Patna Court May 1995 Judgments
Mohd. Mokhtar Ahmad @ Mohd. Mokhtar Vs. State of Bihar and ors.
Court: Patna
Decided on: May-17-1995
Nagendra Rai, J.1. The petitioner has filed the present application for setting aside the order dated 13.12.1993, passed by me Chief Judicial Magistrate, Gumla, in G.R. No. 439/93, taking cognizance and issuing processes under Section 414 of the Indian Penal Code and Sections 41 and 42 of the Indian Forest Act against the petitioner and one another as well as the order dated 16.7.1994 passed by the Sub-Divisional Judicial Magistrate, Gumla in the said case framing charges under the aforesaid Sections against both of them.2. On 11.6.1993 at 9.30 P.M. the S.I. of Police Md. Quamruddin Gumla Police Station (the informant) received a confidential information that 13 bags of Meda Bark (Chhal), a forest produce, illegally removed, were loaded in a Metador, bearing No. B.R. 14L 7454, in Palkot Mohalla of Gumla town for the purpose of selling in black market. On the said information he along with police party went at that place and found the aforesaid Metador loaded with 13 bags of Meda Chhal...
Tag this Judgment!State of Bihar and anr. Vs. Digvijay Construction
Court: Patna
Decided on: May-16-1995
S.K. Chattopadhyaya, J.1. This civil revision application arises out of a proceeding started by the plaintiff-Opposite party by an application under Section 20 of the Arbitration Act (shortly 'the Act'). The application was registered as Title Suit No. 13/91 in the Court of the Subordinate Judge, II, Seraikella and the petitioner was described as the defendant.2. There was an agreement entered into between the parties and Clause 52 thereof provides that in case of any dispute between the parties, the matter shall be referred to the sole arbitrator to be appointed in accordance with this clause. The contract of the Opposite party was terminated by the petitioner. For resolving the dispute the Opposite party prayed before the Court for directing the petitioner to file the agreement in Court and also for a direction from the Court for appointing an arbitrator in the manner as provided in Clause 52 of the agreement. By order dated 27.8.1993 the Court below heard the parties on the point o...
Tag this Judgment!Mohd. Jalil Ansari Vs. Steel Authority of India Ltd. and anr.
Court: Patna
Decided on: May-16-1995
P.K. Deb, J.1. In this writ petition, the petitioner is praying for providing employment to him by the respondent Nos. 1 and 2 on the ground of being the son of a displaced person, when the agricultural land belonging to the father of the petitioner had been acquired by the respondent-authority and even once he was called for interview and after selection, he had also been put up in medical examination where he was found fit but then also he was not provided employment on this plea or that plea.2. This petitioner came to this Court earlier in CWJC No. 584 of 1991 (R) and the same was disposed of by a Division Bench by order dated 29.4.1991 permitting the petitioner to withdraw his petition on the basis of the statements made by counsel for the respondents to enable the petitioner to file a fresh detailed representation, which was to be decided on merit by the respondents. Thereafter the petitioner filed fresh representation, but his prayer was rejected on the ground that he could not ...
Tag this Judgment!Union of India Through G.M., S.E. Rly Garden Reach and anr. Vs. Ranchi ...
Court: Patna
Decided on: May-15-1995
S.N. Mishra, J.1. This writ application has been referred to a larger Bench by order, dated 8.2.1995 by a Division Bench presided over by the then Hon'ble the Chief Justice. The petitioner, Union of India through the General Manager, South Eastern Railway Calcutta, including the Senior Divisional Engineer (W), South Eastern Railway, Adra, has challenged 'he demand notice, dated 14.7.1994 issued under Section 203 of the Patna Municipal Corporation Act, 1951 (hereinafter to be referred to as 'the Act') and also the letter issued by the Administrator of the Ranchi Municipal Corporation, Respondent No.3, directing the petitioners to pay the amount mentioned therein by way of service charges, failing which the distress warrant would be issued, It may be stated that the demand notice, as contained in Annexure-18 to this writ application, issued to the petitioners for realisation of a total sum of Rs. 1, 01, 39, 501/- includes the period from 1960 to March, 1995. At the outset, it may be sta...
Tag this Judgment!Malhotra Engineering Works Vs. Pashupati Singh and Others
Court: Bihar State Consumer Disputes Redressal Commission SCDRC Patna
Decided on: May-15-1995
B.N. Sinha, President: 1. This appeal is directed against order dated 30th December, 92 passed by the District Forum, Patna in Complaint Case No. 350 of 92 in which the appellant and the respondent No. 2 here were the opposite party and the respondent No.1 here was the complainant before the District Forum. The parties are being referred to hereinafter by the nomenclature which they had before the District Forum. 2. The facts of the case as put in by the complainant before the District Forum may be briefly noticed. The complainant on the basis of the quotation received from the opposite party No.1 which he has asked for to purchase a trailer and a rigid cultivator from the opposite party No. 1. His grievance is that on the basis of the quotation of prices received from the opposite party No.1, he applied for loan from the State Bank of India for purchasing a trailer, a cage wheel set and a rigid cultivator and accordingly loan of Rs. 27,027.60 was sanctioned by the S.B.I. (opposite par...
Tag this Judgment!Surendra Singh and ors. Vs. State of Bihar and ors.
Court: Patna
Decided on: May-12-1995
B.N. Agarwal, J.1. Heard the parties.2. This application has been filed for quashing order dated 29.11.1944 whereby proceeding under Section 144 of the Code of Criminal Procedure (hereinafter to be referred to as 'Code') has been initiated and the parties have been restrained from going over the disputed land.3. According to the petitioners, there was a partition suit in the year 1951, in which decree was passed and the disputed land was allotted to their share. According to the private opposite parties, they have filed a partition suit in respect of disputed land, which is pending. It appears that earlier also successive proceedings were taken. When the matter was brought to this Court, this Court directed that since the order had lapsed its force, it was not necessary to dispose of the application on merit. This Court further directed that if there is apprehension of breach of peace, it will be open to the learned Magistrate to initiate a proceeding under Section 107 of the Code aga...
Tag this Judgment!Chandra Shekhar Rai and ors. Vs. State of Bihar
Court: Patna
Decided on: May-12-1995
Loknath Prasad, J. 1. This appeal is directed against the order of conviction and sentence recorded in Sessions Trial No. 157 of 1972 through which Shri Nawal Kishore Prasad, second Additional Sessions Judge, Arrah, convicted and sentenced appellants Chandra Shekhar Rai and Depana Devi to undergo life imprisonment for the offence punishable under Section 302 I.P.C. whereas all other appellants were convicted and sentenced to undergo rigorous imprisonment for three years under Section 201 I.P.C. and further appellant Lal Bihari Rai was sentenced to undergo rigorous imprisonment for one year under Section 353 I.P.C. with an observation that all these sentences under different counts shall run concurrently.2. The prosecution case in short is that the informant Ram Naresh Rai of village Ramnagar within Tarari P.S. claimed that her daughter krishna Rai was married with appellant Chandra Shekhar Rai and she had a daughter Nirupama and two minor sons and she was living in her matrimonial hou...
Tag this Judgment!Maya Saha and ors. Vs. State of Bihar and ors.
Court: Patna
Decided on: May-12-1995
S.N. Misra, J.1. In this writ application, the petitioners, who are 79 in number, have challenged the order, dated 21.10.1991 passed by the respondent-Special Secretary, Government of Bihar, Human Resources and Development Department, Patna, whereby he has held that the petitioners have not been validly appointed as assistant teachers and further that the petitioners, in fact, have not actually worked in the different schools pursuant to the letters of appointment issued to them. A copy of the said order has been made Annexure-6 to this writ application. The further prayer of the petitioners is for a direction to the respondents to grant the same and similar benefits as have been given to the similarly situate persons, namely, writ petitioners of C.W.J.C. No. 1 of 1992 (R), which was disposed of on 8tb December, 1993, and the Special Leave Petition filed against the said judgment by the respondent-State was dismissed by the Apex Court on 30th August, 1994 (Annexure-8). Before I consid...
Tag this Judgment!Nathuni Mian and ors. Vs. Amir HussaIn and ors.
Court: Patna
Decided on: May-12-1995
B.L. Yadav, A.C.J.1. This is a defendants' Letters Patent Appeal in a suit for declaration of title on the basis of two sale deeds dated 14th November, 1979 (Ext. 2 & 2/a) executed by one Sarifan Bibi, who was entitled to 1/2 share in their favour and the plaintiffs became owner of the property to the extent of 1/2 share and there was some dispute in cultivation, hence it was imperative that 1/2 share be partitioned. Consequently the relief for partition was also asked alongwith relief for declaration.2. The factual matrix of the case is contained in the averments of the plaint. Suit properties belonged to one Budhan Mian father of defendant No. 1 and Nabi Hussain Mian. The plots were recorded in the survey settlement in the name of Budhan Mian as 3/4 share and Nabi Hussain Mian as 1/4 share. After the death of Budhan Mian, his son Nathuni Mian and daughter Sarifan Bibi became the surviving heirs entitled to 1/2 share each Smt. Sarifan Bibi executed two sale deeds of her 1/2 share in ...
Tag this Judgment!Mohd. Sami Vs. State of Bihar
Court: Patna
Decided on: May-09-1995
P.K. Deb, J.1. The order dated 9.9.1987 passed by Shri A.K. Sinha, Sub-Divisional Judicial Magistrate, Chatra in Chatra P.S. Case No. 59 of 1987 corresponding to G.R, Case No. 237/87 has been sought for quashing under Section 482 Cr.P.C.2. By the impugned order, the report submitted by the police has been accepted and on the basis of the recommendations made by the Investigating Agency, cognizance has been taken by the Magistrate concerned to prosecute the petitioner under Section 182/211 IPC in non F.I.R. No. 3/87 and notices were issued to the petitioner to stand trial far the same.3. The facts are very simple. In the month of May, 1987 the petitioner was working as Range Officer in Chatra Division of the Forest Department and in course of his duty, he came to know at about 1.00 A.M. in the night between 28th and 29th May, 1987 from an employee of the Forest Department that some unknown persons had set fire to the Kendu leaves assembled there in the jungle and in that connection be ...
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