Patna Court February 2004 Judgments
Bambhola Rai Vs. State Election Commission and ors.
Court: Patna
Decided on: Feb-27-2004
R.N. Prasad, J.1. The writ petition has been filed for quashing the order dated24.1.2003 passed by Sub-Judge VI, Vaishali at Hajipur in Election Case No.228/2001 whereby the amendment petition filed by the plaintiff-respondent No. 4was allowed.2. The case of the plaintiff-respondent No. 4 was that he filed nomination form for the post of Member of Panchayat Samiti of Bahrampur Gram Panchayat. The election was held on 11.4.2001. He lost the election and the defendant-petitioner was elected as Member of the Panchayat Samiti. The respondent No. 4 filed the election petition stating therein that election was held under large scale of booth capturing, firing, violence, etc. On 11.4.2001, the election of booth Nos. 74 and 75 was cancelled and re-poll was conducted. On booth Nos. 67 and 68 about 92 per cent polling was done but the Election Officer deliberately submitted wrong report due to which the Election Commission cancelled the votes polled at those booths. The respondent No. 4 claimed...
Tag this Judgment!Manoj Chaudhary and ors., Etc. Vs. State of Bihar
Court: Patna
Decided on: Feb-26-2004
Braj Nandan Prasad Singh, J.1. The appellants had been saddled at trial allegedly for causing dowry death of Reena Devi and for which they suffered conviction under Sections 304B and 201 of the Indian Penal Code. Though they had been charged also under Section 328 of the Indian Penal Code, they had been acquitted on that count. Among appellants, while Sonamati Devi and Jagwanti Devi, for their conviction under Section 304B of the Indian Penal Code, were sentenced to rigorous imprisonment for a term of seven years, Jagdish Chaudhary and Manoj Chaudhary, for their conviction on that count, were sentenced to suffer rigorous imprisonment for a term of ten years. For their conviction under Section 201 of the Indian Penal Code, the appellants, however, were not sentenced to any term of imprisonment. 2. The basic features of the prosecution case, shorn of details, are as follows : Reena Devi was married to Jagdish Chaudhary sometimes in the year 1992. The second marriage was performed some...
Tag this Judgment!Naresh Choudhary and anr. Vs. the State of Bihar and anr.
Court: Patna
Decided on: Feb-26-2004
I.P. Singh, J.1. This application has been filed for quashing the order dated 25.11.2000 passed by 7th Additional District and Sessions Judge, Bhagalpur, in Cr. Rev. No. 630 of 1997 by which he has dismissed the revision petition and also the order dated 5.9.1997 passed by Sub-Divisional Officer, Sadar Bhagalpur, in Misc. Case No. 540/97 by which the learned Sub-Divisional Officer has converted the proceeding under Section 144 of the Code of Criminal Procedure (hereinafter referred to as 'the Code') into 145 of the Code.2. The dispute relates to Khata No. 56 Survey Plot No. 147, area 3 acres 64 decimals situated in village Ahmadpur, P.S. Akbarnagar, Anchal Sultanganj, District Bhagalpur.3. Learned counsel for the petitioners has submitted that the disputed Plot No. 147 of Khata No. 56 of mauza Ahmadpur P.S. Akbarnagar, Achal Sultanganj was wrongly surveyed in the name of Bhuvaneshwar Harijan, brother of opposite Party Nos. 2 and 3. Title of the said land has already been decided in th...
Tag this Judgment!In Re: Sri Ram Krishna Pandey, Executive President, Motihari Chini Udy ...
Court: Patna
Decided on: Feb-26-2004
S.K. Katriar, J.1. This disposes of suo motu contempt, proceeding initiated under Article 215 of the Constitution of India read with the provisions of the Contempt of Courts Act 1971 (hereinafter referred to as the 'Act'), against Ram Krishna Pandey, Executive President, and M.P. Dhandhania, Director, both of Eastern Sugar Industries Limited (hereinafter referred to as the 'Company'), for the alleged refusal and/or failure on their part to carry out the undertakings to this Court.2. The circumstances leading to initiation of the present proceeding are indicated hereinafter. The company had filed MJC No. 3800 of 2000, inter alia, with the prayer to permit payment of cane price to the cane growers for the period 1999-2000, as per a convenient schedule submitted by them. The proposed schedule of payment was approved by order dated 5.1.2001, passed in the said MJC No. 3800 of 2000, and is set out hereinbelow :_____________________________________________________________________________ Rs...
Tag this Judgment!Shatrughan Sharma Vs. State of Bihar and ors.
Court: Patna
Decided on: Feb-25-2004
Narayan Roy, J.1. Heard counsel for the parties.2. The petitioner substantially prays for issuance of direction upon the respondents to pay his salary since January, 1999 till date and also to quash the order, as contained in Annexure 9, issued by respondent No. 2, whereby and whereunder transfer of the petitioner vis-a-vis respondent No. 5 has been stayed.3. According to the case of the petitioner it appears that the petitioner was working as Store Keeper at Jahanabad under respondent No. 3 Superintending Engineer, Public Health Engineering Department, Gaya and by virtue of the order, as contained in Annexure 3, he was transferred on the same post in place of respondent No. 5, who was transferred on the post of a Clerk in Public Health Engineering Department itself. Pursuant to the order of transfers, as contained in Annexure 3, the petitioner was relieved from Jehanabad on 9.7.1999, and on the next day, he joined as Store Keeper at Nawadah and on the pretext that respondent No. 5 ha...
Tag this Judgment!Gour Krishna Chatterjee Vs. Union of India (Uoi) Through Cbi and anr.
Court: Patna
Decided on: Feb-25-2004
B.N.P. Singh, J.1. A first information report came to be registered against large number of public servants including one Shri D.C. Kapoor, who is now sought to be put on trial on accusation of cheating National Textiles Corporation (NIC) of Rs. 1.98 crores by authorising delivery of non-controlled clothes on strength of forged/fabricated documents in violation of laid down procedure without payment of value of the textiles to NTC. Accusations are that National Consumers' Co-operative Federation of India (NCCF) was a commission agent of NTC for sales of NTC products to different cooperatives societies throughout the country. As a commission agent, NCCF had been issuing despatch instruction to a number of cooperative societies on its demand after due payment from concerned cooperative society. The NCCF entered into an agreement with M/s. Adarsh Bazar, Patna, under which NCCF was to despatch instruction to NTC in favour of M/s. Adarsh Bazar, Patna, or its authorised representative again...
Tag this Judgment!Rama Shankar Tiwary Vs. State of Bihar
Court: Patna
Decided on: Feb-25-2004
B.N.P. Singh, J.1. The petitioner is sought to be put on trial with accusations of making illegal appointments of 77 Grade III and Grade IV employees in the Bihar Intermediate Council while acting as Education Secretary, Government of Bihar and also Incharge of Bihar Intermediate Council during its supersession in the year 1988. Allegedly these appointments were made on the recommendation made by the subordinate officers, which were not legally sanctioned by the Government, and even guidelines and instructions issued by the Government from time to time for observing them in making appointment to Government posts were grossly violated by the petitioner.2. Appointments so made are sought to be justified by the petitioner on excuses that since Government had taken a decision for holding of intermediate standard examinations by the Intermediate Council, Intermediate Council had to be equipped with necessary infrastructure to cope with the load of work and that had necessitated appointment...
Tag this Judgment!Jagat Maya Devi Vs. State of Bihar and ors.
Court: Patna
Decided on: Feb-24-2004
S.K. Katriar, J.1. Heard Mr. Shashi Shekhar Dwivedi for the petitioner, and Mr. V.K. Bhagat, learned SC (Ceiling for the respondents. This writ petition is directed against the order dated 15.1.2003 (Annexure-3), passed by Mr. C. Ashok Vardhan, learned Additional Member, Board of Revenue, in case No. 29 of 2001 (Jagat Maya Devi v. State of Bihar, in purported exercise of powers under Section 32 of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961 (hereinafter referred to as the Act), whereby he has held that the revision application before him was not maintainable.2. According to the writ petition, the petitioner is the land-holder and proceedings under the Act were started against her. The learned Additional Collector (Ceiling), Darbhanga, being the first authority, i.e. Collector under the Act, passed the final order on 12.8.1997 (Annexure-1), in Land Ceiling case No. 349 of 1977-78 (State of Bihar v. Mostt. Jagat Maya Devi). Aggrieved by th...
Tag this Judgment!Ram Kishun Murmu and ors. Vs. State of Bihar
Court: Patna
Decided on: Feb-23-2004
R.N. Prasad and Smt. Mridula Mishra, JJ. 1. The appellants have preferred this appeal against the judgment and order dated 23.6.2000/29.6.2000 passed by 2nd Additional Sessions Judge, Banka in Sessions Trial No. 785 of 1998 whereby they have been convicted for the offence under Section 302/149 of the Indian Penal Code and sentenced to undergo imprisonment for life. They have also been convicted for the offence under Section 148 of the Indian Penal Code but no separate sentence has been awarded.2. The case of the prosecution is that Binju Hansda gave his fardbeyan on 19.11.1997 at about 5 p.m. at his village Mahabdeo Asthan that at about 8 a.m. he along with his family members was harvesting paddy crop in Thutha Bahiyar, At about 9 a.m. the appellants and Chotelal Hembrum and Kaila @ Kailash Hembrum variously armed with tani lathi, bow and arrow and iron rod came and abused them. The appellant, Upendra Tudu ordered to kill and he himself gave a tangi blow on his head causing injury a...
Tag this Judgment!Chief Manager, Central Bank of India and anr. Vs. Sandhya Sah and ors.
Court: Patna
Decided on: Feb-23-2004
1. A petition was brought by a person who held a credit card (his widow received rights under an insurance policy) that the facility of a cash credit limit on the credit card had an additional benefit of a life insurance policy. The coverage was for Rs. 10,00,000 (ten lakhs). It is accepted between the parties that the payment of Rs. 10,00,000 (ten lakhs) was automatic on the death of the person who held the credit card. 2.There is no issue that whether between the bank that is the Central Bank of India and the insurance company, that is, the New India Assurance Company there was a delay in processing the disbursement on the insurance policy which was guaranteed against the credit card. The delay was substantial. 3. In so far as what happened is a logical follow up of delayed money payment. The bank has been required to pay the interest on an amount which was admittedly delayed. 4. The issues were brought by the person who was entitled to the benefits of the insurance policy that is ...
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