Patna Court October 1997 Judgments
Dr. AmIn Ahmad and ors. Vs. Mrs. Saikina Khatoon
Court: Patna
Decided on: Oct-29-1997
Prasun Kumar Deb, J.1. This appeal has been preferred under Section 100 of the Code of Civil Procedure against the judgment and decree dated 18.5.1991 passed by the then IInd Additional Judicial Commissioner, Ranchi, in Title Appeal No. 42 of 1989 confirming the judgment and decree dated 29.4.1989 passed by the then VIth Additional Subordinate Judge, Ranchi, in Title Suit No. 134 of 1982 (343/87).2. The respondent as plaintiff filed the abovementioned suit for specific performance of contract dated 29.9.1980 in respect of 25 Kathas of land appertaining to Plot No. 234, Khata No. 55 of Village Bariatu within the district of Ranchi. The details of the suit land have been given in the foot of the plaint itself.3. The case of the plaintiff is that the defendants on 29.9.1980 entered into a parole agreement with the plaintiff through her husband for sale of the land as mentioned above at the rate of Rs. 1,000/- per Katha and a sum of Rs. 5,000/- was paid to the defendants through defendant...
Tag this Judgment!Shushil Sanga Vs. State of Bihar
Court: Patna
Decided on: Oct-29-1997
Loknath Prasad, J.1. This appeal is directed against the judgment of conviction dated 16th November, 1992 passed in Sessions Trial No. 275/91 thereby and thereunder the sole appellant Shushil Sanga was found guilty under Section 376, IPC and he was sentenced to undergo rigorous imprisonment for ten years and he was further sentenced to pay a fine of Rs. 1000/-, in default to undergo rigorous imprisonment for two years.2. The prosecution case, in short, is that the informant Charki Mundain alongwith her husband Pushu Munda and their neice Anju Tamba on 9.10.89 to Ranchi in connection with Durgapuja festival and when they were moving in the town in the night at about 6 p. m. or so, then near Sandhya Cinema one person whose name was subsequently disclosed as Basant dragged her husband towards a lane. It has been alleged that the informant and her neice protested but he did not listen and gave a threatening that if she wanted to seva the life or her husband, they must follow. In the meant...
Tag this Judgment!Mahanth Ramautar Alias Mahanth Ramautar Barhamchari and ors. Vs. Bihar ...
Court: Patna
Decided on: Oct-29-1997
S.K. Singh, J.1. The present application has been filed, for quashing the order dated 28.12.96 passed by Respondent No. 1 dissolving the old Deo Shiva Mandir Trust and constituting a new Trust under Section 32 of the Bihar Hindu Religious Trust Act, 1950.2. The sole contention of the learned Counsel for the petitioner is that the Mandatory provision of law for removal of the old Managing Committee as envisaged under Sections 29(2) and 32 of the Act for Constitution of a new Managing Committee has not been followed.3. In support of his contention, learned Counsel for the petitioner has placed Annexure-5 to the supplementary affidavit (Annexure-A to the counter-affidavit) by which it clearly goes to show that a letter was written on 11.11.96 by one Suresh Paswan M.L.A to the President of the Bihar State Board of Religious Trust (hereinafter referred to as the 'Board') stating therein that as the present Managing Committee was not running the affairs of the temple inquestion satisfactori...
Tag this Judgment!Ratan Kumar and anr. Vs. State of Bihar
Court: Patna
Decided on: Oct-29-1997
Loknath Prasad, J.1. This appeal is directed against the order dated 18th January, 1993 passed in Sessions Trial No. 202/91 by Sri S.K. Sharma, 4th Additional Sessions Judge, Dhanbad, thereby and thereunder both the appellants were found guilty under Section 395, I.P.C. and they were convicted and sentenced to undergo rigorous imprisonment for six years each.2. The prosecution case, in short, is that on 15.11.90 at about 10.45 p.m. when the informant Basuki Singh, driver of bus bearing No. BPU 3392 came near Lodhriya bridge on Gobindpur-Giridih road, he found the road blocked and a jeep was also standing on the road and similarly one Raj Transport Bus and a truck were also standing and several dacoits were looting the articles of the passengers and the drivers. The informant tried to escape by taking his bus behind, but in the meantime the dacoits came and they exploded a bomb, due to that a passenger Bhagwan Rout and one Umakant sustained injury. The dacoits looted cash, writ watches...
Tag this Judgment!Budhan Prasad Sah and anr. Vs. Urmila Devi and ors.
Court: Patna
Decided on: Oct-28-1997
S.N. Jha, J.1. This civil revision arisen from order dated 16.1.37 passed by the 4th Subordinate Judge, Bhagalpur, in Title Suit No. 80 of 1995. By the impugned order the court below has rejected the petition filed 1 the plaintiff-petitioners to consolidate the suit with title suit No. 152 of 1993. The facts so far as relevant are as follows:1. The opposite party Nos. 1 to 4 filed Title Suit No. 152 of 1993 seeking, inter aha a declaration that they are owners and title-holders in possession of tile suit kind fully described in Schedule 11 of the plaint and the defendant has no manner of concern with the same, and the survey entry in respect thereof in the name of the defendant is wrong illegal, void, without jurisdiction and not binding on the plaintiffs The sole defendant of the suit is Bhagalpur Municipal Corporation through its Administrator. The suit land as described in Schedule II of the plaint is a piece of land measuring 005 Hectare equivalent to 11 dhurs of plot No. 15) 67 K...
Tag this Judgment!Ganesh Sao and anr. Vs. Vakil Saw
Court: Patna
Decided on: Oct-28-1997
Loknath Prasad, J.1. This revision is directed against the order dated 1.6.92 passed by Shri M.P. Sinha, Executive Magistrate, Hazaribagh in Misc. Case No. 282 of 1980 which was a proceeding under Section 145 of the Cr. P.C. thereby and thereunder the proceeding was decided and possession of O.P. Vakil Sao who was the 1st party in the proceeding was declared.2. The fact in short for the purpose of this revision is that the aforesaid proceeding was 145 Cr.P.C. proceeding in respect of 3 acres of land of plot No. 134 of village Pundari, P.S. Katkamsundi, District Hazaribagh. It was the case of the 1st party i.e. O.P. here that the disputed land to the extent of 3 acres out of total area of 7 acres of plot No. 134 of village Pundari was taken in settlement by the father of the 1st party by virtue of Hukumnama from the ex-landlord Churamani Devi and from that time they wee in possession of the disputed land on payment of rent to the ex-landlady, and also to the State of Bihar. It was the ...
Tag this Judgment!Abhay Prakash Sahay Lalan Vs. High Court of Judicature at Patna Throug ...
Court: Patna
Decided on: Oct-28-1997
B.P. Singh, J. 1. The petitioner herein is an advocate practising before this Court. He has filed the instant petition in public interest with a view to preventing the deteriorating standard of the legal profession in the interest of proper administration of justice as also to maintain the dignity and decorum of the legal profession. He has prayed that this Court should issue an appropriate writ, order or direction commanding the High Court to make rules under Section 34 of the Advocates Act, 1961, laying down the conditions subject to which an advocate may be permitted to practise in the High Court and in the Courts subordinate thereto. In sum and substance his grievance is that entry into the legal profession with a right to practise before the High Court or Courts subordinate thereto on the mere strength of a law degree and enrolment by the State Bar Council is not sufficient to maintain the high standard which the legal profession is expected to maintain. This consequently result...
Tag this Judgment!United India Assurance Co. Ltd. Vs. Most. Somari Devi and anr.
Court: Patna
Decided on: Oct-27-1997
Gurusharan Sharma, J.1. Admittedly, the truck bearing registration No. BR-14G 0589 belonged to M/s Randev Associates Private Limited (hereinafter referred to as the Company) whereon Karma Lohar, the deceased husband of Most. Somari Devi of village Hootap, District Ranchi was employed as Helper. On July 5, 1995 at about 9.30 P.M. the said vehicle was said to have been hijacked by the miscreants/ ami social elements and the said helper was killed by them. The vehicle was insured with M/s. United India Insurance Company at the relevant time.2. Most. Somari Devi filed a claim petition under the provisions of the Workmen's Compensation Act, 1923 (hereinafter referred to as the Act) which was registered as CWC 17/96 before the Commissioner, Workmen's Compensation, Hazaribagh.The Company which was the owner of the vehicle was made opposite party No. 1 whereas Insurance Company was made as opposite party No. 2.3. According to the claimant, the deceased helper was 19 years old and was getting ...
Tag this Judgment!Somai Deogam Vs. State of Bihar
Court: Patna
Decided on: Oct-27-1997
Loknath Prasad, J.1. This appeal is directed against the judgment dated 30.4.93 passed by 1st Addl. Sessions Judge, Singhbhum West at Chaibasa in S.T. No. 374/91 thereby and thereunder the sole appellant was found guilty under Section 377 of the I.P.C. and he was convicted and sentenced to undergo R.I. for five years.2. The prosecution case in short is that the victim girl Sarsawti Icha Gutto of village Bhoya, P.S. Sadar at about 6.30 P.M. or so after purchasing rice beer (Haria) from the local shop of the village and when she was returning in her residence then on the way the appellant asked her to come immediately after keeping the rice beer in the house as he had got some urgent work with her. The victim girl after keeping the rice beer in the house came to the appellant and enquired about the work then the appellant apprehended her and put a bed sheet which he was holding and took her near a lonely place in the village near railway line and got the victim girl naked and committed ...
Tag this Judgment!Haridwar Pandey Vs. State of Bihar and ors.
Court: Patna
Decided on: Oct-27-1997
Nagendra Rai, J.1. The present application has been filed for quashing the prosecution of the petitioner in Special Case No. 158/1985 arising out of Vigilance P.S. Case No. 37(1) of 1978 under Section 5(ii) read with Section 5(i) 5(E) of the Prevention of Corruption Act.2. On 30th April, 1978 a First Information Report was lodged against the petitioner alleging that he was in possession of wealth disproportionate to his known source of his income during his service tenure. It is to be stated that at the relevant time the petitioner was acting as Executive Engineer in Road Construction Department, Darbhanga. On 2.1.81 the Investigating Agency submitted a final report stating mistake of facts. The matter was further investigated by the Vigilance Police and on 8.7.82 another report was submitted mentioning the mistake of facts. The matter was put up before the Special Judge. He however, did not agree with the final report submitted by the police and found that there was sufficient materi...
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