Patna Court May 2004 Judgments
Naresh Chandra Das and ors. Vs. State of Bihar and ors.
Court: Patna
Decided on: May-21-2004
I.P. Singh, J.1. This is an application under Section 482 of the Code of Criminal Procedure, 1973 (in short 'the Code'). It is directed against the order dated 10.4.2002 passed in Cr. Rev. No. 89 of 2001 by the learned Sessions Judge, Katihar whereby and whereunder he set aside the order dated 3.8.2001 passed by the learned Chief Judicial Magistrate, Katihar in protest/Complaint Case No. 367/2000 dismissing the complaint petition under Section 203 of the Code.2. It appears that opposite party No. 2, Deepak Chandra Das had filed a Complaint Case No. 452 A/1998 against the present petitioners. On receiving this complaint petition the learned Chief Judicial Magistrate, Katihar sent it to the police station for lodging an FIR and for investigation. The police registered Barsoi P.S.-Case No. 32/1999 on the basis of this complaint petition. After completion of investigation the police found the prosecution case false and concocted and recommended and for action under Sections 182 and 211 o...
Tag this Judgment!Puspa Devi and ors. Vs. Most. Anand Moyi Devi and ors.
Court: Patna
Decided on: May-21-2004
V.N. Sinha, J. 1. This civil revision application is directed against the order dated 7.6.2002 passed by the Subordinate Judge V, Bhagalpur in Misc. case No. 13/96/5/02 by which the Court below has dismissed the said misc. case and has thereby refused to recall the order dated 31.7.1996 passed in Title suit No. 186/84 whereunder compromise petition dated 30.7.1996 was accepted and the said title suit was decreed in terms of the aforesaid compromise petition.2. Before proceeding to notice the submissions of the parties, it is appropriate to mention a few relevant fact. The plaintiff- opposite party Nos. 1 to 5 filed Title (Partition) suit No. 186/84 in the Court of Subordinate Judge, Bhagalpur in which they referred to earlier T.S. No. 35/43 which was disposed of in terms of the compromise decree dated 23.7.1945 on the basis of which survey record was published in the name of Sarojendu Biswas. Having made the said reference plaintiff-opposite party Nos. 1 to 5 claimed half share and f...
Tag this Judgment!Nand Kishore Jha Vs. State of Bihar and ors.
Court: Patna
Decided on: May-21-2004
Narayan Roy, J. 1. Heard counsel for the parties.2. The petitioner has prayed for issuance of direction upon the respondents to promote him on the post of Assistant Sub-Inspector of Excise.3. It is submitted by learned counsel for the petitioner that the petitioner is a Excise Constable and he is eligible for promotion to the post of Assistant Sub-Inspector of Excise. It is further submitted that as per Clause 45 of the instruction of the Board of Revenue, permanent appointment of Assistant Sub-Inspector of Excise is required to be made by the Excise Commissioner in April each year either by direct recruitment or by promotion of selected Excise Constables below the age of 50 years, but the cases of the petitioner and similarly situated persons have not been considered after 1995. It is further submitted that the petitioner made representation before the competent authority in 1998 to consider him for the post of Assistant Sub-Inspector of Excise, but till date nothing has been done in...
Tag this Judgment!State Bank of India Vs. Ranjan Chemicals Ltd. and anr.
Court: Patna
Decided on: May-20-2004
S.N. Hussain, J.1. Heard learned counsel for the parties. The State Bank of India, namely, the defendant-petitioner, is aggrieved by the order dated September 24, 2002, by which the learned Subordinate Judge 1, Patna, had rejected the petition of the defendant-bank for transferring the money suit, namely M. S. No. 168 of 2001, to the Debts Recovery Tribunal, Patna (hereinafter referred to as 'the Tribunal' for the sake of brevity).2. The said money suit was filed by the opposite parties on December 24, 2001, for a decree of Rs. 1,739.15 lakhs against the State Bank of India and its authorities, who were defendants, as damages along with interest, both pendente lite and future at the rate of 18 per cent. per annum, because the plaintiffs' highly viable industrial unit, as adjudged by the Industrial Investment Bank of India, had failed due to the inaction of the State Bank of India.3. In the said money suit the defendant-petitioner appeared and filed a petition on July 17, 2002, claimin...
Tag this Judgment!Architect Rewat Vs. Union of India (Uoi) and ors.
Court: Patna
Decided on: May-20-2004
Ravi S. Dhavan, C.J. and R.N. Prasad, J.1. The petitioner is an Architect by profession. He has brought this writ petition as a Public Interest Litigation as he feels that construction of a bridge which connects Munger and Khagaria over the river Ganges is not ideal in its design. He has an alternate plan. According to him, instead of an over bridge there should be a tunnel which ought to go under the river. He has submitted a plan of his own, the thesis of which is that areas of Munger and Khagaria are within seismic zone. The under tunnel or a conduit which should connect Khagaria and Munger will take a shake of an earthquake better than an over bridge. The Court cannot make any comments on this as the Court is not an expert. The Court may respect the idea of the petitioner as it is not unknown that there have been tunnels which go under the river, elsewhere in the world. The one under the English Channel is one.2. The exercise is perhaps academic. May be the petitioner has an idea ...
Tag this Judgment!Sureshwar Prasad Srivastav Vs. State of Bihar and ors.
Court: Patna
Decided on: May-20-2004
Radha Mohan Prasad, J. 1. In this writ petition, petitioner has sought for mandamus against the respondents directing them to compute and pay pro-rata pension and death-cum-retirement gratuity taking into account the entire service rendered by him from 7.10.1961 to 14.10.1977, under the State of Bihar in the Department of Information and Public Relation whereafter he was appointed in the service of Bihar State Electricity Board, Patna, hereinafter called as the 'the Board' on 15.10.1977.2. It appears that aforementioned claim of the petitioner has been rejected by the Department vide Annexure-B to the counter affidavit filed on behalf' of respondent-State on the ground that his appointment in the Board was made on his own application and not that the he was transferred in the service of the Board in public interest. In this regard a reference to Clause (iii) of the Finance Department Memo No. 5190-F dated 30th April, 1976 has been made and a copy thereof has . been annexed as Annexure...
Tag this Judgment!Bihar Intermediate Education Council and ors. Vs. Pramod Kumar and ors ...
Court: Patna
Decided on: May-18-2004
1. The appellant is the Bihar Intermediate Education Council, a statutory body under the Bihar Intermediate Education Council Act, 1980 (hereinafter referred as 'the Council'). The contesting respondent is one Pramod Kumar working on the post of a Deputy Secretary with the Council. The cause to file the writ petition arose, as the respondent-petitioner asserts, the absorption into service and the promotion given to him by the Council was illegally recalled after 22 years of service with the latter. That it was done, is not denied but made an issue, that it could be done.2. Initially, before deputation and absorption, the respondent-petitioners had been recruited by and in service of the Patna University. The Council had been structured, virtually, by employees brought on deputation.3. The facts are given in the petitioner-respondent's writ petition. Paragraph 1 reads :'That, this application is being filed against highly wrongful and illegal order, dated 13.03.2003 passed by responden...
Tag this Judgment!National Insurance Company Ltd. Vs. Arunkumar Sah
Court: Bihar State Consumer Disputes Redressal Commission SCDRC Patna
Decided on: May-17-2004
D.P.S. Choudhary, President: 1. O.P.-National Insurance Company has preferred this appeal against the order dated dated 24.4.2003 passed by District Forum, Begusarai in Complaint Case No. 08/97 whereby and whereunder directed the appellant to pay 75% of Rs. 1,01,000/- on non-standard basis with interest @ 6% per annum and litigation cost of Rs. 2,000/-. 2. The brief fact of the case is that complainant took insurance policy on 6.12.1995 by the appellant-O.P. for the goods of his shop namely Arun Khad Bhandar situated at Begusarai. The complainant further alleged that he took a loan from Central Bank of India, Teghra Branch under PMRY scheme for the shop. It is further alleged that a theft was committed in his shop in the night of 13/14.5.1996 by unknown person for whom Criminal Case No. 78/96 was lodged with Teghra Police under Section 457/380, I.P.C. The police after investigation submitted final report on 24.6.1996. The complainant alleged that though his shop was insured at a sum of...
Tag this Judgment!Sona Devi and ors. Vs. State of Bihar
Court: Patna
Decided on: May-14-2004
Mridula Mishra, J.1. Appellants have preferred these appeals against the judgment and order of conviction dated 8.2.2003/13.2.2001 passed by the 3rd Additional Sessions Judge, Bhojpur at Arrah in Sessions Trial No. 258 of 1999. Appellants suffered conviction under Sections 304B/34, 498A and 201 of the Indian Penal Code as well as under Section 4 of the Dowry Prohibition Act and have been sentenced to undergo rigorous imprisonment for life under Sections 304-15/34 of the Indian Penal Code, RI for one year each under Sections 498A and 201 of the Indian Penal Code and RI for six months under Section 4 of the Dowry Prohibition Act with a rider that the sentence shall run concurrently.2. Ramjee Prasad submitted his written report at Sahar Police Station on 16.5.1998 informing about the death of his daughter by her husband, mother-in-law, father-in-law and brother-in-law at her in-laws' house on account of non-fulfilment of their demand of dowry. The informant stated that his daughter Pushp...
Tag this Judgment!Narayan Sah Vs. the State of Bihar and ors.
Court: Patna
Decided on: May-13-2004
S.K. Katriar, J.1. Heard Mr. V. Nath for the petitioner, Mr. Abbas Raider, JC to GP II for respondent Nos. 1 and 2, and Mr. O.P. Agrawal for respondent No. 3 (Shailendra Singh). This writ petition is directed against the order dated 16.3.2001 (Annexure 2), passed by the learned Collector of the District of Begusarai in Revenue Case No. 68/97 Ram Lagan Singh v. Narayan Sah, in purported exercise of powers under Section 21 of the Bihar Privileged Persons Homestead Tenancy Act, 1947 (hereinafter referred to as 'the Act').2. According to the writ petition, the petitioner is a 'privileged tenant' in terms of Section 2(J) of the Act and has his homestead on the land in question. He was threatened with ejectment and, therefore, filed an application under Section 5 of the Act which was on contest allowed by order dated 15.9.1997 (Annexure 1), passed by the learned Anchal Adhikari, Begusarai, in Basgit Parcha Case No. 6026/3 of 96-97/97-98, whereby the requisite declaration under the Act, was...
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