Patna Court August 2003 Judgments
Shri Ram Chandra Jha Vs. the Bihar State Co-operative Marketing Union ...
Court: Patna
Decided on: Aug-14-2003
Chandramauli Kr. Prasad, J. 1. This writ application has been filed for quashing the memo of charge dated 22-4-2000 (Annexure-10) whereby the petitioner has been asked to show cause as to why a departmental proceeding be not initiated against him. Further prayer made by the petitioner is to quash the order dated 19-4-2001 (Annexure-11) whereby the petitioner has been visited with the penalty of recovery of a sum of Rs. 2,09,933.10 paise and withholding of two increments with cumulative effect. 2. Facts giving rise to the present application are that by order dated 13-12-1997 (Annexure-7) the petitioner was informed that he has been held guilty of shortage of certain fertilizers and pesticides valued at Rs. 9,156.60 and accordingly, he was directed to deposit the amount in instalments. It was made clear that in case of failure steps for his dismissal shall be taken. Petitioner did not challenge the said order. Thereafter, again by order dated 20-6-1998 (Annexure-8), petitioner was hel...
Tag this Judgment!Lalit Kishore and M.P. Gupta Vs. State of Bihar and ors.
Court: Patna
Decided on: Aug-14-2003
Ravi S. Dhavan, C.J. 1. The Court is dealing with the subject of untouchability. This is mentioned in Article 17 of the Constitution which says: '17. Abolition of Untouchability.--'Untouchability' is abolished and its practice in any form is forebidden. The enforcement of any disability rising out of 'Untouchability' shall be an offence punishable in accordance with law.'2. No one can deny that when the Constitution of India was being framed, half a century of dedication by Mahatma Gandhi supported by an equally dedicated parliamentarian and social reformer, Dr. B.R. Ambedkar, made the contribution of inserting this article. It is under Chapter 3. It is part of Fundamental Rights. This article does not guarantee any right, but it takes away, by a Constitutional mandate, the horrible scourge which defiles our republic by treating one class of citizens as 'untouchables'. Constitution or no Constitution this horrible practice of Untouchability continues in the nation. No deterrent, whet...
Tag this Judgment!Ajju @ Ajay Manjhi Vs. the State of Bihar
Court: Patna
Decided on: Aug-14-2003
I.P. Singh, J. 1. The sole appellant has been convicted under Section 363 of the Indian Penal Code (in short the Code) and was sentenced to undergo R.I. for five years. He was further convicted under Section 366 of the Code and was sentenced to undergo R.I. for seven years and also convicted under Section 376 of the Code and was sentenced to undergo R.I. for eight years and also with a fine of Rs. 2000. In default of payment of fine, he was to undergo R.I. for sex months. However, all the sentences were ordered to run concurrently. 2. The prosecution case, in short, is that the Officer-in-charge of Hayaghat Police Station, District-Darbhanga recorded his statement on 25-5-1993 at 10.00 P.M. in village-Sajhauti of that P.S. at the house of Mukhiya Baidya Nath Yadav stating therein that on 25-5-1993 he heard rumour that in village-Sajhauti Sighiyahi Tola, a girl was kept in the house of Ram Badan Manjhi as a boy brought that girl from Laxmi-Sagar, Chunabhathi, Darbhanga a after elopin...
Tag this Judgment!Bihar Vyavsayik Sangharsh Morcha and anr. Vs. State of Bihar and ors.
Court: Patna
Decided on: Aug-14-2003
Ravi S. Dhavan, C.J.1. An affidavit was filed by the Director General of Police on 4th August, 2003 giving some statistical data on crime and criminals. The data apparently has been made in such a way that it cannot satisfy an ordinary citizen who does not have the means to protect himself. Comparing the ranking of undivided Bihar, as the data has been presented, with other States or analysing crimes recorded with the population of the State and take out ratios on the frequency of rape, murder and kidnapping with the population, may be statistical jugglery but not a solution.2. Hiding behind odious comparisons that the crime situation in other parts of the nation is worse, is also not going to supply a solution. The degradation of what is commonly called 'the law and order situation' has not happened in a day. The seeds of this were sown more than 30 years ago. It is common knowledge that Bihar was on the tourist circuit up to the 1960's and its archaeological sites were advertised a...
Tag this Judgment!Lal Rai Vs. State of Bihar and ors.
Court: Patna
Decided on: Aug-13-2003
R.N. Prasad, J.1. The election of Gram Panchayat was held in the year 2001. Ram Kewal Singh was declared elected Mukhiya of Alawalpur Gram Panchayat, Patna. He was convicted and sentenced to undergo imprisonment for seven years. The said fact was concealed at the time of filing nomination. When it came to the knowledge of Election Commission it exercised its power vested by notification dated 4-3-2002. Notice was issued to Ram Kewal Singh, elected Mukhiya. Thereafter, the Election Commission passed order holding that Ram Kewal Singh was unfit for fighting election and as such he was unseated vide order dated 1-7-2002. Ram Kewal Singh filed a writ petition before this Court against the order dated 1 -7-2002 which was ultimately dismissed. He filed L.P.A. against the order passed in the writ petition. L.P.A. was also dismissed as has been disclosed by the learned counsel for the petitioner.2. The case of the petitioner is that he secured second largest number of votes for the post of M...
Tag this Judgment!izhar Ahmad Vs. Mahabir Prasad
Court: Patna
Decided on: Aug-13-2003
P.K. Deb, J. 1. The election of 86 Ghanshyampur Legislative Assembly Constituency which was held in the month of February, 2000 has been challenged in this election petition which has been filed under Sections 80, 80A and 91 of the Representation of People Act, 1951. (hereinafter shall be mentioned as the Act) The election of returned candidate, namely, Dr. Mahabir Prasad who happens to be the sole respondent had been called in question. The election petitioner was a nominee of Janta Dal united and he contested the said election and being lost to the sole respondent. The Sub-Divisional Officer Pirol District Darbhanga, namely, Ram Udgar Mahto was the Returning Officer in the election in question. The programme of the election was as follows, as per the notification issued by the Election Commissioner of India:-- 1. Last date for filling nomination paper- 3-2-2000 2 Date of scrutiny of nomination paper- 4-2-2000 3. Last date forwithdrawal of candidature- 7-2-2000 4. Date of poll- ...
Tag this Judgment!Dinesh Chowdhury Vs. Ram Chunihera and ors.
Court: Patna
Decided on: Aug-12-2003
P.K. Deb, J.1. This appeal has been preferred by the above named appellant who was defendant in the original suit being Title Suit No. 141/1991 and he was respondent in Title Appeal No. 15/1998. The suit of the plaintiffs respondents was dismissed in the trial Court but the said dismissal has been reversed by the Appellate Court and the suit has been decreed in favour of the plaintiffs-respondents.2. The original suit was filed by Jhakia Devi the predecessor-in-interest of the present respondents. The suit was filed on the basis of an agreement for Specific Performance. Usual prayers were made in the suit filed under the provisions of Specific Relief Act for directing the defendant to execute the sale-deed on the basis of the agreement for sale after taking the consideration amount from the plaintiff and if the defendant does not execute the sale-deed within a specified time the same should be done by the Court. According to the plaintiffs, the suit property measuring fifteen and hal...
Tag this Judgment!Umda Devi and ors. Vs. the Bihar State Electricity Board and ors.
Court: Patna
Decided on: Aug-12-2003
Chandramauli Kr. Prasad, J. 1. This application has been filed for quashing the Resolution dated 6th of April, 1999 (Annexure-12) whereby one Ram Lakhan Sahi, an employee of Bihar State Electricity Board, has been inflicted with various penalties. 2. Petitioners are the heirs of said Ram Lakhan Sahi who was a Junior Engineer employed in the Bihar State Electricity Board, hereinafter referred to as 'the Board'. By order dated 14-11-1984 (Annexure-4), he was put under suspension on account of submission of the charge sheet against him on 8-1-1983 in Jharia P.S. Case No. 36 of 1981 registered under Sections 409, 410, 414 and 120B of the Indian Penal Code. The order putting him under suspension made it clear that the same shall be without prejudice to the departmental proceeding to be initiated against him separately. 3. The employee was served with the charge sheet dated 28-11-1985 (Annexure-3). According to the charge while Ram Lakhan Sahi was posted as Junior Engineer in the Rural E...
Tag this Judgment!Bihar Rajya Panchayat Vs. Election Commission and ors.
Court: Patna
Decided on: Aug-11-2003
R.S. Dhavan, C.J. and S.K. Singh, J.1. This is a matter in which the petitioner drew the attention of the Court that the seats representing members from self governing institutions are lying vacant at the Legislative Council for almost last 25 years. The petitioner was referring to Sub-clause (3) of Article 171 of the Constitution of India.2. When the Court sought return on the writ petition from the State-respondents, the proposition was not resisted. The State-respondents acknowledged that indeed these seats are lying vacant at the Legislative Council. The respondents also acknowledged that to fill seats certain enactments would need to be updated. As a consequence of this proceeding amendments were caused to be made to the Representation of the Peoples Act 1950 and the Schedule to this Act. The details are given in the orders of the Court dated 24th July, 2002, 30th October, 2002, 1st May, 2003 and 9th July, 2003.3. Today, learned counsel for the petitioner Mr. M.P. Gupta and the ...
Tag this Judgment!Bhulan Ram and ors. Vs. the State of Bihar
Court: Patna
Decided on: Aug-11-2003
I.P. Singh, J.1. Criminal appeal Numbers 310, 324 and 329 of 2002 arise out of the same judgment have been heard together and are being disposed of by this common judgment. All the appellants in criminal appeal numbers 310, 324 and 329 of 2002 have been convicted under Section 395 of the Indian Penal Code and were sentenced to undergo rigorous imprisonment for ten years each.2. The prosecution case, in short, is that one Rama Kant Pandey gave his statement before the police on 7-6-1999 at about 9.15 a.m. at the field of his Dalan stating, inter alia, that on 6-6-1999 at about 5 p.m. he was sitting at his door. In the meantime, 15 to 16 miscreants in police uniforms having armed with rifle, staingun and guns came at the Darwaza of the informant. He understood that the police personnel has come but when they reached near him they caught him and asked about his gun and they also claimed themselves to be the members of the party unity. Thereafter, the informant identified them as crimina...
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