Patna Court September 2007 Judgments

Hira Singh and Bikrama Singh Vs. State of Bihar

Court: Patna

Rekha Kumari, J. 1. Both the appeals arise out of the same Sessions Trial No. 102 of 1982/212 of 2001 and as such they have been heard together and this judgment would dispose of both of them. There was one more appeal being Criminal Appeal No. 437 of 2002 arising out of the same Sessions Trial but the sole appellant, in that appeal, namely, Chhotan Singh died during the pendency of the appeal. Therefore, that appeal has abated. Similarly in Criminal Appeal No. 440 of 2002, one of the appellants, namely, Dwarika Singh died during the pendency of the appeal. The appeal so far that appellant also has abated.2. In the above sessions trial the learned Adhoc District & Sessions Judge-cum-Fast Track Court, Siwan has convicted the appellants named above under Section 302/34 of the Indian Penal Code for committing murder of one Mahadeo Singh and sentenced them to undergo imprisonment for life and to pay a fine of Rs. 5000/-each and in default to undergo rigorous imprisonment for two years.3. ...

Sood S.K. and anr. Vs. State of Bihar and anr.

Court: Patna

S.C. Jha, J.1. Petitioners S.K. Sood, Ex-Chief Works Manager, Eastern Railway Workshop, Jamalpur, Munger, presently posted as Dean and Sr. Professor (UGT), Indian Railway Institute of Mechanical and Electrical Engineering, Eastern Railway, Jamalpur, Munger and Permanand Sharma, Ex-Deputy Chief Mechanical Engineer (Project), Eastern Railway Workshop, Tamalpur, Munger, presently posted as Dy. Chief Mechanical Engineer (Coach/Wagon), Eastern Railway, Kancharapara (West Bengal) have filed this application for quashing the entire criminal proceeding including the order of cognizance dated June 22, 2004 passed by learned Chief Judicial Magistrate, Munger, in Complaint Case No. 63C7/2004, presently pending before the Court of Sub-Divisional Judicial Magistrate, Munger, for offence under Section 55A(2) of the Factories Act.2. Heard learned Counsel for the petitioners and learned A.P.P. for the State.3. The opposite party No. 2 Vinay Kumar, Inspector of Factory, Munger Anchal, Munger, has lodg...

Chandeshwar Mandal Alias Channa Mandal and Khirkhar Mandal Vs. the Sta ...

Court: Patna

Syed Md. Mahfooz Alam, J.1. This appeal has been preferred against the judgment dated 15.12.1987 passed in Sessions Trial No. 140 of 1983 / 53 of 1985 by third Additional Sessions Judge, Madhubani whereby he has been pleased to convict both the appellants, namely, Chandeshwar Mandal alias Channa Mandal and Khirkhar Mandal under Sections 376 and 302/34 of the Indian Penal Code (hereinafter referred to as 'I.P.C.') for the offence of committing rape and murder of the informant's daughter-in-law 'Khatoon' in prosecution of their common intention. Having been convicted, the appellants were sentenced to undergo imprisonment for life under Section 302/34 of the I.P.C. and rigorous imprisonment for ten years under Section 376 of the I.P.C. However, the learned court ordered that both the sentences shall run concurrently.2. The prosecution case, as per the fardbeyan (Exhibit 3) of P.W.11 Gafoor Mian of village Kusumahi recorded by S.I. Dasrath Singh of Laukahi Police Station on 1.4.1983 at 8....

Mahesh Ram, Vs. State of Bihar and ors.

Court: Patna

Navaniti Pd. Singh, J.1. The present writ application had been filed by the three petitioners-Mahesh Ram, Ganesh Ram and Chandradeo Ram. It may be mentioned that Mahesh Ram (petitioner No. 7) died during the pendency of this writ application and has been substituted by his mother (Bachhi Devi), his father already having pre- deceased, brother Ganesh Ram being on record already. The three petitioners were made accused in Matihani P.S. Case No. 59 of 2000, which was instituted on 9.10.2000 under Sections 302, 201, 307 and 353/34 IPC instituted against unknown. They were arrested, chargesheeted but later, after eight months released and later discharged as no offence at all was committed.2. The FIR having beer registered on self statement by Shri Pramod Kunar Jha, who was the officer incharge of Matihani police station, immediately endorsing the investigation to Rajendra Prasad Mahto, A.S.I., Mithani police station for investigation. All these people including the Superintendent of Poli...

Kassey Suhita Anupam Vs. Union of India (Uoi) and ors.

Court: Central Administrative Tribunal CAT Patna

Reported in: (2008)(2)SLJ299CAT

1. The three applicants aforesaid who belong to the IPS Cadre in the State of Bihar have come up for grant of Senior Time Scale of Pay with effect from the date they completed four years of service from the year of allotment or with effect from the date they have been posted as Superintendent of Police which admittedly, is a post specified in Schedule III to the Indian Police Service (Pay) Rules, 1954 (hereinafter referred to as "the Pay Rules"). The grievance is that they have been promoted to the Senior Time Scale not from either of those dates but from the dates they had cleared their departmental examinations.2. Since the question to be answered involved in all the three original applications is the same, these have been heard together and would be disposed of by this order.3. In this order the applicants aforesaid, in chronological order, will be referred to as App-I, App-2 and App-3 for sake (sic) of convenience.The arguments of either side are based on certain provision of law ...

Sita Ram Prasad Vs. the State of Bihar and ors.

Court: Patna

Barin Ghosh, J.1. After having had worked for nine years with the Union of India the petitioner became an employee of the State of Bihar. Inasmuch as the petitioner had worked for nine years with the Union of India and inasmuch as the appointment by the State Government was not a new appointment but a continuation of the appointment as was given by the Union of India. the petitioner, in law, became entitled to increments that he had already earned while working with the Union of India Prior to the date he became an employee of the State of Bihar the having had already earned nine increments, his salary payable by the State of Bihar in the scale agreed to was fixed by adding nine increments. This was done in terms of a decision taken by the State of Bihar by a resolution bearing No. 1062 dated 12th June, '976. The said resolution provided that the petitioner is entitled to the pay scale of Rs. 387-600/-. Though the petitioner became an employee of the State of Bihar on 1st September, 1...

Bihar State Food and Civil Supplies Corporation and anr. Vs. State of ...

Court: Patna

Mridula Mishra, J. 1. Bihar State Food & Civil Supply Corporation and its Chairman are the petitioners in the present writ application.2. Prayer of the petitioners in this writ application is for quashing the communication issued by the Under Secretary, Department of Food & Civil Supplies Corporation, Government of Jharkhand, Ranchi (respondent No. 2) to the Deputy Commissioner, Pakur, Jharkhand respondent No. 3 contained in Memo No. 1771 dated 24.11.2004 where the respondent No. 3 has been directed to appoint Transporting-cum-Handling Agent for the district of Pakur. The ground for issuance of such direction by respondent No. 2 to respondent No. 3 mentioned in the letter dated 24.11.2004 is that the Bihar State Food & Civil Supply Corporation (hereinafter to be referred to as the Corporation) has been careless in lifting the food grains. Further prayer is for quashing the tender notice issued by the Deputy Commissioner, Dumka, Jharkhand respondent No. 4 in the daily addition of Dain...

Lal Chand Panna Lal and anr. Vs. the State of Bihar and ors.

Court: Patna

Mridula Mishra, J.1. Petitioner No. 1, M/s Lal Chand Panna Lal is a firm and petitioner No. 2 is its Proprietor, petitioner No. 1 had applied for allotment of Shop-cum-Godown before Secretary, Agriculture Produce Market Committee (hereinafter to be referred to as 'the Market Committee'). The shop-cum-Godown No. 3 was allotted on monthly rental of Rs. 100 per month to the petitioner in campus of the Market Committee on 10.5.1986. The petitioner Came in possession over the allotted shop-cum-Godown. The rent was subsequently enhanced to Rs. 150/-.2. Petitioners' case is that due to some disturbance and criminal activities it could not carry out its business properly and due to this rent of the allotted shop remained due for some period. The petitioner No. 2 filed an application before the Secretary, Market Committee for accepting due rent and through cheque No. 943792 dated 4.9.1990 payment was made. This payment was accepted and duly communicated by the Secretary, Market Committee to t...

Ram Chandra Prasad Sah and anr. and Vs. State of Bihar and ors.

Court: Patna

Mridula Mishra, J.1. The petitioners in both writ applications are holding the post of Inspectors (N) in the Special (Branch of Bihar Police. They have challenged the decision of the Central Government to allocate their services to the State of Jharkhand on recommendation of the State Advisory Committee. The impugned orders have been challenged by the petitioners on the ground that the post (of Inspector (M) with the Special Branch is not State level post, as such petitioners are not liable to be allocated to Jharkhand state for the specific reason that the exercise of Cadre division between two States is confined only to State level posts Petitioners have also challenged the opinion of the Advocate General, Bihar, based on which the Advisory Committee, recommended for allocation of their Cadre to the State of Jharkhand. The petitioners in C.W.J.C. No. 12848 of 2006 have prayed for quashing order No. 75 (b) dated 12.9.2006 and Order No. 75 (Jh) of Central Government, dated 12th Septem...

Pradip Kumar Joshi Vs. State of Bihar and ors.

Court: Patna

Mridula Mishra, J.1. Petitioner is the lessee in whose favour four different plots were awarded by way of lease by the department of Mines for extraction of stone for a period of five years. The Department of Mines had advertised for auction, an open bid was held on 7.10.2002. Petitioner participated in this bid and declared successful bidder as such lease was awarded in his favour. Two lease deeds were executed in his favour on 24.1.2003 and other two lease deeds on 24.3.2003. The petitioner was discharging his liabilities in capacity of lessee as per the lease deed but the State Government vide its Memo No. 283/M dated 14.2.2002 issued a direction that all such lease which have been auctioned taking Rs. 11,50,000/-as the minimum reserve deposit for 2.00 acres of land proportionately are liable to pay royalty for the excess stone extracted/mined out beyond their auction amount and they are required to pay royalty amount in addition to their auction amount. The State Government vide M...