Patna Court July 2000 Judgments
Telanga Munda Vs. State of Bihar
Court: Patna
Decided on: Jul-31-2000
Indu Prabha Singh, J.1. The sole appellant has been convicted under Section 314 of the Indian Penal Code and has been sentenced to undergo rigorous imprisonment for eight years and to pay a fine of Rs. 1,000/- and in default of payment to further undergo rigorous imprisonment for six months.2. The prosecution was lodged on the basis of the fardbayan of the informant who is the father of the deceased lady and it has been alleged that there was love affair in between the deceased and the appellant and in that connection they had also developed physical relationship. It has been further alleged that due to his physical relationship the deceased became pregnant. It has been alleged that she used to occasionally visit the appellant at his house and stayed there for a couple of days. On 6-7-1992 the informant returned to his house from Maranghada market and was told by his wife that their daughter Suggi (deceased) had died in the house of the appellant at about 3 p.m. It has been further al...
Tag this Judgment!P.K. Press Metal (P) Ltd. Vs. Regional Provident Fund Commissioner and ...
Court: Patna
Decided on: Jul-31-2000
M.Y. Eqbal, J. 1. In this writ application the petitioner has prayed for quashing the order dated July 20, 1992 passed by respondent No. 1, the Regional Provident Fund Commissioner, Jamshedpur whereby he has held that the establishment of the petitioner is not entitled to get exemption under Section 16(1)(d) of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 (hereinafter referred to as the said Act). The respondent No. 1 further held that the establishment of the petitioner is not a new establishment rather the old establishment in the name and style of Friends Press Metal (P) Ltd. continued in the shape of new establishment of the petitioner. 2. The petitioner's case is that it is a private company registered under the Companies Act and its shares have been subscribed by a few persons. There existed an establishment namely, Friends Press Metal (P) Ltd., Chhota Govindpur, Jamshedpur. In the same premises there was another establishment in the name of S. K. Tools...
Tag this Judgment!Smt. Hemlata and ors. Vs. Satya NaraIn Kandu
Court: Patna
Decided on: Jul-31-2000
Gurusharan Sharma, J.1. Petitioners are owners of a shop 12' x 8' in dimension situated in New Dak Bunglow Road, Patna. It was part of Holding No. 382-B of Patna Municipal Corporation, which was let out to the opposite party. He defaulted in payment of rent. Title Suit No. 201 of 1983 was filed for defendant's eviction on the ground of bona fide requirement, sub-letting and default in payment of rent.2. The said eviction suit was decreed by this Court on the ground of default in payment of rent. The matter went to the apex Court. Eviction decree passed by this Court was set aside and the landlord was given liberty to initiate fresh proceedings, if permitted under law on any of the grounds, which may be available to them after 12.11.1983.3. In the meantime, the Rent Controller determined fair rent of the premises @ Rs. 500/- per month. However, an appeal was filed against the order of Rent Controller and was pending at that time. As such, apex Court directed the tenant to pay a sum of ...
Tag this Judgment!Saroj Tirkey Vs. State of Bihar
Court: Patna
Decided on: Jul-31-2000
I.P. Singh, J.1. The sole appellant has been convicted under Sections 376 and 342 of the Indian Penal Code and has been sentenced to undergo rigorous imprisonment for 10 years under Section 376 of the Indian Penal Code. However, no separate sentence has been passed for the conviction under Section 342 of the Indian Penal Code.2. The prosecution case, in brief, is that in the night of 14/15.4.1991 at village Kersai Charles Tangora, P.S. Kurdeg the victim girl, Basanti Kumari, had gone to attend the marriage ceremony at the house of Ratu Manjhi and when she was returning to her house along with Matwar Manjhi (grand father), Demani Devi (grand mother) and one lady Koche and when they reached at Charles Tangara suddenly two unknown persons appeared and stopped them and asked as to where they are going. It has been alleged that they threatened them to kill with Bomb and Bhujaili. Thereafter, the grand father and grand mother of the victim girl along with Kocha fled away from there and both...
Tag this Judgment!Md. Mustafa Abbasi Vs. Chairman, State Bank of India and ors.
Court: Patna
Decided on: Jul-28-2000
Radha Mohan Prasad, J. 1. In this writ petition, the petitioner has sought for issuance of a direction, order or writ in the nature of mandamus/certiorari setting aside the order contained in Annexures 2 and 7/2 reverting and finally dismissing the petitioner from service itself and further for a direction to the respondents to reinstate him in a post of J.M.G.I. and pay salary due with all benefits. 2. In short the relevant facts are that the petitioner was initially appointed as a Clerk cum Typist in the State Bank of India on July 6, 1966. He was promoted to the post of Officer Grade II with effect from April 2, 1979 and after completion of six months on probation he was confirmed on the said post on November 9, 1979. The said post was redesignated as Junior management Grade I. It is stated that while the petitioner was working as Branch Manager, Narkatia he was asked to explain certain irregularities by a letter dated December 20, 1982. The petitioner submitted his explanation b...
Tag this Judgment!Ganesh Prasad Shukla Vs. State of Bihar
Court: Patna
Decided on: Jul-28-2000
Indu Prabha Singh, J.1. The sole appellant has been convicted under Section 161 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for one year. He has been further convicted under Section 5(2) of the Prevention of Corruption Act and sentenced to undergo rigorous imprisonment for two years and a fine of Rs. 1,000/ -. In default of payment of fine he shall further undergo rigorous imprisonment for six months. Both the sentences were ordered to run concurrently.2. The prosecution case, in brief, arises on the basis of the written report dated 11-6-1986 (Ext. 7) of the informant Sheochandra Sahu lodged before the S. P. (Vigilance), Ranchi coupled with the verification report dated 12-6-1986 (Ext. 3) of Shri Bhagwan Singh, Inspector of Police (Vigilance), Ranchi is that he was doing the work on contract since the year 1979 In the office of the Executive Engineer, Rural Electrification Division, Ranchi, Kusai Colony, Ranchi. It is alleged that the payment of Rs. 14,000...
Tag this Judgment!Shobh Nath Singh @ Shobh Nath Ahir and anr. Vs. State of Bihar
Court: Patna
Decided on: Jul-27-2000
Narbdeshwar Pandey, J.1. All the above-mentioned appellants have been convicted for the offence under Section 396 of the Indian Penal Code (I.P.C.) and sentenced to undergo imprisonment for life.2. Short facts of the case of prosecution is that on 22.6.1976 while the informant Hare Krishna Singh was going to case from his house, he saw about 15-20 criminals entering the house through the main gate. When the informant flashed torch, five of the criminals caught him and dragged to the Courtyard. They were also searching the mukhiya and the gun of the family. The informant thereafter disclosed the place where the gun was placed. In the meantime, female inmates of the house tried to save him but the accused-persons did not listen the request and continued assaulting the informant with firsts and slaps. It has been further alleged that some of the dacoits entered the house and took five of the boxes. When the accused-persons were coming out of the house, the informant heard the sound of gu...
Tag this Judgment!Jai Prakash Prasad Vs. State of Bihar and ors.
Court: Patna
Decided on: Jul-27-2000
S.J. Mukhopadhaya, J.1. Heard the Counsel for the petitioner and the State.2. As the case can be disposed of on short point, it is not necessary to discuss all the facts, except the relevant one.3. The petitioner was suspended, vide Memo No. 107 dated 1st June, 1995 in pursuance of a criminal case and was taken in custody on 31st May, 1995. The said order of suspension continued for a long period.4. In the criminal case, no cognizance having been taken, the petitioner requested the authorities to revoke the order of suspension. However, no order revoking the order of suspension passed, on the other hand, a departmental proceeding was initiated, vide Order No. 349 dated 20th May, 1998.5. It appears that the matter was referred to Inquiry Officer who submitted report, vide letter No. 72 dated 15th July, 1998, on which the petitioner was provided with a 2nd show-cause notice, vide Memo No. 589 dated 8.8.98.6. As in the departmental proceeding, the allegation relating to same charge, whic...
Tag this Judgment!Megh Raj Singh Vs. the Chairman, Bihar State Electricity Board and ors ...
Court: Patna
Decided on: Jul-25-2000
R.M. Prasad, J.1. In this writ petition, the petitioner is aggrieved by the order dated 17.2.1999, contained in Annexure-5, whereby and whereunder 21.11.1998 has been determined as his date of birth on the basis of the average of his age determined by the Medical Board between 58-60 years, vide report contained in Annexure-6, which has been filed along with the second supplementary counter-affidavit.2. In short, the relevant facts are that there was some dispute with respect to the age of the petitioner and several others. The General Man-ager-cum-Chief Engineer, Muzaffarpur Thermal Power Station, Muzaffarpur (respondent No. 3), vide letter No. 2444 dated 3.9.1998, contained in Annexure-4, directed the petitioner to appear before the Medical Board on 9.10.1998. The petitioner appeared before the Medical Board and the Medical Board, vide its report dated 21.11.1998, contained in Annexure-E to the second supplementary counter-affidavit filed on behalf of the respondents, determined his ...
Tag this Judgment!Amresh Prasad Singh and ors. Vs. Awadh Kishore Verma and ors.
Court: Patna
Decided on: Jul-24-2000
Gurusharan Sharma, J.1. Lala Gauricharan Lall had four sons, Chaturbhuj Lall, plaintiff No. 1, Makardhwaj Prasad, defendant No. 9, Mathura Prasad, defendant No. 10 and Jamuna Prasad, defendant No. 11. Braj Kishore Prasad Sinha and Ram Kishore Prasad Sinha, plaintiffs 2 and 3 were sons of plaintiff No. 1.2. By registered sale-deed dated 7.11.1921 (Ext. 3), Lala Gauricharan Lall purchased 4 bighas land in plot No. 1837 at Sherghati from Kunj Bihari Lal and others. By registered sale-deed dated 1.4.1924 (Ext. 3(a), 1 1/2 bighas land in plot No. 3002 in the same village was purchased by Chaturbhuj Lall, plaintiff No. 1 from the said Kunj Bihari Lal.3. Both, father and son mortgaged the aforesaid lands by registered deed dated 11.6.1927 (Ext. J) for Rs. 1,100/- for five years with Ramdeep Singh, defendant No. 1 and Ram Narain Singh, defendant No. 5. It was an usufructuary mortgage and the mortgagors were to remain in possession till principal was paid.4. Again by registered mortgage-deed d...
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