Patna Court August 2002 Judgments
Mahadeo Prasad Yadav Vs. Board of Control for Cricket in India and ors ...
Court: Patna
Decided on: Aug-06-2002
Ravi S. Dhavan, C.J. 1. This petition is about cricket. Counsel or not counsel the Court has heard arguments simultaneously from three Advocates on both sides and all have bowled in the same over and each seems to be throwing a body-line. All counsel, and the parties they represent, would like to run away with the 'ashes'. And yet they are putting the two Judges, of this division, to umpire outside the field as a third eye. Apparently, between the other umpires, big names in the Cricket Control Board of India, the argument ran like no-balls and wide-balls. Before the Court it is a heard I win, tail you loose situation. Sabre rattling counsel fling at each other without ball and bat but their verbal volleys seem like fours and sixes, except there are no boundaries in this Court. The argument match is very unconventional and the style of pleading was not confined within the boundaries of traditional submissions. It is more a frenzy amongst on lookers at the stadium stands.2. The two cou...
Tag this Judgment!Sant Bilash Singh and ors. Vs. the State of Bihar and anr.
Court: Patna
Decided on: Aug-06-2002
R.S. Garg, J.1. Heard learned Counsel for the parties.2. This order shall dispose of Cr. Misc. No. 24542/2001 (Sant Bilash Singh and Ors. v. The State of Bihar and Anr.,) Cr. Misc. No. 25173/2001 (Rama Ashray Mauar@ Tuntun Mauar v. The State of Bihar,) and Cr. Misc. No. 28134/2001 (Rama Kant Sao and Ors. v. The State of Bihar and Anr).3. Learned Counsel for the applicant submitted that in accordance with Rule 7 the investigation was to be made by an officer not below the rank of Dy. S.P. and as the investigation was made by an officer not authorised by the State Government under Section 9 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short the Act), the investigation is ab-initio-void and the charge-sheet could not be submitted. It is contended that if no investigation could be made or the charge-sheet could not be submitted by he concerned police officer, the Court below could not take cognizance in the subject. Though the Counsel for the appl...
Tag this Judgment!Ramji Pandey @ Ramakant Pandey @ Ramashray Pandey and ors. Vs. State o ...
Court: Patna
Decided on: Aug-06-2002
R.S. Garg, J.1. Heard learned Counsels for the parties.2. On a report by the complainant, Sunaina Devi the police made investigation and thereafter submitted charge-sheet against Ramji Pandey and Dharmendra Kumar Pandey, applicant Nos. 1 and 2, and gave a clean chit to the applicant Nos. 3 and 4, namely, Malti Devi and Sulekha Devi. The complainant submitted a protest petition and made a request to the Court that before accepting the final report in relation to Malti Devi and Sulekha Devi, the complainant be heard. It appears that the protest petition submitted on 6.12.2000 was not kept with the records by the concerned Clerk of the Court and the case was heard on 13.12.2000 instead of 15.12.2000 which was given as a date of hearing to the complainant, the learned Trial Court accepted the final report against Malti Devi and Sulekha Devi and took cognizance against the applicants Ramji Pandey and Dharmendra Kumar Pandey for offence punishable under Section 306 of the Indian Penal Code....
Tag this Judgment!Babu Lal Kahar and anr. Vs. the State of Bihar
Court: Patna
Decided on: Aug-05-2002
Manohar Lal Visa, J.1. Being aggrieved by judgment and order dated 25.11.1987 by IIIrd Additional Sessions Judge, Nawada in Sessions Trial No. 33 of 1987/428 of 1984 convicting and sentencing all the three appellants to undergo rigorous imprisonment for life under Sections 302/34, Indian Penal Code, the appellants have come before this Court in this appeal.2. The case of prosecution, in short, is that informant Ramchandra Puri (P.W. 6) used to work in the farm of one Balbhadra Prasad Singh and local persons, in order to grab his land, were agitating against him and had stooped local labourers from working in this farm and they had also asked the informant not to work there but the informant did not listen to them and for this reason, two months prior to 13.12.1979, Krishna Lai, Babulal Rajwar, Dharik Yadav and 40 to 50 others, after catching hold of informant, took him to another village, namely, Sikaria and gave him threatening to assault but they released him on the news of arrival ...
Tag this Judgment!Madhusudan Pathak Vs. the Union of India (Uoi) and ors.
Court: Patna
Decided on: Aug-05-2002
Ravi S. Dhavan, C.J. and R.N. Prasad, JJ. 1. Madhusudan Pathak had been selected for the post of Telecommunication Service by an examination held by the Union Public Service Commission in 1974 and was appointed as an Asst. Executive Engineer (Group A Service) in the civil wing on 16.2.1976 in the department of posts and Telecommunication, Ministry of Communication, as it then was, Government of India, New Delhi. Later on, on 7.7.1979 he was promoted to the position of an Executive Engineer on ad hoc basis and this promotion was regularized through the departmental promotion committee with effect from 5.12.1981. The episode as a consequence of which the petitioner was compulsorily retired from the services of Government of India relates to his posting at Bombay where he was transferred as an Executive Engineer in the office of Superintending Engineer, Postal, Bombay. The petitioner had joined the Bombay office on 26th October, 1990.2. On 12.4.1991 while the petitioner was proceeding fr...
Tag this Judgment!Ahir Nat and ors. Vs. State of Bihar
Court: Patna
Decided on: Aug-05-2002
B.K. Jha, J.1. Both the appeals relate to the same occurrence and arise out of common judgment of conviction and sentence passed by 1st Additional Sessions Judge Arrah on 16.10.1996 in Sessions Trial No. 21 oM995 under Sections 302/396/149/148/147/323, IPC and Section 27 of the Arms Act. Hence, both the appeals were heard together and are being disposed of by this common judgment.2. The appellant, Ahir Nat has been convicted and sentenced to rigorous imprisonment for life with a fine of Rs. 1,000/- for the offences under Sections 302 and 396, IPC. In case of default in payment of fine he has further been sentenced to simple imprisonment for three months. He has again been convicted and sentenced to rigorous imprisonment for one year for each of the offence under Section 148, IPC and 27 of the Arms Act.The appellants, Amar Nat and Ram Prasad Nat, have been convicted and sentenced to rigorous imprisonment for life with a fine of Rs. 1,000/- each for the offences under Sections 396 and 3...
Tag this Judgment!Upendra Singh Vs. State of Bihar and anr.
Court: Patna
Decided on: Aug-02-2002
B.P.N. Singh, J.1. After Sudama Devi (opposite party No. 2) was wedded to Upendra Singh (the petitioner) in the year 1984, her happiness was quite short lived, as though she was blessed with a child during their wedlock, the husband contracted another marriage with a lady, namely, Parmila Devi. The aggrieved wife sought prosecution of her husband and instituted a complaint case before the Chief Judicial Magistrate, Vaishali at Hajipur for sexual aberration of her husband and consequently for bigamy. At trial, she examined four witnesses, while defence too examined two witnesses. The defence of the petitioner at trial , was that since there was no second marriage, he could not be prosecuted for bigamy.2. The explicit defence of the petitioner at trial was that said Parmila Devi who was said to be the second wife during subsistence of first marriage, was in fact married to his younger brother, Sunil Kumar Singh. The Trial Court, however, rejecting plea of innocence of the petitioner, co...
Tag this Judgment!Smt. Uma Devi Vs. the Divisional Manager, the Oriental Insurance Co.
Court: Patna
Decided on: Aug-02-2002
Radha Mohan Prasad, J.1. With consent of the parties, this appeal has been heard for final disposal at this stage.2. The appeal is directed against the judgment and award passed in Motor Vehicle Accident Claim Case No. 20 of 1994 by the District Judge, Katihar, whereby a total compensation amount of Rs. 72,000/- besides interest at the rate of 12% per annum from the date of filing the claim petition has been awarded in favour of the claimant. The claimant Uma Devi filed claim case on account of death of her son in an accident while travelling in Bus bearing No. BRK 2695 coming from Purnea to Katihar. According to the case of the claimant, the deceased was tailormaster and his earning was Rs. 1500/- per month. She also claimed that deceased was a student accordingly, the claimed compensation of Rs. six lacs.3. The tribunal on consideration of the evidence came to the conclusion that the deceased was neither a student nor a tailoring master. However, the Tribunal on assumption held that...
Tag this Judgment!The Union of India (Uoi) and ors. Vs. Mannu Choudhary
Court: Patna
Decided on: Aug-01-2002
1. Offshoot of the proceeding has been up to the Supreme Court. The phenomenon noticed by the Supreme Court is very serious not unknown in administration that some times employees whether State Government or the Govemment of India take law into their hands and occupy Government accommodation and then make an issue out of it by intimidating the administration. This matter is about unauthorised occupation of accommodation by an employees of the railway administration. Such occupation generate local politics and misplaced trade unionism which affects discipline within the administration. This is one such case.2. The respondent admittedly occupied the railway accommodation unauthorisedly. Thereafter, he sought regularisation occupying the accommodation first and seeking an allotment subsequently. The question was whether respondent had occupied the accommodation unauthorisedly and consequently tapped electricity from an official bungalow unauthorisedly also become an issue. If the answer ...
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