Court : Patna
Nagendra Rai, J. 1. All the appeals, except LPA No. 183 of 2002 are barred by limitations. After having heard learned counsel for the parties and taking into consideration the averments made in the limitation petitions in the appeals, we are satisfied that sufficient grounds have been made out to condone the delay in filing these appeals. Accordingly, the delay in filing these appeals are condoned. The appellants filed the writ applications challenging the order dated February 22, 2001 passed by the Forest and Environment Department, Government of Bihar, annexed as Annexure-30 of the writ application No. 3608 of 2001 (hereinafter referred to as the writ application) by which services of 40 Forest Extension Supervisors (hereinafter referred to as the FES) and 91 Forest Extension Workers; (hereinafter referred to as the FEW) including the appellants were terminated. 2. The three writ applications, namely, C.W.J.C. No. 3608, 4176 and 7601 of 2001, were disposed of by a common order date...
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B.N.P. Singh, J.1. On being tried by 6th Additional Sessions Judge, Arrah in Session Trial No. 370 of 1986, while appellant Bachan Yadav suffered conviction under Section 324 of the Indian Penal bode and was sentenced to suffer rigorous imprisonment for a term of three years, appellants Akalu Yadav and Sheonath Yadav suffered conviction under Section 323 of the Indian Pelan Code and were sentenced to undergo rigorous imprisonment for a term of one year each.2. The factual matrix. It is alleged that on 20th April, 1985 at about 5.20 a.m., the appellants came to the door of Sheo Kumar Yadav (P.M. 2) holding lethal was pons and also wooden substance with them when Bachan Yadav dealt a fasuli blow on his head. It is alleged that simultaneously Akalu Yadav a as Lalan Yadav too dealt blows with bhalaon his skull. The allegation attributed to Sheonath Yadav was that after Sheo Kumar Yadav dropped to the ground on receipt of injury dealt by Akalu Yadav and Bachan Yadav, he dealt blows with wo...
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P.K. Sinha, J.1. The sole appellant has been convicted under Section 302 of the Indian Penal Code ('the Code', in short), sentenced to undergo imprisonment for life. The prosecution case as coming out of the Fardbayan (Ext.1) of one Ram Bilas Pasi, the father of the deceased, is that in the morning of 5.5.1985 in his toddy shop the appellant Baijnath Kurmi along with co-accused Doma Kurmi and another unknown had gone to take toddy, which shop was being run by his son, Sheo Dayal Chaudhary, and after taking toddy worth about Rs. 10/- the appellant promised him to pay the amount after easing himself but he did not come back which fact was intimated by the deceased Sheo Dayal Chaudhary to his father when he came back. On the same day at about 4 p.m. when the informant was returning with the deceased from market along with Jag Mohan Dusadh (P.W. 1) and Ram Kewal Yadav (P.W. 3) and reached near Jhanjhariya Pokhar where temple of Durga was situated, the appellant and Doma Kurmi were seen st...
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R.S. Garg, J.1. Heard learned Counsel for the parties.2. By this petition under Article 226 of the Constitution of India, petitioners seek to challenge correctness, validity and propriety of letter dated 8-1-2002 as contained in Annexure-2.3. The brief facts leading to the present controversy in nutshell are that certain properties were purchased by the erstwhile owners under Annexure-D for raising and constructing a Dharamshala (INN). It appears that a private trust was created for managing the said property and with the passage of time the different members in the family started putting their claims over the management and the property. It also appears that the charitable cause of the public trust in fact became a cause between the different branches as each of them was interested in the earnings and the value of the property. One of the co-own ers/trustees under his application dated 23-3-1998 submitted to the President, Religious Trust Board that under a particular document the pr...
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1. This Letters Patent Appeal has been filed against the order of 15 May, 2002 on C. W. J. C. No. 439 of 2001 : (reported in 2002 (3) Part LJ LR 393): Sumit Anand v. The State of Bihar and Ors.2. On behalf of the State of Bihar the Court heard learned A. A. G. 2 yesterday and today. Today, on behalf of the respondent Dr. Sadanand Jha, Senior Counsel assisted by Mr. Kripanand Jha have been also heard.3. The issue apparently has arisen after a certificate was given to Sumit Anand certifying that he belonged to the Scheduled Tribe carrying surname 'Gond'. If it were only a matter of petitioner Sumit Anand then perhaps the State would have had a case for being examined. Fortunately for the respondent Sumit Anand (petitioner in the writ petition) or unfortunately for the State of Bihar, at least for three generations the family of Sumit Anand has been certified as 'Gond'. If this were not sufficient then it is on record that the maternal uncle of the petitioner came to the High Court (C. ...
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Bal Krishna Jha, J.1. The sole appellant, Kirandeo Prasad, has appealed the judgment of the learned Sessions Judge, Nalanda at Bihar-sharif whereby he was convicted under Section 302 of the Indian Penal Code and sentenced to life imprisonment on 29.8.1987 in Sessions case No. 40 of 1979.2. According to the prosecution, in the evening of 25.3.1978 at about 6 p.m. the informant, Kapildeo Sinha, P.W. 6 alongwith his uncle Sukhu Mahton, Somar Mahton, P.W. 5 and father Ramji Prasad, P.W. 7 were sitting in the Dalan and were talking about the rent matter. In the meantime, the appellant, Kirandeo Prasad with gun, the accused Akhilesh Prasad with Saif and rest four accused persons, namely, Nandu Prasad, Mathura Prasad, Bhagwat Prasad and Umesh Prasad with lathi came there and started exchanging hot words with Sukhu Mahton. On protest the appellant, Kirandeo Prasad fired from his gun at Sukhu Mahton which hit in the right side of his chest and he fell down. The accused Akhilesh Prasad assaulte...
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Nagendra Rai and R.S. Garg, JJ.1. The petitioner being aggrieved by order dated May 14, 2002 passed C.W.J.C No. 6004/2002 dismissing the writ application has filed this appeal under Clause 10 of Letters Patent Appeal. From the records it appears that matter relating to regularisation of the daily wage employees working in the Board for long years was taken up by the Supreme Court in Civil Appeal No. 766 of 1988. The Appeal was finally disposed of on February 13, 1991 with the direction that the Board shall take 257 workers in its Workcharge Establishment who upto that date were working on daily wages. In relation to number of others, the Supreme Court refused to make any direction, as from the material available on record, the Supreme Court was satisfied that the Workcharge Establishment of the Board did not have scope to provide regular work for them. In accordance with the directions of the Supreme Court, the Board took certain workers in its Workcharge Establishment but as all the ...
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R.S. Garg, J.1. The petitioner is the resident of Fatehpur filed this writ petition challenging the correctness, validity and propriety of Annexure 1, a short term notice so issued by District Development Commissioner-cum-Chief Executive Officer, Zila Parishad, Gaya. According to the petitioner in Annexure 1 Zila Parishad wanted to settle Fatehpur Bus Stand for 2001-2002 but before settlement they did not obtain any permission or sanction/direction from concerned Regional Transport Authority in accordance with Rule 191 of Motor Vehicle Rules. The petitioner also says that the action of the authority is illegal and cannot be allowed to stand. The State Government in its counter has come out with a separate case that Regional Transport Authority has not passed any order under Rule 191. The respondent-Zila Parishad in their counter-affidavit submitted that the petitioner has no locus. The petitioner in fact, has personal grievance against Zila Parishad relating to some other contract mat...
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