Patna Court September 2004 Judgments
Sudama Singh Vs. Munji Singh and anr.
Court: Patna
Decided on: Sep-13-2004
P.N. Yadav, J.1. These appeals relate to one and the same judgment and order dated 8th and 11th June, 2001 rendered by Sri Rajendra Kumar Mishra, 3rd Additional Sessions Judge, Sasaram in Sessions Trial No. 422 of 1991 arising out of Sasaram (Town) P.S. Case No. 88/89 and were, therefore, heard together and are going to be disposed of by this common judgment.2. Appellants Harendra Singh and Ramji Singh suffered conviction and sentence of life imprisonment under Section 302 of the Indian Penal Code, (hereinafter to be referred to as the Code) while appellants Munji Singh and Sudama Singh were convicted and sentenced to undergo imprisonment for life under Section 302/34 of the Code, and appellant Harendra Singh and Munji Singh were also convicted and sentenced to undergo rigorous imprisonment for five years under Section 27 of the Arms Act, the sentences having been ordered to run concurrently.3. It would be relevant and convenient to reproduce, in brief, the factual scenario of the cas...
Tag this Judgment!Shambhu Nath Mishra Vs. the State of Bihar and ors.
Court: Patna
Decided on: Sep-13-2004
Chandramauli Kr. Prasad, J.1. This application has been filed for quashing he order dated 14.12.2001 passed by the Special Director, Secondary Education in appeal No. 19 of 1997, whereby respondent No. 9 has been declared senior to the petitioner.2. Short facts giving rise to the present application are that the petitioner as also respondent No. 9 were appointed as teachers on 1.4.1981 and 1.1.1979 respectively. At the time of appointment, petitioner possessed degree and Madhyama qualifications whereas respondent No. 9 had degree with Honours. It appears that second post of teacher had fallen vacant some time in the year 1986-87 and step was taken to fill up the said post. The Managing Committee of the School vide its resolution, dated 22nd of June, 1987, decided to appoint the petitioner as second teacher and forwarded the decision to the Bihar Sanskrit Shiksha Board, hereinafter referred to as the Board. The Board approved the appointment of the petitioner by order dated 8th of Augu...
Tag this Judgment!Ramawati Kuer Vs. the State of Bihar and ors.
Court: Patna
Decided on: Sep-10-2004
R.S. Garg, J.1. Heard learned counsel for the parties.2. The facts leading to this writ application and as alleged by the petitioner are that on 23.4.1998 a live electrical wire snapped from the pole and fell on the husband of the petitioner as a result of which he died on the spot. The first information report was lodged which was registered as Sasaram PS case No. 352/98. The petitioner thereafter made an application to the respondents for compensation but as the respondents did not do anything in the matter the petitioner has now come to this Court submitting inter alia that a sum of Rs. ten lacs be awarded to the petitioner as compensation.3. The first information report is Annexure-1, it reads that at about 4.30 am Shri Ram Awadh Singh, Advocate was going to Kali Mandir to offer his Puja, the wire snapped, fell on his body as a result of which he died on the spot. The respondents in their counter have not denied the two facts that the wire snapped and the deceased died as a result...
Tag this Judgment!Shri Narendra Pratap Pandey Vs. State of Bihar and ors.
Court: Patna
Decided on: Sep-10-2004
R.S. Garg, J.1. Heard learned counsel for the parties.2. The facts in nutshell are that in the year 1972 the Housing Board notified a Housing Scheme, the petitioner made an application and on 15.12.1978 deposited a sum of Rs. 5,000/- and his application in prescribed proforma along with his own affidavit. On 25.9.1991 the plot was allotted in favour of the petitioner. On 24.1.1996 the petitioner in accordance with the directions issued by the respondents deposited a sum of Rs. 35,530/- and thereafter an agreement was executed on 19,2.1996. It was agreed between the parties that the balance consideration would be paid by the petitioner in 40 equal instalments each of Rs. 2,165.30 paisa. The petitioner who purchased a dream sincerely hoped that the Housing Board, a creation of the State Government would act honest, would provide him the land so that he may build his dream house, went on depositing the instalments. The respondent Board knew well that the plot which has been allotted to t...
Tag this Judgment!Dr. Manas Kumar Chatterjee Vs. the State of Bihar and ors.
Court: Patna
Decided on: Sep-10-2004
R.M. Prasad, J.1. Heard learned counsel for the petitioner and the learned counsel for the State as well as Mr. Chakradhari Sharan Singh, learned counsel appearing for the Accountant General,2. Mr. Singh has produced photo copies of the authorities with respect to final pension, gratuity and leave encashment, which have been handed over to the learned counsel for the petitioner.3. According to the learned counsel for the petitioner, the said authorities are in pre-revised scale and at the time of superannuation of the petitioner, the pay was revised. As such, according to him, the petitioner is entitled for fixation of his retiral dues in the revised scale.4. Mr. Singh, learned counsel appearing for the Accountant General has produced a Government resolution dated 8th February, 1999 with respect to revision of scale of pay of the State Government employees. He referred to paragraph 3 of the said resolution, which says as follows:'3. The revised scales of pay shall come into effect fro...
Tag this Judgment!Veena Kumari Vs. Srikant @ Sanjay
Court: Patna
Decided on: Sep-09-2004
S.N. Hussain, J.1. Heard learned counsel for the parties.2. The petitioner is defendant in Divorce Case No. 27/96 which has been filed by the opposite party for dissolution of their marriage under Section 13 of the Hindu Marriage Act, 1955 (hereinafter to be referred to as 'the Act' for the sake.of brevity).3. The petitioner is aggrieved by order dated 1.6.2002 passed in the aforesaid case by which the learned First Additional District Judge, Begusarai, had rejected her petition under Section 24 of the Act for maintenance pendente lite @ Rs. 4,000/- per month from the date of filing of the case.4. The learned counsel for the petitioner contended that the impugned order was passed on the assumption that since the petitioner is already getting Rs. 300/- per month, there was no occasion for review of the said order. He contended that the said amount of Rs. 300/- per month was not being given as maintenance but was being given as cost of litigation. The learned counsel for the petitioner ...
Tag this Judgment!Takshila Educational Society Vs. Dit (investigation)
Court: Patna
Decided on: Sep-08-2004
R.S. Garg, J.Pursuant to warrant of authorisation issued by the Director of Income Tax (Investigation), Patna dated 30-4-2003, search and survey operations under section 132(1) and section 133A(1) of the Income Tax Act, 1961 (hereinafter referred to as the Act) were carried on 8-5-2003 at Patna, Delhi and Pune in the business and financial concerns of Sanjiv Kumar and others. While conducting search and survey in the premises of the petitioners M/s. Takshila Educational Society, B-549, New Friends Colony, New Delhi, other premises were searched and certain documents were seized, therefore, the petitioner M/s. Takshila Educational Society has filed this writ application under article 226 of the Constitution of India challenging the actions of the respondents in issuing warrants as bad and mala fide and seeking relief for quashing the search and seizure.2. It is to be noted that petitioner M/s. Takshila Educational Society claims itself to be registered with the Registrar of Society, Ne...
Tag this Judgment!Md. ShabbiruddIn and anr. Vs. State of Bihar and anr.
Court: Patna
Decided on: Sep-08-2004
M.L. Visa, J.1. This application by petitioners has been filed for quashing the order dated 2.9.2002 passed by the Court of Shri Ashok Kumar Singh, Judicial Magistrate, Patna in Trial No. 1571 of 2002 arising out of Complaint Case No. 1377 (C) of 2002 whereby cognizance has been taken against the petitioners alongwith others for offence under Sections 406, 420 and 120B of Indian Penal Code (In short 'IPC').2. The brief facts of the matter are that Rajendra Prasad, opposite party No. 2 filed Complaint Case No. 1377 (C) of 2002 in the Court of Chief Judicial Magistrate, Patna against the petitioners, M/s. Addisons Constructions Company Private Limited Ashok Kumar Singh said to be one of the Directors of M/s Addisons Constructions Company Private Limited and others under Sections 403,467, 468, 469, 420, 500, 504, 209 and 120B read with Section 34 of the IPC alleging therein that Ashok Kumar Singh approached the complainant for giving complainant's land for development and to construct a ...
Tag this Judgment!Shiv Kumar Jalan and ors. Vs. State of Bihar and anr.
Court: Patna
Decided on: Sep-08-2004
M.L. Visa, J.1. The petitioners have filed this application for quashing the entire proceedings including the order dated 27-1-2004 passed by learned Chief Judicial Magistrate, Muzaffarpur in complaint case No. 2133 of 2003 taking cognizance against the petitioners under Sections 406, 409, 420, 423, 379 and 504 of Indian Penal Code (In short 'IPC').2. The case of petitioners is that petitioner No. 1 is proprietor of M/s. Shlv Kumar and Company, petitioner No. 2 is holder power of attorney of M/s. Shiv Kumar and Company, petitioner No. 3 is Manager Ganpati Autofin Services, Muzaffarpur and petitioner No. 4 is receiver agent.3. According to the petitioners, a Commander Jeep bearing No. BR 05 AP/4454 was let out to opposite party No. 2 under hire-purchase agreement and arbitration agreement by petitioner No. 1 who runs finance company in the name and style of Shiv Kumar and Company (Annexure-1). As per the terms of agreement, opposite party No. 2 was to pay 23 monthly instalments at the ...
Tag this Judgment!Babulal Mahto Vs. the Bihar State Electricity Board
Court: Patna
Decided on: Sep-08-2004
Mridula Mishra, J.1. Heard learned counsel for the petitioner and the counsel appearing for the respondents.2. The petitioner has filed this application for a direction to the respondents for payment of pension and death-cum-retiral gratuity, GPF with interest, Group Insurance and for payment of pay and allowances arising out of fixation of pay of the petitioner in the replacement scale with effect from 1.4.1996 and for release of salary and allowances of the petitioner for the period of deemed suspension from 11.4.1987 to 25.5.1987. The petitioner has also prayed for first time bound promotion with effect from 1.4.1981 and for second time bound promotion on completion of 25 years of his service with effect from 8.11.1992.3. The petitioner was appointed on the post of Rigger and was posted at Patratu Thermal Power Station under Bihar State Electricity Board (hereinafter referred as the 'Board'). His case is that after his superannuation he submitted his pension papers in time to the r...
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