Patna Court January 2000 Judgments
Banshidhar Pal and anr. Vs. State of Bihar and ors.
Court: Patna
Decided on: Jan-19-2000
Narayan Roy, J.1. Heard learned Counsel for the petitioners, learned Counsel for respondent Nos. 4 to 6 and also learned J.C. to S.C III for respondent Nos. 1 to 3.2. this writ application is directed against the order dated 16.7.1990 as contained in Annexure-8 passed by respondent No. 1 in Revision Misc. Appeal No. 88 of 1983-84, whereby and where under the order passed by the appellate authority dated 28.11.1983 has been set aside and the order passed by the Sub-Divisional Officer under Section 42 of the Santhal Pargana Tenancy (Supp) Provision Act, 1949 (hereinafter referred to as 'the Act') has been restored.3. It appears that a proceeding under Section 42 of the Act was initiated at the behest of respondent Nos. 4 to 6 for ejectment of the petitioners as they were in an unauthorised possession of the land in question. The Sub-Divisional Officer, after hearing the parties and considering the documents produced before it, held that the petitioners were in an authorised possession o...
Tag this Judgment!Surendra Mohan Kateryar Vs. State of Bihar and ors.
Court: Patna
Decided on: Jan-19-2000
Shiva Kirti Singh, J.1. Heard the parties.2. The petitioner is a class II officer in the Department of Animal Husbandry and Fisheries, Government of Bihar. His grievance is against an order of transfer dated 30.6.1999 (Annexure-8) by which petitioner who was holding the post of District Daily Development Officer, Deoghar, has been transferred to Dhanbad as Manager, Milk Supply Project and respondent No. 3, who was District Dairy Development Officer, Lohardagga has been transferred to the post held by the petitioner at Deoghar.3. According to the petitioner, he .still continues at Deoghar because in law such a transfer within the jurisdiction of Jharkhand Area Autonomous Council (JAAC) requires approval by authorities of JAAC and in absence of such approval the implementation of Annexure-8 was stayed by the Joint Secretary of Animal Husbandry, Government of Bihar vide order contained in Annexure-9 dated 2.8.1999 and also by a general order dated 7.8.1999 contained in Annexure-10. Accor...
Tag this Judgment!Krishna Murari Vs. State of Bihar and ors.
Court: Patna
Decided on: Jan-19-2000
Shiva Kirti Singh, J.1. Petitioner, who is a Sergeant Major in the Police Service under Government of Bihar, has prayed for quashing of minutes of the D.G. Selection Board dated 16.10.1996 communicated through a memo dated 14.11.1996 contained in Annexure-11 whereby, pursuant to an earlier order of this Court dated 27.11.1995 passed in a writ petition filed by the petitioner bearing C.W.J.C. No. 3450 of 1995, the petitioner has been confirmed on the post of Sergeant Major with effect from 29.5.1988 and thereafter by the same decision he has been declared unfit for promotion to the post of Dy. S.P. in view of alleged unsatisfactory service record and has been, therefore, superseded.2. Although in the writ petition petitioner had raised two grievances, one with regard to date of his confirmation which, according to him, should not have been with effect from 29.5.1988, but with effect from the date his juniors have been so confirmed and the second against denial of promotion to the post ...
Tag this Judgment!Sanjay Kumar Choudhary and ors. Vs. Rajendra Agricultural University a ...
Court: Patna
Decided on: Jan-19-2000
N. Pandey, J.1. This criminal miscellaneous petition has been filed by the petitioners Smt. Jagjit Kaur and her father Balwant Singh under the provisions of Section 482 of the Criminal Procedure Code for quashing the order dated 7.4.1995 passed by the learned A.C.J.M., Danapur in Complaint Case No. 43(C)/95 by virtue, of which on the complaint so made by opposite party No. 2 Lt. Col. Harjit Singh, cognizance of the offence is taken under Sections, 500 and 501, I.P.C. against the present petitioners.2. It transpires that by order dated 1.3.1996, this Court was pleaded to stay the further proceedings and the matter being admitted is listed today for hearing.3. Heard Shri Rajendra Kumar Giri, learned Counsel for the petitioners and Shri Chittaranjan Sinha, learned Counsel representing O.P. No. 2. The State is being represented by Shri K.V. Narayan, learned Additional Public Prosecutor who is also heard. On behalf of the petitioners, it is pointed out that cognizance of the offence taken ...
Tag this Judgment!Jai Ram Ahir and ors. Etc. Vs. State of Bihar
Court: Patna
Decided on: Jan-19-2000
S.N. Pathak, J.1. These two appeals were taken up for analogous hearing because they arise out of the same judgment passed by Shri G. S. Chaube, Ist Additional Sessions Judge, Rohtas at Sasaram, dated 12-5-1989 in Sessions Trial No. 47/35 of 1986. In Criminal Appeal No. 243 of 1989, appellants-Jai Ram Ahir alias Jai Ram Yadav, Mahendra Yadav and Shri Bhagwan Dusadh were convicted under Section 395 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for ten years. In Criminal Appeal No. 257 of 1989, appellant-Gudari Chamar was convicted under Section 395, I.P.C. and sentenced to undergo rigorous imprisonment for ten years. Along with the aforesaid appellants, some other persons were also facing trial who were, however, acquitted.2. The prosecution case, as recorded in the fardbeyan of Mundrika Singh, was to the effect that in the night betwixt 12th/13th April, 1986 at about 1 a.m. he was sleeping in his cottage when he heard the alarm of 'dacoit dacoit.' Subsequentl...
Tag this Judgment!Md. Masood Akhtar and Etc. Etc. Vs. State of Bihar
Court: Patna
Decided on: Jan-18-2000
M.L. Visa, J.1. These five appeals by five appellants, each filing separate appeal, on his behalf, have been heard together and are being disposed of by this common judgment as all these appeals arise out of same judgment dated 30-8-1996 and order dated 31-8-1996 passed by the 2nd Addl;. Sessions Judge, Bhagalpur in Sessions Trial No. 423/93 convicting and sentencing appellant Lallua alias Lallua Mian to life imprisonment under Section 302, IPC and remaining four appellants, namely, Piyaru alias Piyarua Mian, Lallu alias Masood Akhtar, Md. Chand and Md. Quaisar to life imprisonment under Section 302/34, IPC. All the five appellants have further been convicted and sentenced to RI for five years each under Section 3 and Section 4 of the Explosive Substances Act and R.I. for two years under Section 27 of Arms Act. Besides this, appellants Lallua alias Lallua Mian and Piyaru alias Piyaraua Mian have been further convicted and sentenced to undergo RI for five years each under Section 307, ...
Tag this Judgment!Janardan Singh Vs. State of Bihar and ors.
Court: Patna
Decided on: Jan-18-2000
Bharat Prasad Sharma, J.1. These cases have been filed on behalf of some of the technical supervisors and workshop superintendents working under the Rajendra Agricultural University (hereinafter referred to as the University) for a common relief. Therefore, they have been heard together and are being disposed of by a common order. Basic question that has been raised for consideration is whether technical supervisors and workshop superintendents working under the University are University teachers within the ambit and scope of Section 2(xxviii) of the Bihar Agricultural University Act, 1987 (hereinafter referred to as the 'Act') and instructions framed and issued thereunder by the University? If so; whether they are entitled to the University Grants Commission's new revised scales of pay to all the University teachers of Agricultural University and other consequential benefits.Another prayer has also been made challenging the validity of the Faculty Development Programme of the Univers...
Tag this Judgment!Rajendar Singh and anr. Vs. State of Bihar
Court: Patna
Decided on: Jan-18-2000
D.P.S. Choudhary, J.1. Cr. Appeals No. 248 of 1989 and 262 of 1989 have been preferred against the one and the same judgment and in both the appeals, the appellants are same persons. It appears that subsequent Cr. Appeal No. 262 of 1989, preferred by the two appellants, is under wrong instruction because these appellants have already filed Cr. Appeal No. 248 of 1989. Accordingly, Cr. Appeal No. 262 of 1989 is dismissed as not maintainable.2. This appeal has been preferred against the judgment and order dated 20-6-1989 passed by Ist Additional Sessions Judge, Patna in Sessions Trial No. 560 of 1986 convicting the appellants under Section 307/34, I.P.C. and Section 27 of the Arms Act and sentencing each of them to undergo rigorous imprisonment for five years and two years respectively. The sentences are directed to run concurrently.3. The prosecution case giving rise to this appeal are as follows : On 16-11-1983 at about 8 p.m. near the house of appellant Mahendar Singh situate in villa...
Tag this Judgment!Nand Kishore Prasad and ors. Vs. State of Bihar
Court: Patna
Decided on: Jan-18-2000
Bharat Prasad Sharma, J.1. Both these appeals have been filed against the judgment and order passed by 4th Additional Sessions Judge, Motihari in Sessions Trial No. 72/ 1991/91/1991. Altogether ten persons, who were standing trial in the aforesaid sessions case, have been convicted and sentenced to different terms of imprisonment by the learned Additional Sessions Judge by his judgment dated 29-2-1992 and the order dated 3-3-1992. It is significant to note that Cr. Appeal No. 160/92 was registered on the basis of a prisoner appeal filed on behalf of Sk. Zahirul Haque, one of the ten persons convicted by the trial Court, but prior to it Cr. Appeal No. 19/92 was already filed on behalf of all the ten convicts including the appellant of Cr. Appeal No. 160/92. By his order dated 29-2-1992 the learned lower Court convicted the appellants Akhilesh Prasad, Pradeep Prasad and Sk. Sanaullah of offence under Section 147, IPC and the other appellants Sk. Nasrullah, Sk. Zahirul Haque, Prahlad Rai...
Tag this Judgment!Yadu Yadav and ors. Vs. State of Bihar
Court: Patna
Decided on: Jan-18-2000
S.N. Pathak, J.1. This appeal is directed against the order of conviction and sentence passed by Shri B.N.P. Singh, 3rd Additional Sessions Judge, Nawadah, dated 17-6-1989, in Sessions Trial No. 121 of 1987/194 of 1984. The appellants were convicted under Section 323, I.P.C. and sentenced to undergo rigorous imprisonment for ten months. They were, however, charged for offences under Sections 307/149 and 380, I.P.C. The charges under Sections 307/149 and 380, I.P.C. failed and hence the learned trial Judge held the accused-appellants guilty only under Section 323, I.P.C.2. The prosecution case, as referred to in the fardbeyan of the informant Lakhan Prasad Yadav was to the effect that in the night in between 25th/26th June, 1979, the informant along with Jagdish Prasad Yadav was sleeping in his house. Suddently, the appellants along with others, numbering 20 to 25 persons variously armed with lethal weapons including lathi and bombs came to the dalan where the informant was sleeping. ...
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