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Patna Court March 2000 Judgments

Mar 31 2000

Kuldip Prasad Vs. State of Bihar

Court: Patna

Decided on: Mar-31-2000

S.N. Pathak, J.1. This appeal is directed against the judgment and order of conviction and sentence passed by Shri V.N. Jha, 3rd Additional Sessions Judge, Muzaffarpur in Sessions Trial No. 345 of 1996. The sole appellant was convicted under Section 376 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for ten years.2. The case of the prosecution, as stated in the fardbeyan (Ext. 2) of Shakuntala Devi, mother of the victim girl, is that on 22.2.1996 at about 6.30 p.m. the informant's daughter namely, Chandra Kumari, aged about 4 1/2 years, was playing at the verandah of her house along with other children where the accused-appellant Kuldip Prasad came and offered chocolate to her daughter. On allurement of chocolate, the accused lifted the victims in his lap and carried her away. When the informant's daughter did not return for an hour, the informant started search for her in the mohalla. Subsequently, she was found near the boundary wall of the house of one lawy...

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Mar 31 2000

Dr. Ghanshyam Narayan Singh Vs. State of Bihar and ors.

Court: Patna

Decided on: Mar-31-2000

Nagendra Rai, J.1. The petitioner, an accused in Shri Krishnapuri P.S. Case No. 202 of 1999, registered under Sections 498A, 307, 323, 506/34 of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act, has filed the present writ application for issuance of a writ of habeas corpus for his release from unlawful detention perpetrated by order of remand dated 9-10-1999, passed by the Chief Judicial Magistrate, Patna (respondent No. 3).2. Respondent No. 6 Smt. Annu Singh alias Anamika Priyadarshini, daughter of Dr. Y.K. Sudarshan (respondent No. 7), was married with the son of the petitioner, namely, Sanjay Kumar on 31-1-1996, which was solemnized at Patna. Initially, there was a good relationship between them, but latter on the relationship between them became strained and a matrimonial case bearing No. 151 of 1999 has been filed by the husband for divorce on the ground of cruelty, which is pending before the Family Court, Patna. Respondent No. 6 lodged a written report be...

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Mar 30 2000

President, 42nd MaIn B.P.S.C. Examination Sangharsh Samitee and ors. V ...

Court: Patna

Decided on: Mar-30-2000

S.K. Singh, J.1. Through this writ application, the petitioners who are the candidates who took the 42nd Combined Competitive (Written) Examination conducted by the Bihar Public Service Commission (hereinafter referred to as 'the B.P.S.C'), have prayed for cancelling the result of the aforesaid written examination published on 9.10.1999 and have also sought a declaration that the entire process of the said examination be declared illegal.2. On 3.11.1999, this Court passed an interim order by which the B.P.S.C. was restrained from publishing the result of the successful candidates who may have competed on the basis of written examination and interview. By another order dated 10.12.1999, this Court noted one of the major contentions on behalf of the petitioners that unwanted and mala fide re-evaluation of answer books had been done in different subjects, such as, Pali, Persian, Physics, Urdu, Arabic, Public Administration and Social Welfare. The contention of the petitioners was that in...

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Mar 30 2000

Ravi Kumar and anr. Vs. the State of Bihar

Court: Patna

Decided on: Mar-30-2000

Indu Prabha Singh J.1. This application in revision under Sections 397 and 401 of the Code of Criminal Procedure, 1973 (in short 'the Code') is directed against that part of the judgment and order dated 5-8-1997 passed by Shri Daroga Prasad, 3rd Additional Sessions Judge, Gaya in Cri. Appeal No. 13/96/27/97 whereby while allowing the appeal and setting aside the judgment of conviction of the petitioners passed by the S.D.J.M., Gaya in G.O. Case No. 25 of 1993/Tr. No. 231 of 1996 under Section 16(1)(a)(i) of Prevention of Food Adulteration Act (in short 'the Act') sentencing each of them to undergo rigorous imprisonment for six months and to pay a fine of Rs. 500/- each in default of rigorous imprisonment for two months (sic) be remanded the aforesaid case for fresh trial to the trial Court in accordance with law.2. The prosecution case, in short, is that at about 4.10 p.m. on 25-8-1992 the Food Inspector (P.W. 6) along with another Food Inspector (P.W. 2) visited the shop of petitione...

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Mar 29 2000

Maya Devi Vs. State of Bihar and ors.

Court: Patna

Decided on: Mar-29-2000

Radha Mohan Prasad, J.1. In this writ petition, the prayer on behalf of the petitioner is to issue an appropriate writ, order or direction commanding the respondents to pay due salary, retirement benefits e.g. gratuity, earned leave salary, provident fund amount, besides the payment of salary of her deceased-husband till his date of retirement, i.e., 30.11.2013 and also to enhance the amount of ex-gratia grant and pay its remaining sum.2. The petitioner is the widow of Late Ramanand CSiri, who was shot dead on 26.11.1989 during the general election of Parliament in the year 1989 while working as Presiding Officer at Polling Booth No. 197 situated at Primary School. Aalahganj within 244 Assembly Makhdumpur constituency. The petitioner's husband at that time was working as Assistant Teacher in Shri Raghav High School, Anandpur, P.S, karpi in the district of Jehanabad. The deceased left behind him his wife (the petitioner) and three minor children, namely, Viveknnand (son), Viinla Kumari...

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Mar 29 2000

Anil Kumar Singh Vs. Union of India (Uoi) and ors.

Court: Patna

Decided on: Mar-29-2000

Sudhir Kumar Katriar, J. 1. This writ petition has been preferred with the prayer to cancel the selection of respondent No. 7 (Smt. Veena Rani Singh) as dealer of Indane Liquified Petroleum Gas ('dealership in short), of the Indian Oil Corporation (respondent No. 2), at Babura, district Bhojpur, and for the further direction to respondent No. 2 to appoint the petitioner in her place.2. The writ petition was originally preferred with the prayer to complete the procedure for award of the dealership in question in accordance with the result published on the notice board of the Dealers Selection Board on 27-3-1999, wherein the petitioner figured at serial No. 1 amongst the list of candidates selected for award of the dealership and to award the same accordingly to the petitioner. It appears that during the pendency of the present writ petition, the petitioner filed an interlocutory application bearing LA. No. 919 of 2000, in substance seeking to challenge the selection process on the gro...

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Mar 29 2000

Girja Singh and anr. Vs. Gaynwanti Devi and ors.

Court: Patna

Decided on: Mar-29-2000

P.K. Deb, J. 1. This appeal has arisen out of the judgment and decree dated 5-10-1977 and 15-10-1977 respectively passed by the then 1st Additional Subordinate Judge, Hajipur, in Title Appeal No. 203 of 1967 whereby and whereunder the judgment and decree dated 8-8-1967 and 23-8-1967 respectively passed by the then Additional Munsif, Hajipur in Title Suit No. 155 of 1961 (25 of 1966) has been reversed. The suit filed by the plaintiffs-appellants for redemption of mortgage in respect of 1 bigha 1 khatta 4 dhoors of S. P. No. 14 appertaining to khata No. 220 had been decreed by the original Court but such decree has been reversed in dismissal of the suit by the appellate Court. 2. As per the case of the plaintiffs-appellants they were the members of a joint family having plaintiff No. 2 being the karta had acquired right, title and interest over the suit property and filed the suit for redemption in respect of 1 bigha 1 khatta 4 dhoors which had been mortgaged by Shambhu Mahto and Bhik...

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Mar 29 2000

C.V. Ramaswamy Vs. State of Bihar and ors.

Court: Patna

Decided on: Mar-29-2000

Anil Kumar Sinha, J.1. All these cases were heard analogous and are disposed of by this common order/judgment as they arise out of the same case.2. The petitioners filed application under Section 482 Cr.P.C. for quashing the order dated 8.8.94 passed by the Chief Judicial Magistrate, Ranchi, whereby he took cognizance in Complaint Case No. 218/94 and also for quashing the entire criminal proceedings and the order dated 16.12.94 passed by Sri O.P. Sinha, Judicial Magistrate, 1st Class, Ranchi, whereby he ordered to issue summons against the accused-petitioners.3. The relevant facts, concerning the cases, as aforesaid are that the complainant, who is the Managing Director of Vijeta Construction Ltd. filed Complaint Case No. 218/94 against the petitioners in the Court of the Chief Judicial Magistrate, Ranchi, alleging therein that the accused-persons induced the complainant, its Directors and other officials for purchasing of Uelzender Heavy Duty Plaster Sprayer Model. S-80 D machine val...

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Mar 29 2000

The Branch Manager, United Bank of India Vs. Jagarnath Pandey

Court: Bihar State Consumer Disputes Redressal Commission SCDRC Patna

Decided on: Mar-29-2000

A.N. Chaturvedi, President: 1. This appeal by opposite party-appellant is directed against an order dated 7.3.1995 passed by District Forum, Muzaffarpur, in Case No. 188 of 1994 whereby the District Forum has directed the opposite party-appellant to pay Rs. 20,000/- to the complainant (respondent) as compensation for the loss caused to him within three months from the date of the impugned order failing which the complainant would be entitled to realise the said amount with interest @ 18% per annum with effect from the date of the order. 2. The complainant (respondent in this appeal) filed a complaint before the District Forum, Muzaffarpur, alleging therein that he had Savings Bank Account No. 637 in Minapur Branch of United Bank of India. On 4.4.1994 he wanted to withdraw a sum of Rs. 5,000/- (five thousand) by depositing withdrawal form in the said Branch of the Bank but the same could not be withdrawn and the withdrawal form was returned back to him even after acceptance. As a result...

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Mar 28 2000

Nand Kishore Pandey Vs. State of Bihar and ors.

Court: Patna

Decided on: Mar-28-2000

M.Y. Eqbal, J. 1. In the Instant writ application, petitioner has prayed for quashing the order dated 14-7-1998/17-7-1998 passed by respondent No. 2, Secretary, Department of Transport, Government of Bihar, Patna affirming the order dated 23-2-1998 passed by respondent No. 3-Joint Commissioner, State Transport, Government of Bihar. Patna, whereby and whereunder the1 petitioner's application for exemption in payment of Road tax from 1-4-1992 till date of Issuance of fitness certificate has been rejected. Copies of orders have been filed and annexed as Annexures-4 and 5 to the writ application. 2. Facts of the case are not much in dispute. Petitioner owned and possessed commercial vehicle (trekker) bearing No. BR-17A-5575 which was purchased by him from B.P. Agarwalla and Sons, Dhanbad Branch after getting finance from the State Bank of India. The vehicle was registered in the name of the petitioner and certificate of registration was issued on 7-1-1991 and necessary road permit was als...

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