Patna Court June 2000 Judgments
Shiv Jatan Pandey and ors. Vs. State of Bihar
Court: Patna
Decided on: Jun-23-2000
R.N. Prasad, J.1. The appellants have preferred this appeal against the judgment and order dated 24.4.1987 passed by 3rd Additional Sessions Judge, Bhagalpur in Sessions Trial No. 115 of 1982 whereby the appellants have been convicted for the offence under Sections 302/34 of the Indian Penal Code and have been sentenced to undergo imprisonment for life. Appellants. Shiv Jatan Pandey and Ambika Pandey have further been convicted for the offence under Section 27 of the Aims Act and have been sentenced to undergo rigorous imprisonment for seven years.2. The prosecution case as has been stated in the fardheyan is that, one Tulsi Pandey gave his fardbeyan on 29.8.1980 at about 2.30 p.m. that on 28.8.1980 he along with Brahmanand Pandey, Baleshwar Pandey and his two sons, namely, Gajadhar Pandey and Siya Ram Pandey caught Dhuliyan train at Mirza Chauki railway station in the morning to go to Bhagalpur to attend a proceeding under Section 107 of the Code of Criminal Procedure pending in the ...
Tag this Judgment!Smt. Indua Prakash and anr. Vs. State of Bihar and ors.
Court: Patna
Decided on: Jun-23-2000
S.J. Mukhopadhaya, J.1. Both the cases relate to Project School and as common impugned order dated 10th August, 1996 is under challenge, they were heard together and are being disposed of by this common judgment.2. The petitioners Indu Prakash (of C.W.J.C. No. 8110/96) and Pratibha Singh (of C.W.J.C. No. 8903/96) were teachers in Shanti Raman Project Girls High School, Sadhwara, Saran. Their services were taken over/recognised and then, subsequently cancelled, vide impugned order dated 10th August, 1996. In the aforesaid circumstances, common impugned order dated 10th August, 1996 is under challenge in these cases.3. As the cases can be disposed of on short point, it is not necessary to discuss all the facts, except the relevant one, as stated hereunder.4. The petitioner Indu Prakash (of C.W.J.C. No. 8110/96) was appointed as an Assistant Teacher on 25th November, 1983 by the then Managing Committee of Shanti Raman Girls High School, Sadhwara, Saran. Such appointment was stated to hav...
Tag this Judgment!Md. Muslim HussaIn Vs. State of Bihar and ors.
Court: Patna
Decided on: Jun-23-2000
S.J. Mukhopadhaya, J.1. The petitioner has challenged the order, contained in Memo No. 406 dated 25th August, 1998, passed by the Special Director, Secondary Education, Government of Bihar in an appeal-petition preferred by Respondent No. 6, Md. Ishaque. By the impugned order, while the Managing Committee, which appointed the petitioner, has been held to be illegally constituted, the appointment of petitioner has been held to be illegal on such ground. The authority also upheld the appointment of Respondent No. 6, Md. Ishaque.2. It appears that six units were sanctioned by the State of Bihar in 1981 for the Madarsa with Junior Section, namely, (i) Fazil-1 post; (ii) Alim-1 post; (iii) Moulvi-1 post; (iv) Hafiz-1 post; (v) I.A. Trained-1 post; and (vi) Matric trained-1 post.On the basis of a certificate of Fazil Nizami, the 6th Respondent was given appointment in 1977 against the post of Alim.3. It appears that before approval of the appointment by the Bihar State Madarsa Education Boa...
Tag this Judgment!Nitya Nand Singh and Etc. Vs. State of Bihar
Court: Patna
Decided on: Jun-22-2000
Deoki Nandan Prasad, J.1. Both applications filed under Section 482 of the Code of Criminal Procedure have been heard together as they are arising out of the same order dated 17-3-97 passed by Shri S. K. Sirha, Judicial Magistrate, 1st Class, Ranchi in G. R. No. 1800 of 1992 (Hatia P. S. Case No. 122 of 1992) whereby and whereunder the learned Magistrate passed the order for issuance of summons against both the petitioners under Section 319 of the Code of Criminal Procedure.2. The short facts giving rise to this applications that Hatia P.S. Case No. 122 of 1992 was registered against the accused persons including the petitioners by one Yashoda Devi alleging therein that her husband Bahura Sahu working as Mazdoor in H.M.B.P. died in H.E.C. plant Hospital on 13-11-1987 and she was his nominee in his Provident Fund Account/Group Insurance etc. but one Maina Devi daughter of Moti Sahu impersonating herself as Yasoda Devi withdrew the final payment due to be paid to her husband Bahura Sahu...
Tag this Judgment!Chandu Mahato Vs. State of Bihar
Court: Patna
Decided on: Jun-21-2000
Anil Kumar Sinha, J.1. This appeal has been directed against the judgment and order of conviction and sentence passed by the Special Judge, C. B. L., Ranchi, in R. C. Case No. 16{A) /89(R) whereby and where under he convicted the appellant namely Chandu Mahato under Sections 120B, 420, 419, 468, 471, 477A of the Indian Penal Code and Section 13(i)(d) read with Section 13(2) of the Prevention of Corruption Act and sentenced him to undergo rigorous imprisonment for a period of five years under Section 13(2) read with 13(i)(d) of the Prevention of Corruption Act and also sentenced him to undergo rigorous imprisonment under Sections 120B, 419, 420, 468, 471, 477A of the Indian Penal Code for a period of six months, one year, three years, five years, two years and five years respectively. The sentences were ordered to run concurrently.2. The prosecution case in narrow compass is that in the year 1986 the appellant Chandu Mahto in conspiracy with some unknown persons impersonated himself as...
Tag this Judgment!Alok Prasad Verma Vs. Union of India (Uoi) and ors.
Court: Patna
Decided on: Jun-05-2000
Sudhir Kumar Katriar, J. 1. This writ petition has been preferred with the prayer to quash the order dated 2-12-1997 (Annexure-16), issued by Indian Oil Corporation Limited (respondent Nos. 2 to 6), along with the covering letter dated 15-12-1997, whereby the Letter of Intent issued in favour of the petitioner for setting up a retail outlet for sale of petroleum products at village Gaunaha, District West Champaran, has been withdrawn. The respondents have not filed counter-affidavit. 2. The respondents had issued an advertisement which appeared in the local dailies of 19-8-1981 (Annexure-1), inviting applications for grant of retail outlet dealership, inter alia, for village Gaunaha, District West Champaran. This was reserved for unemployed graduates, and there was also an income limit. The petitioner submitted his application along with others which were considered by the respondents and the Letter of Intent was issued to the petitioner. Pursuant to the Letter of Intent, the petitio...
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