc. Vs. State of Bihar
Court: Patna
Decided on: Jan-28-2000
Manohar Lal Visa, J.1. These two appeals have been heard together and are being disposed of by this common judgment because both the appeals arise out of the same judgment and order dated 6-4-1987 passed by VIth Additional Sessions Judge, Gaya, in Sessions Trial No. 228 of 1981/25 of 1984 convicting and sentencing the appellant Ram Pravesh Yadav to undergo life imprisonment under Section 302 of the Indian Penal Code (in short, 'IPC') and the remaining appellanmts to undergo life imprisonment under Section 302/149, IPC. Appellants Manilal Yadav, Surendra Yadav and Naresh Yadav have been further convicted and sentenced to R.I. for three months under Section 147, IPC, appellants Dilkeshwar Yadav and Raghubar Yadav have been further convicted and sentenced to R.I. for four months under Section 148, IPC and appellant Ram Pravesh Yadav has been further convicted and sentenced to R.I. for one year under Section 27 of the Arms Act. All the sentences have, however, been ordered to run concurre...
Tag this Judgment!Om Prakash Sharma Vs. State of Bihar and ors.
Court: Patna
Decided on: Jan-27-2000
Sudhir Kumar Katriar, J. 1. This writ petition has been preferred with the prayer to issue a direction in the nature of writ of certiorari for quashing the certificate proceeding started against the petitioner under the provisions of the Bihar Public Demand Recovery Act, 1914 (hereinafter referred to as the 1914 Act), which has since been registered as certificate Case No. 52/89-90 in the Court of respondent No. 2, for realization of the dues by respondent No. 3 (Industrial Area Development Authority, Patna).2. The petitioner is running a small scale industry for manufacture of guns at Munger. The different gun manufacturers at Munger were scattered at different places and were in private accommodation at Munger. For reasons of safety and security, the State Govt. decided to create a special place for the gun manufacturers and accordingly specific space was allotted in the industrial area at Munger. The petitioner along with others were applicants for allotment of space with a shade. ...
Tag this Judgment!Usha Beltron Ltd. and anr. Vs. Bihar State Electricity Board and ors.
Court: Patna
Decided on: Jan-27-2000
M.Y. Eqbal, J. 1. In this writ application the petitioners have challenged the action of the respondent-Bihar State Electricity Board in disconnecting the supply of electricity in the factory premises of the petitioner No. 1 and raising a provisional compensatory bill dated 17 January, 2000 for a sum of Rs. 40.39,50.747/- and further for a declaration that there has been no pilferage or theft of electricity by the petitioners in respect of consumer No. HJ/AP041.2. The petitioners' case is that in the year 1973 by virtue of an agreement entered into by and between the petitioners and the Board the Board started supplying electricity in the factory premises of the petitioner for a sanctioned contract demand of 10000 KVA which was time to time enhanced by supplementary agreements to 19500 KVA. In 1994-95 the petitioner-company Installed a Mini Blast Furnace used for the manufacture of Molten metal and the use of Molten metal in the Electric Arc Furnace of petitioner company as chargemix...
Tag this Judgment!Ram Chandra Shah and ors. Vs. State of Bihar and ors.
Court: Patna
Decided on: Jan-25-2000
S.K. Singh, J. 1. There are altogether 20 petitioners in this writ application and they seek quashing of letter dated May 15, 1995 contained in Annexure-2 issued by the Executive Engineer, Western Koshi Canal Division, Darbhanga by which a direction was given to terminate the services of 32 daily wage employees including several petitioners, after payment of compensation in . terms of Section 25F of the Industrial Disputes Act. A further prayer has been made to take back in service other petitioners not covered by Annexure-2 whose services are admitted to have been similarly terminated. Petitioners have further challenged a policy decision of the Government dated June 18, 1993 contained in Annexure-3 by which it was decided to terminate the services of those daily wage workers working in different undertakings of the State Government who had been appointed after August 1, 1985. According to the learned counsel for the petitioners, the policy decision contained in Annexure-3 is arbitr...
Tag this Judgment!Smt. Ranjoo Devi Vs. State of Bihar and ors.
Court: Patna
Decided on: Jan-25-2000
Narayan Roy, J.1. Heard Mr. B.P. Pandey, learned Senior Counsel appearing on behalf of the petitioner, Mr. K.D. Chatterji, learned Senior Counsel appearing on behalf of respondent Nos. 4 and 5 as also learned Counsel for the State. However, no one appeared on behalf of respondent Nos. 6 and 7 despite valid service of notices upon them.2. This writ application has been filed for issuance of a writ of certiorari quashing order dated 15.12.1990, as contained in Annexure-7, passed by the Deputy Collector Land Reforms in Ceiling Case No. 29 of 1990-91 allowing application of respondent Nos. 4 and 5 under Section 16(3) of the Ceiling Act, for quashing order dated 5.2.1997, as contained in Annexure-9., passed by the Collector, Patnain Ceiling Appeal No. 27 of 1991-92 upholding the order of the Deputy Collector, Land Reforms and also for quashing the order as contained in Annexure-11 dated 8.1.1998 passed by the Additional Member, Board of Revenue, affirming the orders, as contained in Annexu...
Tag this Judgment!Baijnath Prasad Gupta Vs. Senior Regional Manager, F.C.i., Patna and o ...
Court: Patna
Decided on: Jan-25-2000
S.K. Katriar, J. 1. Heard Mr. Ramesh KumarAgrawal for the petitioner, and Mr. Prabhakar Tekriwal for the respondent Corporation and Us functionaries. 2. Mr. Ramesh Kumar Agrawal, Advocate for the petitioner had appeared in support of the writ petition on 3-12-99 and misled this Court into passing that order. It is obvious from the order that he had contended that the petitioner had submitted his tender intime, quoting the highest rates for purchase of all the rejected items of the Corporation. Mr. Agrawal had submitted before tills Court that the petitioner had made the highest bid for all the items notwithstanding which the respondent Corporation and its functionaries for ulterior motives had accepted the bid of the petitioner for a few items only. On such statement of Mr. Agrawal, this Court had directed the Corporation and its functionaries to file counter-affidavit explaining the reasons for not giving the contract to the petitioner for all the items, and instead gave the contrac...
Tag this Judgment!Krishnanandan Singh Alias Turanta Singh Vs. State of Bihar
Court: Patna
Decided on: Jan-25-2000
1. The sole appellant who is the nephew of the deceased Brahamdeo Singh resident of Jalalpur within the Maranchi Police Station in the District of Patna, has filed the present appeal against the judgment and order dated 3-9-1994 by which he has been convicted under Section 302, IPC and sentenced to undergo R.I. for life.2. The deceased got property at his inlaws place at village Khairya P.S. Halsi, district Munger and he was residing there along with his family members.3. The prosecution case is that on 10-3-1992 during the day time the appellant who is nephew of the deceased came at village Khairya and touched the feet of elders. Thereafter at about 3-30 p.m. he went to the Khalihan where deceased was present. The informant Gayatri Devi daughter in-law of the deceased (P.W. 7) also followed him and noticed that the appellant took out a pistol from his person and fired at the deceased which caused injury, he fell down in the Khalihan and thereafter the appellant fled away and the vill...
Tag this Judgment!Chandreshwari Prasad Yadav and anr. Vs. State of Bihar
Court: Patna
Decided on: Jan-24-2000
S.N. Pathak, J.1. The abovenamed appellants were convicted by Sri Anirudha Prasad Choudhary, 2nd Additional Sessions Judge, Madhopura in Sessions Trial No. 38 of 1986 dated 17-6-1989, under Section 304, Part II of the Indian Penal Code and sentenced to undergo rigorous imprisonment for ten years. Earlier they were charged under Sections 300 and 302 of the Indian Penal Code and the lower Court found them guilty under Section 304, Part II of the Indian Penal Code and accordingly convicted and sentenced them.2. The prosecution case, as alleged in the fardbeyan of one Moti Yadav was to the effect that on 27-12-1983, he was at his home and heard the sound of cutting of bamboo from bamboo clump, so he came out on the pretext of easing himself and on coming near the bamboo clump, he found that the aforesaid two appellants, namely, Chandreshwari Prasad Yadav and Kamleshwari Prasad Yadav were cutting bamboo from bamboo, clump, he protested to the latter, but the latter did not pay any heed and...
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