Patna Court February 2005 Judgments
Ramadhar Sharma and ors. Vs. State of Bihar
Court: Patna
Decided on: Feb-08-2005
M.L. Visa, J.1. Being aggrieved by the judgment dated 17-8-2001 and order dated 20-8-2001 passed by 1st Additional Sessions Judge, Jehanabad in Sessions Trial No. 143 of 1994 convicting and sentencing all the three appellants to undergo rigorous imprisonment for life under Section 302/34 of Indian Penal Code (in short 'I. P. C.') for causing the death of Ramashray Sharma and convicting them under Section 325/34 of I. P. C. for voluntarily causing grievous hurt to informant Ramadhar Sharma (having the same name as one of the appellants but since dead) but passing no separate sentence under this head, the appellants have preferred this appeal.2. The case of prosecution, in short, is that on 19-1-1992, informant Ramadhar Sharma at about 7.30 a.m. was tying his bullocks in his Bathan situate in the Parti land in front of his Dalan when appellant Ramadhar Sharma came there and asked him not to tie his bullocks there. On reply of the informant that he used to tie his cattle there, all the t...
Tag this Judgment!Bijay Singh and ors. Vs. the State of Bihar
Court: Patna
Decided on: Feb-08-2005
Ghanshyam Prasad, J.1. This appeal has been preferred against the judgment and order dated 29.5.1992 passed by the 9th Additional Sessions Judge, Gaya in Sessions Trial No. 54/89/189/89 thereby and thereunder all the appellants have been convicted and sentenced to undergo rigorous imprisonment for seven years each under Sections 326/149 of the Indian Penal Code (hereinafter referred to as 'the Code')2. All the eight appellants faced trial under Sections 307/149 of the Indian Penal Code for assaulting one Ratneshwar Sharma by means of Pasuli. However, the learned lower Court after consideration of evidence has convicted all the appellants under Section 326/149 of the Code.3. The prosecution case, as revealed in fardbeyan (Ext. 1), is as follows; On 17th May, 1988 at 6-7 a.m., the informant, Suresh Sharma, (PW 1) along with injured Ratneshwar Sharma (PW 2), who is his nephew, was going to Jehanabad for his own treatment. On the way near brick-kiln the informant stopped to urinate. In th...
Tag this Judgment!Md. ShahabuddIn Vs. the State of Bihar
Court: Patna
Decided on: Feb-08-2005
Rajendra Prasad, J.1. Heard Mr. Y.V. Giri learned Sr. counsel for the petitioner. Mr. Birendra Kr. Sinha learned Sr. Counsel for the Presiding Officer. Fast Track Court Mr. Rakesh Kumar learned Standing Counsel. C.B.I. Mr. Lala Kailash Bihari Prasad learned counsel appearing as amicus curiae and the learned Govt. Advocate Mr. S.D. Yadav.2. In view of the direction of the Hon'ble Supreme Court passed in Criminal Appeal No. 1242 of 2004, arising out of SLP (Crl). No. 3778 of 2004. On 1st November, 2004 this order shall dispose of the contempt proceedings initiated against the petitioner and the Presiding Officer. Fast Track Court together with bail prayer of the petitioner on merit.3. The petitioner is in custody and facing trial in Sessions Trial No. 63 of 2004 arising out of Siwan (Mufassil) P.S. case no. 8 of 2001 for offences under Sections 364/34 IPC and 27 of the Arms Act. Earlier trial of petitioner was being conducted by the then Presiding Officer. Fast Track Court Sri Anan Pras...
Tag this Judgment!Shabbir Alam Vs. Bihar State Electricity Board and ors.
Court: Patna
Decided on: Feb-04-2005
S.K. Katriar, J.1. A large number of writ petitions have been coming up before this Court and continue unabated in spite of a large number of reported judgments on the question whether or not money benefits granted to an employee while in service can be recovered from him after an appreciable length of time, particularly from his post-retirement benefits. Because of conflict of judgments rendered by Courts earlier on this point, it has become increasingly difficult for Single Judge Benches, and perhaps Division Benches also, to discern consistent principles and apply them uniformly. Without being exhaustive, the following are the broad features of such writ petitions.(i) A money benefit is conferred on the employee allegedly wrongly while in service which is sought to be recovered after a long lapse of time, generally after retirement from the post-retirement benefits;(ii) Very often the employee is given the increments granted after having passed the Hindi Noting and Drafting Examina...
Tag this Judgment!Kaushlendra Singh @ Kaushlendra Kumar Vs. State of Bihar and anr.
Court: Patna
Decided on: Feb-04-2005
P.K. Sinha, J.1. This is an application under Section 482 of the Code of Criminal Procedure ('The Code' in short) for quashing order dated 12.1.2000 recorded by the learned Judicial Magistrate, Begusarai by which the learned Magistrate had summoned the petitioner to face trial along with other accused persons, and had issued non-bailable warrant of arrest against him for his appearance, as well order dated 25.9.2002 recorded by the learned 4th Additional Sessions Judge, Begusarai in Criminal Revision No. 35 of 2000 by which the learned Additional Sessions Judge had affirmed the order dated 12.1.2000, aforesaid, and had dismissed the revision.2. Both sides are agreed on the following facts:(1) The case had been filed by Bandana Kumari, wife of the petitioner in Begusarai Muffassil P.S. Case No. 228 of 1997 under Section 498A read with Section 34 of the Penal Code making various allegations.(2) The Police after investigation submitted charge-sheet against the father-in-law and mother-in...
Tag this Judgment!Panwati Devi and ors. Vs. Nirakhni Devi and ors.
Court: Patna
Decided on: Feb-03-2005
R.N. Prasad, J.1. The revision petition has been filed against the order dated 10.2.2004 passed by the 3rd Additional Sessions Judge, Samastipur in Title Appeal No. 49 of 2000 whereby the appeal has been dismissed on the ground of limitation.2. The plaintiff-opposite party filed Title Suit No. 3 of 1994 before the Munsif. 1st Court, Samastipur for declaration of title and recovery of possession over the suit land measuring an area of six kathas appertaining to Tauzi No. 891, khata No. 501, Khesra No. 1275 situated in village Chaksaho district Samastipur.3. The suit was decreed on 20.12.1999. The petitioners preferred the above mentioned Title Appeal No. 49 of 2000 against the judgment and decree passed by the Munsif, 1st Court, Samastipur in Title Suit No. 3 of 1994. They also filed a petition for condoning the delay in filing the appeal. The Appellate Court dismissed the appeal by the impugned order on the ground of limitation holding that no sufficient cause has been shown for condo...
Tag this Judgment!Kamta Prasad Sharma Vs. State of Bihar and ors.
Court: Patna
Decided on: Feb-03-2005
Barin Ghosh, J.1. Heard learned counsel for the parties.2. Bihar Service Code has been framed under proviso to Article 309 of the Constitution of India. Rule 58 thereof is as follows :'Rule 58(a). Subject to any exception specifically made in these rules and to the provisions of Clause (b) of this rule, a Government servant shall begin to draw the pay and allowances attached to his tenure of a post with effect from the date on which he assumes the duties of that post, and shall cease to draw them as soon as he ceases to discharge those duties;(b) Unless in any individual case the State Government otherwise direct a person recruited overseas shall commence to draw pay on first appointment as follows :--(i) In the case of a person who receives a first class passage to India, from the date of his arrival in India, (subject to his proceeding to take up his duties without avoidable delay)(ii) In the case of a person who receives a second class passage to India, from the date of his embarka...
Tag this Judgment!Shashi Bhushan Roy and ors. Vs. State of Bihar and ors.
Court: Patna
Decided on: Feb-03-2005
Chandramauli Kumar Prasad, J.1. This application has been filed for issuance of a writ in the nature of certiorari for quashing the order dated 27.9.1997 passed by the Director, Primary Education, (Annexure-4) whereby the prayer made by the petitioners for appointment as Assistant Teachers has been declined. Further prayer made by the petitioners is to issue a writ in the nature of mandamus commanding the respondents to appoint them as Assistant Teachers.2. Short facts giving rise to the present application are that an advertisement was issued in the year 1985 for appointment to the post of Assistant Teachers. In pursuance of the said advertisement merit lists were prepared categorywise alleging that person below them in the merit list/waiting list have been appointed, petitioners preferred CWJC No. 10282 of 1993, Sashi Bhushan Rai and Ors. v. State of Bihar and Ors., before this Court. A division Bench of this Court by order dated 3.3.1994 (Annexure-2) disposed of the said writ appli...
Tag this Judgment!Yogi Choudhary and Etc. Vs. State of Bihar
Court: Patna
Decided on: Feb-03-2005
M.L. Visa, J. 1. Both these appeals arising out of the same judgment and order dated 9-5-2001 passed by 5th Additional Sessions Judge. Begusarai, in Sessions Trial No. 53/99 convicting and sentencing both the appellants to undergo R. I. for life under Section 302/34 of the Indian Penal Code (in short IPC) and to undergo R. I. for life under Section 27 of Arms Act but ordering both the sentences to run concurrently are being disposed of by this common judgment.2. The case of prosecution briefly stated is that on 27-6-1998 informant Sadhu Sharan Paswari (PW-10), the then chaukidar of Bit No. 10/4 was on duty at the house of Shailendra Kunwar (PW-9) Situate at Village Kunwar Toil, P. S. Karpura, District-Begusarai, where he was deputed after the murder of Pankaj Kunwar son of Shailendra Kunwar in the month of April. On that day in the night when informant was making preparation for going to bed at about 12.30 O' Clock in the night he found 5-6 persons flashing torch light coming from so...
Tag this Judgment!Pathar Udyog Sangh, Through Its Secretary Krishna Deo Singh Vs. the St ...
Court: Patna
Decided on: Feb-02-2005
R.S. Garg, J.1. Heard learned Counsel for the parties.2. The petitioner being aggrieved by the order dated 26.2.2000 passed by the Mines Commissioner, Bihar, Patna in Case No. 329/1999 is before this Court.3. The summary of the facts are that the petitioner is an Association of the stone crusher owners. They are engaged in crushing the stones and converting the same into small chips. On an earlier occasion it was found that these stone crushers were using illegally quarried stones, certain enquiries were made. The premises of the stone crushers were sealed but the learned Deputy Director of Mines, Magadh Anchal, Gaya by his order dated 2.12.1999 passed in Appeal Case No. 6/1999-2000 directed to remove the seats. When this came to the notice of the District Magistrate, Gaya he made an application to the Mines Commissioner bringing to his notice the illegalities committed by the Deputy Director of Mines. After receiving the application, the Mines Commissioner registered a case suo motu ...
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