Patna Court November 2000 Judgments
Raja Singh and ors. Vs. the State of Bihar
Court: Patna
Decided on: Nov-30-2000
Indu Prakash Singh, J.1. Appellant No. 4, Indira Lal Singh has been convicted under Sections 324 of the Indian Penal Code and has been sentenced to execute a bond of Rs. 2,000/-with one surety for keeping peace and good behaviour for a period of two years. Other appellants have been convicted under Section 323 of the Indian Penal Code and have been sentenced to execute a bond of Rs. 2,000/- each with two surety for keeping peace and good behaviour for a period of two years.2. The prosecution case, in brief, is that on 29.1.1984 at about 6 a.m. when the informant, Ram Pravesh Singh (P.W. 4) was returning after easing, he saw that appellant Raja Singh was standing with a lathi on the ridge and appellant Sarba Nand Singh and Gyaneshwar Singh alias Laddu Singh were cutting the ridge of his field, situated in east of his boring and in south-east of his house. It has been further stated that when he protested and advised to get measurement done first, Raja Singh asked his son and the grand ...
Tag this Judgment!Mostt. Sibia Devi Vs. Prahlad Rajak and ors.
Court: Patna
Decided on: Nov-30-2000
Prabhat Kumar Sinha, J.1. This revision application is directed against the order dated 22.7.1997 passed by the Chief Judicial Magistrate, Nalanda at Biharsharif in Complaint Case No. 291/C of 1990 under which the learned Magistrate, after inquiry into the complaint-petition filed by the petitioner, had dismissed the same under Section 203 of the Code of Criminal Procedure ('the Code', in short).2. Before dwelling upon the arguments that have been advanced certain facts may be noticed.3. The complainant Sibia Devi filed a complaint-petition against all the 12 opposite parties which also included some Police Officers alleging therein that on 26.5.1990 she saw vehicles including tractor coming to the village and accused-persons alongwith certain unknown persons with spade, Gaita, iron rods etc. in hands came down out of which she identified Sitara Khan, a Police Officer. This Sitara Khan named certain persons and said that their houses should be searched. The Officer also ordered that t...
Tag this Judgment!Tarkeshwar Singh Vs. State of Bihar and ors.
Court: Patna
Decided on: Nov-29-2000
Radha Mohan Prasad, J.1. Heard learned Counsel for the petitioner, Mr. Banwari Sharrna, learned Counsel appearing for the respondent Zila Parishad and learned Junior Counsel to Government Pleader No. IV for the State.2. In the present writ petition, the petitioner has assailed the validity of the order dated 15th July, 2000, contained in Annexure 21, whereby and whereunder his initial appointment as Steno-Typist in Zila Parishad has been cancelled and his services have been terminated with further direction that his pension etc. shall not be payable by the Zila Parishad.3. From the impugned order, it appears that the petitioner was initially appointed against the post of Steno-Typist on daily wages. Later, the appointment of the petitioner was made regular, vide resolution dated 2.1.1986, contained in Annexure 10, and consequential order was issued, vide Memo No. 40 dated 10.1.1986, contained in Annexure 11. It appears that the petitioner's service was also confirmed, vide order conta...
Tag this Judgment!Smt. Kishori Devi and ors. Vs. the State Electricity Boards and ors.
Court: Patna
Decided on: Nov-28-2000
Radha Mohan Prasad, J.1. As both the writ petitions relate to restoration of electric connection bearing consumer No. 19-256011500/191641 C/S2, with consent of parties, they have been heard together and are being disposed of by this common order.2. Petitioner in the first case is the landlady and petitioners in the second case are tenants. In both the writ petitions prayer is to direct the Respondents to restore electric connection which was disconnected by the Assistant Electrical Engineer, (Revenue) Bankipur. Supply Division, Patna University, Patna (Respondent No. 4) on 25.11.1999 without any notice. In the second writ petition, further prayer is to instal the meter separately to shop of the petitioners after accepting the form and its requisites which have been refused by the Respondents.3. According to the case of the petitioner in the first case, she is bonafide consumer and the aforementioned connection stood in her name and she was paying electric bill regularly. However, on 2...
Tag this Judgment!Dina Iron and Steel Ltd. and anr. Vs. Bihar State Electricity Board an ...
Court: Patna
Decided on: Nov-28-2000
Radha Mohan Prasad, J.1. As agreed, the matter has been heard for final disposal.2. In this writ petition, the petitioners have prayed for quashing of the decision of the respondent-Bihar State Electricity Board (hereinafter referred to as the Board') as was communicated to them, vide letter No. 1790 dated 9.9.2000, contained in Annexure 37, in pursuance of letter No. 355 dated 17.7.2000, issued by the Chief Engineer (Commercial) to the Electrical Superintending Engineer, P.E.S.U. (East), whereby and whereunder the capacity of induction furnance of the petitioning Company was fixed at 16 Metrication (M.T.) for the period 1.9.1999 to 20.11.1999 and 13.44 M.T. from 21.11.1999 onwards and thereby directing the Superintending Engineer to send copy of the agreement so executed to the Board for record.3. In short, the relevant facts are that the petitioner No. 1 is a Public Limited Company and petitioner No. 2 is one of its Directors and its substantial shareholder. According to the case of...
Tag this Judgment!Cit Vs. Rakesh Pd. Singh
Court: Patna
Decided on: Nov-28-2000
This appeal under section 260A of the Income Tax Act, 1961, has been preferred on behalf of the Commissioner, Patna, and another against the order of the Appellate Tribunal in I. T. A- No. 78 (Patna) of 1996, whereby, the order of the Commissioner (Appeals) was reversed.In short the facts of the case are that the assessee's father, the late Shashi Bhushan Singh, had taken a land on lease from the Patna Regional Development Authority (hereinafter referred to as the 'PRDA') at Mourya Lok Complex, after depositing the total bid money of Rs. 48.25 lakhs. Later, somehow or the other the lease agreement was cancelled by the P.R.D.A. due to certain objections raised by the State Government. Being aggrieved by such action of the P.R.D.A., a writ petition was filed before this court. Ultimately, the High Court after hearing the parties and having appreciated that in spite of the deposit of the total amount of Rs. 48.25 lakhs, the settlee was being un-necessarily harassed, directed the P.R.D.A....
Tag this Judgment!Commissioner of Income-tax and anr. Vs. Rakesh Pd. Singh
Court: Patna
Decided on: Nov-28-2000
1. This appeal under Section 260A of the Income-tax Act, 1961, has been preferred on behalf of the Commissioner of Income-tax, Patna, and another against the order of the Appellate Tribunal in I. T. A. No. 78 (Patna) of 1996, whereby, the order of the Commissioner of Income-tax (Appeals) was reversed. 2. In short the facts of the case are that the assessee's father, the late Shashi Bhushan Singh, had taken a land on lease from the Patna Regional Development Authority (in short 'PRDA') at Mourya Lok Complex, after depositing the total bid money of Rs. 48.25 lakhs. Later, somehow or the other the lease agreement was cancelled by the P.R.D.A. due to certain objections raised by the State Government. Being aggrieved by such action of the P.R.D.A., a writ petition was filed before this court. Ultimately, the High Court after hearing the parties and having appreciated that in spite of the deposit of the total amount of Rs. 48.25 lakhs, the settle was being un-necessarily harassed, directe...
Tag this Judgment!Jagat Lal Gupta Vs. State of Bihar
Court: Patna
Decided on: Nov-28-2000
Prabhat Kumar Sinha, J.1. This revision application is directed against the judgment recorded by 1st Additional Sessions Judge, Katihar in Cr. Appeal No. 60 of 1985 under which the learned appellate Court had upheld the conviction of the petitioner, a Clerk in the Postal Department, under Section 409 of the Indian Penal Code and sentenced him to undergo three years of rigorous imprisonment and a fine of Rs. 5,000/- (five thousand) or to undergo rigorous imprisonment for one year in default to pay the fine. It may be mentioned that the learned lower Court had also convicted the petitioner under Sections 468 and 420 of the Indian Penal Code sentencing him to undergo rigorous imprisonment for one year on each count also ordering that all the sentence would run concurrently. Learned appellate Court set aside the conviction and sentences under Sections 420 and 468 of the Indian Penal Code but, as already stated, upheld the conviction and sentence under Section 409 of the Indian Penal Code....
Tag this Judgment!Ram Pravesh Singh Vs. State of Bihar and ors.
Court: Patna
Decided on: Nov-24-2000
N. Pandey, J. 1. This appeal has directed against the judgment dated January 21, 1988 whereby and whereunder prayer of the appellant for quashing the order of his termination was rejected. 2. From the materials on record, it would appear that pursuant to the decision of the Council of Ministers, a memorandum was placed before the Board of Directors for appointment to the post of Managing Director in the Bihar State Electronic Development Corporation Limited. Thereafter, by the letter dated September 8, 1984 issued by the Special Secretary, the appellant was appointed, on probation for a period of two years. It was also indicated that on expiry of the period of two years, the appellant would be confirmed provided his services were found satisfactory. The appellant having accepted the terms and conditions of the appointment, joined the post and started working. But, according to the respondent-authority, since the appellant utterly failed to perform his duty satisfactorily during the af...
Tag this Judgment!Ramchandra Choudhary Vs. Union of India (Uoi)
Court: Patna
Decided on: Nov-21-2000
1. This is a matter under the Customs Act, 1962, The petitioner has filed that application under Section 130 of the Act aforesaid with a prayer that the High Court may require the Customs, Excise and Gold (Control) Appellate Tribunal, Eastern Bench, Calcutta, to make statement of case as the prayer to do so before the Tribunal was declined. The Tribunal has not been made party in the present proceedings. 2. On facts, there is no issue. The petitioner had arranged to bring into India from Nepal computer parts on a jeep. The jeep was apprehended. The goods were seized and the conveyance also was confiscated. 3. At the time when confiscation had been made the petitioner had filed a petition before the High Court earlier raising an issue that he had not received notice as is contemplated under Section 110 of the Act. This aspect was not accepted by the High Court and the record lay that the petitioner was under a notice. 4. The petitioner apparently forgot the law that under Section 123...
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