Patna Court June 2001 Judgments
Kanik Lal Thakur Vs. State of Bihar
Court: Patna
Decided on: Jun-27-2001
Anil Kumar Sinha, J.1. This revision application has been directed against the judgment and order dated 11-12-1998 passed by 7th Additional Sessions Judge, Begusarai in Criminal Appeal No. 37 of 1996, whereby and whereunder he dismissed the appeal preferred by the petitioner against the judgment of conviction and sentence passed by Sri B. N. Singh, Judl. Magistrate, Begusarai in G. R. Case No. 245 of 1989, whereby the learned Magistrate convicted the petitioner under Section 411 of the Indian Penal Code and sentenced him to undergo rigorous imprisonment for a period of two years.2. According to the prosecution case one Bishswanth Singh, Junior Engineer lodged a written report that on 3-2-89 some unknown persons committed theft of Aluminium wire valued at Rs. 5500/- on the basis of which Ballia P.S. Case No. 79 of 1989 was registered under Section 379 of the Indian Penal Code against unknown. In course of the investigation the petitioner is alleged to have confessed his guilt and on h...
Tag this Judgment!Dr. Deb Kumar Roy Vs. State of Bihar and ors.
Court: Patna
Decided on: Jun-27-2001
P.K. Deb, J. 1. This revision petition has been preferred by the above named petitioner against the order dated 24.3.2001 passed by Shri D.K. Singh, J.M. 1st Class, Patna, whereby the prayer made by the petitioner under Section 245 Cr.P.C. for his discharge has been rejected.2. Although, before notices were sent at the admission stage, the O.P. No 2 who happens to be the complainant in Complaint Case No. 356(C)/2000 appeared and argued through the counsel.3. Admittedly, the novel 'Lohe Ke Pankh' was written by late Hirnanshu Srivastava who happened to be the father of the complainant OP No. 2. The said novel was published by Gyanpith Private Limited. According to the complainant, from a news item published in daily newspaper 'Aaj' on 13.11.1997 he could learn that Doordarshan Kendra, Patna, had approved the proposal of co-accused Girish Ranjan for producing the tele serial under 'Commissioned Category' of the said novel 'Lohe Ke Pankh'. The complainant being sole heir of Himanshu Sr...
Tag this Judgment!Krishna Nanadan Jha Vs. Basudeo Prasad Maskara and anr.
Court: Patna
Decided on: Jun-26-2001
Sudhir Kumar Katriar, J.1. The appellant is the defendant against a judgment of reversal. This appeal is directed against the judgment dated 23-9-2000, passed by the learned Ist Addl. District judge, East Champaran, Motihari, in Eviction Appeal No. 6 of 1995 (Basudeo Prasad Maskara v. Krishna Nandan Jha and Anr.), whereby the same was allowed, the defendant's eviction from the suit premises ordered for, after setting aside the judgment dated 5-7-1995, passed by the learned Munsif, Motihari, in Eviction Suit No. 2/7 of 1994 (Basudeo Prasad Maskara v. Krishna Nandan Jha and Anr.).2. The plaintiff (respondent 1st set herein) instituted the suit for eviction of the defendants (the appellant and respondent 2nd set herein) for their eviction from the suit premises. The plaintiffs case as set out in the plaint is that Brijnandan Jha, father of the defendants, had been inducted as a tenant in the suit premises had vacated the same on 19-10-1991, and died soon thereafter on 11-1-1992. The defe...
Tag this Judgment!Baikunth Tiwari Vs. Bihar State Road Transport Corportion and ors.
Court: Patna
Decided on: Jun-26-2001
Shiva Kirti Singh, J.1. Heard the parties.2. This writ application was originally filed to challenge a departmental proceeding pending against the petitioner even after his retirement from service under the Bihar State Road Transport Corporation on 31-1-2001. While the writ application was pending before this Court final orders of punishment have been passed in the pending proceeding and those orders have been annexed as Annexure-5 to an amendment petition wherein petitioner has prayed for quashing of the order of punishment on the ground that after petitioner's retirement the Corporation had no jurisdiction to continue with the departmental proceeding and hence, the final order of punishment is also without jurisdiction.3. It is well-settled in law that after superannuation the relationship of employer and employee comes to an end. Any departmental proceeding thereafter can be continued against an ex-employee only if provisions to that effect are contained in the service rules. On be...
Tag this Judgment!Abdul Rauf Vs. Sayara Begum and ors.
Court: Patna
Decided on: Jun-22-2001
Someshwar Nath Pathak, J.1. This Second Appeal is directed against the judgment and decree passed by Sri Bageshwari Prasad, 2nd Subordinate Judge, Gaya, in Title Appeal No. 54/1979 /Title Appeal No. 1/1980. The defendant of the Title Suit No. 354 of 1974 was the appellant in the 1st Appellate Court and he is the appellant before this Court as well. The trial Court.(Munsif 1st, Gaya) had decreed the suit of the respondents against which the sole defendant filed the first appeal and he is appellant before this Court.2.The relevant, facts for decision of this appeal are that the aforementioned title suit was filed by one Abdul Ajij and his brother Md. Siddiquee (since deceased and whose heirs were substituted) making a plea that plot Nos. 83 and 84 having a total area of 30 decimals after amalgamation under khata No. 94 was under the joint ownership of the two brothers. Abdul Ajij was the managing owner of the property and defendant Abdul Rauf approached Abdul Ajij to grant tenancy over ...
Tag this Judgment!Sayeeda Khatoon Vs. Bibi Sayeeda Tahira Nahid
Court: Patna
Decided on: Jun-20-2001
P.K. Deb, J.1. This revision petition has been preferred against the order dated 15-12-2000 passed by the learned Execution Munsif, Patna in rejecting Misc. Case No. 9 of 2000 in limine by which the petitioner had claimed for dismissing the Execution Case No. 11 of 1988 as not maintainable. The said Misc. Case was registered on the basis of the petition filed by the petitioner/judgment debtor under Section 47 read with Section 151 of the Code of Civil Procedure raising objection to the effect that the execution Case No. 11 of 1988 cannot be maintainable as the same was filed for executing a preliminary decree passed in Title Mortgage Suit No. 21 of 1987.2. There is a chequered history of the case. One Bibi Habiba Sogra @ Sakina was the owner of the suit property. She sold the property to Md. Eqbal Yusuf from whom the plaintiff-decree holder Bibi Sayeeda Tahira Nahid had purchased the same vide sale-deed dated 12-1-1985 but,Bibi Habiba Soghra before sale to Md. Eqbal Yusuf had already ...
Tag this Judgment!Kumud Ranjan and anr., Etc. Etc. Vs. Munger Kshetriya GramIn Bank and ...
Court: Patna
Decided on: Jun-20-2001
Sachchidanad Jha, J.1. The dispute in these three writ petitions relates to promotion in the Munger Kshetriya Gramin Bank and involves the interpretation of the 'seniority-cum merit' rule in the context of the circulars and rules governing such promotion.2. There are two petitioners in CWJC No 5886/87 and one each in CWJC No. 26/ 88 and CWJC No 5927/90. The petitioners in CWJC Nos. 5886/87 and 5927/90 are Field Supervisors in the Munger Kshetriya Gramin Bank (hereinafter referred to as 'the Bank') They are aggrieved by their supersession by respondents 4 to 11 in the matter of promotion in the Officer's cadre i.e. the post of Branch Manager. The petitioner in CWJC No. 26/88 is Clerk-cum-Cashier. He was denied promotion to the post of Field Supervisor while as many as 30 persons were promoted to the post. Those 30 persons were initially impleaded as respondents 4 to 33 but their names were deleted at the time of admission on 20-1-88 because the petitioner did not seek cancellation of t...
Tag this Judgment!Rash Narayan Singh Vs. Sita Devi and ors.
Court: Patna
Decided on: Jun-20-2001
S.N. Pathak, J.1. This Miscellaneous appeal has been filed against the order dated 6-4-95 granting interim relief of Rs. 25,000 to the claimant-respondents in Claim case No. 18/94.2. It has been submitted by the appellant's lawyer that the impugned order is based on the formal F.I.R. and the Fardbeyan of Ram Chandra Shah, but in none of these documents Jeep number which me with an accident and in which deceased Fulo Shah was travelling, was mentioned. So, the impugned order was passed on the basis of no evidence regarding the involvement of the appellant's jeep in the concerned accident which caused the death of Fulo Shah.3. Respondents' lawyer replied that in the claim application the jeep number was very much mentioned and, hence, the interim relief granted by the lower Court was very much justified.4. Of course, in a case where the involvement of the vehicle, in question, is denied, there should be prima facie evidence before the Court to pass the order of interim relief, but I fin...
Tag this Judgment!Kamal Nath Jha Vs. Life Insurance Corporation of India and ors.
Court: Patna
Decided on: Jun-19-2001
Radha Mohan Prasad, J.1. In the writ petition the petitioner is aggrieved on account of denial of the benefit available under Rule 27(B) of the Life Insurance Corporation of India (Employees) Pension Rules, 1995 (Referred to as 'the Rules).2. In short, the relevant fact is that the petitioner was initially appointed in the Life Insurance Corporation on 4th February, 1965 as Field Officer, and superannuated from service on 31-1-1991, as Development Officer. The Life Insurance Corporation of India (Employees) Pension Rules, 1995 has also been made applicable to employees who were in service of the Corporation on/after 1st day of January, 1986 but had retired on 1st day of November, 1993 and exercised an option in writing 120 days from the notified date to become member of the fund. Admittedly, the petitioner under the said Rules become eligible for grant of superannuation pension and was paid the same since his retirement.3. According to the case of the petitioner, as at the time of ini...
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