Patna Court October 2002 Judgments
Keshav Steel Grih Pvt. Limited Vs. the Bihar State Electricity Board a ...
Court: Patna
Decided on: Oct-30-2002
Aftab Alam, J.1. The petitioner before this Court is a company. Its case is that motivated by the State Government's Industrial Policy, 1995 (hereinafter referred to as 'the Industrial Policy') it set up a cold storage at Lakho in the district of Begusarai. For the cold storage it took from the Bihar State Electricity Board (hereinafter referred to as 'the Board') a high tension electricity connection with the contract demand of 125 KVA. The contract for the connection was executed on 15.7.2000 and the electricity line was energized on 25.4.2001. Though the supply of electricity from the Board commenced much later, it is the case of the petitioner that the could storage had come into commercial production, with the aid of private generator, from 25.8.2000.2. The petitioner claims that the cold storage is covered by the Industrial Police and is entitled to exemption from payment of minimum based charges in terms of the Industrial Policy and the Board's Circular No. 652, dated 11.10.199...
Tag this Judgment!Zonal Manager, Central Bank of India Vs. Union of India (Uoi) and ors.
Court: Patna
Decided on: Oct-30-2002
Aftab Alam, J.1. The Zonal Manager, Central Bank of India, Zonal Office, Muzaffarpur has filed this writ petition against the award dated August 3, 2000 given by the Industrial Tribunal, Patna on a reference made to it under Section 10(1)(d) of the Industrial Disputes Act. The reference was in the following terms:'Whether the action of the management of Central Bank of India in terminating the services of Shri Dincshwar Tiwary is legal and justified. If not, to what relief the said workman is entitled' 2. The case of the workman was that the concerned workman Dineshwar Tiwary was engaged as a temporary peon in the Lalganj branch of the Bank on September 1, 1988 and he worked there continuously and uninterruptedly till December 30, 1992 when he was removed illegally in violation of the statutory provisions and in breach of the Bank's circular, incorporating the agreement between the management and the Union. According to the workmen, during the period of his engagement of over four ye...
Tag this Judgment!Sumitra Devi and ors. Vs. the State of Bihar and ors.
Court: Patna
Decided on: Oct-28-2002
Chandramauli Kr. Prasad, J. 1. This writ application was earlier filed by Hira Prasad (hereinafter referred to as the writ petitioner). After his death, his legal heirs i. e. wife and other children have been substituted in his place and allowed to prosecute this writ application. This application has been filed for issuance of an appropriate writ for quashing the order dated 30th of January, 1999 whereby the writ petitioner, who was an employee of the State of Bank of India (hereinafter referred to as the Bank) has been dismissed from service. Further prayer is to quash the order dated 18th September, 1999 (Annexure-23) whereby the appeal preferred by writ petitioner against the order of dismissal passed by the disciplinary authority, has been dismissed.2. The case has a chequered history, writ petitioner was an employee of the State Bank of India (for short the Bank). A departmental enquiry was initiated against him for having granted bank loan to large number of persons without pro...
Tag this Judgment!Ganesh Lal Vs. the State of Bihar and ors.
Court: Patna
Decided on: Oct-28-2002
Chandmauli Kr. Prasad, J. 1. This application has been filed for quashing thememo dated 22-6-2002 (Annexure-5) whereby Respondent Nos. 5 to 19 who wereworking as Accountant in the Bihar State Electricity Board have been allowed tolookafter the w6rk of Accounts Officer as a purely ad-hoc arrangement and posted atvarious places. Further prayer of the petitioner is to direct the respondents to promotehim to the post of Accounts Officer. 2. Shorn of unnecessary details, facts giving rising to the present application, are that the petitioner is working as Accountant in the Bihar State Electricity Board. By order dated 22-6-2002, respondent Nos. 5 to 19 have been allowed to lookafter the work of Accounts Officer. It is the grievance of the petitioner that although he is senior to those persons, they have been allowed to function as Accounts Officer ignoring his seniority. 3. Mr. Yogesh Chandra Verma, appearing on behalf of the petitioner submits that for promotion to the post of Accounts Of...
Tag this Judgment!Ramayan Rai and anr. Vs. the State of Bihar
Court: Patna
Decided on: Oct-25-2002
B.N.P. Singh, J. 1. Though the appellants along with Ramdeya Devi were charged for the offence publishable under Section 302/34 of the Indian Penal Code, they were acquitted of the charges. The trial Court, however, found appellants guilty under Section 201 of the Indian Penal Code and sentenced them to suffer rigorous imprisonment for a term of seven years which is impugned in this appeal. 2. The factual matrix appearing from the earliest version of Baliram Rai PW 3 and also narrations made by the witnesses at trial had been that the said Baliram Rai was informed by his son Brahmadeo Rai who had gone to flour mill, that Raj Kumari Devi, his sister had been killed, pursuant to which, Baliram Rai along with others proceeded for village. However, he met the appellants and others in the midway who were carrying the dead-body of Raj Kumari Devi for cremation and it was alleged that when they asked them about cause of death of the deceased, they stated it due to stomach pain. However, wh...
Tag this Judgment!Ram Bali Prasad Vs. State of Bihar
Court: Patna
Decided on: Oct-25-2002
M.L. Visa, J.1. Ram Bali Prasad, the sole appellant, the this appeal has assailed the judgment dated 1.9.1997 and order dated 3.9.1997 of 7th Additional Sessions Judge, Nalanda at Biharsharif in Sessions Trial No. 354/95 convicting and sentencing him to undergo RI for life under Section 302 of the Indian Penal Code fin short, IPC) and RI for 5 years under Section 27 of Arms Act and ordering both the sentences to run concurrently.2. The prosecution case, in short, is that on 18.4.1995 at about 9.30 a.m. an altercation took place between the informant Ram Bachan Prasad (PW 5) and the appellant when appellant who has got his house adjacent to the house of informant was constructing a brick wall just adjacent to the land of informant. When Siya Ram Prasad, son of informant, came there the appellant went running to his house and brought a country made rifle and fired hitting on the left side of the chest of Siyam Ram Prasad who fell down and died at the spot and appellant fled away towards...
Tag this Judgment!Prabhu Sah and ors. Vs. State of Bihar
Court: Patna
Decided on: Oct-24-2002
S.N. Pathak, J.1. This appeal is directed against the judgment dated 26.7.1991 passed by Addl. Sessions Judge V. Chapra (Saran) in Session Trial No. 258/86. Appellant No. 4, Sipahi Sah, appellant No. 5, Kanhaiya Sah and appellant No. 6 Dablu Sah were released under Section 4 of the Probation of Offenders Act. Appellant No. 1, Prabhu Sah was convicted under Sections 325 and 147 IPC and sentence to undergo RI for 3 years and 1 year. Appellant No. 2 Bishwanath Sah, appellant No. 3, Sheonath Sah and appellant No. 7 Indrasan Sah were convicted under Sections 323 and 147 IPC and sentenced to undergo RI for 6 months and 1 year.2. The prosecution case originated on the fardbayan of Bachani Devi (informant) alleging therein that on 24.4.1985 she found that garbage was stacked in front of her door. This lady raised alarm which attracted Indrasan Sah and he abused her for raising any grievance at the stack of garbage at her door. When the informant protested to the abuse, son of Indrasan Sah and...
Tag this Judgment!Sheo Narayan Das Vs. the State of Bihar and ors.
Court: Patna
Decided on: Oct-24-2002
S.N. Pathak, J.1. This appeal is directed against the judgment dated 29.11.1988 passed by 1st Addl. District Judge, Bhagalpur, in Title Appeal No. 12/88 reversing the judgment of the trial Court dated 7.12.1987 rendered in Title Suit No. 22785 Plaintiff of the suit is appellate here.2. The plaintiff-appellant had brought the aforesaid suit claiming, inter alia, that the defendant-respondents had no right to remove him from service and, therefore, he was entitled to receive his salary and emolument since December, 1982 upto date. Admittedly, the plaintiff-appellant was appointed on daily wages to the post of Prayogshala Sewak (Labotatory peon) with effect from 20.8.1980 to 31.1.1981. Subsequently, appellant was put on master roll from 1.2.1981 upto 31.7.1981. Thereafter, he was absorbed as regular employee from 1.8.1981 by virtue of letter No. 576 dated 28.7.1981 (Exhibit A). The plaintiff-appellant proceeded on leave from 11.2.1982 upto 31.12.1982. During this period, he was prosecute...
Tag this Judgment!Ram Janki and ors. Vs. Bhagwati Devi and ors.
Court: Patna
Decided on: Oct-24-2002
S.N. Pathak, J.1. This appeal is directed against the judgment dated 4.8.1987 passed by the 2nd Addl. District Judge, Chapra in Title Appeal No. 94/85, 52/86 affirming the judgment of the trial Court dated 6.9.1985 rendered in Title Suit No. 115/82. Plaintiffs of that suit are appellants here.2. The plaintiffs-appellants had filed the aforesaid suit seeking declaration that they are Motwalies of the suit lands and plaintiff No. 1 who was deity called 'Shri Ram Janki' and others. They had also sought for recovery of possession of the suit property belonging to this deity from defendant-respondents of this appeal.3. The plaintiffs-appellants had filed the suit with main contention to the effect that there was one Hanuman Prasad Khajanchi who was owner of the suit land over which there was a building in which Hanuman Prasad Khajanchi was living. After some time, Hanuman Prasad Khajanchi constructed various residential buildings over the suit property as described in schedule of the plain...
Tag this Judgment!Manoj Sahni Vs. State of Bihar
Court: Patna
Decided on: Oct-23-2002
S.N. Pathak, J.1. The sole appellant Manoj Sahni, was convicted by the trial Court in its judgment dated 15.7.1991 rendered in Session Trial No. 148/89 under Sections 395 and 412 IPC and he was sentenced to undergo RI for ten years on both the counts. The sentences were directed to run concurrently.2. The prosecution case was based on the fardbayan of one Nirmala Shrivastava wherein she alleged that on 29.4.1987 at about 10 p.m., she was inside her house alongwith her children. The exit door of her house was open. Suddenly, five persons entered insider her house with bombs and country made pistol. Two of the culprits were standing outside the house and keeping watch. One of the culprits who had entered into her house asked for jewellary and other valuables in the house at the point of fire arms. The informant handed over the key to the docoit and then the docoit searched the articles inside the box and found nothing insided the box except papers. One the docoits relieved the informant...
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