Patna Court May 2000 Judgments
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State of Bihar Vs. Ramlu Pandit and anr.
Court: Patna
Decided on: May-17-2000
Prasun Kumar Deb, J.1. The judgment of acquittal passed by Shri Pius Xess. the Then 1st Additional Sessions Judge, Dhanbad, dated 27th February, 1991, in Sessions trial No. 222 of 1989 against the respondents who were charged and tried under Sections 302/34 of the Indian Penal Code has been challenged by the State of Bihar in this appeal.2. The prosecution case in brief is that the deceased Dukhini Devi was originally hailing from Bhagalpur district but was staying at Galpharbari Nicheghora under Chirkunda Police Station within the district of Dhanbad. Her husband was not staying with her and she was staying with her minor son. The two accused-respondents were her neighbours. It was alleged that on 28.6.1988 in the night hours at about 7 p.m., while she was cooking food in her house, both the accused-respondents entered the house and tried to misbehave with her and when she protested, they assaulted her with fists and slaps and then put burning match-stick on her body, as a result of ...
Kanai Lal Chowdhury Vs. Union of India (Uoi) and ors.
Court: Central Administrative Tribunal CAT Patna
Decided on: May-15-2000
1. This O.A. is directed against an office order dated 1.12.1998 (Annexure-1) issued by Administrative Officer, ILRI, Namkum, Ranchi (respondent no. 5), which is sought to be quashed. By this order, the applicant has been informed of the grounds for which the Departmental Promotion Committee did not recommend his name for promotion/upgradation from the post of Senior Clerk to the post of Assistant. The applicant has been also strictly warned by this order to improve his conduct towards his duties and not to repeat grave mistakes in future. This order was issued with the approval of the Director, ILRI, Namkum, Ranchi (respondent no. 4). The applicant has also prayed for quashing of the order dated 15.3.1999 (Annexure-5) of the respondent no. 5, whereby his representation was rejected. A relief by way of direction upon the respondents to consider the applicant's case for promotion to the post of Assistant with effect from 6.11.1998, that is, from the date his juniors had been promoted, ...
Tata Engineering and Locomotive Co. Ltd. Vs. Singhbhum thekedar Mazdoo ...
Court: Patna
Decided on: May-15-2000
S.N. Jha, J. 1. The dispute in this letters patent appeal arising from the judgment and order of the learned single Judge in C.W.J.C. No. 3133 of 1995(R) relates to abolition of contract labour in storage and handling work of scrap materials in the scrapyard of Telco Ltd., Jamshedpur, under the provisions of the Contract Labour (Regulation & Abolition) Act, 1970 (in short the Contract Labour Act) and regularisation of the services of the members of the respondent-Union as employees of Telco. The respondent-Union filed the aforesaid writ petition seeking implementation of the notification regarding abolition of contract labour in the aforesaid works under Section 10 of the Act. By the impugned judgment and order, the learned single Judge allowed the writ petition with certain consequential directions. The management has come in appeal. 2. Tata Engineering and Locomotive Company Limited (Telco), the appellant, is a company incorporated under the Companies Act engaged in the manufacture ...
Rajendra Prasad Gupta Vs. State of Bihar and ors.
Court: Patna
Decided on: May-11-2000
Sudhdir Kumar Katriar, J. 1. Both these writ petitions have a good deal in common were directed to be heard together and are, therefore, being disposed of by a common judgment. In fact, CWJC No. 4486 of 1998 is consequential to CWJC No. 640 of 1996. I would like first to deal with CWJC No. 640 of 1996, as the facts are being taken from this writ petition, and CWJC No. 4486 of 1998 would be specifically mentioned when facts would be taken from that writ petition. CWJC No. 640 of 1996 is directed against the resolution dated 21-5-88 (Annexure 1), passed by the Regional Manager of Bihar State Financial Corporation (hereinafter referred to as 'the Corporation'), whereby M/s Sri Bhagwatijee Rice Mill (hereinafter referred to as the 'rice mill'), was permitted to be reconstituted. The said resolution is extracted hereinbelow for the facility of quick reference :- 'Resolve that M/s. Sri Bhagwatijee Rice Mill is allowed to accept the resignation of the partners Sri Rajendra Gupta, Sri Guptes...
Lipika Gupta Vs. State of Bihar and ors.
Court: Patna
Decided on: May-11-2000
1. This writ petition is directed against the decision dated 26-4-99 by the Registrar General of this Court as Taxing Officer in Misc. Appeal No. 367 of 1998 holding that the Court fee paid by the petitioner on the memo of appeal to be insufficient and directing her to pay the deficit court fee.2. The facts of the case, so far as relevant for decision of the case, are as follows : The petitioner instituted matrimonial case No. 48 of 1980 against her husband for restitution of conjugal rights and other matrimonial rights which was dismissed. The dismissal, it is said, was not on merit. The petitioner had filed petition for time which was rejected and the case was dismissed for default. The petitioner came to this Court in First Appeal No. 99 of 1998 which was converted into Miscellaneous appeal namely, M.A. No. 367 of 1998. The petitioner had paid Court fee of Rs. 22.55 on the memo of appeal which as per the Stamp Report was short by Rs. 6.70. After the first appeal wasconverted into m...
Bachchan Prasad Singh Vs. State of Bihar and ors.
Court: Patna
Decided on: May-11-2000
Shiva Kirti Singh, J.1. Petitioner in this writ application is a Jail Clerk in the service of Government of Bihar. He seeks quashing of order dated 10.3.1989 passed by the Inspector-General of Prisons, Bihar, contained in memo No. 1677/J dated 14.3.1989 by which the punishment of stoppage of three annual increments of pay with cumulative effect has been awarded to the petitioner.2. In view of nature of grievance raised against the impugned order, it is not necessary in this case to take note of facts in detail. It is sufficient to note that according to respondents, petitioner was responsible for lapses on two counts while he was posted as a Jail Clerk at Bettiah, Accordingly, an explanation was asked for from the petitioner. According to respondents, the petitioner did not submit any explanation and thereafter through some sort of inquiry, he was found guilty of two charges and the impugned order was passed on that basis.3. Petitioner's case is that no explanation was ever sought fro...
Howrah Motor Co. Ltd. Vs. Bharat Petroleum Corporation and ors.
Court: Patna
Decided on: May-11-2000
S.K. Katriar, J.1. This writ petition is directed against the order dated 17.2.2000 (Annexure-14), whereby the petitioner's dealership agreement dated 22.7.70 has been terminated by respondent No. 1 (Bharat Petroleum Corporation) for committing various breaches of the agreement committed by the petitioner-company for the past few years continuously.2. The petitioner is a public limited company incorporated under the Companies Act, having its registered office at Calcutta and is, inter alia, engaged in the business of retail sale of petroleum products. The petitioner had obtained the licence to sell petroleum products from Burmah Shell, the predecessor-in-interest company of respondent No. 1. Burmah Shell was nationalized by an Act of the Parliament, namely, the Burmah Shell (Acquisition of Undertakings in India) Act, 1976, and its interests and assets in India were taken over by the Government of India and were transferred in terms of Section 7(3) of the Act to respondent No. 1, a Gov...
Rajendra Prasad Vs. State of Bihar and ors.
Court: Patna
Decided on: May-10-2000
D.N. Prasad, J.1. All the above-mentioned three cases including the Criminal Writ were heard together as they arisen out of the same F.I.R. and are being disposed of by this common order.2. Both the Criminal Misc, Cases above-mentioned have been filed by the petitioners praying therein for quashing the entire criminal proceeding initiated against them including the First Information Report being Basia PS Case No. 49/98 dated 18.11.1998 corresponding to G.R. Case No. 662/98 under Sections 420/406/418/120B of the Indian Penal Code pending in the Court of learned Chief (Judicial Magistrate, Gumla, whereas C.R.W.J.C. No. 44 of 2000(R) was filed by the petitioner praying therein for issuance of an appropriate writ in the nature of certiorari or an order or direction for quashing the entire criminal proceeding and criminal prosecution relating to the same Basia PS Case No. 49/98.2-A. The short facts relating to the prosecution case is that one written report was submitted by the Executive M...
Daya Nand Sahay Vs. Shibu Soren and ors.
Court: Patna
Decided on: May-10-2000
R.N. Sahay, J. 1. This is an application under Sections 80 and 81 of the Representation of People Act, 1951 calling in question the election of respondent No. 1 Sri Shibu Soren to the Council of States The petitioner has further sought declaration that he be declared to be duly elected to the Council of States in the election held in 1998. 2. The President of India under Section 12 of the Representation of People Act, 1951 called upon the elected members of the Bihar Legislative Assembly to elect seven members to the Council of States in biennial election held in 1998. The Secretary of the Legislative Assembly Bihar was appointed as the Returning Officer. The petitioner and the respondents Nos. 1 to 7 filed their nominations on the date fixed for this purpose. On scrutiny the Returning Officer found that all the nominations were In order and accepted them as valid. The petitioner and respondents Nos. 1 to 7 contested the election to seven seats from the State of Bihar to the Council ...
Birendra Kumar Singh Vs. State of Bihar
Court: Patna
Decided on: May-10-2000
P.K. Sinha, J.1. Petitioner Birendra Kumar Singh, an accused in M.V. Suit No. 85 of 1993 corresponding to Tr. No. 626 of 1993, pending in the Court of Judicial Magistrate, 1st Class, Aurangabad, has filed this application under Section 482 of the Code of Criminal Procedure praying therein to quash the order dated 30.1.1996 recorded by the learned lower Court whereby and whereunder the petitioner had been declared absconder and a permanent warrant of arrest had been issued against him in a case in which cognizance of offence was taken under Sections 192 and 177 of the Motor Vehicles Act.2. The submission of the learned Counsel in short is that the petitioner was not even aware that his presence was required in the case to face trial so much so that neither any summons or notice was served upon him nor he was aware of issuance of any warrant of arrest, bailable or non-bailable, which in any case, had not been executed against him.3. From perusal of lower Court record that has been recei...
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