Patna Court January 2005 Judgments
Chandra Bhushan Thakur Vs. State of Bihar and ors.
Court: Patna
Decided on: Jan-24-2005
R.S. Garg, J.1. The petitioner who purchased a sweet dream has been supplied a nightmare. It is unfortunate that the Housing Board and its officers have become a gang of dacoits, thieves and the hooligans, they have no respect for the common men and the money plight and sorrows of the common men.2. From the facts of this case which I shall narrate later, it would simply appear that these officers have become blood-suckers and wild animals which can pounce upon any body at any point of time and shall justify their acts in killing or causing injury to anybody.3. The petitioner applied for a dream house, he was required to make certain payments and the balance amount was to be paid in 120 instalments, The petitioner having complied with necessary formalities was required to take possession of the house. In accordance with Annexure-7, the possession report, the petitioner is shown to have been given possession of House No. L/191. This is to be noted that Annexure-7, the letter dated 28-3-...
Tag this Judgment!Malti Kumari Vs. State of Bihar and ors.
Court: Patna
Decided on: Jan-20-2005
Chandramauli Kumar Prasad, J.1. Prayer of the petitioner in this application filed under Article 226 of the Constitution of India is to pay to him the salary for the period December, 1991 to 19.2.1995.2. Shorn of unnecessary details, facts giving rise to the present application are that by order dated 1.3.1990 (Annexure 2), petitioner was appointed as Auxiliary Nurse Midwife and her service was placed at the disposal of the Incharge Medical Officer, Nowa Nagar. In pursuance of the said order, petitioner joined and her salary was paid till her service was terminated by teleprinter message. It seems that by the teleprinter message, services of a large number of. Auxiliary Nurse Midwife were terminated and the matter travelled upto this Court- This Court found the termination of the petitioners service by the teleprinter message to be bad in law and directed the respondents to make inquiry after giving show cause notices to the employees concerned. Such an enquiry was held and the servic...
Tag this Judgment!Binod Kumar Vs. State of Bihar and ors.
Court: Patna
Decided on: Jan-19-2005
Chandramaull Kr. Prasad, J.1. Prayer of the petitioner in this application filed under Article 226 of the Constitution of India is to quash the order dated 24.7.2003 (Annexure 8) whereby the appointment of the petitioner on compassionate ground has been cancelled.2. Short of unnecessary details facts giving rise to the present application are, that the petitioner's father Bindeshwar Singh while working as Ward Attendant, a Class IV post in Sadar Hospital, Hajipur died on 18.4.1995. At that particular point of time petitioner's mother was also in service in the State Government as a Class IV employee. However, after retirement of his mother, petitioner filed application inter alia stating that her mother had retired and she is not getting any pension and in the aforesaid premise prayed for appointment on compassionate ground. The prayer of the petitioner for appointment on compassionate ground was considered by the District Compassionate Appointment Committee in its meeting held on 23....
Tag this Judgment!Vijay Kumar Manmouji Vs. State of Bihar and ors.
Court: Patna
Decided on: Jan-19-2005
R.S. Garg, J.1. Heard learned counsel for the petitioner, learned counsel for the State and Shri Ajay Kumar Ambastha, learned counsel for the intervener (Up-Mukhiya of Gram Panchayat).2. The facts necessary for disposal of the present writ application are that the present petitioner who was elected as Mukhiya, vide his letter dated 1.3.2003, addressed to the Block Development Officer, Khagaria, resigned from the office of Mukhiya. However a copy of the said letter was also forwarded to the District Panchayati Raj Officer, Khagaria for Information and necessary action. It appears that in the meanwhile the disputes between the Block Development Officer and the Mukhiya were settled which would be clear from Annexure-5, the petitioner on4.3.2003 (Annexure-3) again submitted a letter to the Block Development Officer seeking withdrawal of the resignation letter. A copy of the said letter was again forwarded to the District Panchayati Raj Officer for information and necessary action. On 26.3...
Tag this Judgment!Rajesh Kumar Mittal Vs. State of Bihar
Court: Patna
Decided on: Jan-18-2005
P.K. Sinha, J.1. This is an application under Section 482 of the Code of Criminal Procedure praying therein to quash the entire criminal proceeding arising out of Jehanabad P.S. Case No. 417 of 2001, corresponding to G.R. No. 1948 of 2001, registered under Section 414 of the Indian Penal Code, and under Sections 41 and 42 of the Indian Forest Act, as also order dated 8.8.2002 recorded by the learned Chief Judicial Magistrate, Jehanabad by which cognizance of offence was taken.2. The allegation, in brief, is that forest produce including wooden logs in large number were seized by the official loaded on a truck of which the petitioner was subsequently found to be the owner. The driver had fled away and since no document could be found on the truck, the truck and forest produce were seized. Learned counsel submits that from the case diary it would appear that subsequently different claimants came before the Lower Court claiming to be the purchasers of the forest produces loaded on the tr...
Tag this Judgment!Sushil Kumar Singh Vs. State of Bihar and ors.
Court: Patna
Decided on: Jan-18-2005
Narayan Roy, J.1. Heard learned counsel for the petitioner and JC to SC 6.2. This writ application has been filed for issuance of a direction upon the respondents to publish the second list of selected candidates for appointment oh the post of police constable pursuant to advertisement No. 1 of 1998.3. It is submitted by learned counsel for the petitioner that second list of selected candidates has not been published even despite directions, issued by the Deputy Inspector General of Police, Magadh Range, Gaya, dated 11th October, 2000.4. JC to SC 6, however, submits that the committee is required to be reconstituted and some of the Superintendents of Police have been transferred.5. It appears that this Court vide order dated 12.11.2001 while granting four weeks time to the State counsel to take instruction observed :--'Pendency of this case will not prevent the concerned authority from publishing the second list of the successful candidates for appointment to the post of police consta...
Tag this Judgment!Vijay Kumar and ors. Vs. State of Bihar
Court: Patna
Decided on: Jan-18-2005
Mridula Mishra, J.1. Vijay Kumar is the appellant in Criminal Appeal No. 312 of 2001. Harihar Nath Prasad, Sheo Kumar and Prabhu Kumar are appellants in Criminal Appeal No. 318 of 2001. All these appellants have been convicted under Section 302/34 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life by the 4th Addl. Sessions Judge, Siwan, in Sessions Trial No. 89 of 1997 vide judgment and order dated 3-7-2001/5-7-2001.2. On 5-10-1996 at 9 a.m. one Nagendra Prasad gave his fardbeyan before the Officer-Incharge of Siwan (Mufassil) police station that on the same date at 6 a.m. his father was returning house after attending call of nature. As soon as his father reached in front of the house of Harihar Nath suddenly Harihar Nath and Sheo Kumar with pharsa, Vijay Kumar with bhala and Prabhu Kumar and Shri Ram Kumar with lathi started assaulting him. His father raised alarm and started fleeing but the accused persons surrounded him. Harihar Nath and Sheo Kumar as...
Tag this Judgment!Baij Nath Pal Vs. State of Bihar and ors.
Court: Patna
Decided on: Jan-17-2005
Shiva Kirti Singh, J.1. Heard learned Counsel for the petitioner and learned Counsel for the State.2. Petitioner is informant of Khagaul P.S. Case No. 11/03 lodged for offence under Sections 498A and 304B and other sections of the I.P.C. against five named accused including one Arvind Pal, a Sub-Inspector of Police who at the relevant time was posted in Jamalpur Police Station in the District of Munger. Petitioner's grievance is that although the investigation of the case is pending since February, 2003 but only Mukesh Pal the husband of the deceased lady who was sister of this petitioner has been arrested and co-accused who are relations of the husband have not been apprehended. The prayer of the petitioner is to direct the concerned police officials to execute warrant of arrest issued against absconding accused persons so that they may be arrested without any delay and also for a direction to Superintendent of Police (City), Patna to provide security to the family members of the pet...
Tag this Judgment!Sunder Goswami and anr. Vs. State of Bihar
Court: Patna
Decided on: Jan-17-2005
Manohar Lal Visa, J.1. This appeal is directed against the judgment dated 4.8.2001 and order dated 9.8.2001 passed by 3rd Additional Sessions Judge, Bhagalpur, in Sessions Trial No. 340/93, convicting the appellant Sunder Goswami under Sections 302 and 323 of the Indian Penal Code (in short, IPC) and sentencing him to undergo R.I. for life under Section 302, IPC but passing no separate sentence under Section 323, IPC and convicting appellant Mandodari Devi under Section 302, IPC but releasing her on admonition under Section 3 of Probation of Offenders Act.2. The case of prosecution, in short, is that on 25.4.1987 a goat of appellant Sunder Goswami and Bido Goswami was grazing maize crop of informant Jamuni Devi (PW 7) and informant caught hold of that goat and brought it to her 'darwaja'. In the meantime, both the appellants came there abusing the informant and snatched her child Khokhe Goswami aged about 1-1/2 years from her lap and threw him on the ground and started assaulting the ...
Tag this Judgment!Chandra Bilash Singh and ors. Vs. State and ors.
Court: Patna
Decided on: Jan-17-2005
V.N. Sinha, J.1. Heard Shri Y.V. Giri, Senior Advocate for the petitioner and Sri Sudhir Kumar, JC to GP IV for the State.2. The petitioners have filed this writ application for a direction to the State respondents to grant them minimum of the scale of pay prescribed for the post on which they were engaged during the period between 1980-1984 and have continued to serve on those post for the last 20-24 years since the date of their initial engagement till date. In support of the aforesaid prayer it has been asserted in the writ application that the petitioners were engaged to serve as Roller Driver, Khalasi and Chawkidar in the REO Division, Jehanabad, during the period between 1980 to 1984. They continued to serve the said division on their respective post from the initial date of engagement till the filing of the writ application and they are serving the division even today. Their grievance is that having served the division as Roller Driver, Khalasi and Chawkidar for about 20-24 yea...
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