Patna Court January 2000 Judgments
Ramashray Singh 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 Tarkeshwar Narain, 9th Additional Sessions Judge, Munger, dated 19.6.1989. All the appellants above-named were convicted under Section 435 as also Section 436 of the Indian Penal Code. They were sentenced to undergo rigorous imprisonment for three years for the offence under Section 435 and five years for the of fence under Section 436 of the Indian Penal Code. Both the sentences were directed to run concurrently.2. The case of the prosecution, as per written report of the informant Chuho Singh @ Ram Sagar Singh was to the effect that on 30.3.1986 et about 10 p.m. he was sleeping in his barn (Khalihan). Suddenly, 7 persons belonging to the same village came to the khalihan and set fire to the articles kept therein. The informant was taken hostage by these persons and fire was set to the articles kept in the khalihan by four persons, namely, Mundrika Singh and rest of the appellants. ...
Tag this Judgment!Smt. Sharda Devi Vs. Managing Director, Bihar State Housing Board, Pat ...
Court: Patna
Decided on: Jan-18-2000
A.K. Ganguly, J. 1. Heard learned counsel for the parties. 2. Before filing of the present writ petition there were some facts, relating to allotment of plot of land between the parties. It appears that the petitioner was earlier allotted a plot of land and in respect of the said allotment an agreement was also entered into between the parties but the said plot was not given to the petitioner was the said land was in an unauthorised occupation.Thereafter the petitioner initiated certain proceedings. 3. The case of the respondents in the counter affidavit is that the respondent Board has offered to the petitioner another plot of land having an area of 1609 Sq. ft. but the petitioner did not respond to the said offer. Ultimately arising out of the writ petition which was filed by the petitioner some order was passed and for non compliance of the said order, the petitioner initiated a contempt proceeding being M.L.C. No. 1653 of 1994. The said M.L.C, application was disposed of by a lea...
Tag this Judgment!Hira Ravidas 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 Lineshwar Prasad Sinha, Special Judge, E.C. Act, Gaya dated 25.5.1989 in G.R. Case No. 1655 of 1985. The appellant was convicted under Section 7, E.C. Act and sentenced to undergo rigorous imprisonment for one year as also to pay a fine of Rs. 1,000/- and, in default, to undergo rigorous imprisonment for three months.2. The prosecution case, according to the report of Dhananjay Prasad Ambastha, Circle Officer, Chandauti P.S., Gaya, was to the effect that on 7.7.1985, the informant inspected the fair price shop of the accused-appellant and verified the Actual stock position with respect to sugar and kerosene oil and compared it with the stock register and cash memos. He found that stock register was maintained only up to 2.7.1985 and it contained in an entry of 4 quintals. He further verified cash memos from which it was detected that up to 3.7.1985. 38 kg. of sugar were sold. However,...
Tag this Judgment!Ashok Kumar Singh Vs. Bihar Industrial and Technical Consultancy Organ ...
Court: Patna
Decided on: Jan-17-2000
R.M. Prasad, J. 1. In this writ petition, petitioner has assailed the validity of office order No. 8/95-96 dated June 21, 1995 whereby and whereunder after consideration of charges, findings of Inquiry officer, showcause submitted by the original petitioner and his due representation, the management of the Bihar Industrial and Technical Consultancy Organisation Limited (hereinafter called as BITCO), decided to dismiss him from the service of the said Company with effect from the date of its issuance. 2. Earlier, a preliminary objection was raised on behalf of the Respondent-Company as regards maintainability of this writ petition, as against the company registered under the Companies Act and its employees are appointed by the Board of Directors and that it is not a State within the meaning of Article 12 of the Constitution. This Court vide order dated November 3, 1995 accepted the said preliminary objection and thus held that the respondent-Company was not amenable to the writ jurisd...
Tag this Judgment!Bihari Lal Monka and Etc. Etc. Vs. Govt. of India and ors. Etc.
Court: Patna
Decided on: Jan-17-2000
S.K. Chattopadhyaya, J. 1. All these Civil Review applications were heard analogously on preliminary objection being raised by the learned counsel for the parties that these applications cannot be heard and disposed of by me sitting singly.2. The petitioners preferred these review applications for reviewing the order passed by the Division Bench on 22-4-1997 in CWJC Nos. 4187/96R, 4188/96R and 4189/96R. The aforesaid writ applications were heard analogously by me sitting with Hon'ble Mr. Justice M.Y. Eqbal and disposed of by one common order with the consent of the parties. Similarly in Civil Review No. 9 of 1998 (R) prayer has been made for review/modify the order dated 6-8-1997 passed in CWJC No. 25 of 1989 (R), which was heard by the same Bench.3. As Hon'ble Mr. Justice Eqbal was holding Court at Patna Bench at the relevant time (30-10-1998), all these review applications were placed for admission before me for disposal. Learned counsel for the petitioners raised the objection on t...
Tag this Judgment!Binod Kumar Sharma Vs. New India Assurance Co. Ltd. and anr.
Court: Patna
Decided on: Jan-17-2000
P.K. Deb, J.1. This appeal has been preferred by the above-named defendant-appellant against the judgment and award dated 10.8.88 passed by the 7th Additional District-cum-M.A.C.T. Judge, Dhanbad, in Title (M.V.) Suit No. 25 of 1979 awarding the compensation of Rs. 48,000 with interest at the rate of 6 per cent per annum together with costs of Rs. 1,000 and the same had been ordered to be paid by the owner of the vehicle, i.e., the appellant.2. The contention of the appellant is that on receipt of notice in the above- mentioned claim case, he engaged a lawyer and after taking some adjournments, the learned Counsel advised him not to contest the proceeding as his vehicle was insured with the opposite party No. 1, New India Assurance Co. Ltd. and on such assurance being given by his counsel, he did not pursue the matter but afterwards when a notice was received by him from the Certificate Officer regarding the payment of the compensation amount, he became surprised and on inquiry, he ca...
Tag this Judgment!Shri D. Roy Vs. Union of India (Uoi) and ors.
Court: Central Administrative Tribunal CAT Patna
Decided on: Jan-14-2000
1. The applicant, being an Ex-Teacher of the Eastern Railway, Danapur, is actually aggrieved of non-settlement of the retiral benefits, in finality, even after his retirement on superannuation on 31st August, 1989, and accordingly, he has sought for reliefs by way of direction to the respondents in following terms : (b) To release his DCRG along with interest from the date of withholding till the same is paid to him; (c) To pay him interest on the P.P. deductions from 1.9.1989to 11.7.1991 which has not been given to him together with interest for delayed payment; (d) To pay him notional compensation for the loss that he has suffered due to denial of post retirement benefits for a period of five years. (e) To pay him his transfer and packing allowances on superannuation as permissible according to the rules.2. Significantly, the applicant has nowhere quantified the provisional payment already made and the amount, together with the interest, which still remained to be settled. Correspon...
Tag this Judgment!Salim Khan Alias Shamim Khan and ors. Vs. State of Bihar
Court: Patna
Decided on: Jan-14-2000
1. These three appeals arise out of common judgment. They have been heard together and are being disposed of by this judgment.2. The appellants in all the three appeals have been convicted for the offence under Section 302, IPC and have been sentenced to undergo imprisonment for life. They have further been convicted for the offence under Section 307, IPC and have been sentenced to undergo rigorous imprisonment for ten years. They have also been convicted for the offence under Section 148, IPC and have been sentenced to undergo rigorous imprisonment for two years. All the appellants except Mustaque have further been convicted for the offence under Section 27 Arms Act and have been sentenced to undergo rigorous imprisonment for five years.3. The prosecution case as emerges from the First Information Report is that one Naimur Rahman Khan gave his fardbeyan on 20-3-1985 at about 11-30 a.m. in the State Dispensary, Imamganj that at about 8 a.m. he and Gulam Ali Khan had gone to wash their...
Tag this Judgment!Ahmad Mian Vs. State of Bihar
Court: Patna
Decided on: Jan-14-2000
D.P.S. Choudhary, J.1. This jail appeal has been preferred against the Judgment and order dated 13th of July, 1994 passed by the Sessions Judge, Gopalganj in Sessions Trial No. 106 of 1993 convicting the appellant under Section 307 of the Indian Penal Code (hereinafter referred to as the I.P.C) and sentenced to undergo R.I. for 10 years. The appellant was charged for and tried by the Court below for the offence under Section 307 of the IPC. and Section 3 of the Explosive Substances Act but the Court below acquitted the accused-appellant under Section 3 of the Explosive Substances Act on the ground that there was no sanction order for the prosecution under this Act against the accused.2. The brief facts of the case are that on 20.4.1992 at village Barwa, Kaparpura, P.S. Mirganj, District Gopalganj, the informant Abdul Majid (P.W. 5) was setting iron plate in his cot under the Neem tree near the house of one Lallan Mian Accused Ahmad Mian came there and gave lathi blow on his right shou...
Tag this Judgment!Ram Bilas Yadav and ors. Vs. the State
Court: Patna
Decided on: Jan-14-2000
S.N. Pathak, J.1. This appeal is directed against the order of conviction and sentence passed by Shri S.I. A.I. Raza, Sessions Judge, Madhubani, dated 21.4.1987, all the appellants above-named were convicted under Section, 302/34 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life. They were further convicted under Sections 326/34 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for ten years. They were still further convicted under Section 148 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for two years and also under Section 447 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for three months. All the sentences were directed to run concurrently. Appellant Ram Bilas Yadav was further sentenced to undergo rigorous imprisonment for two years for an offence penalised under Section 324 of the Indian Penal Code.2. The prosecution case, as stated in the fardbeyan of one Ram Bharosh Thakur, ...
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