Patna Court December 2000 Judgments
Anandi Paswan Vs. State of Bihar
Court: Patna
Decided on: Dec-14-2000
P.K. Sinha, J.1. On calls, no one has turned up on behalf of the appellant.2. Heard the learned Additional Public Prosecutor Sri Ashwani Kumar Sinha and I myself persued the records including the lower Court records.3. This appeal is directed against the judgment dated 30.9.1989 recorded by special Judge for Essential Commodities Act at Samastipur under which this appellant was found guilty for having violated provisions of Clause 3 of the Bihar Essential Articles (Display of Prices and Stock) Order and Clause 10 of Bihar Trade Articles (Licences Unification) Order, 1984, punishable under Sections 7(1)(a)(i) of the Essential Commodities Act, 1955 and sentenced him to undergo rigorous imprisonment for six months.4. On perusal of the record, I find that this judgment cannot be sustained. In the judgment itself, it has been mentioned that the learned Judge delivering judgment had come in the seisin of the case on 21.4.1989. However, it appears that the judgment in the case was delivered ...
Tag this Judgment!Arbind Maharaj Vs. Union of India (Uoi) and ors.
Court: Patna
Decided on: Dec-13-2000
S.K. Katriar, J.1. This writ petition is directed against the order dated 27.10.1998 (Annexure-3), passed by the Headquarters 107 Battalion Border Security Force (hereinafter referred to as BSF), whereby its earlier order dated 4.7.1997 (Annexure-3) has in substance and in effect been rescinded, and acceptance of the petitioner's resignation notice dated 23.6.1997 on account of domestic problems has been withdrawn with consequential directions.2. The petitioner was appointed on 6.5.1985 as Lance Naik, 107 Battalion, BSF. He served for more than 12 years, where after he submitted letter of resignation dated 23.6.1997 (Annexure-1), which was accepted by BSF by its order dated 4.7.1997 (Annexure-2), in terms of Rule 19(1) of the Border Security Force Rules, 1969 (hereinafter referred to as BSF Rules)'... due to some domestic problems at his home, with full pensionary benefits as per Rules....' His name was struck off the strength of the Force with effect from 13.9.1997 (A.N.). The BSF th...
Tag this Judgment!Sudesh Jha Vs. State of Bihar
Court: Patna
Decided on: Dec-12-2000
P.K. Sinha, J.1. This appeal was time barred but by order dated 11.9.1989, this Court ordered that this matter would be considered at the time of hearing of the appeal.2. Heard earned Counsel on limitation. Delay is condoned and this appeal is admitted.3. This appeal has been preferred by convict Sudesh Jha who had faced trial in Sessions Trial No. 34 of 1984 on the charges under Sections 376 and 323 of the Indian Penal Code ('the Code', in short for having committed rape upon Kanti Devi, on 16.5.1983 and also having caused her hurt, but he was acquitted of the charge under Section 376 of the Code and instead of Section 323 of the Code, was convicted under Section 354 of the Code and was sentenced to undergo rigorous imprisonment for one year.4. The fardbeyan of the victim lady Kanti Devi is Ext. 2 as per which she claimed that when at about 4 p.m. on the date of occurrence, she was working in her field, this accused came with curd in an earthen pot and asked her to carry the pot acro...
Tag this Judgment!Ram Awatar Prasad Vs. Harkhen Kumar JaIn and ors.
Court: Patna
Decided on: Dec-06-2000
S.K. Chattopadhyaya, J. 1. Heard learned counsel for the parties. 2. The legal battle of twenty four years has landed ultimately to this Court by way of this instant appeal in which the order of the trial Court, refusing to readmit the appeal, has been challenged. 3. For appreciating the argument advanced on behalf of the parties some factual background may be portrayed; One Krishna Kumar Jain, Secretary of Harkhen Kumar Jain, Digambar Dharmshala as plaintiff filed the title suit No. 23 of 1976 for eviction of the appellant and others on the ground of default, personal necessity and subletting. The defendant contested the suit stating, inter alia, that there was no relationship of landlord and tenant between the parties and the plaintiff had no title over the property. During the pendency of this appeal one Ram Sakkhi Devi filed title suit No. 153 of 1981 for a declaration of title over the suit premises. Her case was that she purchased the property from the real title holder by regis...
Tag this Judgment!Shyam Sunderi Devi Vs. the State of Bihar and ors.
Court: Patna
Decided on: Dec-06-2000
1. This appeal is directed against the part of the judgment dated 25.1.2000, passed by a learned Single Judge in C.W.J.C. No. 5468 of 1997, whereby he has set aside the direction given in the order of the Lokayukta dated 12.12.1991 (Annexure-7 to the writ application) regarding deduction of 1/3rd of the salary of Ram Ganesh Rai (respondent No. 8 herein) and payment of the same to Shyam Sunderi Devi, his step-mother (appellant herein).2. The facts necessary for the disposal of the present appeal are that Rajendra Rai was an employee of the State Government and he died in harness in the year 1985 leaving behind his two widows, namely, Shyam Sunderi Devi (appellant) and Mukhiya Devi. Ram Ganesh Rai is the son from Mukhiya Devi, whereas, Smt. Bibha Kumari is the daughter from Shyam Sunderi Devi. Respondent No. 8 Ram Ganesh Rai was appointed on compassionate ground on 22.6.1990.3. The dispute arose between the two widows as to the payment of retiral dues and according to the agreement betw...
Tag this Judgment!Bedamo Devi Vs. the Managing Director
Court: Patna
Decided on: Dec-06-2000
S.K. Katriar, J.1. This writ petition has been preferred with the prayer to quash officer order No. 1815, dated 29.10.1996 (Annexure-6), whereby the date of birth of the petitioner's late husband had been determined to be 26.1.1928, and for the consequential reliefs.2. The petitioner's husband, Ram Kishun Ram deceased, was appointed as a temporary Khalasi in the Quondam Rajya Transport, underthe Transport and Political Department, Government of Bihar, on 26.1.1953. The Bihar Government had constituted the Bihar State Road Transport Corporation in 1959, a public sector undertaking, to ply buses to carry passengers to different destinations in Bihar, and perhaps outside Bihar also. All employees of the aforesaid Rajya Transport including Ram Kishun Ram were automatically absorbed in the services of the Bihar State Road Transport Corporation (hereinafter referred to as the Corporation'), with effect from 1.4.1959. By letter dated 16.5.1978 (Annexure-A), the Corporation had informed Ram K...
Tag this Judgment!Kishore Kumar Mishra and ors. Vs. State of Bihar and ors.
Court: Patna
Decided on: Dec-05-2000
Shashank Kumar Singh, J.1. Both these Letters Patent Appeals had been made analogous and arise out of a common judgment of the learned Single Judge dated 4th July, 1997 and had been heard together and are as such being disposed of by a common judgment with the consent of the parties.2. L.P.A. No. 931 of 1997 has been preferred against the order and judgment of learned Writ Court dated 4th July, 1997 passed in C.W.J.C. No. 5123 of 1994 whereby the learned Writ Court refrained from interfering in the order of cancellation of appointment of the appellants which were found to have been made illegally without advertisement, in violation of reservation policy of the State Government as no roster clearance has been made and there was no Selection Committee rather from the records of the State, it transpired that no appointment letters had been issued in favour of the writ petitioners.3. L.P.A. No. 995 of 1997 has been preferred against the order of learned Writ Court dated 4.7.1997 vide C.W....
Tag this Judgment!Miss Rafat Batul and anr. Vs. the Lalit Narayan Mithila University and ...
Court: Patna
Decided on: Dec-05-2000
Shiva Kirti Singh, J.1. Both these writ petitions involve common points and hence, they were heard together and with consent of parties, they are being finally disposed of at the stage of admission itself because of urgency of the matter.2. CWJC No. 2583 of 2000 has been preferred by two students belonging to Mithila Minority Dental College, Laheriasarai, Darbhanga. They claim to be regular students of the said College of the Session 1989-93 and Session 1991-95 respectively. CWJC No. 6633 of 2000 has been preferred by four students of Darbhanga Dental College, Darbhanga belonging to various Sessions. The common prayer made in these writ applications is for a direction to the respondents, particularly to the respondent LN Minthila University to hold the pending examinations for all parts of BDS course for which these petitioners claim to be eligible on account of regular studies in their respective Colleges and also for publication/declaration of the pending results of various BDS exam...
Tag this Judgment!Shiva Shankar Singh Vs. State of Bihar and ors.
Court: Patna
Decided on: Dec-01-2000
Prabhat Kumar Sinha, J.1. This is an application against the judgment of acquittal recorded in Sessions Case No. 181/11 of 1997 by the 1st Additional Sessions Judge, Rohtas at Sasaram in which the learned Judge, on consideration of the evidence and materials on the records had held that the prosecution had failed to prove the charge against the accused, who are opposite party Nos. 2 to 6 in this petition, beyond reasonable doubt and acquitted them.2. Obviously in this case, and also claimed in the First Information Report (Ext. 3), the informant Shiv Shankar Singh @ Ghogha Singh was the only eyewitness who claimed in the First Information Report that while on the date of occurrence, he was coming with his uncle and when he stopped on the way to urinate, uncle Kamla Singh proceeded further and thereafter one of the persons there from earlier assaulted him with dagger and on warning of his uncle to flee away, he started fleeing away and heard some sound of firing. In the village, he rai...
Tag this Judgment!National Insurance Company Ltd. Vs. Surendra Prasad Singh and ors.
Court: Patna
Decided on: Dec-01-2000
S.K. Chattopadhyay, J.1. Heard learned Counsel for the appellant and respondent No. 1-claimant on the petition (I.A. No. 7708/99) in which a prayer has been made to condone five days delay in filing the appeal. Counsel for respondent No. 4, though has appeared but did not come to Court to oppose the prayer made in this petition.2. Having heard the Counsel and going through the statements made in the application, I am satisfied that sufficient ground has been made to condone the delay in filing the appeal. In the circumstances, prayer is allowed and the delay in filing the appeal is condoned.3. Heard learned Counsel for the parties and with their consent, this appeal is being disposed of at the admission stage itself.4. The Insurance Company-appellant has impugned the Award dated 19.12.1998 of the Motor Vehicles Claim Tribunal on three counts, (1) the offending vehicle being not insured with the appellant-company, the appellant is not liable to pay any compensation, (ii) the Tribunal h...
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