Patna Court April 2002 Judgments

Upendra Yadav Vs. State of Bihar and ors.

Court: Patna

Braj Nandan Prasad Singh, J.1. Since no inquiry was initiated by the Court below in Complaint Case No. 134 C/2000, notwithstanding submission of report under Section 173 of the Code of Criminal Procedure (Cr.P.C.), in a police case registered with identical allegation, the aggrieved complainant made this a debatable issue before the Court below and filed a petition on 15-9-2000 to proceed with the complaint case to hold inquiry and to put the accused on trial.2. The facts of the case may be narrated with brevity as the same has been spelt out in details in the order which is impugned before this Court. The petition of complaint bearing Complaint Case No. 134 C of 2000 was filed by the complainant Upendra Yadav on 17th May, 2000 against, five named persons and also some unknown persons for an incident that allegedly took place on the 12th May, 2000, in which not less than 10 persons suffered casualties, white 4-5 persons suffered injuries on their persons. As usual, the learned Additio...

Om Prakash Prasad @ Om Prakash Singh Vs. State of Bihar and ors.

Court: Patna

Aftab Alam, J.1. Heard the Mr. R.K. Srivastava, learned Counsel appearing in support of this writ petition and Mr. Mihir Kumar Jha, Standing Counsel for the Board.2. The petitioner is before this Court for the second time, seeking a direction to the Board and its officials to give him employment on compassionate grounds. According to the petitioner he is the adopted son of one Ram Chandra Prasad who died on 29.7.1996 while in the service of the Board. The petitioners claim for appointment on compassionate grounds has been rejected on the ground that under the Board's Standing Order No. 756 dated 18.2.1994, an adopted child of the deceased employee is excluded from the scheme of compassionate appointments. The Board's decision was communicated to the petitioner by Letter No. 156, dated 31.1.2001 (Annexure 2) issued by the Electrical Executive Engineer and Letter No. 76, dated 10.2.2001 (Annexure 3) issued by the Joint Secretary to the Board. The contents of the two letters are substant...

Shyam Chandra Chaudhary Vs. State of Bihar and ors.

Court: Patna

1. The maintainability matter has been put up for consideration. Heard counsel for the petitioner and Standing Counsel No. 8 for the State.2. This writ petition has been filed seeking direction upon the respondent-authorities to release the petitioner from Bhagalpur Central Jail where he has been lodged on his conviction under Section 302 of the Penal Code, on the ground that he has suffered imprisonment for 14 years.3. The office has objected to the maintainability of the case on the ground of lack of territorial jurisdiction. The petitioner has been convicted by a Sessions Court at Dumka. The territory comprising district Dumka being part of the Jharkhand State, under the territorial jurisdiction of the Jharkhand High Court, the question is whether Patna High Court can entertain the writ petition and issue mandamus as prayed for.4. The only argument of the counsel for the petitioner in support of the maintainability of the case is that the petitioner is lodged in Bhagalpur Central Ja...

Shakti Steel Pipes and anr. Vs. State of Bihar and ors.

Court: Patna

1. The petitioner-company has filed the present writ application challenging the orders dated April 16, 2002 and April 17, 2002 passed by the Assistant Commissioner of Commercial Taxes, Hajipur Anchal, Hajipur, contained in annexures 5 and 5A to the writ application stopping the issuance of form XXVIIIB under the provisions of the Bihar Sales Tax Act read with the Bihar Sales Tax Rules.2. The petitioner-company is engaged in manufacturing galvanised iron pipes by galvanising black pipes and sells the same with sockets and without sockets. By the impugned orders, the authorities have stopped the issuance of form XXVIIIB of the Act on the ground that the petitioner-company has not paid four per cent sales tax on the socket which he purchases from outside and thereafter fitted with the G.I. pipes sold in the market.3. Learned counsel appearing for the petitioner submitted that only provision under which issuance of form XXVIIIB can be stopped is under Rule 45 of the Rules. The relevant p...

Nathuni Mahto @ Nathuni Pasi Vs. State of Bihar

Court: Patna

Manohar Lal Visa, J.1. This appeal is directed against the judgment and order dated 24.6.1987 passed by First Additional Sessions Judge, Motihari in Sessions Trial No. 245/58 of 1982 convicting and sentencing the sole appellant to undergo rigorous imprisonment for life under Section 302, Indian Penal Code.2. Briefly stated, the case of prosecution is that informant Ainul Haque (P.W. 2) with his family members was living in Assam but three months prior to 15.5.1980, which is the date of occurrence, he returned to his native village-Mazurahan, police station--Turkaulia, District--East Champaran and on 15.5.1980 at about 10 a.m., he alongwith his brother Chand Mohammad (since deceased) and father Wahid Mian (not examined) was constructing a hut on a Gair Mazarua land situate adjacent south to the house of one Ganesh Mallah when appellant Nathuni Mahto alongwith co-accused Bhikhari Dewan came there and after abusing the informant retained back. On the same day in the night at about 1 O'cl...

Om Prakash Tiwari and ors. Vs. the Election Commission

Court: Patna

R.S. Garg, J.1. This order shall dispose of the present writ Application and C.W.J.C. No. 4843/2002 Raj Kumars v. State Election Commission, C.W.J.C. No. 5031/2002 Nilam Devi v. State Election Commission, C.W.J.C. No. 4050/2002 Bibha Kumari v. State Election Commission, C.W.J.C. No. 4289/2002 Baljeet Singh v. State Election Commission, C.W.J.C. No. 4414/2002 Indrani Gope v. State Election Commission, C.W.J.C. No. 4528/2002 Smt. Rupa Devi v. State of Bihar, C.W.J.C. No. 4934/2002 Shivbrat Mahto and Anr. v. State of Bihar and Ors. C.W.J.C. No. 5216/2002, Indu Devi v. State of Bihar and Ors. C.W.J.C. No. 5238/2002 Surendra Prasad v. State of Bihar and Ors. C.W.J.C. No. 3686/2002 Sharda Singh v. The State Election Commissioner, Patna and Ors. C.W.J.C. No. 3896/2002 Prem Nath Mishra v. State Election Commission, Patna and Ors. C.W.J.C. No. 3925/2002 Shailendra Kumar v. State of Bihar and Ors. C.W.J.C. No. 4022/2002 Dasrath Prasad Yadav v State of Bihar and Ors. C.W.J.C. No. 4310/2002 Smt S...

Krishna Prasad Mandal Vs. Sabita Devi

Court: Patna

Nagendra Rai, J.1. This revision application is directed against the order dated 31.1.2001 passed in Matrimonial Case No. 35 of 1996 by Addl. District Judge 1st, Bhagalpur by which he has allowed the petition filed by the opposite party/wife under Section 18 of the Hindu Adoption and Maintenance Act, 1956 read with Sections 24 and 25 of the Hindu Marriage Act (hereinafter referred to as the Act) and ordered for payment of interim maintenance at the rate of Rs. 1,000/- per month to her.2. The facts necessary for disposal of the present application are that the opposite party was married with the petitioner. It appears that the relationship between the parties became strained. An application under Section 125 of the Code of Criminal Procedure was filed by the opposite party/wife for maintenance, but later on the same was withdrawn. Thereafter an application under Section 18 of the Hindu Adoption and Maintenance Act, 1956 read with Sections 24 and 25 of the Act was filed before District ...

Uday Shankar Prasad and ors. Vs. State of Bihar and ors.

Court: Patna

Ravi S. Dhavan, C.J.1. This writ petition is by 19 petitioners. Some are individuals, the others Co-operative Societies. The petition challenges certain amendments which have been made to the Bihar Sugarcane (Regulation of Supply and Purchase) Act, 1981 by the Bihar Sugarcane (Regulation of Supply and Purchase) (Amendment) Act, 1993, Bihar Act No. 11 of 1994.2. The thrust of the complaint in the petition is on deleting the expression 'Cooperative Societies' from certain Sections of the Act and consequently taking away the rights and privileges of the Co-operative Societies in respect of regulation of supply and purchase of sugar cane. This submission is made in paragraph 1 of the writ petition itself. The reference to amendments which have been incorporated is in Sections 2(g), 29, 31, 32, 33, 35, 39, 40, 41, 42, 43, 44, 46, 48, 50 and 60 of the Act. In paragraph 2 of the writ petition, it is stated in no uncertain terms that there is no reason or necessity for the amendments made de...

Kalyanpur Cements Ltd. Vs. the State of Bihar and ors.

Court: Patna

1. The petitioner, M/s. Kalyanpur Cement Limited, a Public Sector Company is engaged in business of cement manufacturing and marketing operations since 1946 and has expanded its capacity from time to time and at present, as alleged, the Company is operating one million tone cement plant. The said plant was commissioned in March, 1992 and according to the petitioner the plant is of the most modern and advanced technology. According to the petitioner for the factors beyond their control and reach, the Company on account of general recession in the cement industry suffered heavy losses for past few years which resulted in erosion of net worth/capital of the Company.2. The Company faced with such a grim situation approached the Financial Institutions in May, 1997 for financial assistance and restructuring because in absence of the same the survival of the Company was almost impossible. The Company's proposals for financial assistance and restructuring were duly approved by (1) IFCI, (2) I...

Shambhu Sharma Vs. State of Bihar and anr.

Court: Patna

Reported in: AIR2009Patna161

M.L. Visa, J.1. This application by petitioner has been filed for cancellation of regular bail granted to opposite party No. 2 Kishore Singh by Sessions Judge, Gopalganj by his order dated 22-10-2001 passed in Bail Petition No. 611 of 2001/42 of 2001 arising out of Uchkagaon Police Station Case No. 86 of 2001 under Sections 147, 148, 149, 323, 324, 307 and 302, Indian Penal Code.2. The case of the petitioner in short is that on 10-8-2001 at about 7 p.m., opposite party No. 2 along with others named in first information report {Annexure-1), forming an unlawful assembly and variously armed with lathi, bhala. katta (countrymade pistol), knife, came to the house of petitioner and started indiscriminately assaulting him and his family members. Opposite party No. 2 inflicted knife injury on the neck of father of informant as a result of which he died at the spot and he also inflicted knife injury on the back of informant. Other co-accused persons assaulted mother, wife, cousin, wife of cous...