Patna Court March 1997 Judgments
BipIn Kumar Alias BipIn Singh Vs. State of Bihar
Court: Patna
Decided on: Mar-31-1997
G.S. Chaube, J.1. Sole appellant Bipin Kumar alias Bipin Singh has been convicted under Sections 302 and 323 of the Indian Penal Code ('the Code' in short) and Section 27 of the Arms Act and has been sentenced to undergo imprisonment for life, R.I. for one year and R. I. for three years respectively. The sentences are, however, directed to run concurrently.2. The appellant was put on trial before the 5th Addl. Sessions Judge of Nalanda at Biharsharif in Sessions Trial No. 122/194 of 1989/90 on the allegation that at about 5.30 p.m. on 24-4-1988 when deceased Girish Prasad Singh of village Cheran within Harnaut police station in the district of Nalanda was outside a utensil shop at Harnaut Bazar accompanied; by his younger brother Ramesh Kumar Singh also known as Ramesh Singh (P.W. 1) the appellant went there accompanied by 4 to 5 of his associates, who could not be identified, whipped out a pistol suddenly and shot at the deceased. After shooting the deceased the appellant and his ass...
Tag this Judgment!Kale MaIn and Etc. Vs. State of Bihar
Court: Patna
Decided on: Mar-31-1997
G.S. Chaube, J.1. Both the appeals have been heard together and are being disposed of by the common judgment as they have arisen out of common judgment of conviction and sentence passed by the 4th Addl. Sessions Judge of Muzaffarpur in Sessions Trial No. 48 of 1990. The appellants in both the appeals have been held guilty for committing murder in furtherance of their common intention punishable under Section 302 read with Section 34 of the Indian Penal Code and are sentenced to undergo imprisonment for life.2. As the prosecution story goes, in the evening on 3-1-1989 at about 7 deceased Rambriksh Sah of village Methurapur Bharthi within Maniyari police station in the district of Muzaffarpur was returning home from Madarsa Bazar after selling his merchandise. When he reached at the 'Chaur' of village Bangara Chouri situated hardly at a distance of 1 K.M. from his village he was waylaid and stabbed. On his cries for help his co-villagers rushed to the Chaur to find that the said Rambrik...
Tag this Judgment!Lakhiram Hembram Alias Guria Hembram Vs. State of Bihar
Court: Patna
Decided on: Mar-31-1997
G.S. Chaube, J.1. Appellant Lakhiram Hembram alias Guria Hembram is lodged in jail on being convicted and sentenced to imprisonment for life under Section 302 of the Indian Penal Code for murdering a person, it is said, with whom he was in love.2. The case of the prosecution is that there was a love affair between the appellant and his co-villager Chero Baski, daughter of the informant Jagan Baski. Often they used to meet together during night. As usual, in the night between 19th and 20th of October, 1988 when the deceased was sleeping inside a room of the house of her parents at village Telbula within Shikaribara police station in the district of Santhal Pargana at Dumka along with her elder sister Suggi Baski (P.W. 4) and co-villager Tibbi Basera (P.W.3), the appellant went there and signalled the deceased by throwing something like small chip of stone and thereafter the deceased went with the appellant. However, the deceased did not return home during the night. In the morning she ...
Tag this Judgment!income-tax Officer Vs. Laxmi Prasad
Court: Income Tax Appellate Tribunal ITAT Patna
Decided on: Mar-29-1997
1. This is an appeal filed by the Department against an order of the CIT(Appeals) deleting an addition of Rs. 1,38,000 as "Income from other sources".2. The Assessing Officer (A. O.) found that the assessee was intercepted by customs authorities while he was en-route to Patna and on personal search, gold bars of foreign origin weighing 599.200 grams, valued at Rs. 1,38,000, were found from his possession. The same was seized by the customs authorities and the assessee was arrested. The case was pending with the customs authorities. The assessee was asked to explain the source of investment in the purchase of the gold, when he stated that it was known to his father whereas his father stated that it was known to his son. According to the Assessing Officer, both - father and son - did not deny the ownership of the gold, although in the written explanation from the assessee's counsel it was stated that the gold did not belong to the assessee. It was also submitted that if it was held to b...
Tag this Judgment!Binod Kumar Choudhary Vs. Kamal NaraIn Thakur and ors.
Court: Patna
Decided on: Mar-27-1997
B.P. Sharma, J.1. The present appeal has been filed against the award of the Claims Tribunal, Madhubani, under the Motor Vehicles Act, 1939, dated 8.5.1995 and the order of review dated 9.1.1996 in Claim Case No. 13 of 1987 and Review Petition No. 33 of 1995 respectively.2. The learned Tribunal had allowed the claim of the respondent No. 1 on account of the death of his son in a motor accident and had awarded Rs. 1,00,000 as compensation with interest at the rate of 6 per cent per annum on the same from the date of filing of the petition. The appellant herein happens to be the owner of the vehicle involved in the accident.3. A brief history of the case is like this. It appears that one young boy, Sanjay Kumar Thakur of Narpat Nagar, within the Police Station Sakri in the district of Madhubani met with an accident on 12.7.1987 in the forenoon, while he was standing near a road crossing at Sakri. It appears that a bus was standing on the road at that place and while the deceased Sanjay...
Tag this Judgment!Assistant Commissioner of Vs. Nageshwar Prasad
Court: Income Tax Appellate Tribunal ITAT Patna
Decided on: Mar-24-1997
1. The Revenue, through Assistant Commissioner of Income-tax (ACIT), has filed this appeal challenging the order of the Appellate Commissioner (A/C) dated 22-3-1990 for the assessment year 1974-75 cancelling penalty of Rs. 28,934 imposed under section 271(1)(c) of the Act. One Shri Nageshwar Prasad, who was a leading Advocate of patna died on 16-7-1977, filed a return on 30-10-1974 declaring an income of Rs. 1,27,325. As there were some mistakes in the original return a revised return was filed by him on 16-8-1976 disclosing taxable income of Rs. 1,53,991. The revised return contained bank interest and capital gain. During the pendency of the assessment proceedings the assessee i.e. Shri Nageshwar Prasad died on 16-7-1977 and his son and legal heir Shri Birendra Prasad come on record and responded to various notices of the A.O. The assessment was completed on Shri Birendra Prasad as legal heir of late Shri Nageshwar Prasad somewhere in the month of March 1984 (date is not mentioned in...
Tag this Judgment!Ganesh Shukul Alias Nagina Shukla Vs. Tikadhar Shukul and ors. (Heirs ...
Court: Patna
Decided on: Mar-21-1997
P.K. Sarkar, J.1. This second Appeal arises out of the order dated 28.4.1983, passed by the District Judge, East Champaran in T.A. No. 104 of 1982, whereby he refused to condone the delay in filing the appeal and rejected the memo of appeal as time barred. Thus, as a result the appeal automatically stood disposed of.2. The brief facts giving rise to this appeal are as follows:The Plaintiff-appellant filed a suit bearing Partition Suit No. 259 of 1976/45 of 1979 with a prayer for partition of the plaintiff's due share in the suit property, fully described in Schedule II of the plaint by metes and bounds and for allotment of separate Takhta to his share on appointment of survey knowing Pleader Commissioner. The matter was heard by the learned 1st Additional Subordinate Judge, Motihari and by his judgment dated 28.9.1982 he decreed the suit in part on contest with proportionate cost and observed in the order that the plaintiff is entitled for partition of his due share claimed in the pla...
Tag this Judgment!Chandrakant C. Adesara and ors. Vs. State of Bihar and ors.
Court: Patna
Decided on: Mar-21-1997
M.Y. Eqbal, J. 1. In the instant writ application the petitioners have challenged Rule 6 of the Bihar Stamp (Prevention of Under-valuation of Instruments) Rules, 1995 as ultravires the provisions of Indian Stamp Act, 1899 and also ultra vires Article 14 of the Constitution of India. A further prayer has been made by the petitioner for quashing the order dated 5-10-1996 issued by the District Sub-Registrar, Jamshedpur whereby the petitioner was directed to pay stamp fee amounting to Rs. 1,86,538/- and Registration fee Rs. 46,734/- in respect of the sale deed executed on 22-6-1993 in favour of the petitioners. 2. The brief facts of the case which gave rise to filing of this writ application are as follows: One M/s. Mithila Motors (Pvt.) Ltd. through its Director, Dinesh B. Parikh had purchased a building being Holding No. 20 at Contractor's Area, Bistupur, Jamshedpur by sale deed dated 23-3-1975 for a consideration of Rs. 90,000/-. It is submitted that M/s. Mithila Motors (Pvt.) Ltd. go...
Tag this Judgment!Central Coalfields Limited Vs. Gauri Shankar Singh Ramashankar Singh a ...
Court: Patna
Decided on: Mar-20-1997
Prasun Kumar Deb, J.1. Both the appeals are taken up together for hearing as the subject matter are some and are being disposed of by this common order.2. A tenant was invited by the appellant on 10.4.1980 for construction of residential quarter at Jayant Colliery and the respondent submitted his tenant which was accepted after negotiation and work order was issued on 27.9.1980 and the agreement was duty executed between the parties on 29.9.1980. As per the stipulation, the work was required to be completed by the respondent within a period of 24 months from the date of handing over of the site but the work could not be completed within the stipulated time as further specifications and some more extra works were included which were presumably as per the agreement and then the difference arose between the parlies with regard to higner payment for Petrol, Oil and Lubricants (hereinafter to be referred to as 'P.O.L.'); and materials other than steel. As per arbitration clause of the agre...
Tag this Judgment!Hari Rajwar Vs. State of Bihar
Court: Patna
Decided on: Mar-20-1997
P.K. Sarin, J. 1. This criminal revision application is directed against the judgment and order dated 4.12.1989 passed by the Sub-Divisional Judicial Magistrate, Pakur, in Cr. Misc. Case No. 6 of 1988 allowing the application of the opposite party No. 2 under Section 125 of the Code of Criminal Procedure and awarding maintenance of Rs. 200/- per month from the date of filing of the application by the opposte party No. 2. 2. The undisputed facts are that opposite party No. 2 is the wife of the petitioner and that the petitioner has married a second wife. It is also not in dispute that opposite party No. 2 was not living with her husband when the application was filed. 3. Opposite Party No. 2 filed as application under Section 125 of the Code of Criminal Procedure alleging that till 1986 the petitioner and opposite party No. 2 led a happy conjugal life and two children were born out of whom only one survived. It was alleged that the petitioner started torturing the opposte party No. 2...
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