Patna Court July 2008 Judgments
Ramanand Prasad Chaudhary Vs. the State of Bihar and ors.
Court: Patna
Decided on: Jul-11-2008
V.N. Sinha, J.1. Heard learned Counsel for the petitioner and the State.2. Petitioner is aggrieved by the office order, bearing Memo. No. 4222 dated 23.6.2008, Annexure-1 to this application issued by the Director, Agriculture, Bihar, Patna, whereunder petitioner, who at the relevant time served as Inspector in the Weights & Measures Directorate in the Department of Agriculture, has been placed under suspension on the ground that complaints have been received against him that he is demanding bribe.3. Counsel for the petitioner submitted that the allegation that petitioner is demanding bribe is the figment of imagination of the authorities as no such complaint was ever received against the petitioner. Appreciating the aforesaid submission initially made by the counsel for the petitioner on 3.7.2008, this Court allowed the State counsel to seek instruction in the matter and file counter affidavit. A counter affidavit on behalf of Respondent No. 2, the Director, Agriculture, Bihar, Patna...
Tag this Judgment!Dr. Ramavtar Prasad Vs. the State of Bihar and ors.
Court: Patna
Decided on: Jul-11-2008
Navin Sinha, J.Heard the learned Counsels for the parties.The petitioner is aggrieved by the orders dated 27.2.2006 and 25.1.2007. The orders visit him with the punishment of forfeiture of his entire pension.1. The petitioner was subjected to departmental proceedings. An enquiry report dated 31.10.2001 came to be submitted. Some of the charges were proved, others partially proved and some were not proved. A second show cause notice and reply thereto led to an order of dismissal from service on 26.7.2002. On a challenge in CWJC No. 13816 of 2002 this Court on 14.10.2003 held the punishment to be unsustainable in view of proper procedure having not been followed in a case of difference of opinion when the petitioner was entitled to an opportunity to represent. Liberty was given to the respondents to proceed afresh in the matter. The petitioner superannuated on 29.2.2004. The proceedings were then converted into one under Section 43(B) of the Bihar Pension Rules when a fresh second show ...
Tag this Judgment!Nageshwar Prasad Vs. the State of Bihar and ors.
Court: Patna
Decided on: Jul-10-2008
Barin Ghosh and J.N. Singh, JJ.1. The appellant secured a State Government employment in the post of police constable. While he was a probationer in the said employment, a warrant of arrest was issued against him alleging that he, then a Central Government employee in his capacity as a constable in the Central Reserve Police Force, had deserted his force. This resulted in bringing to an end the probation of the appellant in his State Government employment in the capacity of police constable. That was the subject matter of challenge in the writ petition. The writ petition having been dismissed, the appellant is before us.2. It is the contention of the appellant that the order terminating his service contains stigma and inasmuch as the said order had not been passed upon giving an opportunity of hearing to the appellant or by taking recourse to a disciplinary proceeding, the order is invalid.3. A probation can be brought to an end without making any aspersion against the probationer. Br...
Tag this Judgment!State of Bihar Vs. Sanjay Tiwary
Court: Patna
Decided on: Jul-10-2008
Shiva Kirti Singh and Abhijit Sinha, JJ.1. Although Government Appeal No. 11 of 2006 has been heard along with Death Reference and Criminal Appeal in respect of conviction and grant of death sentence to accused, Sanjay Tiwari, the judgment of acquittal relates to acquittal of nine co-accused by a separate judgment dated 9th of May, 2006 whereas accused, Sanjay Tiwari has been convicted by another judgment dated 4th of November, 2006. However, the oral evidence is same because the trial of Sanjay Tiwary had to be separated when he absconded at the stage of recording of his Statement under Section 313 Cr.P.C. His trial could make further progress when he was apprehended and remanded in this case after a few months. The only difference in respect of evidence in the two trials is availability of certain documentary evidence against Sanjay Tiwary which have been taken on record after the acquittal of other co-accused persons. Those documents are exhibits-14 and 15 series. Appellant, Sanjay...
Tag this Judgment!Praveen Kumar Vs. Union of India (Uoi) and ors.
Court: Patna
Decided on: Jul-10-2008
Ajay Kumar Tripathy, J.1. Learned Counsel appearing in person is given liberty to delete paragraph No. 11 of the rejoinder affidavit filed in the case.2. The writ application has been filed by the Advocate of this Hon'ble Court challenging a notification dated 3-3-2008. By virtue of this notification, the Bar Council of India while exercising power under Section 8-A of the Advocates Act, 1961, has constituted a Special Committee of three persons because the election to the body which is Bihar State Bar Council (B.S.B.C.) was not held within the statutory period. Petitioner has a grievance especially on the nomination of two persons in the Special Committee who were members of the outgoing council. There cannot be any dispute that the Advocate General shall have to be one of the persons nominated in this regard ex officio but, nomination of two other persons who too had a duty and moral responsibility to see the election is held within time cannot be made part and parcel of the Special...
Tag this Judgment!Ganga Ram Sah and ors. Vs. the State of Bihar
Court: Patna
Decided on: Jul-09-2008
S.K. Katriar and S.P. Singh, JJ1. Both Criminal Appeal No. 284 of 1988, and Criminal Appeal No. 285 of 1988, have been preferred against the common judgment and order dated 23.5.1988, passed by the 4th Additional Sessions Judge, Saharsa, in S.T. No. 28 of 1984. In Criminal Appeal No. 284 of 1988, there are five appellants, namely, Ganga Ram Sah, Sita Ram Sah, Pitambar Sah, Jagdish Sah and Umesh Prasad Bhagat. In Cr.Appeal No. 285 of 1988, there is only one appellant namely Ram Chandra Sah. By common judgment, all the five appellants in Cr.Appeal No. 284 of 1988 have been convicted for charge under Sections 302/149, 147 of the Indian Penal Code. However, appellant Ganga Ram Sah has additionally been convicted under Section 302/109 I.P.C. also, whereas Pitambar Sah and Sitaram Sah have been convicted under Section 323 of the Penal Code. All five appellants have been sentenced to undergo rigorous imprisonment for life, under Section 302/149 and no separate sentence has been passed for co...
Tag this Judgment!Raj Kishore Singh and Girish Singh Vs. the State of Bihar
Court: Patna
Decided on: Jul-09-2008
Jayanandan Singh, J.1. These two appeals have been preferred by two sets of appellants against common judgment and order of conviction and sentence dated 24.09.1987 passed by the 2nd Additional Sessions Judge, Nalanda at Biharsharif in sessions Case No. 161 of 1987. By impugned judgment two appellants of Cr. Appeal No. 508 of 1987, namely, Raj Kishore Singh and Girish Singh were convicted under Section 302/34 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life. They were further convicted under Section 114 of the Indian Penal Code. However, no separate sentence was awarded for their conviction under the said Section. Appellant Pali Tanti of Cr. Appeal No. 571 of 1987 was convicted by the impugned judgment under Section 302 of the Indian Penal Code and was also sentenced to undergo rigorous imprisonment for life. However, he was acquitted of the charge under Section 27 of the Arms Act as no sanction for prosecution was obtained from the competent authority ...
Tag this Judgment!Paramjota Devi and ors. Vs. Shamsul Zoha and ors.
Court: Patna
Decided on: Jul-08-2008
Ghanshyam Prasad, J.1. This appeal has been preferred by plaintiffs against the judgment and decree dated 25.4.1989 passed by Sri P.N. Shukla, 2nd Addl. District Judge, Siwan in Title Appeal No. 141 of 1979/19 of 1987 thereby the learned court has confirmed the judgment and decree dated 6.8.1978 passed by Ist Addl. Munsif, Siwan in Title Suit No. 379 of 1969.2. The facts leading to this appeal are that the appellants who were plaintiffs in the aforesaid suit filed the case against the defendant/respondent Ist set for redemption of mortgage dated 4.10.1917 executed by recorded tenant Karia Dusadh in respect of lands measuring 4 bighas 15 kathas and 4 dhurs, detailed at foot of the plaint, for Rs. 600/- in favour of Sk. Wajid Ali, ancestor of defendant Ist set. According to their case, Karia Dusadh died issueless leaving behind his nephew Bisheshwar Dusadh, as his only heir. Bisheshwar Dusadh executed a registered sale deed dated 30.9.1920 in respect of the aforesaid mortgaged land for ...
Tag this Judgment!Krishna Prasad Singh Vs. the Chairman, B.S.E.B. and ors.
Court: Patna
Decided on: Jul-08-2008
V.N. Sinha, J.1. Heard learned Counsel for the petitioner and the counsel for the Bihar State Electricity Board, Patna (hereinafter referred to as the Board).2. Petitioner superannuated while serving as Storekeeper with the Board with effect from 31.12.2001. Ten days prior to his superannuation i.e. on 21.12.2001 he was served with charge sheet alleging shortage in the store for the period between 2.11.1972 to 4.11.1972 as also for the period between 11.4.1975 to 11.5.1976. In response to the charges, he submitted his written defence stating that the charges being levelled belatedly, the proceedings should be dropped. The authorities of the Board, however, proceeded and the Enquiry Officer submitted enquiry report holding him guilty of the allegation of shortage for the aforesaid period between 2.11.1972 to 4.11.1972 and 11.4.1976 to 11.5.1976. The enquiry report is dated 9.11.2002 and is contained as Annexure-5 to the Reply to the counter affidavit. After receipt of the enquiry repor...
Tag this Judgment!Lakhan Thakur and ors. Etc. Vs. State of Bihar
Court: Patna
Decided on: Jul-08-2008
1. Altogether six accused persons are before us in the two appeals arising out of a common judgment challenging their conviction and sentence for the murder of one Kusum Devi, passed by the learned 3rd Additional Sessions Judge, Begusarai, in S.T. No. 221 of 1994 (State through Garbhu Thakur v. Lakhan Thakur and others). Ramji Thakur is the sole appellant in Cr. Appeal No. 289 of 1997, has been convicted under Section 302 of the Indian Penal Code read with Section 27 of the Arms Act, and has been sentenced to undergo rigorous imprisonment for life and a fine of Rs. 5,000/-, and in default to undergo rigorous imprisonment for six months. He has also been convicted under Section 27 of the Arms Act and has been sentenced to undergo rigorous imprisonment for a period of three years. The appellants of Cr. Appeal No. 242 of 1997 have been convicted Under Sections 302/149 of the Indian Penal Code and have been sentenced to undergo rigorous imprisonment for life, and a fine of Rs. 5,000/- in ...
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