Patna Court January 2000 Judgments
Vidyapati Cold Storage Pvt. Ltd. and anr. Vs. State of Bihar and ors.
Court: Patna
Decided on: Jan-21-2000
S.K. Katriar, J.1. Both these writ petitions have been taken up together because both of them raise common questions of law and facts, and are directed against the same impugned order. In view of the prayer made by the learned Counsel for the parties, the same are being disposed of by a common judgment.2. The facts would as far as possible be taken from C.W.J.C. No. 10861 of 1999, excepting where reference to the analogous C.W.J.C. No. 11405 of 1999 would be headed. The common impugned order is contained in memo No. 5181, dated 25.10.99 (Annexure-1), issued by the Collector of the district of Samastipur, notifying the Government decision fixing Rs. 100/- per quintal to be charged by the owners of cold storages in the State of Bihar for storing any foodstuff during the year 1999. The writ petitions are further directed against the Government notification published by the State Government in the Department of Agriculture (Measurement, Weights & Horticulture), in the local dailies on 11....
Tag this Judgment!Dilip Kumar Sinha Vs. Ambika Prasad and ors.
Court: Patna
Decided on: Jan-21-2000
B.P. Sharma, J.1. The present election petition has been filed on behalf of Sri Dilip Kumar Sinha, a loosing candidate for the Assembly Election of Bihar legislative Assembly from 165-Pirpaiti Assembly Constituency held in March 1995, The election petition has been filed under Sections 80, 80A and 81 of the Representation of People Act, 1951 (hereinafter to be referred to as the R.P. Act 7). The petitioner has challenged the election of Respondent No. 1 Sri Ambika Prasad who was declared elected in the election from the aforesaid Constituency. The necessary Notification was made on 16th of January, 1995 and after the nomination and scrutiny, etc. was made according to the Schedule, the polling was held on 15th of March, 1995. There were altogether 27 candidates left in the field, after scrutiny and withdrawal. Out of 27 candidates, respondent No. 1 Sri Ambika Prasad, who was a candidate of Communist Party of India, was declared elected by the Returning Officer of the Constituency. The...
Tag this Judgment!Pujari Yadav and ors. Vs. State of Bihar
Court: Patna
Decided on: Jan-20-2000
M.L. Visa, J.1. Both these appeals are being disposed of by this common judgment as both the appeals arise out of the same judgment and order dated 4.7.1989 passed by the 1st Assistant Sessions Judge, Khagaria, in Sessions Case, No. 508 of 1985, convicting and sentencing the appellants to undergo R.I. for 10 years each under Section 395 of the Indian Penal Code.2. When these appeals were called for hearing, nobody appeared on behalf of the appellants in Cr. Appeal No. 297 of 1989. In view of the decision of the Supreme Court in the case of Bani Singh v. State of U.P. : 1996CriLJ3491 , this appeal is also being disposed of on merit after considering the materials on record and hearing the learned Counsel for the State.3. The case of the prosecution, in short, is that on 24.12.84 the informant Girish Shankar Pd. Singh (P.W. 4) was sleeping in his dalan. At about 12.15 p.m. he woke up on hearing the sound of barking of dogs and the then saw 4-5 persons standing at the darwaja of the dala...
Tag this Judgment!Abdul Mannan Vs. Saira Khatoon
Court: Patna
Decided on: Jan-20-2000
Nagendra Rai, J.1. The petitioner husband has filed the present application against the order dated 9.8.1995, passed by the Judicial Magistrate, 1st Class, Muzaffarpur, in Trial No. 4263 of 1995, by which he was allowed the application filed by with opposite party No. 1, Saira Khatoon and ordered for payment of maintenance of Rs. 400/- per month for her and Rs. 200/- each for two children, namely, Mohina Khatoon (opposite party No. 2) and Noor Alam (opposite party No. 3).2. The opposite party No. 1 filed a petition stating therein that the petitioner was earlier married with the daughter of one Md. Wasi of village Katai. Later on, he married with opposite party No. 1 on 18.12.1975 and Rs. 3,000/- was fixed as the dower debt. After marriage, three children were born out of their wed-lock, out of whom one is also married. They were living peacefully for some time and, thereafter, the husband-petitioner started misbehaving with her and stopped giving food to her and her children and in t...
Tag this Judgment!Ram Abhilash Dubey and anr. Vs. the State of Bihar and ors.
Court: Patna
Decided on: Jan-20-2000
Sudhir Kumar Katriar, J. 1. This writ petition is directed against the order contained in memo No. 1434, dated 8-4-97 (Annexure 10), whereby the Collector of Nalanda, Biharsharif, has rejected the cause shown by the petitioner, and has cancelled his licence under the Dinar Cinemas (Regulation) Act, 1954, (hereinafter referred to as 'the Act') and the Rules thereunder. 2. Petitioner No. 1 is the holder of a licence under Section 3 of the Act to exhibit cinematograph films for the general public in the Naaz cinema hall at Biharsharif. He was served with a show cause notice dated 4-2-97 (Annexure 3), wherein the following three allegations were levelled against him (i) Non adults were admitted to shows meant for adults only. (ii) Obscene posters relating to the film were put up by way of advertisement. (iii) The lavatory etc, were in unhygienic condition. 2.1. By the same order dated 4-2-97, the petitioner's licence was suspended with immediate effect and he was prohibited from ho...
Tag this Judgment!Sunil Kumar Sinha Vs. State of Bihar and anr.
Court: Patna
Decided on: Jan-19-2000
Sachchidanand Jha, J.1. This letters patent appeal is directed against the judgment and order of the learned Single Judge dated 21st of May, 1999 in C.W.J.C. Nos. 2058 and 2089 of 1999 dismissing the writ petitions filed by the appellant and one Pushpa Sinha.2. The appellant, who is a practising Advocate of this Court, tiled the writ petition for quashing a clause of the advertisement fixing the minimum age of 35 years for recruitment to the post of Additional District and Sessions Judge in the Bihar Superior Judicial Service. According to the appellant, in terms of the provisions of Article 233(2) of the. Constitution of India, which provides for direct recruitment to the post of District/Additional District Judge from Bar, Advocates having seven years practice are eligible for appointment and, therefore, fixing the minimum age limit at 35 years is not permissible as it deprives persons who have seven years' practice as an Advocate but not completed 35 years of age from applying for ...
Tag this Judgment!Raj NaraIn Verma Vs. Rakesh Kumar Singh
Court: Patna
Decided on: Jan-19-2000
Indu Prabha Singh, J.1. This is an application under Sections 397 and 401 of the Code of Criminal Procedure, 1973 (in short 'the Code'). It is directed against the order dated 28-2-1996 passed by the Judicial Magistrate in case No. 753(C)/1995 dismissing the complaint petition filed by the present petitioner under Section 208 of the Code.2. From the prosecution case it appears that in response to an advertisement published in local dailies the petitioner booked a Flat (No. 505) measuring 1026 sq.ft. in a multi storeyed complex known as Shashi Place, R.K. Avenue (Raod) Patna by making an initial payment of Rs. 1,00,000/- to the opposite party who is the Managing Director of Arpana Housing and Construction (P) Ltd. The multi storeyed complex known as Shashi Place was being constructed by Arpana Housing and Construction (P) Ltd. Subsequently a shop was also booked by the present petitioner in Shashi Place. However, the opposite party very inteligently prepared a document of this transact...
Tag this Judgment!Mukti NaraIn Das Vs. Bihar State Board of Religious Trust and ors.
Court: Patna
Decided on: Jan-19-2000
Shiva Kirti Singh, J. 1. The defendant is the appellant in this first appeal which arises out of a suit filed by Bihar State Board of Religious Trust, the plaintiff-respondent, for a declaration that the properties appertaining to the Pokharam Asthal are public trust properties to which the Bihar Hindu Religious Trusts Act 1950 applies and also for setting aside an order dated 25-2-1961 passed by the authority under Section 43 of the Act by which the authority held that properties as private and personal properties of the Mahanth and not of any public trust. 2. The aforesaid title suit bearing No. 54/ 10 of 1961/1966 was decreed by the judgment and decree under appeal dated 17-5-1967 passed by 1st Additional Subordinate Judge, Darbhanga mainly on the basis of law laid down by the Supreme Court in the case of Mahanth Sri Sri Niwas Ramanuj Dasv. Surajnarain Das reported in AIR 1967 SC256. 3. For deciding this appeal the plaintiff's and defendant's case may be noted in brief. According t...
Tag this Judgment!Butan Sao and ors. Vs. State of Bihar
Court: Patna
Decided on: Jan-19-2000
D.N. Prasad, J.1. This criminal appeal has arisen out of judgment and order dated 19.4.1997 and 23.4.1997 passed by Shri D.K. Sinha, Additional Sessions Judge, Hazaribagh in S.T. No. 82/93 by which the appellants have been convicted under Section 304B/34,. I.P.C. and sentenced to undergo R.I. for 10 years. They are further convicted under Section 201/34, I.P.C. and sentenced to undergo R.I. for five years. However, both the sentences were ordered to run concurrently.2. The case of the prosecution runs as follows. The Informant, Lutan Sao gave fardbeyan before the police claiming therein that his daughter, Hemanti Devi @ Budhni Devi was married to Chotan Sao about 4/5 years ago in accordance with Hindu rites and rituals. It is further alleged that the accused-persons started demanding a sum of Rs. 2,000/- as dowry, though the Informant had already paid a sum of Rs. 8,000/- at the time of marriage. The Informant further claimed that he was informed that his daughter died at village Bank...
Tag this Judgment!Anant Bind and anr. Vs. State of Bihar
Court: Patna
Decided on: Jan-19-2000
D.P.S. Choudhary, J.1. This jail appeal has been preferred on behalf of both the appellants against the Judgment and order dated 19th of August, 1992 passed by the Additional Sessions Judge, Buxar in Sessions Trial No. 258 of 1991/65 of 1991 convicting both the appellants under Sections 395 and 307 of the Indian Penal Code and sentencing each of them to undergo R.I. for 10 years and 7 years respectively. Their sentences were ordered to run concurrently.2. The brief fact of the prosecution case is that on 14.9.1990 at about 7. p.m., the informant Bashisht Sah was at his shop. 8-10 dacoits entered his shop and started assaulting him. The informant ran his house to save his life. The dacoits chased him and entered his house. They assaulted Sarswati Devi, wife of the informant and also his brother. It is further alleged that appellant Gauri Bind gave lathi blow to the informant and when his father Munna Devi tried to save him, some of the dacoits fired on her. The dacoits took away Rs. 4,...
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