Patna Court November 2002 Judgments
Ram Pavitra Singh Vs. the State of Bihar and ors.
Court: Patna
Decided on: Nov-29-2002
R.M. Prasad, J. 1. In this writ petition, the grievances of the petitioner are twofold, firstly because he has not been paid interest on difference in the pay scale during the period 1-1-1971 to 31-3-1973 and secondly that the G.P.F. amount has also not been paid although he retired from the service as Teacher, Primary School, Jaunpur under Pandarak Anchal in Patna district on 31-3-1989.2. Earlier on the request of the respondents this matters was adjourned after awarding a cost of Rs. 250/- to enable the respondents to produce the necessary payment. Despite that the respondent authority has not produced the payment of the amount of interest for the said period.3. The District Provident Fund Officer, Patna (respondent No. 4) has filed a counter-affidavit to which he has annexed a copy of the authorisation as Annexure-A showing authorsisation for payment of provident fund amount of Rs. 30,644/- with statutory interest given till September, 1989 only and not up to the date of issuance o...
Tag this Judgment!Mohan Lal Chaturvedi Vs. the State of Bihar and ors.
Court: Patna
Decided on: Nov-29-2002
R.M. Prasad, J. 1. The father of the petitioner retired from the service of the State Government on 31-12-1987 while posted as District Welfare Officer and died on 24-2-2001. As the petitioner was not paid arrears of salary, family pension and other retrial dues, including G.P.F. for almost 15 years, he filed the present writ petition seeking direction to the appropriate authorities for payment of his dues.2. After hectic efforts, it seems that the authorities have sanctioned the dues, including the G.P.F., but on G.P.F. statutory interest up to June, 1988 has only been paid and not up to the date of payment.3. From the counter affidavit filed oh behalf to the District Provident Fund Officer, it appears that the delay in payment of the provident fund dues of the father of the petitioner was on account of non-availability of deduction statements, including B.T. up to the period 1981-82 sent by the Accountant General. It is, however, stated that as per the Finance Department's Notifica...
Tag this Judgment!Dhaneshwar Sah and ors. Vs. State of Bihar
Court: Patna
Decided on: Nov-28-2002
S.N. Pathak, J. 1. This revision is directed against the Judgment dated 21-12-2000 passed by the 3rd Additional Sessions Judge, Bhagalpur in Cr. Appeal No. 13 of 1996, confirming the order of conviction recorded by Sri Krishna Kant Shukla, Judicial Magistrate, 1st Class, Bhagalpur in his Judgment dated 12-2-1996 rendered in G.R. Case No. 1131 of 1992 Tr. No. 293 of 1996. All the revisionists were convicted under Sections 147, 448, 427 and 379 of the Indian Penal Code. Revisionists No. 9 to 15 were released under Section 3 of the Probation of Offenders Act after due admonition. The rest of the revisionists were sentenced by the trial Court for one year on all the counts, all the sentences were directed to run concurrently. The appellate Court reduced the sentence to six months under Section 379 and 3 months regarding the rest of the offences, the sentences to run concurrently. 2. The revisionist lawyer submitted that three of the revisionist namely Dhaneshwar Sah, Badamiya Devi and La...
Tag this Judgment!Mosomat Ful Sunder Ojha with Manoj Kumar Ojha Vs. State and anr.
Court: Patna
Decided on: Nov-27-2002
P.K. Sinha, J.1. Heard learned Counsel for the parties.2. This petition is being disposed of along with Cr. Misc. No. 5305 of 2002 and this order will govern both the cases.3. In this instant case, mother-in-law has come up for anticipatory bail being an accused in Complaint Case No. 109 (C) of 2001, Smt. Sangeeta Dubey ' Archana' being the complainant and in the other case, Manoj Ojha, husband of the complainant, seeks the same relief.4. As per orders, earlier, Smt. Sangeeta Dubey 'Archana' as well as the husband-petitioner, Manoj Kumar Ojha have appeared in the Court with their respective Counsels.5. Learned Counsel for the petitioners submits that the complainant had filed a title suit against the petitioners bearing Title Suit No. 17 of 1999, filed in the Family Court, Patna, in which both the petitioners also are defendants. The relief sought was for return of the dowry mentioned in the petition, by the defendant first party and that the defendant first party be also directed to ...
Tag this Judgment!Bachu Singh and ors. Vs. the State of Bihar
Court: Patna
Decided on: Nov-27-2002
S.N. Pathak, J. 1. This revision is directed against the judgment dated 13-7-2000, passed by the 4th Additional Sessions Judge, Jehanabad; in Cr. Appeal No. 66 of 1997/22 of 2000, confirming the judgment of the trial Court dated 28-8-1997 rendered by Sh'ri Basant Kumar Dikshit, Judicial Magistrate, 1 st Class, Jehanabad. The revisionists were convicted under Sections 419, 420 and 467 of the Indian Penal Code and they were awarded a composite sentence of two years R.I. 2. The case was initiated by the informant, PW 3, on his complaint which was referred to the police for investigation and in the complaint petition it was alleged that the informant's uncle Sakaldeep Singh was taken ill in the year 1989 and was removed to Khijarsarai Hospital for treatment. He died on 1-2-1989. However, the revisionist who are collaterals of the deceased obtained fake and forged deed of gift dated 9-2-1989 from the deceased by impersonating him by some one else. The informant came to know of this deed o...
Tag this Judgment!Bhagwati Devi @ Rajani Devi Vs. State of Bihar
Court: Patna
Decided on: Nov-27-2002
S.N. Pathak, J. 1. This revision is directed against the judgment dated 22-7-1999 rendered by the Judicial Magistrate, 1st Class, Pupri at Sitamarhi in Misc. Case No. 29 of 1990 Tr. No. 339 of 1999. 2. Heard both side. 3. After making some submissions to the effect that as per the findings in the Cr. Appeal No. 329 of 1990 and Cr. R. No. 823 of 1990 the revisionist has been declared to be the legally weded wife of Sanjay Kumar alias Sanjay Kumar Bubna, opposite Party No. 2 of this revision, the revisionist's lawyer seeks permission to withdraw this revision and to take recourse to legal provisions for seeking appropriate reliefs. The opposite party's lawyer submitted that the findings rendered in the criminal appeal may not be binding upon future Courts of law where the revisionist may seek remedy. 4. So far the position of law is concerned, I need not make any observation or remark with respect to the statements made by advocates on behalf of both the parties. The law will have its ...
Tag this Judgment!The Associated Cement Companies Ltd. Vs. State of Bihar and ors.
Court: Patna
Decided on: Nov-27-2002
Nagendra Rai, J. 1. The petitioner has filed the present writ application forquashing the order dated 20th November, 2001 passed by the Assistant Commissioner, Commercial Taxes Incharge, Patna Special Circle, Patna, respondent No. 4 holding that the petitioner is liable to pay sales-tax after 15-11-2000 on sale of goods earlier exempted by exemption certificate dated 20-12-1995 granted in favour of it under Section 7 (3)(b) of the Bihar Finance Act in terms of the Industrial Policy of the State for a period from 1-4-1998 to 31 -3-2007 and directed it to make the payment of sales-tax on a date specified in the order. A copy of the said order has been annexed as Annexure-1 to the writ application. 2. The petitioner, registered under the Companies Act as a public limited company and having its registered office at Mumbai is engaged in manufacturing cement in different cement factories/units located at different parts in the country. One of the regional offices of the marketing division o...
Tag this Judgment!Durga Navratnanand Choudhary and ors. Vs. State of Bihar
Court: Patna
Decided on: Nov-27-2002
S.N. Pathak, J. 1. This revision is directed against the judgment dated 23-11-2000 passed by Shri Mahendra Narain Singh, 3rd Additional Sessions Judge, Bhagalpur, in Cr. Appeal No. 48 of 1997 confirming the judgment of the trial Court dated 30-8-1997 rendered by the Judicial Magistrate, 1st Class, Bhagalpur in G.R. Case No. 2204 of 1985 Tr. No. 771 of 1997. Two of the revisionists namely Pancha Nand Choudhary and Durga Navratnanand Choudhary have been sentenced to three months SI and revisionists namely Smt. Savitri Devi and Kavita Nandani Choudhary were sentenced to pay a fine of Rs. 250/- each and in default to undergo SI for 15 days. 2. It has been submitted by the revisionist's lawyer that Durga Navratnanand Choudhary and Kavita Nandani Choudhary were minors on the date of occurrence i.e. on 4-6-1985 and hence they deserved no punishment from the trial Court. So far the other revisionists are concerned, they were already in their fifties so far age is concerned and now they have ...
Tag this Judgment!Annach Kumahar @ Annahach Kumahar and ors. Vs. State of Bihar
Court: Patna
Decided on: Nov-27-2002
Anil Kumar Sinha, J.1. Both these appeals were heard together as they arise out of the same judgment. The appellants, namely, Annach Kumahar, Munarik Kumahar and Dwarik Kumahar of Cr. Appeal No. 213 of 1997 have been convicted under Sections 302/34 of the Indian Penal Code read with Section 498A of the Indian Penal Code and appellant, namely, Lal Matiya Devi of Cr. Appeal No. 239 of 1997 has been convicted under Section 302 of the Indian Penal Code (simpliciter) The appellants of Cr. Appeal No. 213/97 were sentenced to undergo rigorous imprisonment for life under Sections 302/34 of the IPC and were further sentenced to undergo rigorous imprisonment for two years under Section 498A of the IPC whereas, the appellant Lal Matiya Devi was sentenced to undergo rigorous imprisonment for life under Section 302 of the Indian Penal Code.2. The Fardbeyan of Mina Devi (deceased) was recorded on 13.4.1996 at 12.40 a.m. by ASI Ramesh Singh of Ambe Police Station in the clinic of doctor Bishwanath S...
Tag this Judgment!Rajiv Ranjan Vs. the State of Bihar and ors.
Court: Patna
Decided on: Nov-26-2002
S.K. Singh, J. 1. Heard Learned counsel for the petitioner and the counsel appearing for the respondents. 2. The present writ application was filed as it was contended on behalf of the petitioner that pursuant to the order dated 14-8-2002 he had already assumed the charge of Junior Engineer in the Hardinge Road Section of the Central Building Division and by order dated 6-9-2002 Respondent No. 6, who was holding the said post was transferred on the next date i.e. on 7-9-2002 by Annexure-4. The transfer of the petitioner has been rescinded along with Respondent No. G. The aforesaid order has been challenged as the same suffers from the vice of mala-fide. 3. The contention on behalf of the petitioner is that the services of 31 Junior Engineers of the Road Construction Department was transferred to the Building Construction Department and two of them including the petitioner gave their joining in the Building Construction Department and as such they were required to be posted. Order of ...
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