Patna Court January 1994 Judgments
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Haji Abdul Aziz Vs. Mohd. Wahid and ors.
Court: Patna
Decided on: Jan-18-1994
G.C. Bharuka, J.1. This appeal has been filed by the plaintiff against the judgment and decree dated 22-8-1974 passed by First Additional Sub- 161 of 1969Judge, Bhagalpur in Title Suit No. ---------------- 28 of 19732. The above suit had been tiled by the appellant for partition of a residential house standing on a plot of land being part and parcel of Bhagalpur Municipal Holding No. 47, Ward No. 7, Circle No. 12 lying in Bhaiolal lane in Mohalla Champanagar within the town of Bhagalpur. According to him, he has acquired one-third share in the suit property being the bona fide purchaser from Bibi Hamida Khatoon by a registered sale-deed dated 21-7-1969 (Ext. 1). According to him, the suit property was acquired and owned by one Hichu Mian, who had died leaving behind him one son and one daughter, namely, Mohammad Mian and the vendor of the plaintiff, Bibi Hamida Khatoon. Therefore, in view of the law applicable to Hanili School of Mohammedan law, his vendor had acquired a subsisting r...
iqbal Chand Khurana and anr. Etc. Etc. Vs. State of Bihar and ors. Etc ...
Court: Patna
Decided on: Jan-14-1994
B.C. Basak, C.J. 1. In these four writ petitions the petitioners have challenged the constitutional validity of the Bihar Ban on Lottery Act, 1993, (hereinafter referred to as 'the said Act) which replaces the Bihar Ban on Lottery Ordinance, 1993 (hereinafter referred to as (the said Ordinance). 2. The said Act provides as follows:-- 'The Bihar Ban on Lottery Act, 1993. 2. Definitions -- In this Act unless the context otherwise requires - (a) 'Agent' means and includes Main Stockist or by whatever name called, who may be an individual or a group of persons or a company registered under the Companies Act, 1956 or a Partnership firm entrusted with the responsibility of sale of State Lottery tickers on an agency basis on behalf of the State Government. (b) 'Lottery' means a scheme for distribution of prizes by lot or chance to those persons participating in the chances of a prize by purchasing ticket. (c) 'Promoters' in relation to a lottery includes an organiser or any person having c...
Hira Sao and anr. Vs. State of Bihar
Court: Patna
Decided on: Jan-14-1994
G.C. Bharuka, J.1. There are two appellants in this appeal who have been held to be guilty of the offence under Section 302/34 of the Indian Penal Code and have been sentenced to undergo Rigorous Imprisonment for life.2. Appellant No. 2 Mangari Devi is the mother of appellant No. 1 Hira Sao and as per the findings of the court below they are accused of having murdered Mundri Devi, the wife of appellant No. 1 by strangulation an furtherance of common object and purpose. The formal F. I. R. was drawn on the basis of the fardbeyan of Jago Sao (PW 2), the father of the deceased which was recorded by the officer-in-charge of the Barkagaon Police Station on 8-9-1988 at 12.00 noon in the house of the accused persons where the offence, is said to have been taken place, in this case altogether six witnesses have been examined PW 1 Debal Sao and PW 5 Sukra Sao are the castemen and co-villagers of the appellants. They have been declared to be hostile by the prosecution. PW 5 is also the relativ...
L.M. Batra Vs. State of Bihar and ors.
Court: Patna
Decided on: Jan-13-1994
R.N. Sahay, J.1. The petitioner at the relevant time was the General Manager of Hotel Ashoka, Ranchi, One Surendra Kumar, Food Inspector, visited the hotel on 21-1-1990 and purchased turmaric powder from the Store-in-charge for analysis. The sample on being analysed by the Chief Medical Officer, Ranchi, was found to be adulterated. It contained Lead Chromate which is injurious to health. The Food Inspector filed a prosecution report in the Court of Chief Judicial Magistrate, Ranchi no 5-4-1991 for taking cognizance under Section 16 of the Prevention of Food Adulteration Act. A copy of the analysis report was forwarded to the petitioner for necessary action. The Chief Judicial Magistrate took cognizance by order, dated 19-12-1991. The prosecution report was filed after sanction was accorded by the Civil Surgeon-cum-Chief Medical Officer, Ranchi.2. The petitioner has impugned the legality of the prosecution and cognizance on several grounds. First ground is that the turmeric was not sol...
Smt. Katrina Toppo Vs. Smt. Matilda UraIn and ors.
Court: Patna
Decided on: Jan-13-1994
1. We have heard Mr. Devi Prasad learned Counsel for the appellant and the learned State Counsel in respect of granting exemption to the petitioner from filing of the court-fee in this case. 2. The petitioner has filed an application seeking exemption from payment of court-fee on the basis of the notification No. S. O. 1207 dated 19th August, 1981 on the ground that she being of Scheduled Caste was entitled to get legal aid. At this very stage we may notice that the notification referred to by the appellant stands superseded by subsequent notification dated 31st October, 1983 which is also to the same effect. But since by that time the Bihar State Weaker Section Legal Aid Act, 1983 had come into force, (hereinafter referred to as the Legal Aid Act only), the notification provided that only such persons will be entitled to remission of court-fee who are receiving legal aid in accordance with Section 17 of the Legal Aid Act.3. In the case of Chanda Nath v. Janak Kishore Devi reported in...
Binod Kumar Singh and ors. Vs. State of Bihar and ors.
Court: Patna
Decided on: Jan-12-1994
S.N. Jha and N. Roy, JJ.1. While hearing this writ petition on 5-1-1994, we were struck, nay shocked, to see the manner in which the Sub-divisional Officer, Dhanbad, Sri Krishna Choudhary, (hereinafter referred to as 'the officer') exercising the powers of the Certificate Officer under the Bihar Public Demands Recovery Act, 1914 ('the Act' in short) had passed orders and taken action against the petitioner No. 2 in a proceeding under the said Act. Prima facie being of the opinion that mere setting aside of the impuged order would not suffice the ends of justice and compensate the petitioner for having been put in prison in a most arbitrary manner in gross violation of the provisions of the said Act and all norms of judicial proceedings, we directed the Officer to personally appear in Court and file show cause making it clear that on the next date the Court shall consider the question of awarding of personal compensation against him. The Officer accordingly has appeared and filed a cou...
Shaikh Wajib and ors. Vs. State of Bihar and ors.
Court: Patna
Decided on: Jan-11-1994
R.N. Sahay, J.1. Heard Sri Ram Kishore Prasad for the petitioner and G, P. I. for the State.2. These four petitioners were sentenced to undergo imprisonment for life for offence under Section 302/34 of the Indian Penal Code by judgment passed by the then Sessions Judge of Singhbhum at Chaibassa in Sessions Trial No. 46/71. The judgment was pronounced on 31st May, 1974.3. The Hon'ble Supreme Court of India in Writ Petition (Criminal) No. 1656/84 directed that all the cases of prisoners who have undergone a term of imprisonment for more than 14 years should be submitted to the State for consideration of premature release. The petitioners also applied for release through the Jail Superintendent, Hazaribagh. According to the counter-affidavit filed by the State the matter is under consideration of the State Government.4. It was expected that the State Government should pass appropriate orders within a reasonable time of filing of the application. It is unfortunate that no such thing has ...
Sone Vanaspati Vs. State of Bihar and ors.
Court: Patna
Decided on: Jan-10-1994
S.B. Sinha and Aftab Alam, JJ.1. This application is directed against an order as contained in Annexures 6-A and 6-C to the writ application whereby and where under a demand notice had been served upon the petitioner and the assessment proceeding has been directed to be continued.2. Bereft of all unnecessary details the fact of the matter is as follows:The petitioner is an existing company, incorporated under the Indian Companies Act, 1956, and carrying on business in Vanaspati at Barun in the district of Aurangabad, whereas its factory is situate.3. The State adopted a resolution on 21st February, 1990 known as Industrial Policy, 1990 with a view to accelerate growth of Industry in the State of Bihar and by reason thereof a new scheme was inter alia introduced granting benefits of Sales-tax to the small and medium scale industries.The petitioner-Company was incorporated on 31st March, 1990. A term loan of Rs. 5.30 lakhs was sanctioned to the petitioner. A Factory for manufacturing va...
Sushil Kumar Agrawal Vs. State of Bihar and ors.
Court: Patna
Decided on: Jan-05-1994
G.C. Bharuka and Amir Das, JJ.1. Heard Mr. S.L. Agarwal, learned Counsel for the petitioner and Mr. V. Shivnath G.P.I, for the respondents.2. The present writ application has been filed by the petitioner for quashing a criminal prosecution arising out Ghatshila Police Station Case No. 161 of 1993, dated 21-12-1993 instituted under Sections 419 and 420, Indian Penal Code and Section 3/7 of the Essential Commodities Act, 1955 as also for release of 600 tins of Sunflower Refined Oil which has been seized in relation to the said case.3. According to the petitioner, he holds a licence for dealing in edible oils in terms of Bihar Trade Articles (Unification of Licences) Order 1984 (hereinafter referred to as 'Unification Order' only) being Licence No. 1/91 which has been renewed up-to-date. He carried on the said business under the name and style M/s. Lakshmi Bhandar at Dalbhum, as Proprietor. As stated by the petitioner, the case of petitioner is that he had purchased 600 tins of Sunflower...
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