Patna Court January 2003 Judgments
Krishna Datta Mahto and ors. Vs. State of Bihar
Court: Patna
Decided on: Jan-31-2003
Balkrishna Jha, J.1. Both the appeals have been preferred under Section 374(2) of the Criminal Procedure Code against the judgment and order dated 19.8.1997 passed by the then learned Additional Sessions Judge-IV, Madhubani in Sessions Trial No. 96/90. The learned Additional Sessions Judge convicted the appellants, Krishna Datta Mahto and Ram Lakhan Mahto under Sections 302/498A of the Indian Penal Code and sentenced them to rigorous imprisonment for life and three years respectively. He also convicted all the 10 appellants under Section 201, I.P.C. and sentenced them to rigorous imprisonment for 7 years. The sentences of the appellants, Krishna Datta Mahto and Ram Lakhan Mahto, however, were ordered to run concurrently.2. On 23.3.1988 at about 7.30 a.m., the informant, Mukti Kumar Singh, P.W. 9, of village Ganghaur, P.S. Babubarahi, District Madhubani lodged FIR (Ext. No. 5) at Khajauli Police Station, District Madhubani, alleging inter alia that his younger sister, Lila Devi, was ma...
Tag this Judgment!Rajendra Jha Vs. Union of India (Uoi) and ors.
Court: Patna
Decided on: Jan-31-2003
1. The order which has been passed on the writ petition can hardly be resisted as the petitioner-appellant, is occupying a public premises, belonging to the railway administration (Railway Institute). He cannot show origins of his occupation. The learned Judge made an inquiry as to the occupation from the counsel appearing for the petitioner. It could not be explained as to how the petitioner-appellant is living in the railway quarters.2. Virtually, the petitioner-appellant is in unauthorised occupation. In fact, a proceeding has been made against him under the Public Premises (Eviction of Unauthorised Occupation) Act 1971.3. No relief could be granted to the petitioner on the writ petition, which was rightly dismissed. Likewise, relief on this appeal can also not be gratned.4. Dismissed....
Tag this Judgment!Jyoti Shekhar Vs. the Patna University, Through Its Registrar and ors.
Court: Patna
Decided on: Jan-30-2003
S.N. Jha and P.N. Yadav, JJ.1. The dispute in this case relates to seniority between the petitioner, Jyoti Shekhar and respondent No. 4 Dr. Hira Kant Jha (hereinafter called 'the respondent'). The petitioner seeks quashing of the notification of the Patna University (in short 'the University'), dated 28-5-1987 contained in Annexure-9, by which the respondent was appointed as Lecturer in Commerce on regular basis with effect from 7-2-1975. He also seeks quashing of the notifications, dated 24-6-1987 and 2-6-2000 contained in Annexures 11 and 14 respectively, by which the respondent was promoted as Reader under the time-bound scheme. By the former notification he was accorded provisional promotion in anticipation of the approval of the Bihar State University (Constituent Colleges) Service Commission; by the latter the promotion was confirmed on receipt of the recommendation of the Commission.2. The case of the petitioner is as follows. On 14-9-1971 the respondent was appointed as Resea...
Tag this Judgment!S.M. Abdul Quadir and ors. Vs. Bihar State Electricity Board and ors.
Court: Patna
Decided on: Jan-30-2003
Radha Mohan Prasad, J. 1. As in all these writ petitions, grievance of the petitioners relates to pensionary dues and the question involved is common, with consent of the parties, they have been heard together for final disposal.2. In all these writ petitions, petitioners superannuated from the service of the Bihar State Electricity Board, hereinafter referred to as 'B.S.E.B.' before creation of Jharkhand State Electricity Board, hereinafter referred to as 'J.S.E.B.' from the places presently falling in the territorial jurisdiction of Jharkhand State Electricity Board except in the case of petitioners in CWJC Nos. 10476 and 10524 of 2002, who superannuated after creation of J.S.E.B., but from the area presently falling in the territorial jurisdiction of the B.S.E.B. All the petitioners are aggrieved, some on account of non-payment of retiral dues at all and some on account of non-payment of arrears of their retiral dues in the revised scale. Petitioners of C.W.J.C. No. 10476 and 1052...
Tag this Judgment!Shamsher Ram and ors. Vs. the State of Bihar
Court: Patna
Decided on: Jan-29-2003
S.N. Pathak, J. 1. This appeal is directed against the judgment dated 29-8-1991, passed by the Additional Sessions Judge-l, Patna, in Sessions Trial No. 89 of 1984. Appellants Shamsher Ram and Lallan Ram alias Lalan Ram were convicted under Section 364 of the IPC and were sentenced to undergo R. I. for five years. They were further convicted under Sections 326/149 of the IPC and were sentenced to undergo R. I. for five years. These two appellants were further convicted and sentenced under Section 147 of the IPC to undergo R.I. for six months. All the sentences awarded against them were directed to run concurrently. The appellant Dinesh Ram was convicted under Section 326 of the IPC and was sentenced to undergo R.I. for five years. He was further convicted under Section 148 of the lPC. He was sentenced to undergo R.I. for one year, his sentences running concurrently.2. The case of the prosecution was projected through the fardbeyan of one Manogi Ram, who alleged in his fardbeyan (Ext-...
Tag this Judgment!State of Bihar and ors. Vs. Prashant Kr. Sharma and ors.
Court: Patna
Decided on: Jan-29-2003
R.S. Garg, J. 1. This order shall dispose of LPA No. 675 of 2000 (The State of Bihar and Ors. v. Prashant Kr. Sharma, arising out of CWJC No. 3822/97), LPA No. 676 of 2000 (The State of Bihar and Ors. v. Nirmat Kr. Sinha and Ors., arising out of CWJC No. 4337 of 1997), L.P.A. No. 677 of 2000 (The State of Bihar and Ors. v. Satish Kr. Singh, arising out of CWJC No. 4982 of 1997), LPA 678 of 2000, (The State of Bihar and Ors. v. Ravindra Narayan Thakur and Ors. arising out of 3345 of 1997) LPA No. 680 of 2000 (The State of Bihar and Ors. v. Ram Ayodhya Prasad, arising out of CWJC No. 6200 of 1998), LPA No. 681 of 2000 (The State of Bihar and Ors. v. Siya Ram Choudhary, arising out of CWJC No. 9591 of 1997), LPA No. 687 of 2000 (The State of Bihar and Ors. v. Binod Kumar., arising out of CWJC No. 10490 of 1997), LPA No. 689 of 2000 (The State of Bihar and Ors. v. Abhiram Jha and Ors., arising out of CWJC No. 10436/97), LPA No. 690 of 2000 (The State of Bihar and Ors. v. Fuldeo Sah, ari...
Tag this Judgment!iris Electronics India Pvt. Ltd. and ors. Vs. State of Bihar and ors.
Court: Patna
Decided on: Jan-29-2003
R.S. Garg, J.1. By this writ application the petitioners seek to challenge the applicability of Notification S.O. No. 85 dated July 17, 2002 to the industries who have secured/obtained sales tax exemption certificate/order in their favour under Section 7(3)(b) of the Bihar Finance Act, 1981.2. The petitioner No. 1, M/s. Iris Electronics India, a private limited company incorporated under the Companies Act, 1956 is engaged in manufacture of television sets. The petitioner No. 2 is one of the directors of the petitioner No. 1 while petitioners Nos. 3, 4 and 5 are the dealers of the petitioner No. 1, and according to the petitioners, are directly affected by the interpretation of the notification S.O. No. 85 made by the respondents-authorities regarding its applicability to make payment of tax on the sale of exempted product manufactured by the petitioner No. 1.3. The petitioner No. 1 claims to be a small-scale industrial unit registered with the General Manager, District Industries Cent...
Tag this Judgment!Ganga NaraIn Lal Das Vs. the State of Bihar and ors.
Court: Patna
Decided on: Jan-29-2003
Nagendra Rai and R.S. Garg, JJ. 1. Heard learned Counsel for the parties. 2. This appeal is directed against the order dated 9-5-2002 in CWJC No. 1711/ 2002 (Ganga Narain Lal Das v. The State of Bihar and Ors.) passed by the learned Single Judge rejecting the prayer of the writ petitioner for release of full pension, gratuity and entire amount of GPF.3. Admitted fact is that a criminal case is pending against the petitioner and in terms of the circulars issued by the State Government, during pendency of a criminal case, full pension including gratuity cannot be released, and as such the order of the learned Single Judge so far as it relates to rejection of the prayer for payment of entire amount of pension and gratuity is concerned, the same is not interfered with. So far as the amount of GPF is concerned, learned Counsel for the appellant relied upon a judgment rendered by the Division Bench of this Court in the case of the State of Bihar and Ors. v. Ganga Bishnu Mahto and Ors., (2...
Tag this Judgment!Gauri Shankar Prasad and ors. Vs. Union of India (Uoi) and ors.
Court: Patna
Decided on: Jan-28-2003
I.P. Singh, J. 1. The above mentioned Criminal Miscellaneous cases have been heard together and this order will govern all of them. In all these cases the parties are the same. The parties have been heard on the point of the prayer of the petitioner for the stay of the criminal proceedings in different case against him and this order at this stage will only deal with this prayer of the petitioner. By this order the aforesaid Criminal Miscellaneous cases are not being disposed of.2. Five different complaint case have been lodged against the present petitioner for having committed the offence under Section 276C of the Income Tax Act, 1961 (in short 'the Act'). In all these criminal case the learned Special Judge, Economic Offences, Patna had passed an order taking cognizance of the offence under this provision of law and for issuing summons against the present petitioner. It is against this order passed in five different case that the present criminal miscellaneous cases have been file...
Tag this Judgment!State of Bihar and ors. Vs. Janardan Rai and anr.
Court: Patna
Decided on: Jan-28-2003
Ravi S. Dhavan CJ and R.N. Prasad, J. 1. After the order of the Supreme Court on an appeal by the State of Bihar itself, when the Special Leave Petition was disposed of with a direction to the State of Bihar to implement the resolution dated 27 April, 1977 in the manner it is meant to be implemented, the issues stood resolved. 2. On record are circumstances that in the earlier set of litigation the defence in the writ petition and subsequently whether on an appeal under Letters patent or before the Supreme Court the issues were taken by the State of Bihar through the Department of Education. After the order of the Supreme Court the issues were terminal. Now, issues are being presented as if the Department of Education and the Department of Finance may be at issues. Details are on record and it will not be appropriate forthe Court to record these details. Effort, truly of the State Government, should have been to even out the creases to resolve the dispute after the litigation has been...
Tag this Judgment!- ‹ Prev
- 2
- 3
- 4
- 5
- Next ›
- Last »