Patna Court October 2000 Judgments

Kishun Sahni and ors. Vs. State of Bihar

Court: Patna

Prabhat Kumar Sinha, J.1. This appeal is directed against the judgment of conviction of the appellants recorded by the learned 2nd Additional Sessions Judge, East Champaran at Motihari in Sessions Trial No. 171/216 of 1982/87 wherein finding the prosecution case to have been proved beyond reasonable doubts, the learned Court convicted the accused under second part of Section 304 read with Section 34 of the Indian Penal Code and after hearing on sentence, sentenced them to undergo 10 years of rigorous imprisonment, each.2. My attention has been drawn towards order dated 10.7.2000 by which it was reported to the Court that appellant No. 5 Nand Kishore Sahni had died at which this Court had called for a report from the concerned Superintendent of Police. That report is at Flag A, As per this report which is dated 13.9.2000 this appellant had died about 8 years back. Therefore, the appeal so far this appellant is concerned, has stated.3. The prosecution case, briefly stated, and as coming...

Shree Hanuman Sugar and Industries Ltd. Vs. Union of India (Uoi) and o ...

Court: Patna

Sudhir Kumar Katriar, J.1. This Writ petition has been preferred with the prayer to quash order No. 1(1)/97-PC/98, dated 30.9.99 (Annexure-9), whereby the petitioner has been declared ineligible for the incentive under the Sugar Incentive Scheme 1973 (hereinafter referred to as 'the Scheme') as a restructured unit, and the consequential relief of an appropriate direction to the respondent-authorities to issue certificate for free sale of sugar at 100% under the scheme.2. The petitioner is an existing company with its registered office at 12, Government Place East, Calcutta, and has its sugar factory at Motihari in the district of East Champaran where it manufactures sugar through vaccuum pan process. The sugar factory was established in 1932. and it installed capacity in the year 1964-65 was 3000 tonnes of cane crushing per day (hereinafter referred to as TCD). The capacity of the factory was expanded from 1000 TCD to 1500 TCD during 1967-68.3. The Government of India introduced the S...

Secretary, Agricultural Produce Market Committee Vs. State of Bihar an ...

Court: Patna

D.N. Prasad, J. 1. This application under Section 482 of the Code of Criminal Procedure has been filed by the sole petitioner, the Secretary, Agricultural Produce Market Committee for quashing of criminal prosecution including the order talcing cognizance dated July 4, 1997 in Complaint Case No. C(iii)-107/97 (T.B. No. 1612 of 1997). The snort facts of the prosecution case alleging to this application are that the Opposite party No. 2, Labour Enforcement Officer submitted a prosecution report in the Court of Chief Judicial Magistrate, Ranchi alleging therein that he had inspected the place of occurrence on January 22, 1997 and found that the employers were paying less wages to the labourers. It is further alleged that the employers were not maintaining register required under the provisions of the Act. It is also alleged that the opposite party No, 2 issued show cause but no explanation was submitted. Accordingly, the prosecution was submitted on the basis of which the learned Chief ...

Ranjeet Kumar Singh and ors. Vs. State of Bihar and ors.

Court: Patna

Nagendra Rai, J.1. This appeal is directed against the judgment dated 17.12.1999 passed by a learned Single Judge in C.W.J.C. No. 10202 of 1997, whereby the Writ application filed by the appellants and one Triloki Nath Singh for a direction to the respondents to regularise their services against Class III and Class IV posts in Y.N. College, Dighwara in the district of Saran, has been dismissed.2. According to the appellants, the said College was established in 1967 and it was affiliated up to I.A. & I.Sc. standard by the then Bihar University. In 1971, the College got affiliation up to B.A. standard and in 1979, it got affiliation up to B.Sc. standard. Appellants No. 4 to 17 were appointed by the Governing Body of the College on different non-teaching Class III and Class IV posts after completing all the formalities on 22.2.1978 against the posts created before 1973. Appellants Nos. 1 and 2 were appointed on 24.2.1980 against the posts of Laboratory Incharge and appellant No. 3 was pr...

Rotary Club, Begusarai Etc. Vs. State of Bihar and ors.

Court: Patna

Reported in: AIR2001Pat115; 2000(48)BLJR2184

1. These two petitions are quite unfortunate and taken as a measure of the level to which the proceedings before this Court has gone down, they leave this Court indignant, disturbed and sorrowful. In both the civil review petition and the writ petition the common prayer was for the review of the judgment and order dated 27-6-2000 passed in CWJC No. 6694 of 1999 (hereinafter referred to as 'the main case'). The only difference was that while the civil review petition was filed on behalf of the party which was respondent No. 4 in the main case, the writ petition was filed by certain persons who were neither parties to the main case nor could they be said to have any concern with the issue (s) arising in the main case. The writ petition was clearly intended to be a prop for the civil review petition; it was filed quite irresponsibly and without giving any thought regarding its maintainability. But in the case of the writ petition better sense prevailed at an early stage and the counsel ap...

Dr. K.K. Sharma and ors. Vs. State of Bihar

Court: Patna

Deoki Nandan Prasad, J.1. This Criminal Revision is directed against the order dated 9.11.1998 passed by the Judicial Magistrate, 1st Class Dhanbad in connection with Dhanbad PS Case No. 1091 of 1995, corresponding to G.R. No. 4698 of 1995, whereby and where under the learned Judicial Magistrate rejected the prayer of the petitioners for discharge.2. The prosecution story in brief was stated that one F.I.R. was lodged by submitting written report stating, inter alia that there was a financial irregularities of the College namely, Bharat Sewak Samaj Mahila Mahavidyalaya, Dhanbad. Two letters explaining about the financial position were sent to petitioner No. 2, namely, Nawai Kishore Prasad Singh for producing auditor's report and the balance-sheet. The audit report was made available to the Informant. Another memo No. 185 dated 4.9.1995 was sent to the professor-in-charge to direct the Accountant to produce the accounts books and documents pertaining to the College which could not be f...

Abhay Kumar Singh and anr. Vs. the State of Bihar

Court: Patna

B.N. Singh 'Neelam', J.1. After hearing learned lawyers appearing on behalf of the parties, this present application is being disposed of which is so filed under Section 482 of the Code of Criminal Procedure for quashing of the whole proceedings of G.R. case bearing No. 2364 of 1996 arising out of Siwan Town P.S. Case. No. 226 of 1996. It transpires that the learned Chief Judicial Magistrate, Siwan vide its order dated 12.3.1997 has taken cognizance of the offence against the present petitioners under Sections 354, 511 and 323 of the Indian Penal Code finding, as detailed in the order under challenge, prima facie material against them. It further transpires that when this application was so heard initially on the point of admission, the same was so admitted on 6.9.1997 and further proceedings of the learned Court below was so stayed.2. The informant of this case is Malti Devi, wife of Tar Kishore Prasad and the copy of the First Information Report so filed is made available which is A...

Satyendra Singh and ors. Vs. Sanjay Kumar and ors.

Court: Patna

Nagendra Rai and D.P.S. Choudhary, JJ.1. The intervenors-respondents are the appellants. They filed the present appeal against the order dated 30.5.2000 passed in CWJC No. 4224 of 1999 by a learned Single Judge of this Court by which he has held that the Writ petitioners-respondent No. 1 possessed the requisite qualification for the post of District Fishery Officer or Fisheries Extension Officer and accordingly, directed to publish his result on the basis of interview held in pursuance of an interim order of this Court. Respondent No. 1 filed a Writ application on 4.5.1999 for issuance of an appropriate Writ to the respondent-State to include the Degree of M.Sc. (Fisheries Management) (hereinafter referred to as the FM) granted by the Central Institute of Fisheries Education (hereinafter referred to as the CIFE) as one of the requisite qualifications for the post of District Fishery Officer or Fisheries Extension Officer in the State of Bihar and for a further direction to the State a...

Smt. Shanti Devi Prasad and anr. Vs. the State of Bihar and ors.

Court: Patna

M.Y. Eqbal, J. 1. A very important question of law having general importance falls for consideration in this writ application and with the consent of the learned Counsels for the parties who have been heard at length the writ application is disposed of at the admission stage. 2. The question falls for consideration is 'whether authorities exercising power u Section 47A of the Stamp Act (as amended by Bihar Amendment Act. 1988) read with Bihar Stamp (Prevention of Undervaluation of Instrument) Rules, 1995, can refuse to register an instrument duly presented for registration in execution of a decree of specific performance of contract of sale of immovable property passed by a Civil Court of competent jurisdiction on the ground of undervaluation of the property which is the subject matter of the decree. 3. Before answering the question it would be useful to briefly state the facts of the instant case which lie in a narrow compass. 4. In 1978 one Smt. Pratlbha Singh and her husband, ...

Chief Manager, Allahabad Bank and anr. Vs. Ms. Swarnalata Narayan

Court: Patna

Aftab Alam, J.1. The short question that arises for consideration in this Letters Patent appeal is whether or not the expression 'employees who retired' used in Sub-clause 7 of Clause 3 (the applicability Clause) of the Allahabad Bank (Employees) Pension Regulations, 1995 also includes such employees who took voluntary retirement prior to the first day of November, 1993. The answer to the question, as it would be seen later in this judgment, hinges on the meaning assigned to the word 'retired' in the Pension Regulations, 1995. A learned Judge of this Court, sitting singly, answered the question in the affirmative and accordingly allowed the Writ petition filed by the sole respondent, set aside the decision of the Bank, the appellant, holding that she was not entitled to pensionary benefits and directed the Bank to extend to her the benefits of the scheme under the Pension Regulations, 1995.2. The facts of the case are brief and without any controversy. The husband of the Writ petition...