Patna Court October 2000 Judgments
Gopal Krishna Jhunjhunwala Vs. State of Bihar
Court: Patna
Decided on: Oct-31-2000
Anil Kumar Sinha, J.1. Criminal Appeals Nos. 13, 15, 16, 18 and 26 of 1993(R) were heard together as they arise out of the common judgment passed in ST. No. 53 of 1989. This common judgment will govern the aforesaid appeals.2. The aforesaid appeals have been directed against the judgment and order of conviction and sentence passed by Vlth Additional Sessions Judge, Dhanbad, in S.T. No. 53 of 1989, whereby and whereunder he convicted the appellants Md. Jalal, Binod Prasad Raut and Bablu Pal under Sections 395/ 412 of the Indian Penal Code and sentenced them to undergo R.I. for a period of six years and to pay a fine of Rs. 5,000/- (Five thousand) each or, in default thereof to undergo R.I. for one year. The appellants Murarilal Agarwal, Rajendra Sao, Mahendra Sao, Kalanand Soni and Gopal @ Gopal Krishna Jhunjhunwala were convicted under Section 412 of the Indian Penal Code and were sentenced to undergo R.I. for a period of six years each and to pay a fine of Rs. 10,000/- (Ten thousand)...
Tag this Judgment!Bihar Air Products Ltd. Vs. Sri A.V. Panikar and ors.
Court: Patna
Decided on: Oct-31-2000
Anil Kumar Sinha, J.1. The present civil revision application is directed against the order dated 22-5-2000 passed by the Sub-Judge-VIII, Ranchi in T.S. No. 36 of 1999, whereby and whereunder, he allowed the amendment petition filed by the plaintiff-opposite party No. 1.2. The plaintiff/opposite party No. 1 filed the suit for the following reliefs:(a) That a decree for Rs. 32,91,000/- be passed in favour of the plaintiff against the defendant Nos. 1 and 2 as per accounts given below:(b) That it be declared that termination of dealership agency of the plaintiff, granted to the plaintiff by the defendant No. 3 for doing dealership of gas agency business in the name and style of M/s Oriental Gases, vide letter dated 21.2.1996, is ab-initio illegal, malafide, arbitrary, discriminatory, void and without jurisdiction and the same cannot be given effect to.(c) That a decree for the cases of the suit, interest pendent elite and future be passed.(d) That a decree for such other relief or relie...
Tag this Judgment!The Bihar State Board of Homeopathic Medicine Through Its Registrar Vs ...
Court: Patna
Decided on: Oct-31-2000
1. This appeal is directed againstthe order dated 12-10-1999 passed in C.W.J.C. No. 6729 of 1998 by a learned single Judge of this Court by which he has quashed the notification issued by the Department of Health, Medical Education and Family Welfare dated 16-7-1998 (Annexure-20 to the writ application) appointing the Secretary, Department of Health, Medical Education and Family Welfare, Govt. of Bihar respondent No. 3, as a President of the Bihar State Board of Homeopathic Medicine (hereinafter referred to as the Board) till the reconstitution of Board as the term of the previous President respondent No. 1 which was for a period of three years had expired on 28-2-1996.2. The Bihar Development of Homeopathic System of Medicine Act, 1953 (hereinafter referred to as the Act) was enacted with the object to develop the homeopathic system of medicine and to regulate its teaching and pratice in the State of Bihar. Section 3 of the Act provides for establishment and constitution of the Board...
Tag this Judgment!Hiralal Gupta and anr. Vs. Jagdish Kumar Seth and ors.
Court: Patna
Decided on: Oct-31-2000
Anil Kumar Sinha, J.1. This order will govern C.R. No. 278 of 2000 (R) and C.R. No. 356 of 2000 (R) as both the civil revision applications have been filed against the order dated 5.6.2000 passed by Sub-Judge-I, Bokaro at Chas in T.S. No. 17 of 1999, wherby and whereunder the learned sub-ordinate Judge rejected the petitions filed on behalf of the petitioners under Order XIV, Rule 2 of the Code of Civil Procedure read with Section 151 of the Code of Civil Procedure, wherein it was prayed that the question of maintainability of the suit may be decided as a preliminary issue.2. Briefly stated the relevant facts concerning the above-mentioned civil revision application are that the plaintiff, namely, Jagdish Kumar Seth, opposite party No. 1 filed a declaratory suit against the defendant being Title Suit No. 17 of 1999 praying for the following reliefs:(a) To hold and declare that with effect from the date of resignation i.e. 5th April, 1997 and/or the date of acceptance of resignation by...
Tag this Judgment!Harihar Choubey and Etc. Vs. the State of Bihar and anr.
Court: Patna
Decided on: Oct-31-2000
1. As common question of law is involved in both the applications they have been heard together and with consent of the parties they are being disposed of by this common order.2. The only question is to be decided as to whether the petitioners being Government servant are protected under the provisions of Section 197 of the Code of Criminal Procedure and, as such, taking cognizance of offence and issuance of process against them by the learned Magistrate without any prior sanction is vitiated in law.The petitioner in Cr.W.J.C. No. 216 of 2000 is the Deputy Superintendent of Police and was posted as such in Dalsingsarai within the district of Samastipur. The petitioner in Cr.W.J.C. No. 238 of 2000 on the other hand was posted as officer-in-charge, Musari Gharari within the same district.3. One Kumar Vishwanath filed a complaint before the learned Chief Judicial Magistrate, Samastipur on 6-6-1998 alleging high handedness of these two officers and prayed for taking cognizance of offence ...
Tag this Judgment!Binay Kumar Mishra Vs. State of Bihar and ors.
Court: Patna
Decided on: Oct-30-2000
1. The deletion of Maithili language is an issue in the present writ petition. This writ petition makes a grievance that once Maithili had been inserted for being offered as a subject in a public examination conducted by the Bihar Public Service Commission, the withdrawal of the language was an exercise which was unconstitutional, illegal and arbitrary. Unfortunately, the cause for this exercise was another writ petition which is connected with the present writ petition. 2. The controversy is best understood by the communication which places on record the excuse for deleting the subject Maithili as a language in the examinations conducted by the Bihar Public Service Commission. This order of the State Government, in itself places the facts on record and the issues which sprang out of the Government order runs thus :^^funs'kkuqlkj mi;qZDr fo"k; ij dkfeZd ,oaiz'kklfud lq/kkj foHkkx ds i=kad 15842 fnukad 26&8&72 }kjk fcgkj yksdlsok vk;ksx }kjk lapkfyr la;qDr izfr;ksfxrk ijh...
Tag this Judgment!Parimal Chowdhary Alias P.S. Choudhary Vs. State of Bihar and anr.
Court: Patna
Decided on: Oct-25-2000
B.N. Singh 'Neelam', J.1. After hearing the learned lawyers appearing on behalf of the parties, this present application is being disposed of which is so filed by the present petitioner, namely, Parimal Chowdhari alias P.S. Chawdhari, for quashing the proceeding as against him so initiated on the basis of the complaint case so lodged bearing complaint case No. 880(c)/87. Tr. No. 73/77 in which the learned Judicial Magistrate, 1st Class (Sri. S.K. Upadhyaya), Chapra, has taken cognizance of the offence under Sections 406 & 420 of the Indian Penal Code, as indicated finding prima facie material against the present petitioner and accused No. 2, i.e., Manager, Lohia machine S.T.D. Registered Office 3 & 4 Panki Industrial Estate, Kanpur. Copy of the complaint-petition along with the impugned order are filed for perusal.2. On behalf of the petitioner, it is pointed out that as far as the present petitioner is concerned he simply happened to be one of the employees of M/s. Tiwari Bechar, Kan...
Tag this Judgment!State of Bihar and anr. Vs. Gobind Prasad Agrawal
Court: Patna
Decided on: Oct-25-2000
Shiva Kirti Singh, J. 1. This Misc. Appeal has been filed by the appellant State of Bihar and its concerned Officials against the Judgment and Decree dated 17-3-1997 passed by learned Sub-Judge. Chaibasa whereby he has decreed Title Suit No. 9 of 1991 after rejecting objections filed by the defendants / appellants under Section 30 of the Arbitration Act. 1940 and has made the award given by the order dated 31-5-1994 a rule of the Court. 2. In view of arguments advanced by the parties in this appeal the relevant facts required to be noticed are as follows :-- The plaintiff/respondent is a Government contractor, pursuant to acceptance of his tender or agreement dated 6-3-1981 was entered into between the plaintiff/contractor and the concerned department of Minor Irrigation, Chakradharpour, for a work contract valued at Rs. 28,32,709.62 paise. The contractor deposited Rs. 1,41,751/- as security deposit and the work order was issued on 27-3-1981. As per agreement the stipulated date for c...
Tag this Judgment!Shashi Bijpuria Vs. State of Bihar and anr.
Court: Patna
Decided on: Oct-25-2000
B.N. Singh 'Neelam', J.1. This present application is so preferred by one of the accused-petitioner, namely, Sashi Bijpuria challenging the impugned order dated 04.03.1997 so passed by the learned Chief Judicial Magistrate, Patna, in complaint case No. 206(c)/97 by virtue of which cognizance of the offence is so taken against the present petitioner along with one Yubraj Raja Ji under Sections 406, 420, 467 and 471 of the Indian Penal Code detailing that prima facie material was so found against them as to proceed with.2. On behalf of the petitioner, all the points so taken as good grounds in this application so filed under Section 482 of the Code of Criminal Procedure are pressed into service and by going through the complaint petition along with the impugned order so filed for perusal, it transpires that an apartment was so constructed by one Yubraj Raja Ji, one of the accused, in the name and style of Shashi Kutir, who has not preferred any application before this Court under Sectio...
Tag this Judgment!Suresh Prasad Vs. the State of Bihar and anr.
Court: Patna
Decided on: Oct-24-2000
S.N. Pathak, J.1. In this miscellaneous case the order passed by the lower Court on 16-1-1999 has been challenged.2. The Sessions Court in Session Trial No. 347/1993 has directed the trial of an accused, Prabhakar Prasad to be held by a Juvenile Court instead of his trial with other accused persons of the case. It was submitted before me by the petitioner's lawyer, who is the informant of the case relating to the aforesaid sessions trial that the accused, Prabhakar Prasad, Opposite party No. 2, failed to take the plea of minority either in the commital Court or in the Sessions Court prior to the stage when several witnesses were examined. So the plea taken at the belated stage would not be entertained and, therefore, the Sessions Court was wrong in remitting the case of the accused-opposite party No. 2 to the Juvenile Court. The Sessions Court was rather competent to try the case of Prabhakar Prasad along with other accused persons and conclude it under the provisions of law. The peti...
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