Patna Court February 2006 Judgments
Arun Kumar Sao Vs. State of Bihar
Court: Patna
Decided on: Feb-28-2006
Rekha Kumari, J.1. This is an application filed under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the Code) for quashing the order dated 11.1.2005 passed by the learned Sessions Judge, Nawadah in Criminal Revision No. 136 of 2004 by which he has affirmed the order dated 17.9.2004 passed by Sri Om Prakesh, J.M. 1st Class, Nawadah in Misc. Case No. 30 of 2003 granting ad interim maintenance to the wife and the two minor children at the rate of Rs. 750/- in total per month.2. Heard.3. Learned Counsel for the petitioner submitted that the petitioner is ready to maintain his wife and children. Hence, there is no question of granting any ad interim maintenance. He also submitted that that the wife had refused to live with the petitioner and hence, under the law she is not entitled to get maintenance from him. Besides this, the petitioner is a labourer and is not in a position to pay separate maintenance to the wife and children, though he is ready to main...
Tag this Judgment!Kashi Nath Vs. State and ors.
Court: Patna
Decided on: Feb-28-2006
V.N. Sinha, J.1. Heard Sri Abhay Kumar Singh, learned Senior Advocate for the petitioner and Sri Haemendra Prasad Singh for the State of Bihar. 2. The petitioner who earlier served as the Jail Superintendent in the Central Jail at Gava has filed this writ petition questioning the correctness and the validity of the order dated 22.1.2006. Annexure-2, whereunder the Inspector General, Prison, Bihar has placed him under suspension fixing his Headquarters in the Inspectorate at Patna on the charge of deritiction of duty as three dreaded prisoners managed to escape from the Central jail after digging a tunnel and that the petitioner failed to inform the Headquarters about the escape of three prisoners from Central Jail, Gaya.3. Learned Counsel for the petitioner has assailed the said order as violative of Rule 9 of the Bihar C.C.A. Rules, 2005 as the said order has been passed by the I.G., Prison who is neither the Appointing Authority nor the Authority superior to the Appointing authority...
Tag this Judgment!Binod Mishra Vs. the State of Bihar and ors.
Court: Patna
Decided on: Feb-24-2006
Radha Mohan Prasad, J.1. In this writ petition, the petitioner has assailed the validity of the office order dated 19.3.2004 of the Chief Engineer, Water Resources Department, Dehri, whereby and whereunder his adjustment on the post of Typist Clerk in the regular establishment vide order contained in letter No. 870 dated 11.5.1988 by the then Chief Engineer, Water Resources Department, Purnea has been cancelled after almost 16 long years.2. According to the Chief Engineer, the said order of adjustment of the petitioner from Class IV to Class III was irregular as per Department's letter No. 3875 dated 19.8.1995 and as such he passed the order in the light of the Department's letter No. 1172 dated 11.8.1998, and, however, directed that no recovery of the alleged excess amount drawn by him shall be made.3. The case of the petitioner is that in the year 1978 about 4159 posts of Class IV and about 7535 posts in 3rd grace were created since creation of 56 Circles and 225 Divisions in the t...
Tag this Judgment!Bihar School Examination Board, Patna Vs. Mamta
Court: Bihar State Consumer Disputes Redressal Commission SCDRC Patna
Decided on: Feb-24-2006
Dr. (Mrs.) G. Venkataraman, Member 1. The appellant is Secretary, Bihar School Examination Board and the respondent is Mamta. The appeal is against an order dated 28.11.1996 passed by the District Forum, Motihari in Complaint Case No. 155 of 1993, whereby the District Forum had ordered the appellants to pay Rs. 25,000 as compensation and Rs. 1,000 as cost to the complainant for deficiency in service. 2. Briefly the complaint was to the effect that after undergoing training between 1977-79 in the Primary Teachers Training College at Motihari, the complainant passed out in May, 1998. After more than year and a half the appellant-Board arranged an examination for appointment of teachers. The complainant took the examination, the results of which were published by the Board after another delay of one and a half years but her result was withheld on the ground that two of her answer books were not evaluated. As a result she could not take examination held in 1991, 1992 and 1993 for selection...
Tag this Judgment!State of Bihar and ors. Vs. Shakti Tubes Ltd. Co.
Court: Patna
Decided on: Feb-23-2006
Manohar Lal Visa, J.1. This appeal is directed against the judgment and decree dated 18-1-2000 passed by Sub-Judge-I, Patna in Money Suit No. 131 of 1997 decreeing the suit on contest with cost.2. Brief facts of the case are that M/s. Shakti Tubes Limited Company, sole respondent, filed Money Suit No. 131 of 1997 in the Court of sub-Judge-I, Patna stating therein that it is a company incorporated under the Companies Act and is Small Scale Industry and has been registered as such by Industries Department, Government of Bihar, and is manufacturing Mild Steel Black Pipes. Minor Irrigation Department, Government of Bihar of which appellants No. 2. 3 and 4 are Secretary, Additional Secretary and Chief Engineer, respectively issued notice inviting tenders for supply of 25 lakh metres of Mild Steel Black Pipes of 4' (100 mm) dia., nominal bore and of thickness 3.60 mm. In pursuance of notice inviting tender the respondent as well as others submitted tenders in prescribed proforma and tender...
Tag this Judgment!Mehi Lal Sharma and anr. Vs. State of Bihar
Court: Patna
Decided on: Feb-23-2006
Sadanand Mukherjee, J.1. The appellants have preferred this appeal being aggrieved by the judgment dated 11-10-2001 passed in Sessions Trial No. 327 of 1989/155 of 2001 arising out of Hussainganj P.S. Case No. 118 of 1988 passed by 1st Additional Fast Track Court, Siwan, wherein and whereunder the appellants have been convicted for the offence punishable under Sections 302/34 of the Indian Penal Code and each of them has been sentenced to suffer imprisonment for life and fine of Rs. 5,000/-and in default of payment of fine each of them has been sentenced to suffer further imprisonment of two years R.I.2. In course of trial four accused persons, namely, Mehi Lal Sharma. Radheshyam Sharma, both the appellants, Manoj Sharma and Rajpati Devi were sent up for trial for the offence under Sections 302/34 of the I.P.C. In course of trial both Manoj Sharma and Rajpati Devi were found to be entitled for benefit of doubt and they were not found guilty under Section 302/34 of the I.P.C. They were...
Tag this Judgment!Oriental Insurance Company Ltd. Vs. Smt. Saroj Gupta and anr.
Court: Patna
Decided on: Feb-21-2006
Navin Sinha, J.1. The present appeal arises from the judgment in Misc. Appeal No. 242 of 1993 affirming the order dated 15.3.1993 in Claim Case No. 67 of 1988 passed by the Additional Motor Accidents Claims Tribunal, Muzaffarpur. The appellant alone has been held liable by both the courts to pay the entire quantum of compensation to respondent No. 1 on the premise that the nature of the insurance policy taken by respondent No. 2 upon the appellant was 'comprehensive' in nature. The liability to third parties was unlimited over and above the insurance coverage to the vehicle and to the owner of the vehicle.2. On 16.7.1988 an accident took place in Village Madhaul, in the district of Muzaffarpur. One Alok Kumar Gupta was driving a motorcycle with a pillion ridder. The 'motorcycle was hit by a jeep being driven by respondent No. 2, who was also its owner. The deceased Alok Kumar Gupta was treated at Muzaffarpur and subsequently at Patna. Unfortunately he did not survive.3. The deceased w...
Tag this Judgment!Gyandeo Sharma Vs. State of Bihar and ors.
Court: Patna
Decided on: Feb-21-2006
Rekha Kumari, J. 1. This is an application under Section 482 of the Code of Criminal Procedure for quashing the order dated 3-12-2004 passed in Revision Case No. 342/2003 by Addl. Sessions Judge III, Patna by which he has upheld the order dated 22-3-2003 passed by the learned sub-divisionalMagistrate, Sadar Patna in Misc. Case No. 1923(MJ 1987 whereby he (S.D.M.) has dropped the proceeding under Section 145, Cr. P.C. under the provisions of Section 145(5) Cr. P.C.2. Heard learned Counsel for the petitioner.3. It appears that a proceeding under Section 145, Cr. P.C. was initiated between the parties in respect of 5 kathas of land of Plot No. 901 Khata No. 50, Mauza Hajapur. The parties appeared and filed their show cause. Witnesses on behalf of the petitioner were also examined. The second party of the proceeding (O. Ps. Nos. 2 to 11) then filed a petition under Section 145(5) Cr. P.C. for dropping the proceeding on the ground that Title Suit No. 538/93 is subjudiced between the partie...
Tag this Judgment!Dr. (Mrs.) Shushma Pandey Vs. State of Bihar
Court: Patna
Decided on: Feb-21-2006
Chandramauli Kr. Prasad, J.1. Both the appeals under Clause 10 of the Letters Patent have been preferred against the common judgment dated 2.4.2002 passed by a learned Single Judge of this Court in CWJC No. 13816 of 2001; Dr. (Mrs) Sheela Sharma v. The State of Bihar and Ors. and as such, they were heard together and are being disposed of by this common judgment.2. To put the record straight, LPA No. 171 of 2003 has been filed by the State of Bihar and is barred by limitation. However, an application for condonation of delay is filed and by order dated 5.3.2003, the limitation petition was directed to be considered at the time of admission. In the limitation petition, the State of Bihar has stated the reasons which caused delay in filing the appeal, which grounds, according to the contesting respondents, are not sufficient to condone the delay. Validity pf the order has necessarily to be gone into in the other letters patent appeal and, as such, we are not inclined to dismiss the lett...
Tag this Judgment!The State of Bihar and ors. Vs. Shakti Tubes Limited
Court: Patna
Decided on: Feb-20-2006
Rekha Kumari, J.1. This appeal is directed against the judgment and decree dated 31.5.1999 passed by Shri Nritya Nand Sinha, Subordinate Judge 1st, Patna in Money Suit No. 153 of 1997 by which he has decreed the suit with costs in favour of the plaintiff-respondent and has ordered the defendants-appellants to pay interest compounding at monthly rests at the rate of 24%: per annum on the decreetal amount of Rs. 38,13,480/- of Money Suit No. 97 of 1996, with effect from 1.6.1993 till realisation.2. The case of the respondent is that the plaintiff is a Company incorporated under the Indian Companies Act and is registered as a Small Scale Industry in the Industries Department Bihar. It manufactures Mild Steel Black Pipes. The defendant Chief Engineer, Minor Irrigation Department issued, notice inviting tenders for the supply of E.R.W. M.S. Black Pipes 100mm N.B. Light Class. The date of opening of the tenders was 21.3.1992. The plaintiff submitted its tender on 21.3.1992 for Supply of 11 ...
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