Patna Court December 1998 Judgments
Md. Firoz @ Afroj Alam Vs. State of Bihar
Court: Patna
Decided on: Dec-02-1998
R.N. Sahay, J.1. The appellant Md. Firoz @ Afroj Alam was, at the relevant time, the resident of Mohalla Gwalbigha in the district of Gaya. He has been convicted for an offence under Section 395 I.P.C. in S.T. No. 76 of 1994, on the file of 3rd Assistant Sessions Judge. Jehanabad and has been sentenced to imprisonment for ten years.2. The case of the prosecution was that on 19.10.93 Sheo Ram Singh, Cash Overseer and Ashish Kumar Cashier, Jehanabad main post office after taking the orders of Arjun Prasad Sharma, the then incharge postmaster went to the State Bank of India, Jehanabad to bring 4 lacs rupees from the Bank. They took Treasury Voucher Book No. A.H./63434 receipt No. 21, dated 19.10.93 also with them for obtaining the aforesaid cash of Rs. 4 lacs from the Bank. As per order of the post master they reached the State Bank of India, Jehanabad and they obtained 4 lacs rupees cash and put them in a black bag. It is also said that out of 4 lacs rupees two and half lacs of rupees w...
Tag this Judgment!Ravindra Prasad @ Ravindra Singh Vs. Raja Ram Shah Alias Rajaram Halwa ...
Court: Patna
Decided on: Dec-02-1998
R.N. Sahay, J.1. This appeal by the tenant arises out of an eviction suit filed by the landlord-plaintiff for eviction of the appellant from the suit premises on the ground of personal necessity. The interesting question for consideration is whether the landlord could sue the appellant for eviction on the ground of personal necessity when only six months prior to the filing of the suit he had taken an advance of Rs. 25,000 on condition that Rs. 100 out of it Will be monthly adjusted towards rent and accordingly Rs. 500/- were being paid by the appellant as Rs. 100/- was to be adjusted every month. The rent of suit premises is Rs. 600/- per month.2. The first plaintiff is the owner of holding No. 248 which contains two shops out of which one shop is under the tenancy of the appellant at the rate of Rs. 600/- per month. The shop was let out for a period of five years commencing from 25th May, 1985 and ending on 24th May, 1990 on the basis of oral agreement. It was also agreed that upon ...
Tag this Judgment!Rana Gajendra Prasad Singh Vs. the Union of India (Uoi) and ors.
Court: Patna
Decided on: Dec-01-1998
R.M. Prasad, J.1. With consent of the learned Counsel appearing for the parties, the writ petition itself has been heard on merit for final disposal along with the interlocutory application.2. In this writ petition, the petitioner has sought for quashing the memo dated 18.2.1985, contained in Annexure 1, whereby and whereunder he was placed under suspension by the respondent authority on account of pendency of a criminal case not related with his service. The petitioner has further sought for a direction to the respondents to pay his full arrears of salary with effect from 18.2.1985 with all legal and consequential benefits. It is submitted by the learned Counsel for the petitioner that besides denial of the aforementioned reliefs, the petitioner has also been kept denied of his subsistence allowance with effect from 1st July, 1995, without any cogent reason.3. A counter-affidavit has been filed on behalf of Garrison Engineer, Danapur Cantt. Patna (respondent No. 3). From the said cou...
Tag this Judgment!Ram Babu Kumhar Vs. State of Bihar
Court: Patna
Decided on: Dec-01-1998
1. The appellant Ram Babu Kumhar whose age was assessed to be 23 years by the trial Court but according to the statement of the appellant he was aged 17 years, has been convicted under Section 302 I.P.C. and sentenced to life imprisonment. The charge against the appellant was that on 11th October, 1983, he kidnapped Dilip Kumar, a minor son of Ramashish in order to commit his murder and in fact the murder of the boy was by drowning him in the chest deep water of Ahar. The appellant was also charged under Section 201 I.P.C. for concealing the dead body of the deceased.2. According to the prosecution the murder was committed in presence of Babloo Kumar (P.W. 10) aged only 4-5 years at the time of occurrence. This witness was produced in the Court but was unable to speak anything about the occurrence. The trial Judge has recorded that this body was unable to give evidence and so his evidence was not recorded, the conviction of the appellant was based on circumstantial evidence. The dead ...
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