Patna Court November 2004 Judgments
Nand Kumar Giri and anr. Etc. Vs. State of Bihar
Court: Patna
Decided on: Nov-24-2004
Bal Krishna Jha, J. 1. All the three appellants stand convicted and sentenced to rigorous imprisonment for life under Sections 302/34 of the Indian Penal Code by the Judgment and Order passed on 15-5-1998 in Sessions Trial No. 211 of 1990 by the then learned Additional Sessions Judge-VII, Siwan.2. Both the appeals arise out of the common judgment and order, so they were heard together and are being disposed of by this common judgment.3. On 9-2-1988, the informant, Bidya Giri, P.W.4, lodged F.I.R. alleging inter alia that his younger brother, Sheonath Giri, was doing Tailoring Works at Paharpur and used to return home daily by 7 p.m. On 9-2-1988 when he did not return to his home by 8 p.m., he (informant) along with Sirajul Manir (P.W.2), went out to search him and proceeded towards Faharpur. On the way when he reached near an orchard situated in the east of the Village-Balapur, he spotted his brother, Sheonath Giri, lying smeared in blood on the ground but he was in senses at that tim...
Tag this Judgment!Gyan Murti Vs. State of Bihar and ors.
Court: Patna
Decided on: Nov-24-2004
Narayan Roy, J.1. Heard the petitioner in person and also learned counsel for the University and the State and considered the respective counter affidavits.2. The petitioner has prayed for issuance of direction upon the respondents to issue certificate/degree of B.A. (Hon's), as the petitioner has passed B.A. (Hon's) examination from B.P.S College, Babhangame, Madhepura.3. It is submitted by the petitioner that he was riot at all at fault, as he was allowed admission in the college in question and he passed (B.A. (Hon's) examination, and, in that view of the matter, he is entitled for B.A. (Hon's) degree. It is further submitted that the petitioner has also persecuted his higher studies in Law Course.4. In the counter affidavit filed on, behalf of the University, it is stated that B.P.S College, Babhangama, Madhepura is not an affiliated college for degree course, and, therefore, in view of Section 21 (2) (d) of the Bihar State Universities Act, 1976 (hereinafter to be referred to as ...
Tag this Judgment!Durga Hotel Complex Vs. the Reserve Bank of India and ors.
Court: Patna
Decided on: Nov-23-2004
1. Both the appeals have been heard together and are being disposedby this common order.2. Both the appeals arise out of common order dated 23-1-2004 passed by the learned single Judge, whereby he has set aside the award dated 30-3-2002 passed by the Banking Ombudsman on the ground that the relief granted by him is beyond the power vested In him. Two writ applications were filed before the learned single Judge. C.W.J.C. No. 10756 of 2002 was filed by the appellant M/s. Durga Hotel Complex against the respondent State Bank of India to carry out the directions given by the Banking Ombudsman by his order dated 30th March. 2002. C.W.J.C. No. 1882 of 2003 was filed by the Respondent State Bank of India challenging the aforesaid award. 3. Learned single Judge heard both the matters together and dismissed the writ application filed by the appellant and allowed the writ application filed by the Bank. L.P.A. No. 313 of 2004 arises out of an order passed In C.W.J.C. No. 1882 of 2003 and L.P.A. ...
Tag this Judgment!Uday Kumar and ors. Vs. the State of Bihar and ors.
Court: Patna
Decided on: Nov-23-2004
Nagendra Rai, A.C.J. and S.N. Hussain, J.1. The petitioners, who are the owners of the motor vehicles having seating capacity of five or more persons but below twelve, have filed the present writ application for holding that they are not liable to pay Additional Tax under Schedule II, read with Section 5(2) of the Bihar Motor Vehicle Taxation Act, 1994 (for short 'the Taxation Act'), as amended in 2002 as well as for quashing letter dated 3.1.2004, as annexed as Annexure 3, issued by the Secretary-cum-State Transport Commissioner, for treating the motor vehicles of the petitioners as non-personalised vehicles and charged the Additional tax in; terms of the amendment of the provisions of the Act in 2002 by Bihar Act 11 of 2002, which came into effect on 16.7.2002. They have also challenged the demand notices dated 28.4.2004 (Annexure 1 Series), issued by the District Transport Officer, Jehanabad, in pursuance of the said letter dated 3.1.2004.2. The main ground of challenge made on beh...
Tag this Judgment!Jay Prakash Paswan Vs. State of Bihar and ors.
Court: Patna
Decided on: Nov-23-2004
Narayan Roy, J.1. Heard counsel for the petitioner, counsel for the intervenors, namely, Smt. Shakuntala Devi and Surendra Prasad, and JC to GP 4.2. The petitioners and intervenors have prayed for issuance of direction upon the respondents to regularise their services in the like mariner it has been done vide Rural Engineering Organisation Department's letter No. 1370 dated 18.3.1996.3. It is submitted by learned counsel for the petitioner and the intervenors that they were initially working in the Work Charged Establishment of the Rural Engineering Organisation and a panel was prepared where the petitioner and the intervenors were shown above similarly situated persons, who have been regularised vide letter No. 1370 dated 18.3.1996. However, their claims have been ignored without any rhyme or reason and the persons below them have been regularised.4. A counter affidavit has been filed on behalf of the respondents, wherein these facts have not been denied. However, it is stated that p...
Tag this Judgment!Awadh Bihari Singh Vs. State and ors.
Court: Patna
Decided on: Nov-22-2004
V.N. Sinha, J.1. Heard.2. Petitioner, who is the Secretary of Shri Sitaram Middle School, Pakaria Circle Dihri-II, District-Rohtas, has filed this writ application assailing the order dated 23.7.2003 bearing Memo No. 1003 dated 26.7.2003, Annexure-28, whereunder the Director, Primary Education, has rejected the request of the petitioner to take over the aforesaid institution under the provisions of Bihar Non Govt. Elementary School (Taking, over of Control) Act, 1976 hereinafter referred to as the Act.3. Dr. S.N. Jha, Senior Advocate, appearing for the petitioner stated that petitioner's institution was taken over under the aforesaid Act under the orders of the Regional Deputy Director of Education, Patna Division, Patna bearing Letter No. 1716-19 dated 19.2.1977, Annexure-5. He further stated that Kasturba Middle School, Piparpati, Buxar, was also taken over under the aforesaid Act under the orders of the Regional Deputy Director of Education, Patna Division, Patna, bearing Letter No...
Tag this Judgment!Jaganath Roy and ors. Vs. State of Bihar and ors.
Court: Patna
Decided on: Nov-22-2004
Narayan Roy, J.1. Heard counsel for the parties.2. The writ petitioners have prayed for issuance of direction upon the respondents to appoint them on the posts of police constable in the District of Patna pursuant to Advertisement No. 1 of 1997.3. It is submitted by learned counsel for the petitioners that the petitioners had qualified in the physical test and they had the requisite height, but they were not appointed only on the ground that they had taken training of home-guard from the State of Uttar Pradesh. It is further submitted that since the petitioners had undergone training of home-guard in the State of Uttar Pradesh, they cannot be debarred in absence of stipulation made in the advertisement. It is also contended that similarly situated persons had approached this (B Court in CWJC No. 6204 of 1998 again in CWJC No. 10435 of 2000 and this Court vide orders, as contained in Annexure-4 series and 7 series directed the authorities to appoint them on the posts of police constabl...
Tag this Judgment!Dileshwar Pd. Singh @ Hitter Vs. State of Bihar
Court: Patna
Decided on: Nov-16-2004
Chandra Mohan Prasad, J. 1. The appeal is against the judgment dated 5.10.1989 of the 4th Additional Sessions Judge, Muzaffarpur, passed in Session Trial No. 161 of 1987 whereby the appellant has been convicted under Section 395 of the Indian Penal Code, and sentenced to undergo rigorous imprisonment for seven years.2. The fardbeyan of the case was recorded by S.I. Rajeshwar Singh (PW 8) on 16.3.1986 at 9 p.m. at the house of the informant situated within the grid sub-station colony at Bhikhanpura. The informant stated that he was working as section officer in the Bihar State Electricity Board, Muzaffarpur and his residential quarter was situated within Grid Sub-station at Bhikhanpura. About the occurrence he stated that day (16.3.1986) at about 7.30 p.m., he was sitting in his house and was reading a book. The door was closed from inside. At that time some body knocked the door from outside. Thinking that his son-in- law (PW 7) who had gone out for some work had come back, he got up ...
Tag this Judgment!Gopal Prasad @ Gopal Sao and ors. Vs. State of Bihar
Court: Patna
Decided on: Nov-14-2004
B.N.P. Singh, J. 1. Veena Devi, wedded to Gopal Prasad, appellant No. 1, died in her in-laws' house within 6 1/2 years of her marriage allegedly for torture meted out to her by the in-laws. Father of the deceased on receipt of message of tragic end of his daughter, took recourse to public authority and set criminal law in motion on filing written complaint on 20.1.1988 before Officer-in-charge, Bodh Gaya Police Station, in which accusation, inter alia, was made that information received from his brother suggested that Veena Devi was poisoned and her dead body was cremated. As usual, investigation commenced in course of which, Police Officer visited place of occurrence, recorded statement of witnesses and on conclusion of investigation, laid charge-sheet before the Court. In the eventual trial, that followed, State examined 12 witnesses, father, uncle, and brother of the deceased, State also examined one Police Officer Yogendra Prasad (P.W. 12) who simply brought on the record First In...
Tag this Judgment!Raj Narayan Prasad Vs. State of Bihar and ors.
Court: Patna
Decided on: Nov-10-2004
Narayan Roy, J.1. Heard counsel for the parties.2. The petitioner has challenged the order of dismissal from his services.3. It is submitted by learned counsel for the petitioner that the petitioner was appointed on the post of police constable on 6.12.1999, as he had fulfilled all the criteria for such appointment and while he was serving he was dismissed from services with affect from 8.8.2000 by virtue of order, as contained in Annexure-A to the counter-affidavit.4. It is further contended by learned counsel for the petitioner that since the petitioner was appointed after due verification he could not have been dismissed without giving any opportunity to explain his conduct and even if any infirmity was found in his selection, show-cause notice was required to be given to the petitioner before issuing order of dismissal.5. From Annexure-A to the counter-affidavit, it is manifest that in course of employment of the petitioner it was detected that he impersonated another person, and,...
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