Patna Court July 2002 Judgments
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Yadunandan Mandal and ors. Vs. State of Bihar
Court: Patna
Decided on: Jul-04-2002
B.N.P. Singh, J.1. Though the appellants along with Shyamdeo Jha were put on trial in Sessions Trial No. 311 of 1983, while the latter was given benefit of doubt, the appellants alone suffered conviction under Section 364/34 of the Indian Penal Code (IPC) and were sentenced to rigorous imprisonment for life.2. The factual matrix- while Gauri Kant Jha and Aditya Nath Jha, both deceased, were at the door of the house of Narendra Kumar Jha, it was alleged that Diwakar Mandal came and persuaded them to accompany him to Jamalpur, and as Gauri Kant Jha and Aditya Nath Jha had to go to Jamalpur, they left village on a bicycle in the company of Diwakar Mandal at about 1.45 p.m. shortly thereafter, Bhola Kant Jha informed Narendra Kumar Jha that he had witnessed Diwakar Mandal, Yadunandan Mandal and Ganeshi Mandal forcibly taking Gauri Kant Jha and Aditya Nath Jha with them along with two unidentified persons, all of whom had gun and arms belt with them. Similar informations were given to Nare...
Ram Prit Yadav and ors. Vs. State of Bihar
Court: Patna
Decided on: Jul-04-2002
1. This appeal is directed against the judgment and order dated 25.1.1997 and 29.1.1997 respectively passed by the 4th Additional Sessions Judge, West Champaran, Bettiah, in Sessions Trial No. 317/96 convicting and sentencing the appellants to undergo imprisonment for life under Section 304-B of the Indian Penal Code (in short IPC) and to undergo R.I. for three years under Section 201, IPC. Both the sentences have been ordered to run concurrently.2. The case of prosecution as stated in the fardbeyan of informant Mangal Yadav (PW 2) is that his sister Parbati Devi was married to appellant Ram Prit Yadav 5 1/ 2 years ago and her 'Gauna' had taken place about 2 1/2 years ago and thereafter, all the appellants started making demand of a buffalo as dowry and on non-fulfillment of their demand they started assaulting Parbati Devi and stopped providing her food. Parbati Devi always used to complain to informant about the torture at the hands of appellants. Thereafter once informant came to k...
National Insurance Co. Ltd. Vs. Rambali Devi and ors.
Court: Patna
Decided on: Jul-02-2002
Ravi S. Dhavan, C.J.1. This appeal has been filed by the Insurance Company, that is, the National Insurance Company Limited. The letters patent appeal is arising out of a Miscellaneous Appeal No. 582 of 1998, M/s. National Insurance Co. Ltd. v. Rambali Devi and Ors. The miscellaneous appeal had been filed after the 1st Additional District Judge-cum-Motor Vehicles Tribunal, Muzaffarpur in Claims, Case No. 8 of 1995/4 of 1996 awarded a sum of Rs. 1,61,540/- to the deceased's claimants, that is, his widow and children.2. In the appeal and in the present letters patent appeal arguments had been addressed very strenuously on behalf of the Insurance Company that the claimants were not entitled to any compensation at all and given an occasion even Rs. 1,61,540/- should not have been awarded by the Tribunal. This argument has been advanced on the proposition that the Insurance Company is entitled to address the Court on a no fault liability. Thus, it is suggested to the Court that the Insura...
Ram Kishore Singh @ Kale Singh Vs. the State of Bihar and ors.
Court: Patna
Decided on: Jul-02-2002
S.N. Jha, J.1. This writ petition has been filed for quashing an order of detention passed by the District Magistrate, Begusarai vide his memo No. 12419, dated 27.8.2001 under Section 12(2) of the Bihar Control of Crimes Act, 1981 (in short'the Act1), the order dated 7.9.2001 by which the State Government approved the said order in terms of Section 12(3) of the Act, and the order, dated 22.10.2001 by which the State Government confirmed the detention in terms of Section 21(1) read with Section 22 of the Act upto 26.8.2001.2. For disposal of this writ petition it is not necessary to set out the facts of the case except to mention that after the graunds of detention were served on or. about 29.8.2001, on 5.10.2001 the petitioner filed representation which was rejected on 19.10.2001. In between, the case of the petitioner was placed before the Advisory Board. On or about 9.10.2001 the Advisory Board was pleased to uphold the detention.3. Shri Pashupati Prasad Sinha, learned Counsel for t...
Raj Kumar Singh Vs. the State of Bihar and ors.
Court: Patna
Decided on: Jul-02-2002
Prasun Kumar Deb, J.1. There is a chequered history of the case. Once this writ petition was allowed by a Bench of this Court on 16.2.2000 by setting aside the order of punishment imposed on the petitioner on the ground that no proceeding had been initiated under Rule 43B of the Bihar Pension Rules after supeannuation of the petitioner and as such all subsequent actions are without jurisdiction. The State of Bihar went on appeal in L.P.A. No. 597 of 2000. A Division Bench of this Court vide order dated 5.9.2001 had set aside the order of the single Bench basing on the decision of the Full Bench as reported in 2000 (1) PLJR 665 Shambu Saran v. The State of Bihar and Ors. that if a proceeding has been started during the service period then the same can be continued under Rule 43B of the Bihar Pension Rules even after supeannuation without any formal order (sic) being passed. But before the L.P.A. Bench it was submitted that besides that ground of jurisdiction other grounds were also the...
Ram Govind Yadav and ors. Vs. State of Bihar
Court: Patna
Decided on: Jul-02-2002
B.N.P. Singh, J.1. The appellants suffered conviction under Section 307/34 of the Indian Penal Code, (IRC) and were sentenced to suffer rigorous imprisonment for a term of five years. Before hearing of the appeal commenced, it was brought to the notice of the Court that Appellant No. 1, namely, Ram Govind Yadav and Appellant. No. 4 Vakil Yadav, were dead and on these submissions, an inquiry report was sought from the Superintendent of Police, Buxar, and oh receipt of the report about the death of Appellant Nos. 1 and 4, the appeal abated as against them.2. The factual matrix. It is alleged that while Jagdish Singh (PW 4) was going to make some purchases in Dumraon market on occasion of celebration of marriage of his grand daughter, he was intercepted by the appellants, pursuant to which, on exhortation made by Ram Govind Yadav, (now dead), Bharat Yadav alias Tengari, dealt blows with farsa on his head which was followed by assault by Appellant Nos. 2 and 4 Appellant Ram Govind Yadav w...
Ram Pal Singh Vs. Union of India (Uoi) and ors.
Court: Patna
Decided on: Jul-01-2002
Aftab Alam, J.1. The petitioner was an employee of the Central Institute of Plastic Engineering & Technology (hereinafter to be referred as 'the Institute'). He was posted at Patna as Manager (Processing/Testing) when an order of his compulsory retirement from service was issued on May 16, 2000. This writ petition has been filed challenging the action of the Institute in compulsorily retiring the petitioner from service. However, the order of compulsory retirement was not enclosed with the writ petition and it was stated that it was not served upon the petitioner. A prayer was, therefore, made to direct the concerned authorities to produce the order of compulsory retirement for being quashed by this Court. The impugned order, dated 16.5.2001 is brought on record as Annexure A/1 to the counter-affidavit. According to the respondent authorities the order of compulsory retirement along with a cheque for Rs. 57,444 being the petitioner's salary for three months' notice period was repeated...
Manjubala Sinha Vs. State of Bihar and ors.
Court: Patna
Decided on: Jul-01-2002
Aftab Alam, J.1. This writ petition relates to the controversy regarding the acceptance of the petitioner's request for voluntary retirement by the respondents even though according to her case, she had withdrawn her request before her retirement was made effective by getting her relieved from her post.2. The petitioner held the post of Headmistress in Arya Kanya Uchch Vidyalaya, Khagaria. It is an undisputed position that Arya Kanya Uchch Vidayalaya (hereinafter referred to as 'the school') is a minority institution and this fact is admitted by the petitioner, the Government authorities (respondent No. 2 and 3) and the Managing Committee of the School respondent No. 4.3. In order to appreciate the petitioner's grievance and to see whether or not she is entitled to any relief by this Court, it would be necessary to take note certain material facts and circumstances. But for this one will have to advert also to the counter-affidavit filed by respondent No. 4 because I feel constrained ...
Kamlawati Devi Vs. State of Bihar and ors.
Court: Patna
Decided on: Jul-01-2002
Aftab Alam, J.1. Whether the death of the husband of the petitioner, while he was on election duty, can be said to be 'resulting solely and directly from accident caused by external violent and any other visible means'? If the answer to this question is found in the affirmative, the petitioner would be entitled to compensation for the death of her husband in terms of the memorandum of understanding executed by the Chief Electoral Officer, Bihar and the different insurance companies; otherwise, she would get nothing from the insurance companies.2. The petitioner is the widowed wife of one Parshuram Singh who was posted as Health Worker under In-charge Medical Officer, Primary Health Centre, Kuchai Kote in the district of Gopalganj. By an order (Annexure-3) issued by the District Election Officer, Gopalganj, Parshuram Singh was appointed as the second polling officer for booth No. 231 of 26 Baikunthpur Assembly Constituency for the general election held in the year, 2000 for the Bihar L...
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