Patna Court December 2005 Judgments
Kumar Suman Singh Vs. State of Bihar
Court: Patna
Decided on: Dec-06-2005
V.N. Sinha, J.1. Heard Sri Sunil Kumar Singh, learned Counsel appearing on behalf of the petitioner and Sri Rakesh Kumar, learned Counsel appearing on behalf of the Central Bureau of Investigation.2. Petitioner in both cases (Cr. Misc. Nos. 37620 and 43488 of 2005) is one and the same person. He has filed the aforesaid two petitions assailing the orders dated 16-9-2005 and 21-10-2005, passed in Special Case No. 13 of 2003/R.C. No. 24A of 2003, whereunder the Court below has refused to discharge him from the trial for the offence under Sections 120B, 420, 380, 409 and 411 of the Indian Penal Code and Sections 8 and 13(2) read with Sections 13(1)(e) and (d) of the Prevention of Corruption Act, 1988 and then has proceeded to frame charges for the offences under the aforesaid sections under order dated 21-10-2005.3. Learned Counsel for the petitioner with reference to the averments made in these petitions contended that the offences under Sections 409, 120B and other allied Sections of th...
Tag this Judgment!Binay Kumar Sinha @ Chhote Vs. State of Bihar
Court: Patna
Decided on: Dec-06-2005
Sadanand Mukherjee, J.1. This Criminal Appeal is directed against the judgment and order of conviction dated 27.8.2001 passed by Mr. Sita Ram Pandey, 6th Additional District and Sessions Judge, Patna in Sessions Trial No. 1056 of 1999, whereby and whereunder, the appellant Binay Kumar Sinha was convicted under Sections 302 and 498A of the Indian Penal Code and sentenced to undergo R.I. for life under Section 302 of the IPC and further sentenced to undergo R.I. for three years under Section 498A of the IPC. The sentences were to run concurrently.2. The prosecution case, in brief, is that an FIR was lodged by one Lalit Mohan Prasad, brother of the deceased Raj Kumari Devi in emergency ward of PMCH Patna, stating therein, that the sister Raj Kumari Devi was married to accused Binay Kumar Sinha in the year, 1965. Two sons and daughter were born out of the aforesaid wedlock. Earlier in the year, 1990 accused Binay Kumar Sinha got service in the Patna Registry Office. Thereafter he war, tra...
Tag this Judgment!Bihar Rajya Utpad Sipahi Mahasangh and ors. Vs. State of Bihar and ors ...
Court: Patna
Decided on: Dec-06-2005
Radha Mohan Prasad, J.1. In this writ petition, the grievance of the petitioners is on account of denial of the pay scale of Rs. 3050- 4590/- as recommended by the Fitment Appellate Committee in its report of 2001, which, according to them, is binding upon the Government pursuant to the undertaking dated 7.5.1999 (Annexure 2).2. The petitioners are the Bihar Rajya Utpad Sipahi, Mahasangh and its President and General Secretary.3. According to the case of the petitioners, from the very beginning the Excise Constables used to be treated equivalent to the Constables in Bihar Police like BMP and Forest Guards etc. It is stated that the Constables of Bihar Police, BMP, Excise Department, Jail Department and Forest Department used to be appointed on divisional basis from a joint panel. The Excise Constables received training also at the same place along with their counterparts in Bihar Police. According to the petitioners, their working condition and transfer rules are almost similar and th...
Tag this Judgment!Ragjawa Narayan Mishra Vs. Chief Executive Officer, Bihar Rajya Khadi ...
Court: Patna
Decided on: Dec-05-2005
J.N. Bhatt, C.J.1. In this group of two writ petitions virtually a common question has been placed in focus as to whether a person employed in Bihar State Khadi Gramoudyog Board, (respondent No. 1) could be superannuated on completion of the age of 58 years even if the total length of service is more than 40 years by invocation of the provision of Article 226 of the Constitution of India.2. This reference is the outcome and has been necessitated, as such, by virtue of the reference order, on hand, dated 14.5.2004, in CWJC No. 3929 of 2004, wherein a similar question arose as to whether an employee of the Board who has completed 40 years, of service from the date of joining could be retired on completion of 40 years of service or on superannuation age of 58 years.3. With a view to appreciate the said contention, the learned single Judge considered a Division Bench decision of this Court in the case of Mokhtar Ahmad v. Bihar State Road Transport Corporation 1995 (1) PLJR 183, wherein, i...
Tag this Judgment!Shailendra Kumar Thakur Vs. State of Bihar and ors.
Court: Patna
Decided on: Dec-05-2005
Narayan Roy, J.1. Heard counsel for the parties.2. This writ application is directed against the order, as contained in annexure 10 dated 3.2.1997, issued under the signature of the Deputy Director, Secondary Education, Government of Bihar, Patna, whereby and whereunder the petitioner has been terminated.3. It is submitted by learned counsel for the petitioner that initially, the petitioner was appointed as part time instructor in the year 1988 in Zila School, Motihai after following the procedures of appointment and thereafter he was appointed as Assistant Teacher in the same school by the order of the Regional Deputy Director of Education on a vacant post with effect from 20th March, 1990 and while the petitioner was functioning on the post of Assistant Teacher his appointment was cancelled vide order dated 16.2.1991, which subsequently was recalled vide letter dated 11.11.1991 and thereafter the petitioner continued and now by the impugned order dated 3.2.1997 he has been terminate...
Tag this Judgment!Sachindra Nath Dubey Vs. Union of India (Uoi) and ors.
Court: Patna
Decided on: Dec-01-2005
1. This appeal is directed against the judgment and order by which a learned Single Judge of this Court dismissed the appellant's writ petition (C.W.J.C. No. 9112 of 2000) seeking a direction to the concerned authorities in the Government of India to grant him the President's Police Medal for his acts of gallantry while he was in service.2. The appellant-writ petitioner is a retired police officer who after retirement from service has joined the Bar and has taken to the practice of appearing in person in cases in which he is the petitioner. After being quite unmindful of his claim for more than 16 years, he now seems to be pursuing it with unusual tenacity. From 1996, when the began to pursue the claim in earnest, he has come before the Writ Court three times (not counting the MJ.Cs. filed in-between) and in the third round, the matter has been brought before the Divisional Bench in the internal Court Appeal.3. The claim of the petitioner is based on occurrences taking place on ' 20.5...
Tag this Judgment!Bharat Wagon and Engineering Company Ltd. and anr. Vs. Hi-tech Abrasiv ...
Court: Patna
Decided on: Dec-01-2005
1. This appeal is directed against the judgment and order which a learned Single Judge allowed the writ petition filed by the respondent and directed the appellant company to make payment of the admitted monetary dues to the respondent within a specified time.2. The writ petitioner-respondent filed C.W.J.C. No. 2672 of 2003 seeking a direction to the appellant, a Government of India Undertaking, to make payment for the materials supplied to it in October, 2000. On behalf of the appellant it was admitted that it owed Rs. 1,87,152/- to the writ petitioner. It was, however, stated that it had become sick and the matter of its financial rehabilitation was pending before the Board of Industrial and Financial Reconstruction under the provisions of Sick Industrial Companies (Special Provisions) Act, 1985. It was further pointed out that in those circumstances any claim against the appellant company for payment of money was barred by Section 22 of the Act. The learned Single Judge simply brus...
Tag this Judgment!Vijay Paswan and ors. Vs. State of Bihar and anr.
Court: Patna
Decided on: Dec-01-2005
M.L. Visa, J.1. Heard.Petitioners have filed this application for quashing order dated 30.08.2000 passed by Chief Judicial Magistrate, Araria in Complaint Case No. 1470C of 2000 under Sections 376, 341, 323, 504 of Indian Penal Code by which, after taking cognizance, non- bailable warrant of arrest against the petitioners was issued, order dated 17.09.2002 passed by Sessions Judge, Purnea in Criminal Revision No. 441 of 2000 whereby and whereunder the revision filed by the petitioners against order dated 30.08.2000 passed by learned Chief Judicial Magistrate, Araria was dismissed and also order dated 3.12.2004 passed by Chief Judicial Magistrate, Araria by which his earlier order dated 30.08.2000 has been reiterated.2. Learned Counsel of petitioners submits that on the basis of complaint petition filed by opposite party No. 2 against the petitioners under Sections 376, 341, 323, 504 of Indian Penal Code, the learned Chief Judicial Magistrate, Araria, without examining the witnesses of...
Tag this Judgment!Vaidya Nath Prasad Srivastava and ors. Vs. State of Bihar and ors.
Court: Patna
Decided on: Dec-01-2005
R.N. Prasad, J.1. In all these matters the question of allotment of flat/house, execution of agreement/final deed of transfer and further demand by the Housing Board is involved and, as such, they have been heard together and are being disposed of by common judgment and order. C.WJ.C.No. 11808/982. The petitioner filed an application pursuant to the advertisement for purchase of M.I.G. House and deposited earnest money as required. He was allotted M.I.G. House No. 90 on 21.9.1981 and a hire purchase agreement was executed on 9.12.1981. The price was fixed in 1972 at Rs. 36,000, in 1978 at Rs. 58,000, and in 1981 at Rs. 66,382. On 4.12.1982 the allotment was cancelled. However, the said order of cancellation was quashed by the High Court. The possession of the House was handed over to the petitioner on 5.12.1992. He made payment of the entire instalments at one time within the stipulated period fixed by the Board on 14.11.1994. On 11.3.1996 the petitioner was intimated the due amount o...
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