Patna Court March 2002 Judgments
Ajay Kumar Rana and ors. Vs. State of Bihar and ors.
Court: Patna
Decided on: Mar-22-2002
Chandramauli Kumar Prasad, J.1. In these writ applications, common question of law and facts arise and as such, they are being decided by this common order.2. Petitioners filed revision applications under Section 399 read with Section 397 of the Code of Criminal Procedure (hereinafter referred to as the Code, aggrieved by the orders passed by the learned Magistrate. All the revision applications have been dismissed and aggrieved by the same, present writ applications have been filed.3. Stamp Reporter took an objection to the maintainability of the writ applications under Article 226 of the Constitution of India and opined that same require to be converted into criminal miscellaneous applications under Section 482 of the Code of Criminal Procedure. Objections pointed to by the Stamp Reporter was placed for consideration before the Court where it was observed that the maintainability matter shall be considered at the time of admission. Writ applications were thereafter placed for admiss...
Tag this Judgment!Dilip Kumar Mukherjee Vs. Union of India (Uoi) and ors.
Court: Patna
Decided on: Mar-21-2002
Aftab Alam, J.1. Employment in a private jute mill, which in course of nationalization, was taken over by the Central Government and was later transferred to the National Jute Manufacturers Corporation Limited (hereafter referred to as 'the Corporation') proved to be highly profitable to the petitioner. It was only his last bluff, that did not succeed and he was, therefore, unable to have his tenure of service extended by two years and to derive further monetary benefit from the scheme of voluntary retirement introduced by the Corporation. He now seeks to realise, through the intervention of the writ Court, what he was unable to achieve on his own.2. For a brief period from 15.7.98 to 21.3.2001, the age of superannuation for the employees Of the Corporation was raised from 58 to 60 years. It was during this period that the Corporation also introduced a scheme of voluntary retirement for its employees. On 22.2.99 the petitioner made an application for grant of voluntary retirement A co...
Tag this Judgment!Sheo Pratap Singh and anr. Vs. State of Bihar and anr.
Court: Patna
Decided on: Mar-21-2002
Chandramauli Kumar Prasad, J.1. This application has been filed for quashing the order dated 30.11.2000 passed by the Chief Judicial Magistrate, Saran in UT. 251/2000 whereby the learned Magistrate has directed for putting petitioner on trial and for commitment of the case to the Court of Sessions.2. Facts, which are necessary for decision of this application are that one Rameshwar Manjhi gave a report to the Bhagwan Bazar police station on 21.10.1997 stating therein that on 21.10.1997 at 10.30 a.m., he was carrying children in a rickshaw including two girls, namely, Suchi Kumari aged about 10 years and Babloo Kumari aged about 8 years and one boy Ravi Kumar aged about 6 years who are daughters and son of Dr. Ram Ekbal Prasad. According to the report, when the rickshaw reached near Chamar Mai Mandir near bus stand at about 8.45 a.m., he saw two motor-cycles, one parked near Chamar Mai Mandir and another on the Main Road. According to him, when he reached near the corner of the Mandir,...
Tag this Judgment!Bhupendra Nath Srivastava and anr. Vs. State of Bihar
Court: Patna
Decided on: Mar-21-2002
Chandramauli Kr. Prasad, J.1. In both the applications, prayer made by the petitioners is to, quash the order dated 11.4.2000 passed by the Additional Chief Judicial Magistrate, Patna in Shastrinagar (Gardanibagh) P.S. Case No. 847 of 1990 dated 20.11.1990 whereby the learned Magistrate had taken cognizance of the offence under Sections 467, 468, 471, 409, 420, 201 and 120B of the Indian Penal Code.2. By the said order, the learned Magistrate had taken cognizance of the offence against five persons, namely, Surya Kumar Srivastava, Gopi Kant Pathak, Tribnuwan Nath Gupta, Bhupendra Math Srivastava and Ram Pyare Sinha alias Ram Pyare Singh. Bhupendra Nath Srivastava and Tribhuwan Nath Gupta are the petitioners in Cr. Misc. No. 28834 of 2000 whereas accused Ram Pyare Sinha alias Ram Pyare Singh is petitioner in Cr. Misc. No. 13647 of 2001.3. Prosecution started on the basis of a written, report given by the Special Officer, Jai Prakash Narayan Co-operative Society to the Officer-in-charge...
Tag this Judgment!Dipesh Chandak Vs. Union of India (Uoi)
Court: Patna
Decided on: Mar-21-2002
Ashok Kumar Verma, J.1. This petition has been filed on behalf of Dipesh Chandak for quashing the entire proceedings including the order dated June 6/7, 2000, passed by the Special Judge, Economic Offences, Patna, in Complaint Case No. 157 (C) of 2000, whereby the learned special judge has taken cognizance of the case for the offences under Sections 277 and 278 of the Income-tax Act, 1961, against the accused Dipesh Chandak and for the offence under Section 277 of the said Act against the accused Hitesh Chandak, Mahavir Prasad Chandak, Mohan Lal Chandak and N. K. Chitlangia. The complaint case bearing No. 157(C) of 2000 had been filed in the court of Special Judge, Economic Offences, Patna, by the Union of India through the Deputy Commissioner of Income-tax, Central Circle-1, Patna, against the above five accused persons for commission of the offences punishable under Sections 277 and 278 of the Income-tax Act, 1961.2. The assessee-accused, Dipesh Chandak, was a supplier of the Animal...
Tag this Judgment!State of Bihar Vs. Rajo Yadav and ors.
Court: Patna
Decided on: Mar-20-2002
Narayan Roy, J.1. Heard Counsel for the parties.2. The Death reference and the Criminal Appeals have been heard together and are being disposed of by this common judgment.3. Appellant Rajo Yadav, Babloo Yadav, Manoj Yadav, Sanjay Yadav and Bishwa Nath Yadav have been found guilty for an offence under Section 302 read with Section 140 of the Indian Penal Code and have been sentenced to death, whereas appellant Shatrughan Yadav has been found guilty under Section 302 read with Section 149 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life and also to pay a fine of Rs. 25,000/-. Appellant Rajo Yadav and Babloo Yadav have also been found quality under Sections 27 and 35 of the Arms Act. However, no separate sentence has been passed under these counts.4. The prosecution case, as disclosed in the fardbeyan (Ext. 5) briefly stated is that in the night of 23/24.2.1997 while he was sleeping in his verandah and his father, step-mother, step-brother and step-sister ...
Tag this Judgment!Yugeshwar Nath Mishra Vs. Arpana Kumari and anr.
Court: Patna
Decided on: Mar-20-2002
P.K. Sinha, J.1. This is an application under Section 482 of the Code of Criminal Procedure (hereinafter referred to as 'the Code') for quashing order dated 5-10-1999 in Case No. Misc. 122 of 1996 corresponding to Trial No. 387 of 1999 recorded by Sri. Rajendra Kumar Singh, Judicial Magistrate, first class, Ara as well order dated 5-8-2000 recorded in Cr. Rev. No. 288 of 1999 by the First Additional Sessions Judge, Ara. In this case learned counsels for the petitioner, for opposite party No. 1, Arpana Kumari, and learned Additional Public Prosecutor on behalf of the State have been heard. This application, therefore, is being disposed of at this stage.2. One Vidyawati Devi, who had expired in course of the proceeding and Arpana Kumari, her daughter, had filed a petition under Section 125 of the Code for their maintenance. On death of her mother the daughter continued to prosecute the case. Arpana Kumari was unmarried who had stated her age to be eighteen years on the date of her depo...
Tag this Judgment!Rajesh Singh Buddhpriya and anr. Vs. Patna Regional Development Author ...
Court: Patna
Decided on: Mar-20-2002
R.S. Garg, J. 1. Being aggrieved by the order dated 18-8-2001 (Annexure-6) passed by the Vice-Chairman, Patna Regional Development Authority, the petitioners have knocked the doors of this Court inter alia pleading that the order is passed on misconception of law and misreading of the facts and as error is apparent on the face of the records, this Court must Interfere and quash the orders.2. The facts which are not in dispute before me are, though the correctness of the agreement etc. referred to in the foregoing paragraphs of this order have been vehemently disputed, that the Respondent No. 3 alleging that he entered into an agreement with one Jayanti Lal for purchase of 'L8 dhoors land out of 2 kathas, 5 dhoors situate at Mithapur, Patna. As already said the genuineness of the said agreement, contained in Annexure-A to the counter filed by the Respondent No. 3, is highly disputed. On strength of the alleged agreement, on 30-4-1999 vide Annexure-B, the Respondent No. 3 issued a notic...
Tag this Judgment!R. Usha Vs. State of Bihar and ors.
Court: Patna
Decided on: Mar-19-2002
1. Habitat planning in Bihar has gone haywire. The concept of Town Planning has vanished. The Regional Development Authorities, whose primary job is to plan cities worth living in, have taken a ringside seat. Constructions go on unabated on a phenomenon known as 'assumed deemed permission'. There is a fine-tuned arrangement to present a building plan, and it does not matter whether it conforms to the law or not, submit it, then wait for a prescribed period to pass and thereafter assume that the plan has been passed. The construction goes on merrily meanwhile. By the time the -construction has been completed, urban planning regulations are laughed upon, as if they were made for fools. The deemed permission clause was meant to be an exception to remedy bureaucratic red-tape it has become the normal style. These were aspects which were debated at the Bar of the Court in this matter. 2. A proposition was put before the Court that the Court may send a team anywhere in Patna to find out wh...
Tag this Judgment!Sanjeev Kumar Yadav Vs. State of Bihar and ors.
Court: Patna
Decided on: Mar-18-2002
Aftab Alam, J.1. The father of the petitioner, namely Ram Bilas Yadav, worked as an Assistant Teacher in a Government girls primary school. He died on 6.2.1997 while still in service. Following his death, the petitioner made an application for appointment on compassionate ground. The petitioner's request for appointment was considered by the District Compassionate Committee, Sitamarhi in its meeting held on 8-9-1997 and having regard to the fact that the petitioner had two wives, it was decided to seek guidance in the matter from the department of Administrative and Personnel Reforms. The Dy. Secretary, in the Department by his letter No. 7382, dated 10.7.1998 gave the direction that the petitioner's appointment would not be valid because of his two marriages. A copy of the letter was forwarded to the District Superintendent of Education (through whom the petitioner's application was received) for necessary action. At that stage, the mother of the petitioner, the widow> of the decease...
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