Patna Court July 2003 Judgments
Md. Safique @ Md. Saufi Vs. State of Bihar
Court: Patna
Decided on: Jul-22-2003
Sachchidanand Jha, J. 1. The sole appellant of this appeal has been convicted under Section 302 of the Indian Penal Code (I.P.C.) and sentenced to imprisonment for life for having committed murder of his wife Naseema Khatoon in the night of 14/15th of June, 1996 in his house at Garh Banaili within Kasba Police Station of Purnea District. The occurrence was reported by Khairunnisa, mother of the deceased, on 17th June, 1996 at 4 p.m. at the Sadar Hospital, Purnea. She stated that she learnt from some persons that in the night of 14/15th June, 1996, her son-in-law Md. Safique, the appellant here, had burnt her daughter Naseema Khatoon pouring kerosene oil and setting her on fire. She went to the appellant's house and found her daughter in burnt condition. She brought a tempo and took her to Sadar Hospital, Purnea for treatment. After two days on 17th June, 1996, she died.2. On the basis of the said Fardbeyan, Kasba Police Station Case No. 145 of 1996 was registered against the appellant...
Tag this Judgment!Dr. Uma Nath Sharan Vs. State of Bihar and anr.
Court: Patna
Decided on: Jul-22-2003
M.L. Visa, J.1. This application by petitioner has been filed for cancellation of bail of opposite party No. 2 granted in complaint case No. 612(c) of 1999 under Sections 406, 420, Indian Penal Code (in short 'IPC') and Section 138, Negotiable Instruments Act by Mr. V.D. Rai, Judicial Magistrate, 1st Class, Patna on 27.9.2002.2. The case of petitioner, in short, is that he had executed a sale deed in favour of Urmila Prasad for sale of his house for Rs. 7,01,000/- but subsequently he was not interested to sell his house, therefore, he gave Rs. 7,01,000/- to opposite party No. 2 for returning the same to Smt. Urmila Prasad because opposite party No. 2 was a common man but opposite party No. 2 did not pay the aforesaid money to Urmila Prasad and petitioner had to sell his house to Smt. Urmila Prasad and he suffered irreparable loss and injury and when he demanded his money from opposite party No. 2, he issued a cheque for Rs. 7,01,000/- but the said cheque was dishonoured and the petit...
Tag this Judgment!Saroj Kumari Singh Vs. Union of India (Uoi) and ors.
Court: Patna
Decided on: Jul-21-2003
Ravi S. Dhavan, C.J.1. On 13-5-2002, the Union of India sought an adjournment after the case had been argued by both the sides. The adjournment was taken so that Standing Counsel could advice the Department to look into the matter afresh. More than a year has passed and nothing concrete has been reported to the Court whether any matter was examined afresh.2. The hearing, thus, must proceed.3. The Court did not desire to record the history of the case or any aspect that the petitioner Saroj Kumari Singh a Head Clerk, Civil Engineering Department, Eastern Railway, Danapur may have been the victim of gender bias. The whole story begins, the Tribunal records it so, that she had made a complaint on two officers Messrs D.B. Mitra and K.S.C. Sharma regarding inaccurate bills submitted by these two officers claiming reimbursement. The petitioner apparently had sown the seeds for trouble when she complained against these officers. She was transferred several times and on more than one occasio...
Tag this Judgment!Smt. Phul Kumari Tripathi Vs. Smt. Bina Devi @ Saraswati Devi
Court: Patna
Decided on: Jul-21-2003
S.K. Katriar, J. 1. The plaintiff is the appellant against a judgment of affirmance. This appeal is directed against the judgment and decree dated 6-3-2002, passed by learned Additional District Judge II, Patna, in Title Appeal No. 21 of 1994 (Smt. Phul Kumari Tripathi v. Smt. Veena Devi @ Saraswati Devi), whereby he has dismissed the plaintiffs appeal, and has upheld the judgment and decree dated 21-1-1994, passed by learned 2nd Munsif, Patna, in Title Suit No. 841 of 1988 (Smt. Phul Kumari Tripathi v. Veena Devi @ Saraswati Devi), whereby the suit had been dismissed. Hence this appeal at the instance of the plaintiff. We shall go by the description of the parties occurring in the plaint.2. The facts lie in a narrow compass, and are almost admitted except some details which are inconsequential for the disposal of this appeal. According to the plaint, CS Plot No. 506, appertaining to Khata No. 39, situate in the locality of Rajapur in the township of Patna, originally belonged to Vij...
Tag this Judgment!Sashi Bhushan Prasad Vs. Union of India (Uoi) and ors.
Court: Patna
Decided on: Jul-17-2003
1. Heard the parties.2. This writ application has been filed against the order dated February 4, 2000 passed by the Central Administrative Tribunal, Patna Bench, Patna, dismissing the application filed by the petitioner and upholding the order of removal from service as EDEPM, Jahagirpur Sham, P.S. Deshri, District Vaishali.3. It appears that a proceeding was initiated against the petitioner on the complaint filed by one Pawan Kumar Patel. It was stated by him that his father had sent Rs. 800/- vide Calcutta G.P.O. Insurance letter dated May 11, 1989 but the petitioner, who was EDEPM, Jahagirpur Sham, did not deliver the same and created forged document showing receipt of the money and later on after 38 days the money was delivered. A departmental proceeding was initiated after giving full opportunity and the petitioner was removed from service. The Tribunal upheld the order of the department as it did not find any legal infirmity in the order of removal.4, Learned counsel appearing ...
Tag this Judgment!Shri Bhogendra Singh Vs. the Chairman, Bihar State Electricity Board a ...
Court: Patna
Decided on: Jul-17-2003
Chandramauli Kr. Prasad, J.1. This application has been filed for issuance of a writ in the nature of certiorari for quashing the order dated 14-1-1999 whereby the age of the petitioner has been determined as 27 years on 7-11-1998. Further prayer made by the petitioner is to quash the order dated 1 -3-2000 whereby the representation filed against the aforesaid order, has been rejected.2. Short facts giving rise to the present application are that the petitioner was initially appointed as unskilled Khalasi by order dated 9-11-1965 and in pursuance thereof, he joined the service on 11-11-1965. According to the petitioner his date of birth was recorded as 20-11-1945 in the Service Book on the basis of the Medical Certificate. It is his stand that his date of birth ought not to have been changed by the respondents.3. Counter-affidavit has been filed on behalf of the respondents in which it has been stated that on account of information that the date of birth in respect of a large number ...
Tag this Judgment!Union of India (Uoi) and ors. Vs. Subodh Kumar and anr.
Court: Patna
Decided on: Jul-15-2003
Ravi S. Dhavan, C.J. 1. This letters patent appeal is against the order dated 8th October, 2002 on CWJC No. 641 of 2000 : Subodh Kumar v. Union of India and Ors., whereby the order of the Director General of Police, Central Reserve Police Force (CRPF) dated 30th July, 1999 upholding the order of the Commandant, 133 Battalion, Patna dated 21st May, 1999 dismissing the petitioner-appellant from service has been set aside. 2. The impugned order, which has been set aside by the learned Judge, was to the effect that the petitioner-appellant upon an inquiry was found to have committed a serious misconduct as he had during the subsistency of a marriage married again or took another woman as a wife so as to indulge in a plural marriage within the meaning of Rule 15 of the Central Reserve Police Force Rules, 1955. During the course of the inquiry, the petitioner-appellant could not resist that recital from the proposition as it was a circumstance of fact that he had taken another woman or in...
Tag this Judgment!Umesh Sharma and ors. Vs. the State of Bihar and ors.
Court: Patna
Decided on: Jul-15-2003
Ravi S. Dhavan, C. J. 1. These three letters patent appeals which arise out of three writ petitions against two decisions but similar issues. One is dated 3rd September, 1996, passed in CWJC No. 8210 of 1995 (Umesh Sharma and Ors. v. The State of Bihar and Ors.). The others are in CWJC No. 10350 of 1995 and CWJC No. 10363 of 1995 both dated 5-2-1997. Petitioners are in three sets of petitions and their date of appointments are given as below: CWJC No. 8210 of 1995 Name of petitioners Date of appointment1. Umesh Sharma 1-5-19872. Ravi Shanker Sharma 19-3-19853. Krishna Kumar 24-6-19854. Pradeep Kumar Sharma 24-6-19855. Rajiv Kumar 24-6-19856. Upendra Kumar 1-11-19857. Ajit Kumar Mishra 6-2-19868. Madheshwar Kumar 30-9-19869. Jaishankar Prasad 1-10-198610. Vijay Kumar 30-5-198811. Anil Kumar 1-9-1989CWJC NO. 10350 of 19951. Jawahar Prasad 28-8-19892. Dinesh Ravidas 28-8-1989CWJC No. 10363 of 19951. Sheo Keshwar Pathak 31-5-1987 2. The issue is about vaccinators who were required by...
Tag this Judgment!Ashutosh Agencies Vs. Bharat Sanchar Nigam Ltd. and ors.
Court: Patna
Decided on: Jul-15-2003
1. This Letters Patent Appeal has been filed against the order of 18th April, 2003 by which the Court declined to interfere with the writ petition of Ashutosh Agencies v. Bharat Sanchar Nigam Ltd. and Ors. 2. The order which has been challenged itself records that there was an earlier writ petition C.W.J.C. No. 1400 of 2003 by which the petitioner was challenging the aspect that his tender, in effect, was not being accepted. The Court by an order of 1st March, 2003 noticing that the petitioner had made an essential change in the tender as was offered with regard to the site, directed the Chief General Manager to consider the petitioner's request whether change of site would be feasible and take a final decision on the representation so made by the petitioner. 3. The facts on which there is no issue are that for offering the franchise of mobile services, Bharat Sanchar Nigam Limited made an advertisement as a notice for inviting a tender. This notice was published in the newspaper p...
Tag this Judgment!Birendra Kumar Singh Vs. State of Bihar and ors.
Court: Patna
Decided on: Jul-15-2003
Narayan Roy, J.1. Heard Counsel for the parties and considered the counter-affidavit filed on behalf of the State.2. By this writ application the petitioner prays for quashing the Communique as contained in Annexure 1 dated 24th December, 2002 issued under the signature of Director, Secondary Education, Bihar, Patna to the District Education Officer, Gaya whereby and whereunder directions have been issued to lodge First Information Report against the Headmaster and the teachers who managed to obtain their appointment on the basis of forged documents and to initiate departmental proceeding against the Headmaster of the school and not to pay the salary to the individual teachers including the petitioner.3. According to the case of the petitioner, he was appointed as Assistant Teacher by the Deputy Director, Secondary Education, Government of Bihar Patna as per recommendation of the Vidyalaya Sewa Board in the year 1988 along with other teachers and thereafter he continued in services an...
Tag this Judgment!- ‹ Prev
- 1
- 3
- 4
- 5
- Next ›
- Last »