Patna Court August 2000 Judgments
State of Bihar and ors. Vs. BipIn Bihari Prasad and anr.
Court: Patna
Decided on: Aug-16-2000
1. This appeal under Clause 10 of the Letters-Patent of the High Court of Judicature at Patna has been preferred with respect to the order dated 24.11.99, passed by a learned Single Judge of this Court in CWJC No. 3201 of 1999 Bipin Bihari Prasad v. State of Bihar, whereby it has been held that the proceeding against Respondent No. 1 (the writ petitioner), under Rule 43(b) of the Bihar Pension Rules (hereinafter referred to as the Pension Rules) is bad in law in view of the provisions contained in proviso (a)(ii) to Rule 43 of the Pension Rules, which is to the effect that the impugned action is with respect to dereliction on the part of Respondent No. 1 said to have taken place four years prior to the institution of the proceeding. The State of Bihar has preferred the instant appeal.2. A brief resume of facts will suffice. Respondent No. 1 herein was posted as an Assistant Engineer in the Western Kosi Embankment Team, Jamalpur, Darbhanga, in 1987-88. The Western Kosi Embankment got b...
Tag this Judgment!Anil Singh and anr. Vs. State of Bihar
Court: Patna
Decided on: Aug-14-2000
Narbdeshwar Pandey, J.1. Both the appellants have been convicted under Sections 302/34 and 201/34 of the Indian Penal Code (IPC) and sentenced to undergo imprisonment for life and further sentenced to undergo rigorous imprisonment for seven years under both the counts. The sentences are, however, to run concurrently.2. Facts of the case briefly stated are that deceased Dhiran Singh had a talk with one Wokil Singh for purchase of one bigha of land for consideration money of Rs. 20,000/-. On Sunday, i.e., 15.11.1992 in order to go to village Permanandpur for making payment of the balance dues of Rs. 9,000/- he left his house in the mid-night to catch the train. When Dhiran Singh did not return to his house for some time, the informant sent the wife of the deceased appellant Jira Devi to village Permanandpur to find out why Dhiran Singh did not return. When appellant Jira Devi returned from village Permanandpur, it was disclosed that Dhiran Singh had returned from that village on Sunday ...
Tag this Judgment!Prasanna Kumar Panigrahi Vs. National Human Rights Commission and ors.
Court: Patna
Decided on: Aug-14-2000
M.Y. Eqbal, J.1. In this writ application filed under Article 226 of the Constitution of India, the petitioner has challenged the order dated 12.6.2000 passed by Chairperson, National Human Rights Commission, New Delhi in a proceeding vide case No. 1455/4/98-99 initiated on the basis of complaint made by the respondent No. 2.2. It appears that respondent No. 2 Shri Ashok Kumar Sinha, General Manager (Telephone) had lodged a complaint against the Central Bureau of Investigation Officers including the petitioner alleging his illegal detention by the officers from 25.3.94 to 3.4.94 and his harassment and torture by them resulting in aggravation of his disease of cancer. The Commission after considering the complaint and other materials had dropped the proceeding by order dated 6.11.98, Respondent No. 2 then filed petition before the Commission for the review of the order dated 6.11.98. On receipt of the review petition, notices were issued to the Director, Central Bureau of Investigation...
Tag this Judgment!Joseph Munda Alias Jasua Munda Vs. State of Bihar
Court: Patna
Decided on: Aug-14-2000
N. Pandey and A.K. Prasad, JJ.1. This appeal has been preferred against the judgment dated 30.8.1991 in Sessions trial No. 412 of 1989 whereby appellant Joseph Munda alias Jasua Munda was convicted under Section 302 of the Indian Penal Code and sentenced to undergo imprisonment for life.2. The case of the prosecution, in brief, is that on 7.9.1987 at about 10 a.m. deceased Sulo alias Suleman Munda, cousin of the informant, had gone to Survey Camp along with the appellant. When Suleman Munda did not return to his house, the informant became apprehensive and started searching with one Poulas Munda. When both of them moved to a distance of 2 kms., they noticed the dead-body of Suleman Mian lying by the side of the Pagdandi. The informant noticed that Suleman had injury on his stomach. The informant, thereafter, went to the house of the appellant but he was not there. Thereafter, a detailed report was submitted to the Police on the basis of which a regular First Information Report was reg...
Tag this Judgment!Santosh Kumar Jalan Alias Kanhaya Lal Jalan Vs. Chandra Kishore Jalan ...
Court: Patna
Decided on: Aug-11-2000
S.N. Jha, J. 1. This Second Appeal by the Defendant 1st Party of Title Suit No. 17 of 1983 of the Court of 5th Subordinate Judge, Munger is directed against the judgment and decree of the 12th Additional District Judge, Munger, upholding the judgment and decree of the trial Court, decreeing the plaintiff's suit. It may be mentioned here that the said suit was tried analogous with Title Suit No. 104 of 1984 instituted by the appellant. While Title Suit No. 17 of 1983 was decreed Title Suit No. 104 of 1984 was dismissed. It may also be mentioned here that the Second Appeal arising out of Title Suit No. 104 of 1984. which was disposed of by a common judgment, being Second Appeal No. 159 of 1993 has been dismissed by a learned Judge of this Court vide judgment reported in 1999 (3) Pat LJR 45. The question of law raised in this appeal being the same as in the other appeal, in the ordinary course this appeal should have been dismissed summarily as being covered by the interparty decision i...
Tag this Judgment!Sri Kapil Deo Prasad and anr. Vs. State of Bihar and ors.
Court: Patna
Decided on: Aug-11-2000
Sudhansu Jyoti Mukhopadhaya, J.1. This application was initially preferred by the petitioner against the temporary and provisional lists of Junior Engineers, including those belonged to Scheduled Castes appointed between 1980 and 1984, published vide Memo No. 7083(E), Patna dated 18th December, 1991 with further prayer to direct the Respondents to issue fresh gradation list, in accordance with law, declaring the petitioners senior to Respondent Nos. 3 to 14.2. During the pendency of the writ petition, one or other person, including contesting Respondents having promoted to the post of Assistant Engineers, and further provisional gradation list having published amendment petitions were filed which were allowed.3. As the case can be disposed of on short point, it is not necessary to discuss all the facts, except the relevant one.4. The facts as pleaded but not disputed by the Respondents are that on advertisement was issued in newspaper 'AAJ' on 13th March, 1983 calling for application ...
Tag this Judgment!Sanjay Rakshit and anr. Vs. State of Bihar
Court: Patna
Decided on: Aug-09-2000
Indu Prabha Singh, J.1. Both appellants have been convicted under Section 392 of the Indian Penal Code and sentenced to undergo Rigorous Imprisonment for three years each.2. The prosecution case in brief is that on 28-5-1992 at 8.15 P.M. when the informant, Sudipta Roy, P.W. 2 was returning by his Maruti Car bearing number BR 01-0775C of white colour from his clinic to his residence and turned his aforesaid car towards cemetery road, a boy aged about 22 years stopped his car by signalling his hand and asked him whether he was Dr. Mitra from whom he wanted to get his mother examined. It has been alleged that informant replied that he is not Doctor Mittra and he resides at some distance from there. Thereafter, the said boy asked him (informant) to give the telephone number of Doctor Mittraa. The informant gave telephone number of Doctor Mittra to that boy and he noted the name on his palm. Thereafter, the informant went to his house. It is further alleged that when he reached his house,...
Tag this Judgment!Pramod Kumar Singh and ors. Vs. State of Bihar
Court: Patna
Decided on: Aug-09-2000
Indu Prabha Singh, J.1. Appellants have been convicted under Sections 307/34 of the Indian Penal Code and sentenced to undergo R.I. for seven years each. Appellant No. 1, Pramod Kumar Singh has further been convicted under Section 324 of the Indian Penal Code and has been sentenced to undergo R.I. for two years. Both sentences were ordered to run concurrently.2. The facts leading to the case is that on 6.7.1986 at about 7.30 p.m. informant went for refund of the advance money which he had given as advance for returning V.C.R. at M/s. Vevek Video cassettes shop near over bridge. It has been stated that he had deposited advance money on 4.7.1986 for V.C.R. and video cassettes but V.C.R. could not be given to him on account of some defect in the V.C.R. the asked for the refund money whereupon the shop-keeper along with others started altercation with him. It has been alleged that Pramod took out a country-made pistol from his pocket and fired at him causing injury on his left arm. It is ...
Tag this Judgment!Sulochana Devi Vs. State of Bihar and anr.
Court: Patna
Decided on: Aug-09-2000
Deoki Nandan Prasad, J. 1. This criminal revision is directed against the order dated 9.9.1999 passed in M.P. Case No. 248/1998 by the learned Principal Judge, Family Court, Dhanbad, whereby and whereunder the application filed on behalf of the petitioner for maintenance under Section 125, Cr.P.C. was rejected and the petitioner was directed to deposit a sum of Rs. 500/- as cost.2. The short facts giving rise to this application is that the petitioner had filed a petition in the Court to Principal Judge, Family Court under Section 125, Cr.P.C. for maintenance. It is stated that the marriage of the petitioner with the opposite party No. 2 was solemnised on 20.5.1996 according to Hindu rites and customs. At the time of marriage, the parents of the petitioner had given gold and silver ornaments and cash amount of Rs. 30,000/-. After marriage the petitioner started living in her matrimonial home but after expiry of few months, the opposite party No. 2 and his family members started tortur...
Tag this Judgment!The New India Assurance Co. Vs. Saraswati Devi and ors.
Court: Patna
Decided on: Aug-09-2000
M.Y. Eqbal, J.1. Heard Mr. D.C. Ghosh learned Counsel for the appellant.2. This appeal is directed against the Judgment and award dated 11.6.99 passed by Motor Vehicle Claims Tribunal in M.V. Suit No. 105/96 whereby a sum of Rs. 3,33,000/- has been awarded to the respondents who are the widow, minor sons and daughters of the deceased.3. Mr. Ghosh has assailed the impugned judgment on the ground that the person, who was driving the vehicle, was not holding a valid driving licence. In this connection, learned Counsel filed surveyor's report and also examined the Surveyor. The Tribunal came to the conclusion that the surveyor's report cannot be relied upon without there being any evidence of independent witnesses particularly the witnesses from the Transport Department.4. I have come across several cases where the Insurance Company takes a defence that it has no liability for the reason that the driver, who was driving, the vehicle was not holding a valid driving licence. Before apprecia...
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