Patna Court October 2001 Judgments
Alakh Nandan Srivastava Vs. State of Bihar and ors.
Court: Patna
Decided on: Oct-11-2001
Nagendra Rai And Chandramauli Kumar Prasad, JJ.1. In this Letters Patent Appeal, filed under Clause X' of the Letters Patent of the Court, challenge is to the order dated 25-9-2000 passed by a learned Single Judge in C.W.J.C. No. 114 of 2000, whereby while dismissing the writ application, he has upheld the validity of order dated 30-8-2001 transferring the petitioner from the post of Incharge Head Clerk, Nalanda Medical College and Hospital, Patna to Darbhanga Medical College and Hospital, Darbhanga.2. By order dated 30th August, 2000, on the recommendation of the Establishment Committee constituted at the level of the Directorate, a number of employees were transferred from one place to another. By the said order the appellant was transferred from the post of Incharge Head Clerk, Nalanda Medical College and Hospital, Patna to that of Darbhanga Medical College and Hospital, Darbhanga,3. The appellant impugned the order of transfer primarily on the ground that he holds substantive post...
Tag this Judgment!Oriental Insurance Co. Ltd. Vs. Viveka Nand Singh and ors.
Court: Patna
Decided on: Oct-11-2001
Radha Mohan Prasad, J.1. The present appeal is directed against the judgment and award dated 6.8.99 passed by the First Additional District Judge-cum-Motor Vehicle Claims Tribunal, Munger in Claim Case No. 10 of 1993, whereby and whereunder the learned Tribunal by applying the principle of multiplier inserted in Second Schedule under Section 163A as envisaged under Motor Vehicles (Amendment) Act, 1994 (Act 54 of 1994) has awarded compensation to the tune of Rs. 1,52,000 for the death of Rupa Kumari, who, along with the claimants was going to Jarnui from their village home in Tata Maxi bearing No. BR 21-M-7657, which met with an accident at Badri Vishal Nagar.2. The appellant company has assailed the validity of the impugned judgment on the sole ground that the learned Tribunal has adopted wrong principle of multiplier in awarding exorbitant amount to the claimants as compensation. In fact, the present case is not. governed by the principle of multiplier, which was inserted on 14.11.19...
Tag this Judgment!Om Metals and Minerals Vs. State of Bihar and ors.
Court: Patna
Decided on: Oct-11-2001
Aftab Alam, J. 1. The petitioner company is incorporated under the Indian Companies Act, having its registered office in New Delhi. According to it, it specialises in the field of manufacture of steel structures and hydraulic gates, hoist, gantry crane etc. for hydel and irrigation projects and it has completed a large number of projects in the different States of the Court. 2. This petition under Article 226 of Constitution has been filed at the instance of the petitioner company seeking to challenge an order issued by the Joint Secretary in the Department of Water Resources (Irrigation), Government of Bihar under his memo No. 30/MUK-5/15010/99-5 dated 4-11-2001 (Annexure-1). In this order it is stated that in comnliance with the direction of this Court the Secretary of the department duly considered the representation filed by the petitioner company and also gave hearing to its representative following departmental order No. 3162, dated 23-12-2000 passed giving detailed reasons fo...
Tag this Judgment!Birendra Singh and ors. Vs. State and anr.
Court: Patna
Decided on: Oct-09-2001
S.K. Chattopadhyaya, J.1. Heard learned Counsel for the parties and with their consent this application is being disposed of at the time of admission stage itself.2. The only point is to be decided in this case is as to whether in view of the latest pronouncement of the Supreme Court in the case of Kishori Singh and Ors. v. The State of Bihar and Anr. reported in 2001(1) All PLJ 72, the Chief Judicial Magistrate could have taken cognizance of the offences under Sections 302 and 149 of the Indian Penal Code read with Section 27 of the Arms Act and passed the order dated 26-5-2000 when uncontrovertedly the petitioners were not charge-sheeted by the Police. It is not in dispute that though the petitioners were named in the First Information Report but the Police after investigation did not file charge-sheet against them. However, the learned Magistrate after perusing the case diary and other materials on record took cognizance of the offences in a case which is exclusively triable by the...
Tag this Judgment!Md. Jahangir Vs. Smt. Kirti Devi
Court: Patna
Decided on: Oct-09-2001
Prasun Kumar Deb, J.1. This revision petition has been preferred under Section 14(8) of the Bihar Buildings (Lease Rent and Eviction Control) Act, 1960 against the judgment and decree dated 28-2-2001 passed by the Munsif, IInd, Bhagalpur in Title Eviction Suit No. 1 of 1996. The plaintiff Opposite party's case is that she had purchased the suit holding from Prabhat Chandra Mishra through registered sale deed dated 23-8-1995/24-8-1995 and her name has been recorded in Bhagalpur Municipality on the basis of her possession and she got her name mutated in the Shirista of State of Bihar and was granted receipts on payment of rent. Admittedly the defendant-petitioner is a tenant in the suit premises on the basis of monthly rental of Rs. 250 on the basis of a Kiryanama dated 5-7-1986 which has been marked as Exhibit D executed by the exiandlord the Prabhat Chandra Mishra in favour of the petitioner. According to the plaintiff he purchased the suit property to settle her handicapped and unemp...
Tag this Judgment!State of Bihar Vs. Ram Anup Singh and anr.
Court: Patna
Decided on: Oct-05-2001
R.N. Prasad, J.1. Death reference and the criminal appeal arise out of the judgment and order dated 3-3-2000/9-3-2000 passed by 4th Additional Sessions Judge, Motihari in Sessions Trial No. 319/33 of 1997. They have been heard together and are being disposed of by this judgment.2. The appellants Babban Singh and Lallan Singh have been convicted for the offence under Section 302 of the Indian Penal Code and sentenced to death. Appellant Ram Anup Singh has been convicted for the offence under Sections 302/34 and 302/109 of the Indian Penal Code and has been sentenced to death. The appellants have further been convicted for the offence under Section 27 of the Arms Act but no separate sentence has been awarded. The appellants have preferred the appeal for setting aside the judgment under appeal whereas reference has been made for confirmation of death sentence awarded by the trial Court.3. Babu Nand Dubey, the informant, of village Jamunia Jasauli gave his fardbeyan on 27-3-1997 at about ...
Tag this Judgment!Dilip Singh Vs. State of Bihar and ors.
Court: Patna
Decided on: Oct-05-2001
R.N. Prasad and B.N.P. Singh, JJ.1. The petitioner has filed the writ petition under Article 226 of the Constitution of India for quashing the order dated 10-5-2001 whereby a proceeding under the National Security Act, 1980 (hereinafter to be referred as the Act) was initiated and the petitioner was directed to be detained under Section 3(2) of the Act, Annexure-3, the order dated 19-5-2001 whereby the order of detention has been approved by the Government, Annexure-2 and also the order dated 24-7-2001, Annexure-1, the final order under Sections 12(1) and 13 of the Act whereby the petitioner has been directed to be detained till 9-5-2002.2. The relevant facts of the case are that criminal proceedings were pending against the petitioner. The Superintendent of Police, Begusarai submitted a report to the District Magistrate, Respondent No. 4, for initiating a proceeding against him under the Act. Respondent No. 4 initiated the proceeding and directed to detain the petitioner under the Ac...
Tag this Judgment!Punya Mani Devi and ors. Vs. the State of Bihar and ors.
Court: Patna
Decided on: Oct-04-2001
S.N. Jha And C.K. Prasad, JJ.1. The dispute in this Letters Patent Appeal relates to the validity of a gift in the context of Section 5 of the Bihar Consolidation of Holdings and Prevention of Fragmentation Act, 1956 (in short 'the Consolidation Act'). The dispute has arisen out of orders passed in a proceeding relating to preparation of register of land under Section 10 (2) of the Consolidation Act. The appellants had succeeded before the original authority i.e. the Consolidation Officer but lost before the appellate and revisional authorities. He approached this Court for setting aside those orders in the connected case i.e. C.W.J.C. No. 607 of 1985 but without success.2. From the order of the learned Single Judge it appears that the only point urged before him was that as the notification under Section 3 of the Consolidation Act had been rescinded by the State Government with respect to area comprising Improvement Trust or Blocks the question of obtaining sanction under Section 5 o...
Tag this Judgment!Amrendra Kumar Vs. the State of Bihar and ors.
Court: Patna
Decided on: Oct-03-2001
P.K. Deb, J.1. Both these case are taken up together as the petitioners are the' same in both the cases and nature of grievances are also the same.2. Hari ShankarGiri, respondent No. 1 in Cr. W.J.C. No. 313/2000 and Jaglal Giri respondent No. 2 in Cr. W.J.C. No. 190/2000 had filed two criminal case being Complaint Case No. 34/86 and Complaint Case No. 35/86 respectively alleging that although they did not take any loan from the Bihar State Co-operative land Development Bank, Patna of which the petitioner was the Branch Manager but notices were issued to them for payment of instalmments. According to the complaint case, the whole loan process was fake, manufactured and forged by the petitioner along with other accused persons for illegal gain of the amounts of loan and the cheques being entertained with forged signatures of the complainants. On the basis of such complaints Dighwara PS. Case No. 24/88 (G.R. No. 342/88) and G.R. No. 1902/90 were registered and that investigation proceede...
Tag this Judgment!Sanjana Kumari and anr. Vs. the State of Bihar and ors.
Court: Patna
Decided on: Oct-03-2001
P.K. Deb, J.1. This Writ Petition has been filed for quashing the First Information Report of Kotwali PS. Case No. 553 of 1999 (Annexure-6) arising out of Complaint Case No. 827-C of 1999 lodged by respondent No. 8 against the petitioners and one Rameshwar Prasad Rahi, son of late Raghuvir Prasad.2. The mother of the petitioners, Bebi Devi filed a case under Section 125 of the Code of Criminal Procedure being Maintenance Case o. 17/90 against respondent No. 8 claiming maintenance for herself as legally married wife of respondent No. 8 and that the petitioner being the daughter and son born in the wedlock. Respondent No. 8 contested the case and denied the relationship of husband and wife to one Bebi Devi and himself and also the birth of the child. The Judicial Magistrate 1st Class, Munger had rejected the claim of Bebi Devi. She along with the petitioners came up in Cr. Revision No. 36/94 before this Court. During the pendency of that Revision petition, Bebi Devi died and the case co...
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