Patna Court September 2000 Judgments
Rajendra Prasad Sah and Anil Kumar Ojha Vs. State of Bihar and ors.
Court: Patna
Decided on: Sep-19-2000
Aftab Alam, J. 1. These two cases came to be heard before a Bench of three Judges on a reference made by me. Earlier while hearing these cases, sitting singly, I found it difficult to reconcile the views taken in two Division Bench decisions of this Court, one cited in support of the case of the petitioners and the other relied upon by the respondents. I accordingly, made an order of reference indicating the points of deviation in the two decisions. 2. The two petitioners, one in each of these two writ petitions were removed from service of the Bihar Co-operative Marketing Union, Ltd. (the Biscomaun, for short) by orders passed by its Administrator on the ground that their appointment was irregular and illegal. At the time of their removal they were given one month's wages in lieu of one month's notice (evidently to satisfy the requirements of the Bihar Shops and Establishments Act) but admittedly no show cause notice or an opportunity of hearing was given to the petitioners before pa...
Tag this Judgment!Oriental Insurance Co. Ltd. Vs. Chandra Kala Devi and ors.
Court: Patna
Decided on: Sep-19-2000
S.K. Chattopadhyaya, J.1. When this appeal was taken up for hearing under Order XLI, Rule 11 of the Code of Civil Procedure (in short 'the Code'), Mr. Shukla, learned Counsel for the claimants-respondents, had taken a preliminary objection regarding maintainability of the appeal in view of the decisions of the Supreme Court in the case of Shankarayya v. United India Insurance Co. Ltd. 1998 ACJ 513 (SC) and in the case of Rita Devi v. New India Assurance Co. Ltd. 2000 ACJ 801 (SC). On such objection being raised counsel for the parties were heard at length for deciding first the question of maintainability of the appeal.2. It was contended by respondents' counsel that admittedly the insurance company did not seek any permission of the Tribunal under Section 170 of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act') for challenging the claim of the respondents on merits and, as such, it is debarred from impugning the award by filing an appeal before this Court.3. On the ...
Tag this Judgment!Koomar Indraneel Alias Caesar and anr. Vs. the State of Bihar
Court: Patna
Decided on: Sep-19-2000
1. This application by petitioners has been filed for issuance of a writ of habeas corpus directing the respondents to release the petitioners from jail custody on the ground that their detention in violation of Sections 167, 208 and 309 of the Code of Criminal Procedure (in short, Cr.P.C.) is void and illegal.2. The admitted facts giving rise to this application are that Kadamkuan (Patrakarnagar) PS Case No. 628/98 under Sections 366A/376/34 of the Indian Penal Code (in short, IPC) was registered on the basis of Fardbeyan of informant Reena Kumari aged about 14 years. In the Fardbeyan the informant alleged that on 30-9-98 at about 11 p.m. when she along with her parents was returning to her house after visiting Dashahara fair, a red Maruti car in the way stopped near her. The occupants of the car after opening its gate forcibly dragged her from road in the car. Her mother tried to rescue her but could not as the car moved with speed. Two occupants sitting on the back seat of the car ...
Tag this Judgment!Tata Yodogawa Ltd. Vs. Bihar State Electricity Board and ors.
Court: Patna
Decided on: Sep-19-2000
M.Y. Eqbal, J. 1. Heard Mr. Biren Poddar, learned Counsel appearing for the petitioner and Mr. V.P. Singh. learned Counsel appearing for the Electricity Board.2. In this writ application the petitioner seeks declaration that petitioner is not liable to pay delayed payment Surcharge amounting to Rs. 94,609/- under clause 16.2(a} of the 1993 Tariff arid also entitled to the rebate for timely payment of the bill for the month of April, 1995.3. The facts of the case are not much in dispute. When the energy bill for the month of April, 1995 had not been received by the petitioner till 23-5 95 the petitioner made inquiry from the office of the Electrical Superintending Engineer, Jamshedpur Electrical Circle, Adityapur. Jamshedpur from where copy of the bill was handed over to the petitioner on 24-5-95. On receipt of the copy of the bill petitioner immediately paid the amount shown in the bill in full on 25-5-95.Petitioner thereafter made a claim vide letter dated 25-5-95 stating inter alia...
Tag this Judgment!Rajesh Kumar @ Rajesh Kumar Khaitan and ors. Vs. Sri Laxmi Narayan Sah ...
Court: Patna
Decided on: Sep-19-2000
P.K. Deb, J.1. This revision petition has been preferred under Section 14(8) of the Bihar Buildings (Lease Rent & Eviction) Control Act, 1982 against the judgment and decree passed in Title Eviction Suit No. 23 of 1995 by the Sub-Judge IX, Patna on 22.1.2000.2. The relationship of landlord and tenant between the parties is admitted. According to the plaintiffs-Opposite parties, the suit premises were purchased in the year 1980 in the name of plaintiff No. 1 for their own occupation and residential purposes but for some reason or other they could not be able to occupy the suit premises which was a Pucca single storeyed house having opening towards the road. Then on being approached the suit premises were leased out to the defendant No. 1 for five years on the basis of a registered lease-deed dated 15.9.1989. After the lease period was over then the plaintiffs were to vacate the suit premises but then there was negotiation between the parties and the lease period was extended for 11 mon...
Tag this Judgment!Kariman Bhuian Vs. State of Bihar
Court: Patna
Decided on: Sep-15-2000
Ashok Kumar Verma, J.1. The sole appellant Kariman Bhushan has preferred this appeal against the judgment and order of conviction and sentence dated 4.5.95 and 5.5.95 respectively passed in ST. No. 169 of 1993 of 1993 by the VIth. Additional Sessions Judge, Palamau at Daltonganj, whereby the accused-appellant has been convicted under Section 304, Part-II of and Section 323 of I.P.C. and sentenced to undergo rigorous imprisonment for six years under Section 304 Part-II, I.P.C. and to undergo rigorous imprisonment for six months under Section 323, I.P.C. The sentences are to run concurrently.2. In short, the case of the prosecution is that on 2.12.1992, accused-appellant Kariman Bhushan was crushing sugar-cane in the Kolsar which is by the side of the house of the deceased and the informant. At about 10 p.m., the deceased Bipat Mochi, father of the informant Kail Mochi went to the Kolsar (Place for preparing Gur) and demanded the price for cock (murga) from the accused Kariman Bhuian ha...
Tag this Judgment!Maheshwar Thakur and ors. Vs. State of Bihar
Court: Patna
Decided on: Sep-15-2000
Narayan Roy, J.1. Heard learned Counsel appearing on behalf of the parties.2. All the appellants have been found guilty under Sections 302/34 of the Indian Penal Code and sentenced to undergo rigorous imprisonment, for life for committing murder of Saroop Thakur.3. Prosecution case, briefly stated, is that on 19.11.1979 at about 9.00 a.m. the informant (P.W. 4), Sukhdeo Thakur, and his father, Saroop Thakur, the deceased, went to cut branches of Shisham trees with their labourer Latu Ram. While Latu Ram was cutting the branches of Shisham trees, the appellants came there armed with lathi and questioned them from cutting the branches of the Shisham tree. There was altercation in between the parties, which resulted into assault by the appellants on Saroop Thakur with lathi. The accused-persons also assaulted the informant. On hulla some of the villagers came there and the appellants fled away. Injured Saroop Thakur was immediately shifted to Baswopatti State Dispensary, where he was giv...
Tag this Judgment!Dr. Lala Sumnendra Nath Vs. State of Bihar and ors.
Court: Patna
Decided on: Sep-14-2000
Nagendra Rai, J.1. This Letters Patent Appeal is directed against the order dated 10.1.2000, passed by a learned Single Judge of this Court in C.W.J.C. No. 10684 of 1996, by which he has dismissed the writ application filed by the appellant for a direction to the respondents to regularize his promotion on the post of Professor in the Department of Eye Nalanda Medical College and Hospital, Patna (for short 'N.MC.H.') with effect from 14.9.1987.2. The controversy in this appeal is with respect to the filling up the post of Professor in the Department of Eye, N.M.C.H., Patna.3. The case of the appellant is that an Associate Professor was eligible for being promoted to the post of Professor, which is done on the basis of recommendation of the Bihar Public Service Commission (for short 'the Commission') and after clearance by the Vigilance Department and after performing other formalities. The appellant was promoted on ad-hoc basis to the post of Professor in the Eye Department of the N.M....
Tag this Judgment!Khokhan Chandra Singh and ors. Vs. State of Bihar
Court: Patna
Decided on: Sep-14-2000
Ashok Kumar Verma, J.1. The appellants have preferred this appeal against the judgment and order dated 8th May, 1995, passed in G.R. Case No. 3621 /86 by the Special Judge E.C. Act, Dhanbad, whereby both the accused persons have been convicted under Section 7 of the Essential Commodities Act, and sentenced to undergo, R.I. for three months each.2. In short, the case of the prosecution is that on 20-11-1986 the informant Randhir Kumar Verma, a Supply Officer along with Senior Supply Officer, Sitaram Tiwary, made a surprise check of the business premises of Khokhan Chandra Singh, who is a licence holder of coal. The surprise check was conducted under the supervision of Sub-divisional Officer, Dhanbad. During the surprise check Khokhon Chandra Singh was not present in the coal depot premises and Sri Hari Charan Prasad was present there and had produced the licence, Chalan of coal delivery etc. According to Haricharan Prasad, he was partner with Khokhan Chandra Singh in the business of co...
Tag this Judgment!Maheshwar Sahu Vs. State of Bihar
Court: Patna
Decided on: Sep-14-2000
Ashok Kumar Verma, J.1. The sole appellant, Maheshwar Sahu, has preferred this appeal against the judgment and order dated 28th April, 1995, passed by 2nd Additional Sessions Judge, Gumla, in Sessions Trial No. 137/90, whereby the learned Additional Sessions Judge has convicted the accusedappellant under Sections 376 and 312, I.P.C. and sentenced him to undergo R.I. for seven years under Section 376, I.P.C. and to undergo R.I. for five years under Section 312, I.P.C. The sentences are to run concurrently.2. In short, the case of the prosecution is that in the month of April 1989 at about 10' O clock in the day informant Tulaspati Kumari was alone in her house and in the meantime accused Maheshwar Sahu entered into her house and caught her and thrashed her on the ground, and raised her Sari and committed rape on her. When the informant raised alarm the accused shut her mouth by putting his hand on her mouth and also threatened her. The accused left her after his semen was discharged. T...
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