Patna Court April 2002 Judgments
Bihar Pradesh Congress Committee Vs. Bihar Vidyapith, Sadaquat Ashram
Court: Patna
Decided on: Apr-23-2002
S.N. Pathak, J.1. This appeal is directed against the judgment dated 19th June, 1986 and decree dated 10th July, 1986, passed by the 6th Additional District Judge, Patna, in Title Appeal No. 144 of 1984, reversing the judgment dated 9th August 1984, passed by the Additional Sub-ordinate Judge-III, Patna, in Title Suit No. 60/ 161 of 1966/82.2. The defendant of the suit is the appellant before this Court.3. The plaintiff-respondent, known as 'Bihar Vidyapith' had come to the trial Court with the case that Plot No. 591 (wrongly described as Plot No. 581 in the sale-deed dated 8th April, 21 Ext-1/F) and Plot No. 596 belonged to it and so it has sought declaration and title over the aforesaid two plots and confirmation of possession over the same and, in the alternative, for recovery of possession. The defendant-appellant known as 'Bihar Pradesh Congress Committee (in short, 'BPCC') had contested the plaintiff-respondent's case on the grounds that these two plots were acquired by eminent ...
Tag this Judgment!Santu Singh and ors. and Sri Chhote Prasad Karn and ors. Vs. State of ...
Court: Patna
Decided on: Apr-22-2002
Aftab Alam, J.1. These two writ petitions arise from the same set of facts and circumstances and the petitioners in these two cases seek similar reliefs. These two cases were, therefore, heard together and are being disposed of by this common order.2. The petitioners in these two cases (116 in number in CWJC No. 1503 of 2000 and 81 in CWJC No. 14394 of 2001) are the employees of Fatuha-Phulwari Sharif Gramin Vidyut Sahkari Samiti Limit ('the Samiti', hereinafter) which is currently under liquidation. They seek from this Court directions (i) for their absorption in the service of the Bihar State Electricity Board ('the Board', hereinafter and (ii) for payment of their arrear salary from June, 1996 by the Board.3. Under a scheme of the Department of Co-operation in the Government of Bihar, the Samiti was set up with the object of supplying electricity to the rural areas around the State capital on co-operative basis. The Samiti was registered under the Bihar Co-operative Societies Act, ...
Tag this Judgment!Maya Shankar Prasad and ors. Vs. State of Bihar
Court: Patna
Decided on: Apr-19-2002
Manohar Lal Visa, J.1. All these four appeals arise out of same judgment so they have been heard together and are being disposed of by this common order.2. All the five appellants have been convicted and sentenced to undergo imprisonment for life under Section 302 read with Section 34 of Indian Penal Code (in short 'IPC') and to undergo rigorous imprisonment for two years under Section 201, IPC. Both the sentences have been ordered to run concurrently.3. The case of the prosecution, as disclosed in the written report (Exhibit-4) of informant Dinesh Jha (P.W. 8) addressed to Officer-in-Charge, Mithanpura police station within the district of Muzaffarpur, is that informant had litigation with one Raj Kishore Singh in respect of a residential house in which he, with his family members, was living since 1972. Efforts for evicting him from the house were made and in those efforts, occurrences of assault, snatching, etc. were got committed in his house and some antisocial elements by Raj Ki...
Tag this Judgment!Pramod Narayan Achal Vs. Bihar State Electricity Board and ors.
Court: Patna
Decided on: Apr-19-2002
R.N. Prasad, J.1. The petitioner at the relevant time was posted as Electrical Superintending Engineer, Tansmission and Operation (O & M) at Board's Headquarters, Patna. He was served a resolution, Annexure 7, to show cause within a forthight from the date of issue of resolution as to why proposed punishment be not inflicted upon him. He filed his show cause, Annexure 8. On consideration of his show cause, the authority found the petitioner guilty of the charges levelled against him and awarded two punishments i.e. (i) Warning with an entry in his ACR of 1997-98 (ii) Stopping three annual increments with cumulative effect vide order contained in letter dated 13.1.2000, Annexure 10. The petitioner has challenged the order, Annexure 10, in the writ petition.2. Learned Counsel for the petitioner contended that inflicting punishment of stoppage of three increments with cumulative effect without holding regular departmental inquiry is bad in law, whereas learned Counsel for the respondents...
Tag this Judgment!Krishna Gope Vs. State of Bihar
Court: Patna
Decided on: Apr-19-2002
B.K. Jha, J.1. This appeal is directed against the order of conviction and sentence passed by the learned Additional Sessions Judge-II, Nalanda at Biharsharif under Section 302 of the Indian Penal Code.2. The sole appellant Krishna Gope has been convicted and sentenced to undergo imprisonment for life with a fine of Rs. 2,000 for the offence under Section 302 of the Indian Penal Code. In case of default of payment of fine, he has further been directed to undergo imprisonment for one year.3. The prosecution case is unfolded in the fardbayan (Ext. No. 4) of the deceased informant Sarjug Gope alias Rukha Gope. On 25.6.1984 at about 2 p.m. when the accused Arbind Gope was getting the miller (jhallar) Crops grazed by his cow in the field of the informant Sarjug Gope alias Rukha Gope there was altercation between the informant and the accused Karoo Gope. Seeing the altercation in between them, the appellant Krishna Gope brought a country-made rifle from his house. Thereupon, the accused Arb...
Tag this Judgment!Faujdari Mistry and ors. Vs. State of Bihar
Court: Patna
Decided on: Apr-19-2002
Indu Prabha Singh, J.1. This appeal is directed against the judgment and order dated 17-4-1990 passed by Shri Harideo Prasad, 1st Additional Sessions Judge, Hilsa (Nalanda) in S.T. No. 242/89 by which the learned Court had convicted all the four appellants under Section 25(1)(A) of the Arms Act, 1959 and sentenced them to undergo rigorous imprisonment for 5 years each. The appellants were further convicted under Section 25(1)(AA) of the Arms Act and sentenced them to undergo rigorous imprisonment for 10 years each. Further the appellants have been convicted under Section 26 of this Act and have been sentenced to undergo rigorous imprisonment for one year each. The sentences have been ordered to run concurrently.2. It appears that on 18-2-1989 Shri Ajit Kumar, the Officer Incharge of Khodaganj Police Station in the District of Nalanda had searched the residential premises of the appellants situated at Village Imadpur in connection with Khudaganj P. S. Case No. 6/89 under Section 395 of...
Tag this Judgment!Braj Kishore Singh and ors. Vs. Bihar Intermediate Education Council a ...
Court: Patna
Decided on: Apr-19-2002
R.N. Prasad, J.1. In all the three writ petitions, similar question of law and facts are involved. They have been heard together and are being disposed of by this common order.2. All the three writ petitions have been filed for issue of a writ in the nature of mandamus commanding the respondents to issue admit cards and allow the students of petitioners college to appear in the ensuing examination conducted by the Bihar Intermediate Education Council, hereinafter referred to as the Council for brevity.3. The relevant facts of the case are that petitioners are Principals/Professor incharge. According to the petitioners, they deposited enlistment fee and also examination fee and form but the respondent-council is not issuing admit cards to their students to appear in the ensuing examination. Since the council was not issuing admit and they have moved this Court for issue of direction as indicated above.4. A counter-affidavit has been filed on behalf of the Council in all the three writ ...
Tag this Judgment!Sita Ram Prasad Srivastava Vs. State of Bihar and ors.
Court: Patna
Decided on: Apr-18-2002
R.N. Prasad, J.1. The petitioner was an Asst. Engineer in the Road Construction Department. He retired with effect from 30.6.1994. While he was in service he was knocking the door of the authority concerned for promotion but it was in vain. After retirement, the petitioner was granted promotion to the post of Executive Engineer vide notification dated 18.6.1996 with effect from 10.6.1988, Annexure-7. However, it has been stated in the notification that he will not be entitled to the monetary benefit of promotion. The petitioner has thus filed the writ petition for quashing part of Annexure-7 whereby monetary benefit has been denied.2. A counter-affidavit has been filed on behalf of the respondents wherein stand has been taken that since he did not join, he is not entitled to monetary benefit of promotional post.3. Earned Counsel for the petitioner pointed out that petitioner was eligible for promotion but the respondents did not promote him while he was in service. However, after reti...
Tag this Judgment!Binod Yadav and anr. Vs. State of Bihar
Court: Patna
Decided on: Apr-18-2002
M.L. Visa, J.1. This appeal by appellants has been filed against the judgment and order dated 27.3.1996 passed by IIrd Additional Sessions Judge, Khagaria in Sessions Case No. 221 of 1994 convicting and sentencing both the appellants to undergo rigorous imprisonment for life under Sections 302/34 of Indian Penal Code (in short 'IPC') and to undergo rigorous imprisonment for five years each under Section 27, Arms Act. Both the sentences have, however, been ordered to run concurrently.2. The case of the prosecution, as stated in the First Information Report, in short, is that on the night of 1.4.1994, informant Guneshwar Sada (P.W. 7), after taking his meal, was sleeping in his house. His son Bajrangi Sada was also sleeping with his wife in a house which he had constructed three years ago on the land of one Brijmohan Prasad. The informant heard sound of firing and also alarm raised by his daughter-in-law and, thereafter, when he went running to the house of his son, he saw both the appe...
Tag this Judgment!Ram Udit Choudhary @ Nunu Babu Choudhary Vs. State of Bihar
Court: Patna
Decided on: Apr-17-2002
Someshwar Nath Pathak, J.1. The aforesaid Criminal Appeal and Criminal Revision have been heard analogous, as both of them have been preferred against the common judgment dated 23rd September, 1999 passed by the 4th Additional Sessions Judge, Bhagalpur, in Sessions Trial No. 411 of 1994. Appellant Ram Udit Choudhary was convicted for the offence under Section 304 (Part II) I.P.C. and was sentenced to undergo R.I. for 5 years.2. First, I shall take up the aforesaid appeal. Sessions Trial No. 41 of 1994 originated on the fardbeyan of P.W. 1 (Ext-1) on the allegations contained therein that on 5.12.1992 at about 8.00 p.m., the informant's brother Smriti Narayan Choudhary (the deceased) was sitting at his Darwaja on a cot and his licensed rifle was kept by his side. The informant herself was cooking food inside the house. On hearing alarm, she came out of the house and saw that her brother was being assaulted. At the Darwaja, there was one Bal Krishna Choudhary (P.W. 3), Indu Devi (P.W. 2...
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