Patna Court January 2000 Judgments
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Gayatri Devi and anr. Vs. State of Bihar and ors.
Court: Patna
Decided on: Jan-10-2000
R.M. Prasad, J.1. Petitioner No. 1 is widow and petitioner No. 2 is son of late Sadashiv Chaudhary, who died in harness on 17-7-1984. The deceased was working as Peon in Teachers Training Mahila Vidyalaya, Bhagalpur and after rendering service for about 23 years 3 months and 17 days he died in harness. The claim of the petitioners in this writ petition is that they have been kept deprived of full family pension, part of gratuity and the amount of provident fund payable to them after the death of the deceased Government servant.2. A counter-affidavit has been filed on behalf of Divisional Commissioner, Bhagalpur (Respondent No. 2) and also on behalf of Accountant-General, who is permitted to be added as Respondent No. 6. From the counter-affidavit filed on behalf of Respondent No. 2, it appears that after the death of the employee, provisional pension and gratuity amounting to Rs. 16,402.75 and Rs. 6,642/- respectively was sanctioned on 7-8-1992 and paid to the petitioner vide receipt...
Tek Lal Yadav Vs. State of Bihar
Court: Patna
Decided on: Jan-10-2000
1. The sole appellant has been convicted under Section 302 of the Indian Penal Code (for short 'I.P.C.') and sentenced to undergo rigorous imprisonment for life by judgment and order dated 27.6.1992 passed by the 1st Additional Sessions Judge, Deoghar in Sessions Trial No. 50 of 1991.2. The prosecution case, in brief is that on 29.11.1990 at about 11 a.m., Meena Kumari (P.W. 4), daughter of Khedu Prasad Yadav (informant-P.W. 3) was playing with her younger brother Gouri Shankar, aged about two and half years, in a lane in front of her house situated in village LekhaBaran, P.S. Mohanpur, District Deoghar. At that point of time, the appellant came, picked up the boy Gouri Shankar and threw him into the well, as a result of which he died. The informant was harvesting the paddy in his field. His son Ashok Yadav informed him about the occurrence and, thereafter, the informant rushed to the well and found that efforts were being made by the villagers to take out the boy from the well. The w...
Ramanandan Singh Vs. State of Bihar and ors.
Court: Patna
Decided on: Jan-10-2000
Radha Mohan Prasad, J.1. The question involved in the present writ, petition is as to whether the Dafadars, who are made Class IV employees of the State Government with effect from 1.1.1990 can get the benefit of their past services while they worked under the Village Chaukidari Manual. This question came up for consideration in the case of Karoo Paswanv. The State of Bihar reported in 1999 (2) PLJR 336, and the learned Single Judge of this Court held that Dafadars are not entitled to count past services for the purpose of computation of pension.2. Mr. Kamlapati Singh, learned Senior Counsel appearing for the petitioner, who was also a Dafadar, submitted that certain provisions of the Bihar Pension Rules and the Bihar Service Code, such as Rule 19 of the Bihar Pension Rules and Rule 24 of the Bihar Service Code read with Appendix 4 were not brought to the notice of the learned Single Judge. Rule 2 of the Bihar Pension Rules deals with the applicability of the provisions of the said ru...
Baleshwar Prasad Vs. State of Bihar and ors.
Court: Patna
Decided on: Jan-06-2000
S.J. Mukhopadhaya, J.1. By impugned order dated 16th November, 1998, the Respondent Special Director having accepted Respondent No. 6 as validly appointed clerk in the school, in question, rejected the claim of petitioner for the said post.2. The grievance of the petitioner is that the Respondent No. 6 having appointed as an Assistant Teacher on 11th August, 1989 and having made permanent against the said post, the petitioner was validly appointed against the post of clerk which fell vacant on such promotion of Respondent No. 6 and thereby the authorities should not have rejected the claim of petitioner nor could have treated the Respondent No. 6 as a clerk.3. Admittedly, the Respondent No. 6 was appointed after following procedure as clerk on 1st August, 1983, which was the sole post vacant in the Vaidic Sahitya Sanskrit High School, Attasarai in the district of| Nalanda.4. According to the petitioner, on superannuation of one Sukhdeo Sharma Suman on 31st August, 1988, the said post ...
Updesh Singh Vs. State of Bihar
Court: Patna
Decided on: Jan-06-2000
D.P.S. Choudhary, J.1. This appeal has been preferred against the judgment and order dated 9-3-1994 passed in Sessions Trial No. 352 of 1991 by XIIth Additional Sessions Judge, Patna convicting the appellant under Section 304B of the Indian Penal Code (hereinafter referred to as the 'I.P.C.') and sentencing him to undergo R.I. for 10 years.2. The brief fact of the case is that the informant Sushil Paswan in his fardbeyan dated 2-6-1990 stated that on the previous day i.e. 1st of June, 1990 after getting treatment of his daughter along with his wife had gone to the house of his father-in-law and after taking meal in the evening he went to sleep. At about 9-00 p.m. mother of accused Updesh Singh came to him and requested to rescue the victim wife of Updesh Singh saying that accused Updesh Singh was trying to kill her. The informant went to the courtyard of Updesh Singh and then entered inside the female apartment of the house. He saw Updesh Singh had already sprinkled kerosene oil on th...
Sita Ram Yadav and ors. Vs. State of Bihar
Court: Patna
Decided on: Jan-06-2000
1. These three appeals arise out of the common judgment and order of conviction. They have been heard together and are being disposed of by this judgment.2. These appeals have been filed against the judgment and order dated 21-4-1987 passed by 1st Addl. Sessions Judge, Aurangabad in S.T. No. 87/5 of 1981/83 whereby the appellants in Cr. Appeal No. 163/87 have been convicted for the offence under Sections 302/149 of the Indian Penal Code and they have been sentenced to undergo imprisonment for life. They have further been convicted for the offence under Section 147 of the Indian Penal Code but no separate sentence has been awarded. The appellant in Cr. Appeal No. 186/87 has been convicted for the offence under Section 302 of the Indian Penal Code and has been sentenced to undergo imprisonment for life. He has further been convicted for the offence under Section 148 of the Indian Penal Code but no separate sentence has been awarded. The appellant in Cr. Appeal No. 205/87 has been convic...
Rai Vimal Krishna and ors. Vs. State of Bihar and ors.
Court: Patna
Decided on: Jan-06-2000
Shiva Kirti Singh, J.1. The writ petitioners in this case are residents of town of Patna whose family, as claimed by them commands respect and owns substantial property in the shape of different holdings of Patna Municipal Corporation hereinafter referred to as the Corporation' situated in the new circle. The details of their various holdings is mentioned in a chart (Annexure-1). They appear to be aggrieved by imposition and recovery of Municipal tax at new rates on account of new assessment rates of 1993 (Annexure 17). The aforesaid rules entitled as the Assessment of Annual Rental Value of Holdings Rules, 1993 (hereinafter referred to as the Rules of 1993), were notified on 12th August. 1993 and are effective from 13.8.1993.2. The validity of the Rules of 1993 is not in challenge in this writ application and it was admitted at Bar that the validity of these rules have been upheld by the Supreme Court. A perusal of the 1993 Rules issued in exercise of powers conferred by Section 227 ...
Sudama Bind and anr. Etc. Vs. State of Bihar
Court: Patna
Decided on: Jan-06-2000
1. Both the appeals arise out of common judgment and order of conviction. They have been heard together and are being disposed of by this judgment.2. The appellants in Cr. Appeal No. 162 of 1987 have been convicted for the offence under Section 302/34 of the Indian Penal Code and have been sentenced to undergo imprisonment for life. The appellants in Cr. Appeal No. 177 of 1987 have been convicted for the offence under Section 302 of the Indian Penal Code and have been sentenced to undergo imprisonment for life. Appellant Bhagwan Bind of the same appeal has further been convicted for the offence under Section 323 of the Indian Penal Code and has been sentenced to undergo rigorous imprisonment for one year. He has also been convicted for the offence under Section 27 of the Arms Act and has been sentenced to undergo rigorous imprisonment for one year. All the appellants have further been convicted for the offence under Section 201 of the Indian Penal Code and sentenced them to undergo ri...
Ghughaloo Ram Alias Ghughuloo Ram Vs. State of Bihar and ors.
Court: Patna
Decided on: Jan-06-2000
R.M. Prasad, J.1. It is stated that the case of the. petitioner is squarely covered by the decision pf this Court in the case of Devendra Kumar Mishra v. The State of Bihar and Ors. reported in 1999(3) PLJR 700. a photo copy whereof has been annexed as Annexure-7. Learned Counsel for the petitioner thus wants the matter to be disposed of in terms of the general direction, of this Court given in the case of Most. Rukmini Devi v. The State of Bihar reported in 1996 (2) PLJR 349.2. Accordingly, as prayed, the writ petition is disposed of in terms of the said general direction. The petitioner may file his claim in detail before the authority concerned along with a copy of this order and the aforementioned general direction of this Court which shall be considered and disposed of by the said authority strictly in terms thereof and within the time fixed therein.3. The authority may also examine as to whether the case of the petitioner is squarely covered by the aforementioned decision of thi...
Mora Ho Vs. State of Bihar and ors.
Court: Patna
Decided on: Jan-05-2000
R.A. Sharma, J. 1. I have gone through the two Judgments prepared by my two learned brothers (S.J. Mukhopadhaya and M,Y. Eqbal, JJ.) who along with me were the members of the Full Bench, which was constituted to answer the questions referred, which have been reproduced on the 2nd page of the judgment of Hon'ble S.J. Mukhopadhaya, J. 2. Hon'ble S.J. Mukhopadhaya. J. has held that Wilkinson's Rules have not been framed by the Governor General in the Council, who was the only competent authority at the relevant time to frame such Rules and, therefore, they lack statutory force and the law laid down by the Division Bench earlier In the case of Dulichand Khirwal, AIR 1958 Pat 366 and Mahendra Singh's case, AIR 1958 Patna 603, does not represent the correct legal position. Hon'ble M.Y. Eqbal, J. on the other hand has taken a contrary view holding the said Rules to be statutory in nature. The decisions of the Division Bench of this Court in Dulichand Khirwal. AIR 1958 Patna 366 and Mahend...