Patna Court April 2000 Judgments
Ramayan Singh Vs. State of Bihar and anr.
Court: Patna
Decided on: Apr-25-2000
Nagendra Rai J.1. The petitioner has filed the present writ application in the nature of habeas corpus praying therein to release him from the judicial custody on the sole ground that his remand by the Chief Judicial Magistrate is illegal and without jurisdiction as he has no power to remand the petitioner after submission of the charge-sheet and before taking of the cognizance.2. The facts necessary for disposal of this writ application are that the petitioner is facing prosecution in Udwantnagar P. S. Case No. 49 of 1999 registered under Sections 147, 148, 149, 302, 307 and 354 of the Indian Penal Code (hereinafter referred to as 'the Code').3. According to the allegation, the petitioner was outraging the modesty of the Bhabhi of the informant but due to timely intervention of the informant and others, she was saved. Later on the informant and others went to protest at the house of the accused petitioner. Thereafter, the accused petitioner assaulted the informant.4. The petitioner i...
Tag this Judgment!Ganesh Mechanical Works Vs. Executive Engineer, Electric Supply Divisi ...
Court: Bihar State Consumer Disputes Redressal Commission SCDRC Patna
Decided on: Apr-24-2000
A.N. Chaturvedi, President: 1. This appeal by the complainant is directed against an order dated 29.7.1997 passed by District Forum, Gaya in Complaint Case No. 36 of 1994 whereby the District Forum dismissed the complaint filed by the complainant-appellant. 2. The case of the complainant Ganesh Mistri was that he as the proprietor of M/s. Ganesh Mechanical Works at Gaya has Arc Welding Set which is run by electrical energy and for that he had taken Electric Connection No. 11530 L.T.I.S. from Bihar State Electricity Board. He had entered into an agreement with the said Electricity Board on 15.1.1976 under the terms of which he had installed electric motor of 3 H.P. and was to pay energy charges for 8.36 H.P. The Executive Engineer, Urban Electric Supply Division, Gaya, visited the site of his Arc Welding Shop and wrongly reported that the name plate of the Arc Welding Set was missing and hence he levied charge on the consumption of electrical energy for the total load of 14 H.P. with ef...
Tag this Judgment!Adah Mandal and ors. Vs. State of Bihar
Court: Patna
Decided on: Apr-21-2000
1. There are three appellants in Cr. Appeal No. 120/94, namely, Adan Mandal, Mohi Mandal and Basant Mandal. They are all residents of P.S. Sultanganj, district Bhagalpur. There are six appellants in Cr. Appeal No. 139/94. Appellant No. 2, Dhiro Mandal and appellant No. 6, Anandi Mandal died during the pendency of this appeal and therefore, their appeal stands abated. All the appellants of this appeal are residents of Nawada, P.S. Tarapur, district Munger. The appellants of both the appeals were charged and tried for the offence punishable under Section 396, IPC and have been found guilty by the lstAddl. Sessions Judge, Banka, they have been sentenced to undergo rigorous imprisonment for life. The only distinction between these two appeals is that all the appellants of Cr. Appeal No. 120/94 are named in the FIR, while none of the appellants of Cr. Appeal No. 139/94 are named in the FIR. They have been named subsequently by some of the prosecution witnesses during investigation.2. The o...
Tag this Judgment!Ajay Kumar Saha and ors. Vs. Union of India (Uoi) and ors.
Court: Patna
Decided on: Apr-21-2000
R.N. Sahay, J.1. this application under Article 226 of the Constitution of India, the petitioners, who are traders in betelnuts, seek appropriate writ for release of 40 bags of betelnuts which were seized from Brake Van of Brahmputra Mail at Patna Junction on 28.4.1999 by the officers of Customs, Headquarter Patna. One of the grounds for release of the betelnuts is failure on the part of the Custom authorities to comply with Section 110(2) of the Customs Act, 1962.2. The first petitioner asserts that he had purchased 10 bags of Assam Kata Dry Supari weighting 800 kg. from M/s. Amal Chandra Sana, Barpeta Road, Assam on 24.4.1999 on which Assam General Sales Tax was paid. Petitioner No. 2 purchased 10 bags of Assam Kata Dry Supari from Paresh Chandra Saha, Barpeta Road, Assam on the same day and 10 bags from Dhirendra Mohan Saha, Barpeta Road, Assam on 25.4.1999. Petitioner No. 3 purchased 10 bags of Assam Kata Supari from Ganesh Chandra Saha on 25.4.1999. Copies of the challan relating...
Tag this Judgment!Lal Babu Sah and ors. Vs. State of Bihar
Court: Patna
Decided on: Apr-20-2000
B.N. Singh 'Neelam', J.1. This appeal is so preferred by the appellants Lal Babu Sah, Kaushal Kumar Singh and Upendra Singh against the judgment of conviction and sentence so passed by the learned 4th Additional Sessions Judge, Vaishali at Hajipur in Sessions Trial No. 81/91 by virtue of which the accused-appellants have been convicted under Sections 376 and 302 read with Section 34 of the Indian Penal Code and after hearing on the point of sentence they have been directed as to undergo rigorous imprisonment for life.2. The prosecution was so launched against the appellants on the basis of the Fardbeyan marked as Ext.2 so given by the first informant of this case Nazir Das figuring as P.W.7 detailing that on 25-12-89 his daughter Sunita Kumari aged about 15-16 years (since deceased) along with her younger brother Sanjay Das (P.W.5) had gone to the flour mill of one Choudhary Sah for grinding of wheat and maize and because of the brother and sister not returning till 3 p.m. the informa...
Tag this Judgment!Jag Mohan Mehrotra and ors. Vs. Hindustan Petroleum Corporation Ltd. a ...
Court: Patna
Decided on: Apr-20-2000
Sudhir Kumar Katriar, J. 1. This writ petition has been preferred by three petitioners for issuance of a writ of certiorari to quash the letter dated December 28, 1998 (annexure 5), issued by the Hindustan Petroleum Corporation Ltd. (respondent No. 1), whereby it has in terms of Section 7(3) of the Esso (Acquisition of Undertakings in India) Act, 1974 (4 of 1974) (hereinafter referred to as 'the Act'), exercised its right to renew the lease with the petitioners for the land in question for a further period of 33 years commencing from March 1, 1999, on the same terms and conditions on which the lessee held the lease immediately before March 13, 1974. 2. Petitioner No. 1 (Jagmohan Mehrotra), being the karta of family which owns the plot of land in question, had entered into a registered deed of lease on October 11, 1966 (annexure 1), with Esso Standard Eastern Inc., incorporated in the United States of America, having an office in the city of New York, State of New York, and branch offi...
Tag this Judgment!Muva Industries Ltd. Vs. State of Bihar and ors.
Court: Patna
Decided on: Apr-20-2000
P.K. Sinha, J.1. The aforesaid three Criminal Miscellaneous applications are between the same parties, filed by Muva Industries Ltd. against the State of Bihar and Labour Enforcement Officer (Central), Dhanbad, and have been heard together as the law point involved in these cases is the same, and are being disposed of by this judgment with consent of both the parties.2. In Cr. Misc. No. 4522 of 1996, prayer has been made to quash the entire complaint case being G.O.R. Case No. 260 of 1995, under Sections 23 and 24 of the Contract Labour (Regulation and Abolition) Act, 1970 (hereinafter referred to as '1970 Act') instituted on the written report of Labour Enforcement Officer (Central), Dhanbad, as also to quash order dated December 19, 1994 by which Sub-divisional Judicial Magistrate, Madhupur at Deoghar, had taken cognizance of the offence.3. In Cr. Misc. No. 4610 of 1996, the same petitioner has prayed to quash the entire complaint case bearing G.O.C.R. Case No. 920 of 1998 correspon...
Tag this Judgment!Sheikh Aslam Vs. Union of India (Uoi) and ors.
Court: Patna
Decided on: Apr-20-2000
Ravi S. Dhavan, C.J.1. Normally when delay takes place in answering a cause or a writ petition, the Court on a good and sufficient cause may extend the time for filing a reply.2 But. in the present case, the Court is recording its reasons on why special costs are being imposed on certain respondents who had notice of the writ petition, but chose not to file a reply to answer the submissions made in the present writ petition.3. This writ petition was initially filed on 25th August, 1999. Notices on behalf of some of the State-respondent s had been accepted when the matter was listed on 31st August, 1999. Notices were accepted on behalf of Respondent Nos. 8, 9, 10, 11, 12, 15 and 16. These respondents represent the State of Bihar. Perhaps, by mistake, reference to respondent No. 22 had been left out. Insofar as these respondents are concerned, a counter-affidavit, has been filed on behalf of the Deputy Inspector-General of Police, North Chotanagpur Range. Hazaribagh and the Superintende...
Tag this Judgment!Kameshwar Jha Vs. Union of India (Uoi) and ors.
Court: Central Administrative Tribunal CAT Patna
Decided on: Apr-19-2000
1. This transfer Application has been registered on receipt of the Title Appeal No. 29/93 from the Court of II Additional District and Sessions Judge, Darbhanga. The Title Appeal No. 29/93 was preferred by the Plaintiff applicant against the judgment dated 29.1.77 and decree dated 4.2.77 passed by the II Additional Munsif, Darbhanga, in Title Suit No. 234/93 /11/75 dismissing the prayer of the plaintiff-Applicant for declaration of his dismissal order as void, illegal and mala fide and for his reinstatement in the service.2. The case has a chequred career. The plaintiff-applicant, Kameshwar Jha, was appointed as a Postal Clerk in Darbhanga Division on 28.12.1954. A criminal case was lodged against him for booking parcel of contraband articles on 6.7.59, and he was put under suspension. In this criminal case, a final form was submitted, but the suspension order passed against him was not revoked. Subsequently, an another criminal case was lodged against him with the allegation of submi...
Tag this Judgment!S.A. Alam Vs. Union of India (Uoi) and ors.
Court: Central Administrative Tribunal CAT Patna
Decided on: Apr-18-2000
1. The applicant who retired from railway service on 30.11.1993, when he was holding the post of P.O./RCT/Patna (full form of designation not given), is challenging the initiation of departmental inquiry against him vide memo dated 29.11.1993, relating to awards of contracts by him during 1988 to 1991, when he was senior DCS, Katihar.2. It is stated in the written statement filed on behalf of the respondents that the impugned charge sheet/memo was sought to be served on him on 30.11.1993, which was the day of his retirement, but he refused to accept it, and it was published on the notice board. Now one preliminary issue has to be decided first.3. Shri M.M.P. Sinha, the learned Counsel for the applicant argued that the charge sheet cannot be treated as having been served while the applicant was still in service. He stated that a retiring government servant normally hands over his charge finally at noon of the day of his retirement, and the after-noon is not considered to be a part of t...
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