Patna Court July 2000 Judgments
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Gopal Nag and anr. Vs. State of Bihar
Court: Patna
Decided on: Jul-11-2000
M.Y. Eqbal, J.1. A division Bench of this Court, while hearing the instant appeal, doubted the correctness of the Full Bench judgment of this Court in the case of Krishna Bhagwan v. State of Bihar (1991) 1 BLJR 321, referred the matter to a larger Bench to consider the correctness of the judgment of the Full Bench in view of the law laid down by the Supreme Court in the case of Gopinath Ghosh v. State of West Bengal : 1984CriLJ168 . The Division Bench of this Court is of the view that although in Krishna Bhagwan case (supra), the Full Bench relied upon the decision of the Supreme Court in Gopinath Ghosh case but it has omitted to consider paragraph 11 of the judgment of the Supreme Court. This is how the matter has been placed before us for answering the reference.2. In the instant case, two appellants have been convicted under Sections 302/34, I.P.C. and sentenced to imprisonment for life. Appellant No. 1, Gopal Nag is the son of appellant No. 2, Lai Mohan Nag. It was argued before t...
Birma Industrial and Business Enterprises Private Limited Vs. State of ...
Court: Patna
Decided on: Jul-10-2000
1. In this application, the prayer of the petitioner is for quashing the proceeding initiated for cancellation of exemption certificate granted to the petitioner from payment of sales tax on the purchase of raw material under notification dated December 22, 1995 under the Industrial Policy and also for quashing of the order dated March 15, 2000 including the order dated April 8, 2000 passed by the Deputy Commissioner, Commercial Taxes, as contained in annexures 34 and 35 respectively to the writ application. The principal and, in fact, the only grievance of the petitioner is that while passing the impugned order, the respondent, Deputy Commissioner, Commercial Taxes, has not complied the direction issued by a division Bench of this Court in the earlier writ application disposed of on January 12, 2000 (annexure 30). It is submitted that Commissioner-cum-Secretary, Department of Industries, Bihar, Patna, earlier passed the final order wherein it has been held that the petitioner is enti...
Suman Sinha Vs. General Manager (Personnel), Punjab National Bank and ...
Court: Patna
Decided on: Jul-10-2000
Radha Mohan Prasad, J. 1. As in all the three writ petitions the questions for consideration are common, with consent of the parties, they have been heard together and are being disposed of by this common order. 2. In the first two writ petitions, the petitioner is the widow of Late Gopal Sinha, who died in harness on March 6, 1999 while posted as Assistant Branch Manager, Punjab National Bank, Belaganj, Gaya and in the third writ petition, petitioner No. 1 claims to be the son and petitioner No. 2 claims to be the daughter of the deceased. The widow, in the instant case, is the second wife of the deceased and the son and daughter are from the first wife of the deceased. 3. In the first writ petition the widow has claimed for grant of death-cum-retiral benefits like family pension, gratuity, leave encashment, provident fund and benevolent fund and in the second writ petition filed by her, she has claimed for her appointment on compassionate ground in the Bank's service. In the writ p...
Deomuni Sharma and ors. Vs. State of Bihar
Court: Patna
Decided on: Jul-06-2000
D.N. Prasad, J.1. This is an application under Sections 397 and 401 of the Code of Criminal Procedure against the order dated 13.9.1996 assed by learned Vth Additional Sessions Judge, Dhanbad in Sessions Trial No. 540 of 1995 arising out of Dhanbad PS Case No. 669/94 corresponding to G.R. No. 4305/1994 registered under Sections 25(1)(b)/26/27/35 of the Arms Act, whereby and whereunder the petitioners' prayer for discharge in the case was rejected.2. The prosecution case as indicated in the FIR is that on 12.11.1994, the Informant had received information on telephone that a firing was being done in village Jharudih and after entering the same in Station diary being Station diary No. 316 dated 12.11.1994, the Informant along with other police officials proceeded to village at about 9.15 a.m. where it was found that 6/7 persons armed with rifle and country-made pistol indulged in firing and after seeing the police party started feeling away, but on chase two persons were apprehended by ...
Jano Yadav and ors. Vs. State of Bihar and ors.
Court: Patna
Decided on: Jul-06-2000
Gurusharan Sharma, J.1. Plaintiffs are appellants. They filed Title Suit No. 16 of 1981 in representative capacity for permanent injunction restraining the defendants from realising any water rate from them.2. According to them, defendants launched a scheme of village canal in plaintiffs village, Nongarh for irrigating agricultural lands. Under the scheme, a canal in the said village was to be constructed to connect it from the main canal at village Manjhway. Land Acquisition Proceeding for the said purpose was still pending. Neither lands were acquired nor any canal was constructed. No canal or distributory emanated from the main canal at village Manjhway up to village Nongarh, where irrigation of the lands depended upon rain water. There was no facility of irrigation through canal in the Lower Kuel Valley scheme, but defendant's subordinate staff forcibly and under threat realised water rate from the plaintiffs without any provision of irrigational facilities.3. Defendant No. 1 in h...
Ramesh Chandra Tiwary Vs. Bihar State Sugar Corporation Ltd. and ors.
Court: Patna
Decided on: Jul-06-2000
R.M. Prasad, J. 1. Heard learned counsel for the parties. 2. In this writ petition, the petitioner is aggrieved by the order of punishment dated April 6, 1999 (Annexure-24), whereby he has been dismissed from service. The said order has been passed by the Managing Director of the Bihar State Sugar Corporation Limited (hereinafter to be called as 'the Corporation'). 3. Learned counsel for the petitioner has raised a short question, namely, that by passing of the said order, the Managing Director has deprived the petitioner of the statutory remedy by way of appeal against the order of punishment. It is submitted that Clause 50 of the Standing Orders for the Workmen of the Corporation provides that if misconduct is alleged against an employee the Manager or a person vested with such powers by the Manager before taking any action will issue a charge-sheet to him, and call upon him to submit written explanation within a period of not less than 48 hours. If the explanation is found to be u...
The Hindustan Times Ltd. and ors. Vs. State of Bihar and anr.
Court: Patna
Decided on: Jul-06-2000
S.N. Pathak, J.1. This application has been filed seeking annulment of the order dated 4.6.1987 whereby Chief Judicial Magistrate, Bhagalpur took cognizance of the case in Complaint Case No. 54(C) of 1987.2. Relevant facts are that opposite party No. 2 of this miscellaneous case, Hari Shankar Sahay, filed the aforesaid complaint case alleging therein that on 8.12.1986 and 9.12.1986 certain reports were filed by one Om Prakash Tripathy making certain defamatory allegations against the complainant which amounted to tarnishing his image in public estimation. The complainant came of a reputed political family and he had high connection and he was regarded as a respectable and gentle man in the society. By publishing the reports dated 8.12.1986 and 9.12.1986, the Printer, Publisher, Editor and the Executive Manager of daily 'Hindustan' had committed offences under Sections 500, 501 and 502 of the Indian Penal Code. The reports concerned were published under the caption 'Astin ke Sanpo ne d...
Munika Tirkey Vs. State of Bihar and ors.
Court: Patna
Decided on: Jul-06-2000
M.Y. Eqbal, J.1. The petitioner is directed to add Accountant General Bihar as party-respondent.2. Heard the counsel for the parties.3. This is one of the exceptional cases where the petitioner, a poor widow, has been subjected to harassment, mental torture, mental pain and agony. Her husband was a simple clerk in a school in the district of Gumla who died in harness on 19.5.79 leaving behind her, one minor son and one minor daughter. Petitioner's case is that after the death of her husband, she approached the respondents time and again for payment of death-cum-retirement benefits but on one pretext or the other, she was not paid a single penny. After moving from pillar to post for about 19 years, she approached this Court by filing this Writ application.4. This case was placed for admission on 20.4.2000 when this Court passed the following order:Put up this case on 2.5.2000 at the tope of the list. On that day respondent No. 2, the Dist. Education Officer,Gumla, shall appear in this ...
Rishi Cement Co. Ltd. Vs. Bihar State Electricity Board and ors.
Court: Patna
Decided on: Jul-05-2000
M.Y. Eqbal, J. 1. Heard Mr. Biren Poddar, learned counsel for the petitioner and Mr. V.P. Singh, learned counsel appearing for the Respondent-Board and with their con-sent this writ application is disposed of at this stage. 2. In this writ application the petitioner has prayed for quashing the bill dated 12-5-2000 relating to Annual Minimum Guarantee Charges for the financial year 1999-2000 on the ground that the bill is illegal and wholly without jurisdiction as in the said bill the Annual Minium Guarantee Charges for 240 days have been included during which the electrical line of the petitioner was not in operation on account of disconnection of supply of electricity by the Respondent-Board. 3. In course of argument, learned counsel agreed that petitioner should make representation against the said bill under Clause 13 of the H.T. Agreement before the appropriate authority and the said claim shall be decided in accordance with law. However, Mr, V.P. Singh, learned connsel for the ...
Eastern Railway Through D.R.M. Vs. Jhalia Devi
Court: Patna
Decided on: Jul-05-2000
S.K. Katriar, J.1. The Indian Railway is the appellant, and has by preferring this appeal engaged itself in a most frivolous and unwanted litigation. They are chasing a hapless widow whose husband died while on duty on March 29, 1995. He was engaged as a gangman and died while in harness at village Tori, district Palamu. The widow's claim case under the Workmen's Compensation Act was registered as W.C. 10 of 1997 Smt. Jhalia Devi v. Divisional Railway Manager, Eastern Railway, Dhanbad, and the Workmen Claims Commissioner, Hazaribagh passed the impugned order dated July 22, 1998, wherein he came to the conclusion that the amount of compensation quantified at Rs. 67,796/- was deposited after a delay of one year and ten months. According to the impugned order the accident had taken place on March 29, 1995, resulting in the death of Deb Narayan, the husband of the respondent and the amount of compensation of Rs. 67,7961- has been deposited with the Workmen Claims Commissioner on March 11,...
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