Patna Court August 2000 Judgments
Taruna Mishra Vs. State of Bihar and ors.
Court: Patna
Decided on: Aug-04-2000
D.N. Prasad, J.1. This Criminal Revision application has been filed under Sections 397 and 401 of the Cr.P.C. against the judgment of acquittal dated 9.7.1996 passed by S.D.J.M., Jamshedpur in G.R. No. 51 of 1992/T.R. No. 196 of 1994 by which the learned Magistrate acquitted the opposite party Nos. 2 to 6.2. Short facts relating to the prosecution case is that the petitioner Taruna Mishra was married with the opposite party No. 2, Biriay Kumar Mishra and the marriage was solemnised on 3.6.1991 in accordance with Hindu rights. After the marriage the informant/petitioner went to her Sasural and after some time on 9.11.1991 the opposite party No. 2, Binay Kumar Mishra, C.K. Jha and Sanjeeb Jha told her to bring a sum of Rs. 1,00,000/- from her parents, if at all she wants to reside in this, house. It is further alleged that they took the petitioner to her Nanihar and left her there. The petitioner had arranged for a sum of Rs. 1,00,000/- and for that her parents prepared a Bank Draft and...
Tag this Judgment!Benu Krishna Mandal and ors. Vs. State of Bihar
Court: Patna
Decided on: Aug-04-2000
Deoki Nandan Prasad, J.1. This application under Section 482 of the Code of Criminal Procedure has been filed by the petitioners for quashing the entire criminal proceeding in Hatia P.S. Case No. 109 of 1995 (GR. No. 1477 of 1995) including the order dated 14.8.1997 whereby and whereunder the learned Chief Judicial Magistrate, Ranchi took cognizance for the offence under Sections 287, 288, 337 and 120B of the Indian Penal Code.2. The short facts of the prosecution case giving rise to this application is that one Ram Prakash Saksana lodged First Information Report alleging that on 13.6.1995 the site-in-charge, Engineer and others of Blue Star were working on erection of cooling tower. The cooling tower was being lifted on the roof of main building about 30 by pulleys chains, ballis and ropes, etc. At about 1.30 p.m. suddenly the rope broke away and one Mazdoor Md. Ishaque fell down along with the cooling tower and failed. Thereafter, the injured was taken to Jeevan Look Hospital than t...
Tag this Judgment!Devendra Singh Vs. Union of India (Uoi) and ors.
Court: Patna
Decided on: Aug-03-2000
Radha Mohan Prasad, J.1. In this writ petition, the petitioner has, assailed the validity of the order of punishment dated 31.5.1990, contained in Annexure-6, whereby and whereunder his pay has been reduced to a lower stage of time-scale of pay by two stages for a period of two years and it has also been ordered that he will not earn increment of pay during the period of reduction and that on expiry of the said period, the reduction will have the effect of postponing his future increment of pay and also the orders passed on appeal, revision and review, contained in Annexures 7, 8 and 9 respectively.2. In short, the relevant facts are that on 15.1.1990, the petitioner was on duty to guard Shed No. 6 of C.I.S.F. Unit, F.C.I. (F.S.D.)., Dighaghat as In-charge Head Constable along with others, including one Laxman Singh, who was on duty on Door No. 16 of Shed No. 6. It appears that a proceeding was initiated against Constable Laxman Singh for neglecting his duty which resulted in breaking...
Tag this Judgment!Binod Kumar Poddar Vs. State of Bihar and ors.
Court: Patna
Decided on: Aug-03-2000
Radha Mohan Prasad, J.1. In this writ petition, the petitioner has assailed the validity of the order issued on 21.6.1996 passed by the Managing Director of the Bihar State Sugar Corporation Limited, Patna on 13.6.1996, contained in Annexure-15, whereby and whereunder his claim of seniority over respondent No. 8 has not been accepted and the representation filed by him on 24.3.1996 with respect to it has been rejected.2. Mr. Sharavan Kumar, learned Senior Counsel appearing for the respondent-Corporation by way of preliminary objection has submitted that the writ petition suffers from gross delay and laches inasmuch as the petitioner is virtually challenging the initial order of absorption of respondent No. 8 passed on 5.4.1977 after lapse of almost 20 years. It is submitted that by virtue of the said order, respondent No. 8 got benefit in the matter of seniority and promotion both in the year 1982. The petitioner has questioned the seniority of respondent No. 8, which was finalised on...
Tag this Judgment!Maha Kali Milling Co. (P) Ltd. Vs. Bihar State Agriculture Marketing B ...
Court: Patna
Decided on: Aug-02-2000
1. The origins of this matter being placed before the Court on a review application need to be stated briefly. This is a matter under the Bihar Agricultural Produce Markets Act, 1960.2. AC.W.J.C. No. 2355 of 1977 Maha Kali Milling Co. (P) Limited, Digha, Patna v.Bihar State Agricultural Marketing Board had been filed. The writ petition was dismissed on the grounds of an alternate remedy. It would be best to reproduce the order dated 3 March, 1998 on the writ petition :-- 'In this writ application, the prayer of the petitioner is for quashing of the order, dated 30-11-96 passed by the Sub-divisional Officer-cum-Special Officer, Agricultural Produce Market Committee, Mussallehpur, Patna. by which the assessment has been made in terms of Section 27A of the Bihar Agricultural Produce Markets Act, 1960 (hereinafter referred to as 'the Act). Having regard to the statutory appeal available to the petitioner, I am not inclined to interfere with the order, aforesaid.Accordingly, the petitione...
Tag this Judgment!Sudhir Kumar Singh and ors. Vs. State of Bihar and ors.
Court: Patna
Decided on: Aug-02-2000
1. The petitioners seem to be vying with another person (who though named in the writ petition, has not been impleaded as a party in this case) over the location of the building to accommodate Asarganj police station. And, describing it to be in public interest, this writ petition has been filed seeking a direction from this Court, in exercise of its powers under Article 226 of the Constitution, requiring the concerned State officials to set up the police station at the location favoured by the petitioners after completing the construction of the building over the land donated by the petitioners for the purpose.2. It is the case of the petitioners that by two deeds dated 12-4-1984 and 10-5-1988 petitioner No. 1 and the predecessors of petitioner No. 2 donated 1.46 1/2 acres of land situate at Ladauwa. More by the side Sultanganj Deoghar road. It is further the case of the petitioners that the Supdt. of Police, Munger who was in office at that time selected the site for construction of...
Tag this Judgment!Dubraj Mirdha Vs. State of Bihar
Court: Patna
Decided on: Aug-02-2000
1. The sole appellants has been convicted under Section 302 of the Indian Penal Code, on the charge of committing the murder of Nandi Mirdha, his uncle, and sentenced to rigorous imprisonment for life and to pay a fine of Rs. 1,000 and, in default of payment of fine, to undergo rigorous imprisonment for three months by the impugned judgment and orders dated 14.2.1991 in ST No. 255 of 1990, passed by the then Additional Judicial Commissioner, Ranchi.2. Briefly put, the prosecution case, as made out in the fardbeyan (Exhibit 2) of Badhana Mirdha, the brother of the deceased, recorded by the Police Officer of Nagri outpost on 3.12.1989 at 7 p.m. at village Upardaha within the Police Station Ratu, district Ranchi, is as under:The informant (PW-5) had been to Piskanagri Railway crossing to sell potato laden on a bullock cart of the master Dhaneshwar Mahto and when after selling the potato, he was returning, around 6 PM, and had moved a bit further near village Upardaha (Mahto Tola), he hea...
Tag this Judgment!Marsingh Narayan Sinha Vs. Bharat Coking Coal Limited and anr.
Court: Patna
Decided on: Aug-02-2000
M.Y. Equal, J. 1. In the instant Writ application, the petitioner has prayed for issuance of appropriate Writ in the nature of certiorari for quashing the order dated November 7, 1995 issued by respondent No. 2, Manager, Amlabad Colliery, Bharat Coking Coal Ltd., Bokaro, whereby and whereunder the petitioner has been dismissed from the service with immediate effect. 2. Facts of the case lie in a narrow compass. 3. Petitioner's case is that he is Branch Secretary of the workmen union namely Indian National Mines Overman Mining Sirdar and short firer Association in Amlabad Colliery. It appears that on March 3, 1990 on the basis of report of the Deputy Finance Manager of Amlabad Project Area, a First Information Report was registered with the police being Chandankiyari P.S. Case No. 19/90 under Sections 447/341/323. I.P.C. The said F.I.R. was lodged on the basis of complaint received from Sri C.S. Banerjee, Finance Officer, Amlabad Colliery. The allegation inter alia is that on March...
Tag this Judgment!Kailash Singh Vs. State of Bihar and ors.
Court: Patna
Decided on: Aug-02-2000
Radha Mohan Prasad, J.1. In this writ petition, the petitioner is aggrieved by the office order No. 1902/99 dated 13.9.1999 passed by the Chief of Administration of the Bihar State Road Transport Corporation (hereinafter referred to as 'the Corporation'), contained in Annexure-6, whereby and whereunder though the departmental proceeding initiated against him has been withdrawn, yet it has been directed that the period of suspension shall be adjusted as against the leave due to him.2. It is submitted by the learned Counsel for the petitioner that after the proceeding has been withdrawn without culminating into the final order. The respondent-authority is not legally justified in passing the order for adjustment of the period of suspension as against the leave due to the petitioner, inasmuch as by doing so the petitioner has been arbitrarily denied of the leave salary as admissible under the Rules.3. Mr. Verma, learned Counsel appearing for the respondent-Corporation has submitted that ...
Tag this Judgment!Parimal Gorai Vs. State of Bihar and anr.
Court: Patna
Decided on: Aug-01-2000
Deoki Nandan Prasad, J.1. This application under Section 482 of the Code of Criminal Procedure has been filed by the sole petitioner for quashing the order dated 16.11.1998 passed by the learned Sessions Judge, Dhanbad in Nirsa PS Case No. 0090/1996 corresponding to G.R. No. 1896 of 1996, under which the learned Sessions Judge held that the accused/petitioner was prima facie liable under Sections 323, 417, 452, I.P.C. and as such charge therein were required to be framed against him. The petitioner had also moved earlier before this Court vide Criminal Revision No. 83/98 (R) challenging the order dated 27.3.1998 passed by Sessions Judge, Dhanbad and this Court remitted the matter to the learned Sessions Judge, Dhanbad for fresh consideration on the discharge petition. Thereafter, the petitioner again moved before the Sessions Judge, who passed the impugned order.2. The short facts giving rise to this application that one Manju Kumari lodged First Information Report on 5.7.1996 allegin...
Tag this Judgment!- ‹ Prev
- 1
- 2
- 3
- 4
- 5
- 7
- Next ›
- Last »