Patna Court January 2014 Judgments
EhtesamuddIn @ TasmuddIn @ Md. EhtesamuddIn Vs. the State of Bihar
Court: Patna
Decided on: Jan-10-2014
1. Appellant Ehtesamuddin @ Tasmuddin @ Md. Ehtesamuddin, who has been found guilty for an offence punishable under Section 341 IPC and directed to undergo S.I. for one month, under Section 324 IPC and directed to undergo R.I. for two years, under Section 307 IPC and directed to undergo R.I. for 5 years as well as also fined Rs.15,000/- in default thereof to undergo R.I. for six months additionally vide judgment dated 18.05.2012 and sentence dated 22.05.2012 by First Additional Sessions Judge, Patna City in Sessions Trial No.385 of 2001 has challenged the same preferring instant appeal. 2. It has been submitted on behalf of appellant that the conviction and sentence recorded by the learned trial court happens to be bad, illegal, capricious, arbitrary and on account thereof is fit to be set aside. It has further been submitted that the occurrence so alleged was neither premeditated nor preplanned and even accepting the version of the prosecution, neither appellant carried an intention t...
Tag this Judgment!Shiva NaraIn Rai and Others Vs. the State of Bihar.and Others
Court: Patna
Decided on: Jan-10-2014
Oral Judgment: Navin Sinha, J. Heard learned counsel for the petitioners and the State. The petitioners are aggrieved by order dated 12.10.1998 terminating their services on the ground that the appointment itself was illegal. Learned counsel for the petitioners submits that they were appointed as Clerks in 1995 under the Integrated Child Development Scheme by the Deputy Director, Welfare, who was competent to make the appointments. They were all registered with the local Employment Exchange which had also forwarded their names for consideration in pursuance of a requisition made. They had also applied in response to a notice board advertisement published by the Deputy Director. The selection was made by the Committee empowered to do so. Pursuant to a show cause, they were terminated on 7.1.1997. In C.W.J.C. No.1703/97, the termination was set aside as not based on proper application of mind issued in a cyclostyled form with žfill in the blanksŸ. If the appointment was in vio...
Tag this Judgment!Smt. Seema Kumari Vs. Sunil Kumar Jha
Court: Patna
Decided on: Jan-10-2014
Navin Sinha, J. (Oral Judgment:) The present Appeal arises from order dated 03.11.2006 passed by the Principal Judge, Family Court, Madhubani in Matrimonial Case No. 28 of 1997. The application for divorce filed by the respondent under Section 13 of the Hindu Marriage Act was allowed on the ground that there had been irretrievable breakdown of marriage coupled with desertion. Notice was issued and validly served upon the respondent who had also entered appearance but no one appears on his behalf today. Learned counsel for the Appellant submits that the plea of adultery raised by the respondent was disbelieved by the Trial Court. Cruelty was also held not to be established. In the circumstances, there was no occasion for the Trial Court to hold that there had been irretrievable breakdown of the marriage which is not a ground for divorce under the Hindu Marriage Act held in more than one judicial pronouncement. There is no finding with regard to desertion. A conclusion arrived at abruptl...
Tag this Judgment!Employees State Insurance Corporation Through Its Regional Director an ...
Court: Patna
Decided on: Jan-10-2014
Oral Judgment 1. Heard learned counsel for the appellant. No one appears one behalf of the applicant-respondent even after service of notice. The Employees State Insurance Company (hereinafter referred to as the Corporation) has filed this appeal against the order dated 17.2.2009 passed by the Presiding Officer, Labour Court, Patna in ESI Case No. 15 of 1997 by which the claim of the corporation has been negatived. 2. M/s. Jaiswal Industries, Muzaffarpur (hereinafter referred to as the applicant) filed ESI Case No. 15 of 1997 under Section 75(1)(g) of the Employees State Insurance Act, 1948 (hereinafter referred to as the ESI Act ) for setting aside the entire proceeding and action taken by the Corporation. The case of the applicant is that the applicant received a letter No. 42-5257/Ins Pro-II/1827 dated 20.11.1996 in Form-C-18 claiming contribution for the period from 8/90 to 3/91 amounting to Rs.2,298.05. In reply thereto the applicant submitted letter dated 9.12.1996 contending tha...
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