Patna Court February 2000 Judgments
Bhola Prasad Mandal Vs. State of Bihar
Court: Patna
Decided on: Feb-29-2000
M.L. Visa, J.1. This is an application for quashing the entire proceeding pending before the Special Judge, Vigilance, South Bihar, Patna in Special Case No. 30/91 under Sections 13(1)(d) and 13(2) of Prevention of Corruption Act, 1988 and order dated 6-5-99 passed by the learned Special Judge, Vigilance, South Bihar, Patna refusing the prayer of petitioner for closing the case of prosecution.2. The brief facts giving rise to this petition are that a F.I.R. on 5-4-91 was lodged against the petitioner by Addl. Superintendent of Police, Vigilance, Patna alleging therein that the petitioner while posted as Joint Registrar, Co-operative Societies, Magadh Division, Gaya from 1-9-82 to 15-1-86 made appointments of 11 Assistants and 11 Peons quite irregularly, without following the formalities, without taking permission from the department and in spite of posts not being created and in this way a loss of Government exchequer to the tune of Rs. 2,19,124.03 on account of salary paid to the per...
Tag this Judgment!Amrit Varsha Hindi Dainik Vs. Bihar State Agriculture Marketing Board ...
Court: Patna
Decided on: Feb-29-2000
B.P. Singh, J. 1. These two Letters Patent Appeals arise out of the common judgment and order of a learned Judge of this Court dated 16th October. 1998 in Civil Writ Jurisdiction Case No. 5918 of 1997 and, therefore, these two appeals have been heard together and are being disposed of by this Judgment. 2. The writ petition was filed by Amrit Varsha Hindi Dainik through its proprietor publisher and auditor Paras Nath Tiwari, which has its office in the premises in question being Pant Bhawan, Bailey Road, Patna, which admittedly is owned by the Bihar State Agriculture Marketing Board (hereinafter referred to as the respondent-Board). In the writ petition filed by Amrit Varsha Hindi Dainik (hereinafter referred to as the appellant), the orders of the Sub-Divisional Officer, Sadar Patna, respondent No. 2 herein, dated 22-11-1997 and 2-12-1997 ordering its eviction from the premises in question under the provisions of the Bihar Government Premises (Rent, Recovery and Eviction) Act, 1956...
Tag this Judgment!The State and Etc. Vs. Hari Narayan Mahto and ors.
Court: Patna
Decided on: Feb-29-2000
Bisheshwar Prasad Singh, J.1. The two appeals before us and the Death Reference arise out of a common judgment and order of the 2nd Addl. Sessions Judge, Nalanda dated 11th August, 1998 in Sessions Trial No. 507 of 1996/33 of 1997, 12 persons were variously charged of offences under Sections 302, 302/34, IPC and Section 27 of the Arms Act. The trial Court recorded a finding that the prosecution had failed to prove its case against 8 of the accused persons who were put up for trial, and consequently recorded an order of acquittal in their favour. It however found that the prosecution had established its case beyond reasonable doubt against the remaining four accused who are the appellants in the two appeals before us. Appellants Hari Sarain Mahto, Deoki Mahto and Lakhan Mahto, appellants in Criminal Appeal No. 392 of 1998, have been found guilty of the offence under Section 302, IPC and all of them have been sentenced to death. Appellant Subodh Kumar, the sole appellant in Criminal App...
Tag this Judgment!Jitendra Kumar Agarwalla Vs. the State of Bihar and anr.
Court: Patna
Decided on: Feb-29-2000
Anil Kumar Sinha, J.1. The present application has been filed against the order dated 13-12-1996 passed by the Chief Judicial Magistrate, Dhanbad, in C.P. Case No. 831 of 1992, whereby and whereunder he took cognizance against the petitioner under Sections 302/307/114 of the Indian Penal Code.2. For better appreciation some of the relevant facts concerning this application may be stated in brief. On 16-2-1992 a case under Sections 302/307/114/34 of the Indian Penal Code readwith Section 27 of the Arms Act was registered at Dhanbad (Saraidhella) police station No. 117 of 1992 against the petitioner and three unknown persons on the basis of the statements of Sunit Kumar Roy Choudhary alias Sunit Roy Choudhary and after investigation the police submitted final form in the case on 22-6-1992, in which the accusations against the petitioner and one Indra Mohan Lal were found to be false. Before acceptance of final form a protest petition in the form of complaint was filed by the informant/c...
Tag this Judgment!Rashtriya Koila Mazdoor Congress and ors. Vs. Steel Authority of India ...
Court: Patna
Decided on: Feb-29-2000
M.Y. Eqbal, J. 1. In all these writ applications, since the common question of law and facts as to whether the writ petitioners are entitled to be absorbed/regularised in service is involved, the same have been heard together and are disposed of by this common judgment.2. In CWJC No. 1938/1995(R) the petitioners seek issuance of appropriate writ commanding upon the respondents to regularise their services as permanent employees of respondent No. 2, Indian Iron and Steel Company Ltd. in view of various settlements, agreements and notifications issued by the Central Government under Section 10 of the Contract Labour (Regulation and Abolition) Act, 1970 and to declare that the nature of job being performed by the petitioners is permanent and perennial in nature and is of sufficient duration for more than 20 years and continuation of the petitioners to do the work under the contractors is unreasonable, unjustified, arbitrary and violative of Articles 14, 16, 21 and 300A of the Constituti...
Tag this Judgment!Shishir Kr. Choudhary @ Bachu Choudhary and ors. Vs. State of Bihar an ...
Court: Patna
Decided on: Feb-28-2000
D.N. Prasad, J.1. This application has been filed under Section 482 of the Code of Criminal Procedure for quashing the entire criminal proceeding of the Complaint Case No. 367/98 and also for quashing the cognizance order dated 25.9.1998.2. The short facts giving rise to this application is that one complaint petition was filed by the opposite party No. 3 in the Court of Chief Judicial Magistrate, Ranchi, on 22.7.1998, alleging therein that on 5.2.1995 the marriage of Ranjana Choudhary (opposite party No. 2) was solemnised with Shishir Kr. Choudhary @ Bachu Choudhary in Sati Mandir, Ratu Road, Ranchi, and thereafter the petitioner No. 1 started demanding money. It is further alleged that the accused persons also started demanding dowry and due to non-fulfilment of the dowry, they started assaulting and torturing Ranjana Choudhary. It is further alleged that on 7.7.1997, all the petitioners poured kerosene oil on the body of opposite party No. 2 (Ranjana Choudhary) and pushed her on th...
Tag this Judgment!Ram Prasad Singh Vs. Uday Shankar Prasad
Court: Patna
Decided on: Feb-25-2000
Indu Prabha Singh, J.1. This is an application in revision under Sections 397, 398 and 401 of the Code of Criminal Procedure, 1973 (in short 'the Code'). It is directed against the order dated 7-12-1994 passed by Shri Shyam Badan Singh, Chief Judicial Magistrate, Nalandaat Biharsharif in Complaint Case No. 311-C of 1994 whereby he dismissed the petition of complainant under Section 203 of the Code.2. From the record it appears that the petitioner; as a complainant had filed a complaint petition on 16-7-1994 in the Court of the Chief Judicial Magistrate, Nalanda at Biharsharif against opposite party and six others armed police personnel for their prosecution under Sections 323, 395, 457 read with Section 34 of the Indian Penal Code. In the complaint petition it was alleged that in the night between the 14th and 15th day of July, 1994 while the complainant was away from his house opposite party No. 2 along with six armed police constables came to his house and asked his son Sashi Pal Ke...
Tag this Judgment!Damodar Valley Corporation and ors. Vs. State of Bihar and ors.
Court: Patna
Decided on: Feb-24-2000
M. Y. Eqbal, J. 1. All these three writ applications involving common question of law and facts have been heard together and are being disposed of by this common judgment.2. C.W.J.C. No. 804/1996 (R) has been filed by the petitioner Damodar Valley Corporation (in short DVC) against the respondents, who are the workmen, challenging the order passed by the Labour Commissioner, Bihar whereby he has held that the respondent Nos. 4 to 24 are entitled to get regular pay at par with the regular employees of the petitioner DVC.3. Similarly C.W.J.C. No. 2576/1997(R) has been filed by the petitioner DVC for quashing the order dated December 19, 1996 passed by the Labour Commissioner, whereby he has held that the Labour Department, Bihar should take steps for abolition of contract labour under Section 10 of the Contract Labour (Regulation and Abolition) Act after holding that the respondent Nos. 4 to 24 are working for a considerable period in a permanent nature of job and are entitled to be in...
Tag this Judgment!Sarup Singh and Company and ors. Vs. State of Bihar and ors.
Court: Patna
Decided on: Feb-23-2000
1. These two writ petitions have been heard together as the dispute involved in both of them is the same.2. There are seventeen petitioners in all. five of whom are common. In CWJC No. 3384 of 1992 (R), the petitioners' case is that they deal in bailies, rollas, Cogging Slipers etc. of eucalyptus, a kind of tree known in local parlance as 'Safeda'. They bring the timber from Haryana where it is grown by the farmers on their lands. It is said that eucalyptus is treated as an 'agricultural produce' in that State and there is no restriction on its export etc. there. However, when the timber is brought into the State of Bihar, the consignment is detained by the forest officials on the ground that it is not accompanied by transit permit. The contention of the petitioners is that the provisions of the Bihar Timber and other Forest Produce (Regulation of Transportation) Rules 1973 (hereinafter referred to as 'the Transit Rules') which provide for transit permits, are not applicable to import...
Tag this Judgment!Himmat Singh Vs. State of Bihar
Court: Patna
Decided on: Feb-23-2000
D.N. Prasad, J.1. This application has been filed under Section 482 of the Code of Criminal Procedure for quashing the entire criminal proceeding including the order taking cognizance dated 22.7.1985 in Govindpur PS. Case No. 10/85 (G.R. Case No. 35/85).The short facts giving rise to this application is that one Sub-Inspector, CISF, submitted a written report, alleging therein that on secret information, a truck bearing No. BPA-955 loaded with steam coal was transporting the same illegally for selling in black-market. The informant, along with others intercepted the truck on the G.T. Road. Thereafter, the informant seized the truck loaded with coal and submitted the written report before the police on the basis of which the FIR was registered against the petitioner and others for the offences under Sections 467, 468, 471, I.P.C. and Section 7 of the Essential Commodities Act. The police investigated the case and submitted the charge-sheet. The learned Special Judge took cognizance by ...
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