Patna Court September 2002 Judgments
Shankar Singh and ors. Vs. the State of Bihar
Court: Patna
Decided on: Sep-13-2002
Manohar Lal Visa, J.1. The appellants, four in number, before us are aggrieved by the judgment and order dated 21.9.1987 rassed by the 14th Additional Sessions Judge, Munger, in Sessions Trial No. 6/85 convicting the appellant Shankar Singh under Section 302 of the Indian Penal Code (in short, IPC) but sentencing him to undergo imprisonment for life under Section 302 IPC as well as under Section 302/34 IPC and convicting and sentencing the remaining three appellants to undergo imprisonment for life each under Section 302 read with Section 34 IPC.2. The case of prosecution as stated in the Fardbeyan (Ext. 2) of informant Sudhir Pd Yadav (PW 1), in short, is that on 17.8.1984 at about 3 p.m. the informant along with his villagers namely, Damodar Pd Yadav (PW 1), Brahmadeo Yadav (PW-2) and Janardan Pd Yadav (PW-3) was easing out at 'Nauka Ahra'when he saw his villager deceased Ram Bilas Yadav was returning to his house in village Sanpo from village Sahora after cultivation along with two...
Tag this Judgment!Sri Gajraj JaIn and anr. Vs. State of Bihar and ors.
Court: Patna
Decided on: Sep-12-2002
1. This Letters Patent Appeal is against the order dated 16th August, 2002 on C.W.J.C. No. 6438 of 2002, Gajraj Jain and Anr. v. State of Bihar and Ors. 2. It would be best to produce the last submission in the case at the very out set. The last submission was that regard being had to the circumstances that the Debt Recovery Tribunal, Bihar, Patna has given a decision dated 22 July, 2002, a part of which was in favour of the petitioner appellants, the learned Judge should not have interfered with the matter and not decided the matter either. 3. The plain question is that the obligation to bring the order of the Tribunal before the Hon'ble Judge was upon the petitioner who invoked the writ jurisdiction of the High Court. When the petition was filed, a proceeding before the Debt Recovery Tribunal as Central Bank of India, Katihar Branch, Katihar v. M/s. Katihar Flour Mills (P) Ltd. and 16 Ors., O.A. No. 2 of 2001, was pending. The Hon'ble Judge has recorded more than once that there ...
Tag this Judgment!Kumar Films Pvt. Ltd. Vs. Commissioner of Income-tax and ors.
Court: Patna
Decided on: Sep-12-2002
1. Heard learned counsel for the parties.2. The petitioner has filed the present writ application challenging the order dated June 28, 2002 (annexure 1 to the writ application), by which appointment of an auditor to audit its books of account for the block assessment period from April 1, 1990 to June 6, 2000, has been made.3. The petitioner has challenged the appointment of the auditor on the ground of non-fulfilment of the requirements as contained under Section 142(2A) of the Income-tax Act, 1961 (hereinafter referred to as 'the Act'). Elaborating the submission, learned counsel for the petitioner submitted that the regular assessment proceeding has already been concluded by the assessing authority and some undisclosed income has also been included and the matter is pending before the appellate authority and in that view of the matter the appointment of the auditor is not permissible in law. He further submitted that even assuming that it is permissible under Section 158BC of the Ac...
Tag this Judgment!Rajendra Prasad Gupta and anr. Vs. State of Bihar
Court: Patna
Decided on: Sep-12-2002
S.N. Pathak, J.1. This revision is directed against the judgment dated 27.7.2001, passed by the 5th Additional Sessions Judge, Aurangabad, in Cr. Appeal No. 32 of 1999/74 of 2000, whereby the appellate Court upheld the order of conviction accorded by the .trial Court in its judgment dated 6.5.1999 in G.R. Case No. 564 of 1990/Tr.No.16 of 1999.2. it has been submitted by the revisionist lawyer that he was entrusted with the work of sinking 75 tube well at different sites. However, he failed to sink five tubewells at the designated site because of some disturbance from the extremist out fits and so, six pipes were kept in the premises of Anand Hotel, Aurangabad, on a rental of Rs. 10/- perday, to be paid to the Management of the Hotel. Thus, the custody of the pipes was entrusted to the Anand Hotel with oral permission of the Junior Engineer so according to the revisionist lawyer, there was no misappropriation of the pipes and accordingly no offence under Section 409 is made out.3. Howe...
Tag this Judgment!Haldhar Choudhary Vs. State of Bihar and ors.
Court: Patna
Decided on: Sep-12-2002
Narayan Roy, J.1. Heard Counsel for the parties and considered the counter-affidavit filed on behalf of the State.2. The grievance of the writ petitioner is that though the order of suspension has been revoked, he is not getting his salary for the period of suspension.3. It appears that the petitioner was taken into custody on accounts of a criminal charge, and, therefore, in exercise of power under Rule 99 of the Bihar Service Code (hereinafte, to be referred to as 'Code'), the petitioner was put under suspension vide order, as contained in Annexure-1. However, the order of suspension was revoked immediately after release of the petitioner on bail in the criminal case vide order, as contained in Annexure-2 and while releasing the petitioner from suspension a clause was added in the order, as contained in Annexure-2 that decision for payment of the salary for the period of suspension will betaken only after conclusion of the criminal trial.4. A counter-affidavit has been filed on beha...
Tag this Judgment!Smt. Kumari Kalpana Rani Vs. State of Bihar and ors.
Court: Patna
Decided on: Sep-12-2002
Narayan Roy, J.1. Heard learned Counsel appearing on behalf of the petitioner, learned Counsel appearing on behalf of the Bihar School Examination Board and also JC to SC I for the State.2. Despite orders dated 9.1.2001 and 19.4.2001 counter-affidavit has not been filed on behalf of the respondent State. However, a counter-affidavit has been filed on behalf of the Bihar School Examination Board, respondent No. 4.3. The writ petitioner is working as an untrained assistant teacher in a Middle School in the District of Nawadh in the State of Bihar and she has prayed for issuance of a direction to the State authorities to holdexarhination of the training course completed on 10.5.1999 for the petitioner as she has undergone training.4. It is submitted by learned Counsel appearing on behalf of the petitioner that the petitioner has already completed the course of training on 10.5.1999, but the examination of this training course is not being held for the reasons best known to the State of B...
Tag this Judgment!Sri Dinesh Kumar Vs. State of Bihar and ors.
Court: Patna
Decided on: Sep-12-2002
Narayan Roy, J.1. Heard learned Counsel appearing on behalf of the petitioner and learned Counsel for Respondent No. 3.2. By this writ application, the petitioner has prayed for issuance of direction upon the respondents to appoint him on compassionate ground, as his father died in harness on 23.9.1999.3. A counter-affidavit has been filed on behalf of respondent No. 3 stating therein that the second wife of the deceased had also applied for her appointment on compassionate ground and pursuant to the direction of this Court, issued in Civil Writ Jurisdiction Case No. 589 of 2001, as contained in Annexure-E to the counter-affidavit, she was appointed on Class IV post vide order, as contained in Annexure-G to the counter-affidavit.4. It is submitted by learned Counsel appearing on behalf of the petitioner that the petitioner is the son from the first wife of the deceased, and, therefore, he is entitled for appointment on compassionate ground.5. It appears that the petitioner and Usha De...
Tag this Judgment!Rama Kant Sharma and anr. Vs. Union of India (Uoi) Through Regio
Court: Patna
Decided on: Sep-12-2002
S.N. Pathak, J, 1. This revision is directed against the order dated June 16, 2001, passed by the Judicial Magistrate, 1st Class, Patna, in Case No. 567 (M) of 1990, whereby the petitioners' prayer for discharge from the case was rejected.2, It has been submitted by the revisionist lawyer that initially four accused persons were prosecuted and the petitioners before this Court who were Chairman and Director of the Company namely, Ether (India) Limited, Jashidih, were not liable for contributing to the company's share of the Employees' Provident Fund. Moreover they are the Chairman and the Director and they are also not personally concerned with the day to day working of the company so much so that they can be fastened with the liability to make the contribution of the employer's share to the Employees' Provident Fund. Moreover, the revisionist could not come under the definition of the occupier of the company. So they would not be liable for prosecution, hence they were entitled to d...
Tag this Judgment!Chandra Kala Devi and ors. Vs. State of Bihar
Court: Patna
Decided on: Sep-12-2002
Braj Nandan Prasad Singh, J.1. Though both the Courts below recorded finding of guilt under Section 498A of the Indian Penal Code (IPC) against the petitioners, sentence of two years awarded to them by the trial Court was, however, reduced to one and half year each by the appellate Court, which is impugned in this revision.2. Before I appreciate the contentions raised at Bar on behalf of the petitioners, I wish to narrate with brevity, salient feature of the prosecution case centering round the incident in question. Happiness of Kiran Devi (RW. 5), who was wedded to petitioner No. 2-Rakesh Kumar Singh in the year 1991, was quite short-lived, as it was alleged that shortly after when she went to matrimonial house, she found atmosphere hostile to her, as her in-laws had been abusing her for failure of her parents to make provision of a motorcycle in dowry to them. After about two weeks, she was brought to her parents' house and after about a year, when there was a marriage ceremony in h...
Tag this Judgment!Arun Kumar Vs. State of Bihar and ors.
Court: Patna
Decided on: Sep-12-2002
Aftab Alam, J.1. The petitioner was declared elected to the post of Mukhiya of Diha Gram Panchayat in the district of Sheikhpura. Respondent No. 4 challenged his election in a petition under Section 140 of the Bihar Panchayat Raj Act, 1993 before the learned Munsif, Sheikhpura. The election case remains pending but in the meanwhile the petitioner has come in this Court challenging the order, dated 28.8.2001 passed by the Munsif in the election case. By the impugned order the Munsif declined to finally decide certain preliminary objections raised by the petitioner regarding the maintainability of the election petition and observed that he would decide the question of maintainability along with the other issues framed in the suit. The learned Munsif pointed out that the proceedings were at an advanced stage. The evidence of the election applicant (respondent No. 4) was already over and now it was the turn of the petitioner to lead his evidence after which parties will make their argumen...
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