Patna Court November 1995 Judgments
Somari Devi Vs. State of Bihar and ors.
Court: Patna
Decided on: Nov-30-1995
D.P. Wadhwa, C.J. and S.K. Chattopadhyaya, J.1. In this writ application under Article 226 of the Constitution of India, the petitioner, who is a widow, has claimed a sum of Rs. 1 lakh towards damages on account of death of her husband, Gade Oraon, while in custody. The husband of the petitioner was involved in some criminal case and while in judicial custody he died because proper medical assistance was not given to him during the course of his illness.2. We issued notices to the respondents numbering six. Counter-affidavits have been filed by respondent Na 3 Superintendent of Police, Gumla and respondent No. 4, Jail Superintendent, Gumla. They both blame each other for the negligence which resulted in the death of Gade Oraon. In the affidavit filed by the State of Bihar, it has been stated that it was on account of negligence either on the part of Superintendent of police Gumla or the jail suprintendent that the death took place for which enquiry was being held. On the face of this...
Tag this Judgment!Dinesh Rajak and ors. Vs. State of Bihar
Court: Patna
Decided on: Nov-30-1995
Loknath Prasad, J.1. This appeal is directed against the judgment and order dated 19th August, 1994 passed by Sri Laxman Oraon lst Additional Sessions Judge, Nawada in Sessions Trial Nos. 31/136 of 1993 through which all the appellants were convicted and sentenced to undergo imprisonment for life under Sections 302/34 of the Indian Penal Code and also under Section 498A of the Indian Penal Code to undergo rigorous imprisonment for two years and it was ordered that both the sentences will run concurrently.2. The fact in short giving rise to this appeal is that the deceased Saraswathi Devi, whose Fardbeyan was recorded, was married to one Dinesh Rajak of Uttar Bazar, Warsaliganj, District-Nawada about three years ago prior to the institution of the case. On 24.2.1993 Saraswati Devi was brought in a rikshaw by one Arjun Singh in a serious burnt condition at Warsaliganj Referral Hospital and at about 9.00 a.m., the A.S.I. attached to Warsaliganj Police Station came to that hospital on get...
Tag this Judgment!Ram Ashish Sah and anr. Vs. Anil Kumar and ors.
Court: Patna
Decided on: Nov-29-1995
B.L. Yadav, A.C.J.1. Whether a decree has to be prepared by the officials of the District Judge when an appeal is dismissed as time barred is the short but significant question involved in this Second Appeal, preferred by the defendants (2nd party), at this stage, in a suit for redemption of mortgage.2. The suit was contested by the defendant-appellants and averments made in the plaint were denied.3. The Trial Court after considering the entire evidence on record dismissed the suit by the decree dated 31st March, 1992. Against that decree a First Appeal was preferred under Section 96 of the Code of Civil Procedure, 1908 (compendiously the 'Code') before the District Judge, Samastipur, by the appellants. But there was some delay in preferring the First Appeal. Consequently an application under Section 5 of the Limitation Act, 1963 for condonation of delay was filed but the same was rejected as in the opinion of the learned District Judge, no sufficient ground for condonation of delay w...
Tag this Judgment!Jhabu Mahto and ors. Vs. Shankar Mahto and ors.
Court: Patna
Decided on: Nov-29-1995
B.L. Yadav, J.1. Whether the widow's right for maintenance in an earlier compromise decree prior to the enforcement of the Hindu Succession Act, 1956 (for short the Act) would operate as res-judicate after the Act was enforced, and whether an earlier life estate of a widow would blossom into full ownership in view of Section 14 of the Act, are short but significant questions of law for determination in the present Defendant's Second Appeal preferred under Section 100 of the Code of Civil Procedure, 1908 (for short the Code) in a suit for declaration of rights over Schedules A and B properties and for partition of half share over Schedules C and D properties.2. The case of the plaintiff as set up in the plaint is that the plaintiff is adopted son of Smt. Khudi Mahtain. One Guhi Mahto and Thakur Mahto were two brothers. Thakur Mahto died leaving behind his widow Khudi Mahtain, who inherited the properties left by her husband and continued in possession till enforcement of the Act. As th...
Tag this Judgment!Habeeb Alias Habib Tailor Vs. State of Bihar and ors.
Court: Patna
Decided on: Nov-27-1995
Radha Mohan Prasad, J.1. The present writ application is directed against the orders of the consolidation authorities, who are respondent Nos. 2, 3 and 4 rejecting the claim of the petitioner that the land in dispute in a public graveyard of the Muslims of the locality and allowing the claim of respondent Nos. 7 and 8 over the said lands. The last order was passed by the Joint Director of Consolidation in revision No. 1252 A/82 (annexure-4) affirming the order of the Assistant Director of Consolidation, who affirmed the order of the Consolidation Officer in a consolidation proceeding.2. In short, the relevant facts of the case are that the petitioner claims that the land in question has been a public graveyard, recorded as Parti Kadeem for the last seventy years. On the other hand, the claim of respondent Nos. 7 and 8 is that they are settles from the original Zamindar Zulfikar Ali and have been coming in possession of the land in dispute.3. It appears that in the year 1971 Wane dispu...
Tag this Judgment!Mahadeo Lal Agarwala Vs. State of Bihar and anr.
Court: Patna
Decided on: Nov-24-1995
NARAYAN ROY, J. :Heard Mr. K. N. Jain, learned senior counsel appearing on behalf of the petitioner, and Mr. K. K. Vidyarthi, standing counsel appearing on behalf of the Revenue.2. This application under s. 482 of the Cr. PC is directed against the order dt. 6th March, 1987, passed by the learned Special Judge (Economic Offences), Muzaffarpur, in Trial No. 777 of 1987, refusing to discharge the petitioner in a prosecution under s. 277 of the IT Act, 1961 (hereinafter referred to as 'the Act').3. It appears that the petitioner has been prosecuted for the offence under s. 277 of the Act on the ground that the petitioner had fraudulently and dishonestly made a false statement about his income in the verification of his return for the asst. yr. 1974-75 and thereby dishonestly induced the IT authority to assess on lesser amount causing wrongful loss to the Department and wrongful gain to him.Upon the basis of the complaint petition, the learned special judge took cognizance of the offence ...
Tag this Judgment!Mahadeo Lal Agarwala Vs. State of Bihar and anr.
Court: Patna
Decided on: Nov-24-1995
Narayan Roy, J. 1. Heard Mr. K.N. Jain, learned senior counsel appearing on behalf of the petitioner, and Mr. K.K. Vidyarthi, standing counsel appearing on behalf of the Revenue. 2. This application under Section 482 of the Code of Criminal Procedure is directed against the order dated March 6, 1987, passed by the learned Special Judge (Economic Offences), Muzaffarpur, in Trial No. 777 of 1987, refusing to discharge the petitioner in a prosecution under Section 277 of the Income-tax Act, 1961 (hereinafter referred to as 'the Act'). 3. It appears that the petitioner has been prosecuted for the offence under Section 277 of the Act on the ground that the petitioner had fraudulently and dishonestly made a false statement about his income in the verification of his return for the assessment year 1974-75 and thereby dishonestly induced the income-tax authority to assess on lesser amount causing wrongful loss to the Department and wrongful gain to him. 4. Upon the basis of the complaint peti...
Tag this Judgment!Surendra Nath Pandey and ors. Vs. State of Bihar and ors.
Court: Patna
Decided on: Nov-22-1995
Radha Mohan Prasad, J.1. In the present writ application the petitioners are aggrieved by the inclusion of the names of respondent Nos. 6 to 12 and 22 in the Gradation list of Inspectors of Police published under memo No. 8616 dated 8.8.83, as contained in Annexure-5 by the IG. (Adm.), Bihar, Patna and also by the placement of respondent Nos. 13 to 21 in the said Gradation list above by the petitioners and consequently, they have sought for issuance of a writ in the nature of writ of mandamus to prepare and finalise the gradation list afresh in accordance with the law after exclusion of the names of respondent Nos. 6 to 12 and 22 and also for proper placement of respondent Nos. 13 to 21.2. The short relevant facts of the case are that the posts of Inspector of Police is filled in from amongst Sub-Inspectors of Police. For promotion on the said post a Sub-Inspector of Police has to compete and on consideration of record of efficiency etc. scrutinized at various stages and finally upon ...
Tag this Judgment!Maheshwar Labh Vs. State of Bihar and ors.
Court: Patna
Decided on: Nov-21-1995
A.K. Ganguly, J.1. This writ petition has been filed against an order of transfer by which the petitioner has been transferred to Revenue Circle Bettiah at Manihari Anchal on the post of Lower Division Clerk from Farbeshganj of Khagaria District. The said transfer order was issued vide Memo dated--3rd June, 1995. The said order has been filed by the petitioner on various grounds, namely, that the wife of the petitioner is posted as an Assistant Teacher in the Primary School, Kosi and the petitioner who is suffering from Kidney problem, has been transferred at a place which is far away from the posting of petitioner's wife and the before it is not possible for the wife to look after her husband. The other ground of challenge is that the petitioner has made a representation against the said order of transfer but the same has not been disposed of till today and as such without disposing of the said representation the impugned order of transfer cannot be given effect to.2. Learned Counsel...
Tag this Judgment!Sunit Banerjee and ors. Vs. Bihar State Electricity Board and ors.
Court: Patna
Decided on: Nov-21-1995
R.N. Sahay, J. 1. This application under Articles 226 of the Constitution of India has been presented on behalf of the teaching and non-teaching staff of a Middle School popularly known as Bihar State Electricity Board, Sishu Vidyalaya, Kusai Colony, Ranchi. The application has been filed with the object of seeking a declaration that the said School is established by the Bihar State Electricity Board For the sake of brevity 'Board' and as such, the teachers and staff of the said School are legally entitled to be treated at par in the matters of salary and other privileges with teachers of other Schools established by the Board. If, the petitioners succeed in getting a declaration that the said School is established by the Board, they are also entitled to the consequential reliefs as indicated above.2. The claim of the petitioners has been disputed by the Board in the counter-affidavit The petitioners have annexed several documents in order to establish their claim .aforesaid. The rele...
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