Patna Court January 2008 Judgments
Sanjay Kumar Tiwary and ors. Vs. the State of Bihar and ors.
Court: Patna
Decided on: Jan-25-2008
S.K. Katriar, J.1. Seven appellants have preferred this appeal under Clause 10 of the Letters Patent of the Patna High Court, and are aggrieved by the order dated 2.11.1999, passed in C.W.J.C. No. 10265 of 1998 (Sanjay Kumar Tiwary and Ors. v. The State of Bihar and Ors.), whereby the writ petition has been allowed in part. We shall go by the description of the parties occurring in the writ petition.2. The facts essential for disposal of this appeal are not in dispute and may be indicated. The writ petitioners (appellants herein) were appointed as a Basic Health Worker or Peon on daily-wage basis in 1991, and continued for about one year or so. Their services were terminated by order dated 10.10.1992, leading to C.W.J.C. No. 11289 of 1992. By order dated 6.1.1993, the petitioners had withdrawn the same to seek remedy before the. appropriate court under the Industrial Disputes Act 1947 (hereinafter referred to as 'the Act'), which was followed by Reference Case No. 8 of 1994 in terms o...
Tag this Judgment!Lakshmi Narayan Singh Vs. the Union of India (Uoi) and ors.
Court: Patna
Decided on: Jan-25-2008
Sudhir Kumar Katriar and Kishore K. Mandal, JJ.1. The petitioner of C.W.J.C. No. 8860 of 1998 has preferred this appeal in terms of Clause 10 of the Letters Patent of the Patna High Court and is aggrieved by the order dated 17.8.1999, whereby the writ petition was dismissed and it has been held that in view of the petitioner's discharge on 21.2.1972, from service from a privately managed school governed by its Managing Committee, he is not entitled to continuity of service for the period he has rendered in the private' school. We shall go by the description of the parties occurring in the writ petition.2. A brief summary of facts is essential for disposal of the issues involved in this appeal. The writ petitioner had joined High School, Maranchi, Patna, a privately managed School, on 12.7.1954. He became officiating Headmaster on 25.3.1956, and claims to have been confirmed on 30.10.1959. The petitioner was suspended on 14.7.1970, and discharged from service on 21.2.1972. The petition...
Tag this Judgment!Haricharan Chamar and ors. Vs. Kapilmuni Ojha and ors.
Court: Patna
Decided on: Jan-24-2008
S.K. Katriar and Kishore K. Mandal, JJ. 1. Letters Patent Appeal No. 1336 of 1998 in terms of Clause 10 of the Letters Patent of the Patna High Court has been preferred by 23 persons, who were respondent Nos. 4 to 23 in CWJC. No. 2208 of 1989. They are aggrieved by the judgment dated 12.11.1998, whereby the writ petition was allowed, the appellate and the revisional orders passed under the provisions of the Bihar Land Reform (Fixation of Ceiling Area and Acquisition of Surplus Land) Act (hereinafter referred to as 'the Act') have been set aside, and the writ petitioners (land holders) have been allowed three units instead of two units leaving no surplus land.2. The appellants are the settlees of the lands which had been, during the earlier stage of the proceedings, declared surplus by the authorities under the Act and are now faced with the prospect of being displaced in view of the judgment. The learned Single Judge disposed of the writ petition with the observation that the Collecto...
Tag this Judgment!Arun Kumar Gupta and ors. Vs. State of Bihar and anr.
Court: Patna
Decided on: Jan-24-2008
Anwar Ahmad, J.1. This is an application filed under Section 482 of the Code of Criminal Procedure on behalf of accused persons for quashing the order dated 5th September, 2006 passed by Shri. S.K. Mishra, Judicial Magistrate, 1st Class, Saharsa, finding a prima facie case under Section 498A of the Indian Penal Code and ordering issuance of summons and also the order dated 15th December, 2006 passed by the Sessions Judge, Saharsa in Criminal Revision No. 274 of 2006 rejecting the revision and also the entire criminal prosecution and the complaint petition bearing Complaint Case No. 591 C of 2005.2. Anju Devi filed a petition of complaint against her husband Arun Kumar Gupta and 7 others who are petitioners here, alleging therein that she married Arun Kumar Gupta at Sidheshwar Asthan and in support of the marriage, Arun Kumar Gupta sworn affidavit before the Notary Public. Thereafter, she started living with him in the capacity of wife. She became pregnant but her husband fraudulently ...
Tag this Judgment!Anand Kumar @ Munna Vs. State of Bihar
Court: Patna
Decided on: Jan-24-2008
Subash Chandra Jha, J.1. The sole appellant Anand Kumar alias Munna, who stood trial for committing offence under Section 366A I.P.C., has been held guilty for the said offence and sentenced to undergo rigorous imprisonment for five years and imposed a fine of rupees three thousand, in default of which to undergo rigorous imprisonment for another six months in Sessions Trial No. 282/1997/172/2005 by learned Additional Sessions Judge, FTC III, Sitamarhi. He has filed this appeal for setting aside the order and judgment of conviction and sentence dated 4.9.2006.2. The prosecution case, in short, is that on 5.8.1996 at about 9.30 A.M. Pallabi Priya alias Putul Kumari, aged about 17 years, daughter of the informant, had left her house to attend her tuition classes at Sitamarhi in the coaching institute of Professor Anand Shekhar Singh (P.W. 2) and Professor Sandip Garg (P.W. 1) but did not come back till the evening and, as such, intensive search was made by Baidyanath Thakur, son-in-law ...
Tag this Judgment!Sheo Mistri Vs. State of Bihar
Court: Patna
Decided on: Jan-24-2008
S.K. Sharma, J.1. This appeal has been filed by the sole appellant Sheo Mistri against the judgment of conviction and order of sentence dated 22.3.1993 and 24.3.1993 respectively passed by the 5th Additional Sessions Judge, Gaya in S.Tr. No. 6 of 1991/135 of 1991 whereby the appellant was convicted under Section 395 of the Indian Penal Code and was sentenced to undergo R.I. for 8 years. Besides the appellant one Ganauri Pawan was also found guilty but his appeal is not here.2. A dacoity was committed allegedly in the night of 18.9.1988 in the house of the informant PW 10. According to the allegation the dacoits entered into the house of the informant PW 10 by scaling over the roof. Main door of the house was opened and thereafter, ten dacoits flashing torch light intruded into the house. Informant's wife woke up and tried to raise alarm but she was forced to keep mum. The dacoits entered into the room, opened the boxes and removed the valuable articles. One of the dacoits namely, the...
Tag this Judgment!Gupteshwar Sah and ors. Vs. the State of Bihar and ors.
Court: Patna
Decided on: Jan-24-2008
Sudhir Kumar Katriar and Kishore K. Mandal, JJ.1. Eleven persons, namely, Gupteshwar Sah, Ramesh Prasad Singh, Krishna Prabhakar, Anand Mohan, Ramjee Singh, Chandra Mohan Singh, Rajeshwar Prasad Singh, Harendra Singh, Raghunath Singh, Kanhaiya Prasad and Rajendra Prasad Singh, have joined this appeal, preferred in terms of Clause 10 of the Letters Patent of the Patna High Court. They are aggrieved by the order dated 18.5.1999, passed by a learned Single Judge of this Court in CWJC. No. 2101 of 1998 Gupteshwar Sah and Ors. v. State of Bihar and Ors. whereby the writ petition has not been entertained on the ground that it raises a stale claim.2. The facts essential for disposal of the appeal may be indicated briefly. The same shall be drawn from the paper-book of the writ proceedings excepting specifically indicated. We shall go by the description of the parties occurring in the writ proceedings.3. The respondent authorities had issued an advertisement on 10.4.1981, inviting application...
Tag this Judgment!Muzaffarpur Regional Development Authority and ors. Vs. Jagarnath Jha ...
Court: Patna
Decided on: Jan-24-2008
Rajesh Balia, C.J. and V.N. Sinha, J.1. Heard learned Counsel for the parties who have brought to our notice that during pendency of this appeal the appellant, Muzaffarpur Regional Development Authority (hereinafter referred to as 'the Authority') has merged into the Corporation as the Act under which the authority was constituted was repealed and, therefore, all its rights, liabilities and obligations in pending litigation lies on the Municipal Corporation and that is why the Municipal Corporation is substituted as appellant in place of the Authority.The facts which have not been disputed before us as noticed by the learned single Judge are that the respondents, petitioners 9 in number, had all been appointed on daily wages between November 1, 1980 and October 1, 1985 on different dates to perform the work of Road Roller Driver in the Authority. While they were continuing in service the Establishment Committee of the Authority resolved that those who were working before December 31,...
Tag this Judgment!Ram Chandra Prasad and anr. Vs. State of Bihar
Court: Patna
Decided on: Jan-23-2008
Anwar Ahmad, J.1. This is an application filed under Section 482 of the Code of Criminal Procedure for quashing the FIR of Chandi P S Case No. 263 of 2007 for the offence under Sections 467, 468, 472, 473 and 420/34 of the Indian Penal Code.2. The learned lawyer for the petitioners submits that on secret information Arun Kumar Choudhary, O/C of Chandi P.S., District -Nalanda, under the leadership of Dy. S.P. of STF conducted a raid in the house of the petitioner Ram Chandra Prasad. After seeing the police party the petitioners attempted to flee away but they were apprehended. A search was made in the house and a large number of arms and ammunitions are said to have been recovered. 4 new rifles of .315 bore were recovered, the arsenal number of which was found scratched. A sum of Rs. 45,726/- was recovered from the possession of petitioner Ram Chandra Prasad and a sum of Rs. 41,700/- from the possession of the petitioner Chhote Kumar alias Surya Prakash. Officer Incharge Arun Kumar Cho...
Tag this Judgment!Begum Sayeeda @ Sayeeda Khatoon Vs. State of Bihar and anr.
Court: Patna
Decided on: Jan-23-2008
Anwar Ahmad, J.1. This is an application filed under Section 482 of the Code of Criminal Procedure on behalf of accused Begum Sayeed alias Sayeeda Khatoon for quashing the entire proceeding of Complaint Case No. 671 of 2007 and also the order dated Ist May, 2007 taking cognizance of the offence under Sections 498A and 323 of the Indian Penal Code and under Sections 3 & 4 of the Dowry Prohibition Act by the Chief Judicial Magistrate, Katihar.2. Shama Yasmin filed a petition of complaint dated 26.3.2007 in the court of the Chief Judicial Magistrate, Katihar, against her husband Faizy Abdul Quadir and 2 others alleging therein that her brother in law Chaudhary Azizul Hassan of Chaudhary Mohalla, Katihar is issueless. It is alleged that he brought her to his house in her very childhood where she was brought up and educated. It is alleged that he married her with Faizy Abdul Quadir on 17th December, 2003 in his residence at Chaudhary Mohalla, Katihar. After marriage she was brought to the ...
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