Patna Court January 2000 Judgments
Bishram Tete Vs. State of Bihar and ors.
Court: Patna
Decided on: Jan-11-2000
S.J. Mukhopadhaya, J.1. The petitioner was in custody in connection with a criminal case being G.R. No. 8231/92 under Sections 363, 366, 376 and 376/34, I.P.C. for committing rape on one victim Anna Vengra after kidnapping her. The date of occurrence was shown to be 4th of July, 1992 at Patna Junction, where certain constable including petitioner alleged to have been approached the victim at about 11.30 p.m.2. In view of the fact that the petitioner was taken in custody, he was placed under suspension and proceeded in departmental proceeding. Apart from the allegation of committing rape on victim Anna Vengra, three other allegations relating to dereliction of duty, unauthorized absence from duty etc. were levelled.3. It appears that the petitioner did not take part in the departmental proceeding, but he was acquitted in the criminal case being Sessions Trial No. 95.1/92 by judgment dated 15th January, 1994, passed by the learned Asstt. Sessions Judge VIth, Patna. However, in the depar...
Tag this Judgment!Arya Devi Vs. State of Bihar and ors.
Court: Patna
Decided on: Jan-11-2000
Radha Mohan Prasad, J.1. The petitioner who is widow of late Shyam Sundar Prasad Singh who was in the State Government service and died on 25.1.1972 while working as Assistant Teacher in the Primary School, Pindora Saraihat in the District of Dumka, has prayed for issuance of appropriate writ/order/direction commanding the respondents to pay her family pension and other post-retiral benefits after death of her husband.2. In short, the relevant facts are that initially the petitioner's husband was appointed as Assistant Teacher in the said primary school on 19.3.1950 by the then Sub-divisional Officer of the Notified Area Committee, Jamtara vide letter No. 5 dated 9.3.1950. The said school was controlled and managed by the then Notified Area Committee, Jamtara. Later the said school was taken over by the State Government with effect from 1.1.1971 vide. Government Resolution No. 763 dated 9.2.1973 and consequently the management and control of the said school came under the State Govern...
Tag this Judgment!Bijoy Uraon @ Phagu Uraon Vs. State of Bihar
Court: Patna
Decided on: Jan-11-2000
G.S. Chaube, J.1. The sole appellant Bijoy Uraon @ Phagu Uraon has been convicted by the Addl. Judicial Commissioner of Khunti under Section 304B of the Indian Penal Code for committing dowry death and is sentenced to undergo rigorous imprisonment for ten years. Hence, this appeal under Section 374(2) of the Code of Criminal Procedure.2. The prosecution case is that the appellant, a resident of village Nehalgara within Bundu Police Station in the district of Ranchi was married to Bichar Qrain, daughter of late Jhirga Uraon of village Damaru within the same police station in or about year 1991 and thereafter was residing with his wife at the matrimonial home separate from his parents and brothers. At the time of the marriage, tile appellant had demanded a bicycle from his in-laws, but the same could not be given. Consequently, the appellant used to subject the wife with cruelty in consequence of non-fulfilment of the said demand of dowry, which was even repeated several times after the...
Tag this Judgment!Uma Kant Singh Vs. State of Bihar
Court: Patna
Decided on: Jan-11-2000
M.L. Visa, J.1. These three applications have been heard together and are being disposed of by this common judgment because they all arise out of same impugned order.2. The facts, in short, giving rise to these applications are that on 2-8-1991 one Harihar Choubey, Deputy Superintendent of Police, Vigilance filed an F.I.R. (Annex-ure-1 in all applications) alleging therein that during preliminary inquiry, it transpired that in Minor Irrigation Department at Sikandara under Minor Irrigation Division, Jamui, after sanction of estimate, contract was granted for the construction of escape wair for the following three Ahars and cement was supplied to the contractors but no contract work was done and 1821 bags of cement worth Rs. 73,000/- were misappropriated by the petitioners and other co-accused persons:(i) Tenewa Dhamna Ahar.-In this work estimated cost was Rs. 49,538/-and the work was to be done in two phases and estimate was prepared by Indrasan Prasad, Junior Engineer and technical a...
Tag this Judgment!Shital Singh and ors. Vs. Nanan Singh and ors.
Court: Patna
Decided on: Jan-11-2000
Gurusharan Sharma, J.1. Plaintiffs filed suit for declaration of title against the defendants in respect of suit land, described in Schedule I to the plaint and for confirmation of possession as also for injunction.2. Plaintiffs' claim was based on the basis of a sale-deed dated 22.12.1971, executed in their favour by Mostt. Kanijia Khatoon. The suit was filed in 1981 and was dismissed on 24.11.1989, holding that plaintiffs' sale-deed dated 22.12.1971 was not legal, genuine, valid and operative and they did not acquire any title and possession over the suit land. On the other hand, deed of gift dated 23.8.1979, executed by Mostt. Kanijia Khatoon in favour of defendants 1 and 2 was legal and valid and thereafter two sale-deeds dated 10.7.1982, executed by defendants 1 and 2 in favour of defendants 3 and 5 in respect of the suit property was also legal, valid and for consideration. The suit was also held to be bad for non-joinder of necessary parties and the plaintiffs and no cause of a...
Tag this Judgment!Shekhar Bhushan Nag Vs. State of Bihar and ors.
Court: Patna
Decided on: Jan-11-2000
M.Y. Eqbal, J.1. In this writ application, the petitioner who is a licence-holder of an authorized Testing Station, seeks issuance of an appropriate writ directing the respondents particularly respondent No. 4, the Regional Transport Authority, to issue road permit on the basis of the fitness certificate issued by the petitioner which certificates do not bear the counter signature of the Joint Transport Commissioner. Bihar.2. The undisputed facts are that the petitioner was granted a licence of an authorized Testing Station under the provisions of Section 56 of the Motor Vehicles Act, 1988, The petitioner, after inspecting of the vehicles, issued fitness certificates to the owners of the vehicles. The owners of those vehicles accordingly, moved the Transport Authority for grant of road permits but the same was refused on the ground that the fitness certificates so issued by the petitioner's Testing Station is not countersigned by the Joint Transport Commissioner.3. Mr. S.L. Agrawal, l...
Tag this Judgment!Elite Engineering Company Vs. Bihar State Electricity Board and ors.
Court: Patna
Decided on: Jan-11-2000
Sudhir Kumar Katrirar, J. 1. This writ petition has been preferred by the petitioner company with the prayer to quash office order No. 8 EB, dated 29-1-99 (Annexure 15), passed by the Bihar State Electricity Board (hereinafter referred to as 'the Board'), whereby the petitioner company has been '. . . blacklisted and all business dealings of B.S.E. Board with the firm and its associates are debarred'. The petitioner company is a manufacturer of electrical equipment and has been a supplier to the Board for a long time.2. Shorn of the details, the petitioner company had received orders from the Board for supply of 45 sets of Isolators of 132 KV of different amperes as per the exact specifications of the Board, vide letter No. Trans. 1032/95-03-EB, dated 18-2-97 (Annexure 1). It is manifest from this letter that the Board had prescribed detailed specifications according to which the petitioner had to manufacture and supply 45 sets of 132 KV Isolators to the Board made to meet the specif...
Tag this Judgment!State of Bihar and ors. Vs. Mostt. Kamodia Devi and ors.
Court: Patna
Decided on: Jan-10-2000
Prabhat Kumar Sinha, J.1. This Letters Patent Appeal is directed against part of the judgment of the learned Single Judge passed in C.W.J.C. No. 685 of 1981. While upholding the claim of the writ petitioner, respondent No. 1 herein the learned Judge has directed the respondent-State to find out lands for rehabilitation of respondent Nos. 5 to 13.2. The background of the case in which the aforesaid order came to be passed, shortly stated, is as follows. The writ petitioner had filed application seeking declaration of his sikmi rights under Section 48-E of the Bihar Tenancy Act which was allowed by the Collector under the said Act. The land in question, however, in the meantime, was distributed amongst the landless Harizans being respondent Nos. 5 to 13 treating the same as surplus land of the land-holders under the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961, (in short the Ceiling Act). He came to this Court challenging the settlement and gra...
Tag this Judgment!Sri Ramanand Kumar and ors. Vs. State of Bihar
Court: Patna
Decided on: Jan-10-2000
Chy. S.N. Mishra, J.1. In this criminal Misc. Application, the petitioners have prayed for quashing the order taking cognizance dated 28.11.91 of an offence punishable under Section 504 of the Indian Penal Code including the order dated 28.11.92 whereby the learned Magistrate has refused to drop the proceedings.2. The prosecution case, in brief, is that the informant, Bishwanath Singh lodged First Information Report to the effect that when he was getting the clay unloaded from a truck in front of the house of his master, the petitioners along with 3-4 others came there and objected from unloading the said clay and further told that the meeting which is to be held shall not be allowed by the petitioners at any cost and surrounded the ifnromant and assaulted him with fists, kudal stick, iron rod and some persons took out pistol and touched his chest on which the informant requested them for apology and went away. It is also alleged that the petitioners took away a sum of Rs. 50/- from t...
Tag this Judgment!Md. Sahjad Vs. State of Bihar and ors.
Court: Patna
Decided on: Jan-10-2000
Ashok Kumar Ganguly, J.1. Heard counsel for the parties.2. This writ petition has been filed for quashing order dated 5-8-1999 and 6-8-1999 issued by the Executive Magistrate, Madhupur contained in Annexures-1 and 1/A. By those orders, the Executive Magistrate has directed respondents Nos. 3 to 6 to remove the petitioner by 10-8-99 from Ashanshol Muslim Hotel and hand over its possession to respondent No. 7.3. From the case made out in the writ petition it will appear that the father of the petitioner had been permitted by respondent No. 7 to run a Hotel in the name and style of 'Ashanshol Muslim Hotel' in the premises in question. Petitioner's case is that he was regularly paying rent Badri Sah, respondent No. 7. The petitioner has, of course, not filed any document in support of his claim that he has been regularly paying rent to respondent No. 7.4. Be that as it may, the petitioner has relied upon certain documents to show that the said Hotel was registered in the name of 'Ashansho...
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