Patna Court January 2007 Judgments
isidor Lakra and ors. Vs. State of Bihar and ors.
Court: Patna
Decided on: Jan-19-2007
Aftab Alam, J.1. Heard Mr. D.K. Sinha, Senior Advocate appearing for the petitioners.2. According to the petitioners, though they were promoted as Armourer Havildar prior to Lalan Prasad Singh, Ramdeni Singh and some others, they were shown below them in the gradation list, dated 16.10.2001 (Annexure 2) and on objections raised by the petitioners, the date of promotion granted to those people was shifted back and they too were promoted as Armourer Havildars from the same date as the petitioners. This writ petition is filed challenging the gradation list, dated 16.10.2001 (Annexure 2) and the order dated 15.11.2002 by which the DIG of Police (Prison) shifting back the promotion granted to the other people as Armourer Havildar from the date the petitioners were promoted.3. Curiously enough, the writ petition was filed without impleading as parties any of those over whom the petitioners claimed seniority. During the pendency of the case, one person, namely, Akhilesh Kumar Vatsa filed an ...
Tag this Judgment!Shyama Charan Sinha Vs. the State of Bihar and ors.
Court: Patna
Decided on: Jan-18-2007
J.N. Singh, J.1. Heard learned Counsel for the parties.2. In this writ application petitioner has prayed for quashing of the office order No. 4644 dated 22.10.2001 issued by the Managing Director, Bihar State Co-operative Bank Ltd. (Respondent No. 3), appointing the Deputy General Manager-cum-Chief Vigilance Officer as Conducting Officer of his enquiry (Annexure-5), enquiry report dated 9.4.2002 (Annexure-15/B) and the punishment order dated 21.5.2002 (Annexure-18). By the punishment order 50% of the petitioner's leave salary and other amounts payable to him have been ordered to be forfeited.3. The short point raised by the petitioner in this case is that as per Standing Regulation of the Bank, the Managing Director himself was to hold enquiry in the case of superior staff of the Bank, whereas in this case the Managing Director has delegated his power of enquiry to the Chief Vigilance Officer who was subordinate to him and therefore the enquiry is completely vitiated on account of vio...
Tag this Judgment!Gabbar Singh Alias Rajesh Sahani and Ramadhar Sahani Vs. the State of ...
Court: Patna
Decided on: Jan-17-2007
Chandramauli Kr. Prasad and Jayanandan Singh, JJ.1. The two appellants, father and son, were put on trial for commission of offence under Section 302/34 of the Indian Penal Code. Appellant No. 1 Gabbar Singh was further charged for committing the offence under Section 27 of the Arms Act. Eleventh Additional Sessions Judge, Saran at Chapra by judgment dated 8th of February, 2002 passed in Sessions Trial No. 237 of 2000 held both the appellants guilty of offence under Section 302/34 of the Indian Penal Code and sentenced them to undergo rigorous imprisonment for life. Appellant No. 1 was further found guilty of offence under Section 27 of the Arms Act and sentenced to undergo rigorous imprisonment for two years. Sentences awarded to appellant Gabbar Singh were directed to run concurrently.2. Aggrieved by the judgment of conviction and sentence appellants have preferred this appeal.3. Prosecution story, according to fardbeyan given by P.W.5 Nagendra Singh, before the Sub Inspector of the...
Tag this Judgment!Sri Rakesh Kumar Saraf Vs. the Administrator, Bhagalpur Municipal Corp ...
Court: Patna
Decided on: Jan-16-2007
Chandramauli Kr. Prasad, J.1. Plaintiff, aggrieved by the order dated 30th of July, 2005 passed by the Subordinate Judge, I, Bhagalpur in Misc. Case No. 13 of 2004, setting aside the ex parte judgment and decree dated 18.12.2000 passed in T.S. No. 137 of 1999, has preferred this application.2. Plaintiff filed T.S. No. 137 of 1999 against survey entry impleading Bhagalpur Municipal Corporation, hereinafter referred to as Corporation, as the sole defendant. By an ex parte judgment and decree dated 18.12.2000, suit was decreed. Defendant, aggrieved by the same, filed application Under Order 9 Rule 13 of the Code of Civil Procedure, hereinafter referred to as 'CPC', for setting aside the aforesaid ex parte judgment and decree. Said case was registered as Misc. Case No. 14 of 2001. Defendant averred in the application that summons of title suit was received by Md. Javed, Law Clerk on 20th of August, 1999 when the employees of the Corporation, on the call of Mahasangh of the Non-gazetted of...
Tag this Judgment!Deputy Manager, Biscomaun and ors. Vs. Sri Hardeo Prasad
Court: Patna
Decided on: Jan-16-2007
Ramesh Kumar Datta, J.1. The petitioners have approached this Court by filing the civil revision application against the order dated 27.8.2004 passed by the Sub Judge-I, Hilsa (Nalanda) by which the prayer of the petitioners to dismiss the Execution Case No. 1 of 1999, on the ground that it is not maintainable and barred by the law of res judicata, has been rejected.2. The brief facts of this case are that the opposite party had filed a petition for fixation of fair rent before the House Controller being B.B.C. Case No. 9 of 1983-84 in which the Controller determined the fair rent of the premises at Rs. 1800/- per month by order dated 28.9.1987. Thereafter the opposite party filed an application before the Controller for passing necessary order directing the petitioners to pay the rent so fixed by the Controller and the same was directed by the Controller to be paid within one month from the date of receipt of the order. Thereafter the opposite party filed an Execution Case being Exec...
Tag this Judgment!Biriu Sah, Vs. the State of Bihar
Court: Patna
Decided on: Jan-16-2007
Shiva Kirti Singh and Dharnidhar Jha, JJ.1. Learned counsel for the appellants has produced before this.court the original death certificate dated 27-12-2005 which shows that appellant No. 4. Bindeshwar Sah died on 13-12-2005. A photo-stat copy of the aforesaid death certificate issued by District Board. Nawadah be kept on record and let this appeal abate in respect of appellant No. 4 Bindeshwar Sah. In respect of appellant No. 5. Pramila Devi, learned Counsel for the appellants is permitted to correct the name of her husband as Bindeshwar Sah in place of Muneshwar Sah.2. This appeal is directed against the judgment and order dated 19-2-2002 passed by learned Additional Sessions Judge, II. Nawadah in Sessions Trial No. 132/2001 Trial No. 98 of 2001 ( Arising out of Nawadah P.S. Case No. 242 of 2000. All the appellants have been convicted under Sections 304B/34, 201/34 and Section 498A of the I. P.C. For offence under Section 304B/34 I.P.C. they have been awarded rigorous imprisonment ...
Tag this Judgment!Wasim Ahmad and ors. Vs. the State of Bihar and anr.
Court: Patna
Decided on: Jan-16-2007
Ghanshyam Prasad, J.1. Heard.2. This application under Section 482 Cr.P.C. has been filed to quash the order dated 27.4.2006 passed by Sessions Judge, Buxar in Cr.Revision No. 190 of 2005 and Cr. Revision No. 5 of 2006 as well as order dated 6.12.2005 passed by S.D.J.M., Buxar In Complaint Case No. 528C of 2000, trial No. 399 of 2005. The S.D.J.M. vide above order has rejected the petition of the petitioners fur discharge which was later on confirmed by the learned Sessions Judge vide above orders.3. The allegation is that the petitioners have soma lands in Darjiling, West Bengal. On 5.11.1993 the complainant/opposite party No. 2 gave Rs. 80,000/- through cheque to the petitioners for plantation of tea on partnership basis. According to the term in profits, the opposite party was to get equal share to that of the petitioners.4. However, it never happened and the entire money of the complainant was misappropriated by the petitioners and inspite of repeated demands, it was not returned....
Tag this Judgment!Arbind Sharma @ Pappu Sharma and anr. Vs. Ram Chander Sharma
Court: Patna
Decided on: Jan-15-2007
Ramesh Kumar Datta, J.1. In this civil revision application, the petitioners are aggrieved by the order dated 17.7.2004 passed by the Second Additional District Judge, Kaimur at Bhabhua in Title Appeal No. 8/8 of 2001 by which he has allowed the petition filed by the defendant-appellant-opposite party holding that it is necessary that the document in question be taken as additional evidence in exercise of powers under Order 41 Rule 27 of the Code of Civil Procedure.2. The plaintiff-respondent-petitioners had filed Title Suit No. 55 of 1990 for a declaration that the gift deed dated 15.12.1989 purportedly executed by Most. Eitwari Kuer was never executed by her and the same is forged, fraudulent and void and is not binding on the plaintiffs. In short, the case of the plaintiffs was that on the death of the said Etiwari Kuer in the night of 14/15.12.1989 at her village, at about 10.40 A.M. on 15.12.1989 she was cremated at Harischandra Ghat, Varanasi in presence of both the plaintiffs a...
Tag this Judgment!Binay Kumar Chaudhary Vs. the Bank of India and ors.
Court: Patna
Decided on: Jan-15-2007
J.N. Singh, J.1. In this writ application petitioner has challenged the order of punishment dated 22.9.2003, as contained in Annexure-9 as well as order of the appellate authority dated 30.12.2003, as contained in Annexure-11. By the punishment order petitioner has been removed from service with superannuation benefits and without disqualification for future employment. The appellate authority has affirmed the order of punishment and dismissed the appeal of the petitioner.2. The case of the petitioner in a nutshell is that he was Staff Clerk-cum-Cashier with the Respondent-Bank. Petitioner was served with show cause notice on 7.9.2002, as contained in Annexure-1, in which two allegations were levelled against him. The allegations against him were as follows:(i) On 24.9.2001 petitioner received excess amount of Rs. 1,000/- and after three months he returned the same on 20.12.2001 to the customer upon receipt of the complaint by one Janardan Sah.(ii) On 8.12.2001 while working as paying...
Tag this Judgment!Sanjay Kumar Vs. State of Bihar and ors.
Court: Patna
Decided on: Jan-15-2007
Ramesh Kumar Datta, J.1. I.A. No. 2047 of 2006 has been filed praying for modification in the prayer portion of the writ application in order to include the prayer for quashing memo No. 251 dated 28.4.2006, as contained in Annexure-9 in the I.A., by which it has been ordered that Rs. 17,441,75 will be recovered from the petitioner's salary in 30 installments. The said order being in continuation of the earlier order dated 18.8.1999 and 31.3.2006 by which the time bound promotion granted to the petitioner on 26.11.1994 was cancelled and the same was granted from 30.7.1996 and direction for recovery of the excess amounts between the said period had been made.2. In the circumstances, the interlocutory application is allowed by permitting the said amendment in the prayer portion of the writ application.3. Heard Mr. Rajendra Prasad Singh, learned Senior counsel appearing for the petitioner and learned Standing Counsel No. 12, for the State.4. The petitioner had filed the present writ appli...
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