Patna Court October 2002 Judgments
Nathuni Sao Vs. the State of Bihar
Court: Patna
Decided on: Oct-23-2002
M.L. Visa and B.K. Jha, JJ.1. This appeal is directed against the judgment and order dated 28.11.1987 passed in Sessions Trial No. 527 of 1982 by VIth Additional Sessions Judge, Munger, convicting and sentencing the appellant to undergo life imprisonment under Section 302/34 of the Indian Penal Code (in short, IPC).2. The case of prosecution as disclosed by fardbayan of informant Sunil Kumar Ram (PW 5), in short, is that on 4.2.1981 at about 7 p.m. informant was in his betel shop engaged in selling betel and cigarette. Deceased Ganesh Yadav along with 2-3 other persons was standing in front of the shop of informant when appellant along with co-accused Mithilesh Tanti, Shyam Tanti, Mahendra Tanti alias Dendha Tanti and Ram Bilas Tanti came there and surrounded deceased Ganesh Yadav, Co-accused Mithilesh Tanti, Shyam Tanti and Ram Bilas Tanti were armed with, pistols. Co-accused Mithilesh Tanti fired from his pistol at deceased Ganesh Yadav who after receiving injuries fell down. Co-acc...
Tag this Judgment!Naresh Yadav Vs. State of Bihar and ors.
Court: Patna
Decided on: Oct-22-2002
S.K. Katriar, J.1. Heard Mr. B.P. Pandey for the petitioner, and Mr. R.K. Dutta, learned SC No. 4, for the respondents. This writ petition is directed against the order bearing Memo No. 678, dated 11.7.2001, issued under the signature of respondent No. 3 (District Magistrate, Nalanda at Biharsharif), in purported exercise of powers under Section 117 of the Motor. Vehicles Act, 1988 (hereinafter referred to as 'the Act'), read with Rule 214 of the Bihar Motor Vehicles Rules 1992 (hereinafter referred to as the 'Rules'), whereby and whereunder parking charges have been imposed on the buses and other modes of road transport carrying tourists and pilgrims at Rajgir.2. According to the writ petition, the petitioner is the holder of a permanent stage carriage permit No. 186/2001 for the period 5.6.2001 to 4.6.2001 with respect to bus No. BR-25/7194 for the route photo copy of the permit is marked Annexure-1 to the writ petition issued by the Magadh Regional Transport Authority, Gaya. It app...
Tag this Judgment!Sohan Singh Vs. State
Court: Patna
Decided on: Oct-22-2002
S.N. Pathak, J.1. This appeal is directed against the judgment dated 9.8.1991, passed by the 2nd Additional Sessions Judge, Vaishali at Hajipur, in Sessions Trial No. 122 of 1985, convicting the appellant for the offence under Section 304 of the Indian Penal Code and sentencing him to undergo RI for eight years.2. The son of the deceased, Dasrath Singh, lodged an information at the police station (sic) on 26.10.1984 at 5.15 p.m. alleging therein that at about 4 p.m. his mother had gone to Gorhiya market for selling vegetables (Potato) along with this informant. Her mother had kept her basket full of vegetables and was selling the same. In the mean time the accused-appellant Sohan Singh came there along with his basket of radish and kept his basket at the same place where her mother was selling her own vegetables and asked her to remove her basket from there. When the informant's mother refused to remove her basket from there, Sohan Singh caught his mother by her neck and started press...
Tag this Judgment!Wakil Kumar Vs. Commissioner of Income-tax and ors.
Court: Patna
Decided on: Oct-22-2002
1. Heard learned counsel for the parties.2. The present writ application has been filed by the petitioner for a direction to respondent No. 2, Assistant Director of Income-tax (Investigation), Muzaffarpur, to release the amount of Rs. 13.90 lakhs in his favour which has been seized from the possession of three persons, namely, Vijay Kumar Sah, Harbansh Kumar Sharma and Vinay Kumar Singh under the provisions of Section 132A of the Income-tax Act, 1961.3. The petitioner claims to be the owner of the aforesaid money.4. The question as to whether the petitioner is the owner of the money or not cannot be gone into in this court. Admittedly, money has been recovered from other persons. The Income-tax Department is making investigation with regard to the said matter.5. In that view of the matter, no case for interference is made out at this stage, especially when the petitioner is not the person from whose possession money has been recovered.6. Accordingly, this writ application is dismisse...
Tag this Judgment!L.N. Mithila University and ors. Vs. Mithila Minority Dental College a ...
Court: Patna
Decided on: Oct-09-2002
R.N. Prasad, J.1. The letters Patent Appeal has been filed by Lalit Narain Mithila University against the judgment and order dated 1.5.2001 passed in C.W.J.C. No. 4166/2001 whereby the writ petition was allowed and the notification dated 14.4.2001 was quashed and the University was directed to make all necessary arrangements to hold all due examinations for bachelor of Dental Surgery (here-in-after referred to B.D.S.) course for the students of the petitioner-college in accordance with law without any delay and within a period of three months. The results of such examination must be published at the earliest and in any case within two months of holding of the concerned examinations.2. The facts relevant to this appeal are that Mithila Minority Dental College, Darbhanga was established in the year, 1989. The college was granted provisional affiliation by Lalit Narain Mithila University vide latter dated 31.10.1996 with effect from session 1989-90 allowing to take admission of 60 studen...
Tag this Judgment!Ranju Devi and ors. Vs. Pawan Kumar Patwari and ors.
Court: Patna
Decided on: Oct-09-2002
Radha Mohan Prasad, J.1. This appeal is directed against the order dated 3.4.1999 passed by 4th Additional District Judge-cum-Claims Tribunal, Bhagalpur, whereby on preliminary issue it has been held that the claim case filed by the appellant is not maintainable and the court has got no jurisdiction to entertain.2. In short, the relevant facts are that the deceased Ashwani Kumar Sauragi was killed by the criminals, who tried to snatch his bag, while he was travelling in the bus bearing registration No. BR 12-9891 when the deceased refused to handover the bag to the criminal. The vehicle in question was insured with the respondent United India Insurance Co. Ltd.3. Learned counsel for the insurance company submitted that the deceased did not lose his life in an accident arising out of use of motor vehicle, and the learned Tribunal on consideration of the fact that the death of the deceased was not caused arising out of the use of the motor vehicle and there is no allegation of any rash ...
Tag this Judgment!Jitendra NaraIn Singh Vs. the State of Bihar and ors.
Court: Patna
Decided on: Oct-09-2002
I.P. Singh, J.1. This application filed under Section 482 of the Code of Criminal Procedure, 1973 (in short 'the Code') has come up for admission. It is directed against the order dated 8.5.2002 passed by the learned Chief Judicial Magistrate, Gaya in Protest/Complaint Petition No. 108/97 whereby and whereunder cognizance was taken against the petitioners under Sections 447 and 504 of the Indian Penal Code.2. From the facts stated in this petition it appears that opposite party No. 2 submitted a written report before Chandauli police station in the district of Gaya on the basis of which Chandauli P.S. Case No. 169 of 1996 dated 25.10.1996 was instituted against the present petitioners. The police after completing investigations submitted final report false dated 30.11.1996 before the Court of Chief Judicial Magistrate, Gaya which was accepted by him on 4.2.1997. In the meantime of 21.11.1996, opposite party No. 2 filed a protest petition-cum-complaint petition before the Court. The co...
Tag this Judgment!Ambe Agro Industries Ltd and Vs. State of Bihar and ors.
Court: Patna
Decided on: Oct-09-2002
1. The matters involved in both the writ applications arc one and the same and as such they have been heard together and are being disposed of by this common order. 2. The petitioners in both the writ applications are companies registered under the Companies Act, 1956 and they have set up food processing units for manufacture of wheat products, namely, atta (wheat flour), maida, suji and bran in Patliputra industrial area in the town of Patna. 3. The State Government with a view to accelerate the industrial growth in the State of Bihar introduces the Industrial Policies from time to time. By notification dated December 22, 1995 it came out with an Industrial Policy giving several incentives to the new industrial units as well as to the old industrial units having undergone expansion/diversification. One of the incentives was to grant exemption from payment of sales tax on purchase of raw materials and sale of finished products. A copy of the said industrial policy has been annexed a...
Tag this Judgment!Chandeshwar Mestar Vs. the Vice-chancellor, Kameshwar Singh Darbhanga ...
Court: Patna
Decided on: Oct-08-2002
Narayan Roy, J.1. Heard learned Counsel for the petitioner, leaned Counsel for the respondent-University and also learned Counsel for Respondent Nos. 3 and 4.2. By this application, the petitioner has prayed for issuance of a direction upon the respondent-University to pay arrears of salary from July, 1999 till date.3. It is submitted by learned Counsel for the petitioner that without any thyme and reason salary of the petitioner has been stopped from July, 1999, It is further submitted that initially, the petitioner was appointed by the Government Body of the Shri Harihar Sanskrit Mahavidyalaya, Bakulahar Math, West Champaran (hereinafter referred to as 'the College') on the post of sweeper and his appointment was approved by the respondent-University vide letter as contained in Annexure-1 dated 9.4.1982 and since then he is working on the post of Sweeper and his salary was being paid all of a sudden his salary has been stopped from the month of July, 1999. It is also submitted that ...
Tag this Judgment!Dr. Sachchidanand Singh Vs. the State of Bihar and ors.
Court: Patna
Decided on: Oct-08-2002
Narayan Roy, J.1. Heard Counsel for the parties.2. By this writ application, the petitioner has questioned the recommendation of the Bihar College Service Commission (hereinafter referred to as 'the Commission') whereby and whereunder name of the petitioner alone has been recommended for appointment to the post of Principal in Thakur B.D. Sinha Janta College, Akauna, Goh, Aurangabad (hereinafter referred to as 'the College').3. Learned Counsel for the petitioner submits that the recommendation made by the Commission is wholly without jurisdiction and must be held to be arbitrary inasmuch as single name of respondent No. 7, Bhola Nath Singh, was recommended for appointment to the post of Principal of the College. It is further submitted that under Sub-section (9) of Section 2 of the Bihar College Service Commission Act, it was mandatory for the Commission to recommended names of two persons in order of preference for the post of Principal and since only one name has been recommended by...
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