Patna Court February 1998 Judgments
Ashok Kumar Saw Vs. Smt. Yashomati Devi
Court: Patna
Decided on: Feb-27-1998
M.Y. Eqbal, J.1. This Civil Revision application is directed against the order dated 15.12.1997 passed by the Munsif, Khunti, in Eviction Title Suit No. 5 of 1995, whereby the application filed by the defendant-petitioner under Order VI, Rule 17 of the Code of Civil Procedure has been rejected and prayer for amendment of the written statement was refused.2. The facts relevant for the purpose of deciding the question are that the plaintiff-opposite party filed Eviction Title Suit No. 5 of 1995 before the Court of Munsif, Khunti, for eviction of the defendant-petitioner from the suit premises on the ground of personal necessity for her son for engaging him in business in the suit premises. The defendant-petitioner contested the suit by filing written statement. The learned Munsif after hearing the parties, decreed the aforesaid suit in terms of the judgment and decree dated 24.6.1996. The defendant-petitioner aggrieved by the judgment and decree filed Civil Revision application being C....
Tag this Judgment!Anil Singh Vs. Nimai Ghosh and ors.
Court: Patna
Decided on: Feb-27-1998
M.Y. Eqbal, J.1. This Misc. appeal, at the instance of the plaintiff-appellant is directed against the order dated 19.1.1998 passed by Subordinate Judge IV, Jamshedpur, in the District of Singhbhum (East) in Title Suit No. 35 of 1996 vacating the order of injunction dated 17.10.1996 in purported exercise of jurisdiction under Order XXXIX, Rule 4 of the Code of Civil Procedure (for short 'the Code') at the instance of defendant No. 1(a).2. The facts of the case lie in a narrow compass. The plaintiff-appellant filed the aforesaid suit for specific performance of contract for sale against the Principal defendant namely, Nimai Ghose. The plaintiff's case is that defendant No. 1 sold an area of 216 Sq. ft. with a Kutcha structure thereon at TISCO'S Holding No. 158, Sakchi New Planning Area, in the town of Jamshedpur to the plaintiff by a registered sale deed dated 25.4.1995 and put him in possession of the same. After purchase the plaintiff demolished the old structure and constructed pucc...
Tag this Judgment!Rajendra Rai Vs. State of Bihar
Court: Patna
Decided on: Feb-27-1998
Aftab Alam, J.1. The sole appellant Rajendra Rai stands convicted under Section 376 of the Penal Code and sentenced to undergo imprisonment for a period of ten years and also to pay a fine of Rs. 2000/- and in default to undergo rigorous imprisonment.2. The prosecution case was instituted on the basis of a written report (Ext. 4) submitted by Sachindra Sah, the father of the victim Neelam Kumari at Bidupur police station on 24.5.1987 at 10.45 a.m. A formal F.I.R. (Ext. 1) was drawn up incorporating the written report and giving rise to Bidupur P.S Case No. 099/1987.3. In the written report, it was stated that on 18.5.1987 around 10-1 I a.m. the informant's daughter Neelam Kumari, aged about 12 years had gone towards village Phulpura for collecting firewood. She returned at about 4-5 in the evening and said that at about 12 in the noon while she was collecting dried wood in the orchard of Awadh Kishore Mishra towards the north of Phulpura village, the appellant came there and dragged h...
Tag this Judgment!Bijoy Kumar Choudhary and ors. Etc. Vs. Member, Board of Revenue and o ...
Court: Patna
Decided on: Feb-27-1998
Prasun Kumar Deb, J.1. Both these cases have been heard analogously as the points involved are almost same and similar although the facts and circumstances are a bit different. Let me first of all state the facts of both the cases separately.2. In C.W.J.C. No. 2641 of 1988(R), prayer has been made for issuance of an appropriate writ in the nature of certiorari for quashing the order dated 3-11-88 passed by the Member, Board of Revenue (respondent No. 1) in Lohardaga Revenue Revision Case No. 268 of 1987 (Annexure-9) and the order dated 7-9-87 passed by the Commissioner, South Chotanagpur Division, Ranchi, in Lohardaga Revenue Revision No. 251 of 1987 (Annexure-8) and the order dated 2-6-87 passed by the Deputy Commissioner, Lohardaga, in case No. 2/87-88 (Annexure-7) and the order dated 15-1-86 passed by the Circle Officer, Lohardaga (respondent No. 4) in Misc. Case No. 5/85-86 with the approval of the respondent No. 2 vide letter No. 46 dated 7-1-87 (Annexure-6) and the demand notic...
Tag this Judgment!Central Coalfields Limited Vs. Dutta Construction
Court: Patna
Decided on: Feb-27-1998
Prasun Kumar Deb, J.1. This appeal has been preferred against the judgment and award dated 23.2.1993 passed by the then Subordinate Judge, 1st Court, Ranchi, in Miscellaneous Case No. 4 of 1989.2. The respondent entered into a contract with the appellant for construction of Intake Well-cum-Raw Water Pump House at Jarangdih. The work order was issued to the respondent on 16.10.1969. Although the work order for the approved work comprised in the agreement was executed between the parties on 25.10.1969, the work order had already been issued to the respondent on 16.10.1969. The respondent started the execution of the work. However, some dispute arose between the parties subsequently with respect to the shifting of sites and other modification in its design and the nature of the work to be undertaken as per the agreement. The work site was originally at the river bed of Damodar but afterwards it was changed to a place on the river bank. According to the respondent, on this account of shif...
Tag this Judgment!Sheo Kumar and ors. Vs. State of Bihar
Court: Patna
Decided on: Feb-27-1998
N. Pandey, J.1. These three appeals are directed against the judgment and order dated 17.8.1993, passed by the District & Sessions Judge, Nalanda at Biharsharif, in Sessions Trial No. 501 of 1992, whereby, he has held appellant Gorelal Singh responsible for the murder of deceased Ram Niwas Singh and sentenced him to undergo imprisonment for life under Section 302 of the Indian Penal Code and a further sentence of two years rigorous imprisonment under Section 27 of the Arms Act besides the sentences of one of year's rigourous imprisonment under Section 148 of the Indian Penal Code. Appellants Hari Kant Singh, Srikant Singh, Ram Sarowar Singh, Sheo Kumar Singh, Ram Nandan Singh and Ramadhar Singh alias Khadi Singh were sentenced to undergo life imprisonment under Section 302 read with Section 149 of the Indian Penal Code besides the sentence of one year's rigorous imprisonment under Section 148 of the Indian Penal Code. Appellants Hari Kant Singh and Sri Kant Singh have further convicte...
Tag this Judgment!National Insurance Co. Ltd. Vs. Abha Sinha and ors.
Court: Patna
Decided on: Feb-27-1998
M.Y. Eqbal, J.1. This appeal, by the appellant National Insurance Co. Ltd., is directed against the judgment and award dated 31.5.1991 passed by the Motor Accidents Claims Tribunal, Hazaribagh, in Misc. Claim Case No. 25 of 1990 by which the learned Tribunal awarded a sum of Rs. 13,16,755 by way of compensation on account of death of Major Niraj Sinha, an army officer in a motor vehicle accident. The claimants-respondents, who are widow and children, filed the afore mentioned claim for grant of compensation alleging, inter alia, that the deceased had boarded a mini bus bearing registration No. BRL 2223 at the Koderma Railway Station in the morning of 3.1.1990 for coming to Hazaribagh town. It is said that the vehicle was being driven in a very rash and negligent manner and dashed against a roadside tree as a result of which three occupants of the bus including driver and the deceased were killed. A number of other persons sustained injuries and were removed to hospital. The deceased ...
Tag this Judgment!Orient Engineering Construction Vs. State of Bihar and ors.
Court: Patna
Decided on: Feb-27-1998
B.M. Lal, C.J. 1. The judgment passed in this writ petition shall govern the disposal of following writ petitions as well : (1) C.W.J.C. No. 1581 of 1988 (Nityanand Dubey v. State of Bihar) (2) C.W.J.C. No. 1598 of 1988 (Umesh Kumar Jaiswal v. State of Bihar) (3) C.W.J.C. No. 1462 of 1988 (Ram Prasidh Singh v. State of Bihar) (4) C.W.J.C. No. 1476 of 1988 (Krishna Enterprises v. State of Bihar) (5) C.W.J.C. No. 2117 of 1988 (Deepak Construction v. State of Bihar) (6) C.W.J.C. No. 2192 of 1988 (Arvind Kumar Mishra v. State of Bihar) (7) C.W.J.C. No. 1672 of 1988 (Ajay Kumar v. State of Bihar) (8) C.W.J.C. No. 1582 of 1988 (Vikash Engineering Company v. Union of India) (9) C.W.J.C. No. 1575 of 1988 (Bhrugu Nath Pandey v. State of Bihar) (10) C.W.J.C. No. 1569 of 1988 (Shankar Prasad v. State of Bihar) (11) C.W.J.C. No. 1562 of 1988 (Baleshwar Prasad v. State of Bihar) (12) C.W.J.C. No. 1535 of 1988 (Ajay Construction v. State of Bihar) (13) C.W.J.C. No. 2189 of 1988 (Chandrahas Rai v....
Tag this Judgment!Rudal Singh and ors. Vs. Additional Member, Board of Revenue and ors.
Court: Patna
Decided on: Feb-26-1998
S.N. Jha, J.1. This writ petition arises out of a proceeding under Section 16(3) of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961. The preemptors are the petitioners. They seek quashing of the order of the DCLR, Buxar, as well as the appellate order of the Additional Collector, Buxar and the revisional order of the Additional Member, Board of Revenue. In other words, they have lost before all the authorities below. Their claim has been rejected with a concurrent finding that they are not adjacent raiyats of all. the plots of land transferred to the transferee Sri Krishna Singh, respondent No. 4 herein.2. The subject matter of the proceeding are lands of plot Nos. 395, 469, 483. 515, 554, 577, 581 of Khata No. 227 and plot No. 134 of Khata No. 85, situate in Village Mahila in the district of Buxar. According to the petitioners, they had purchased portions of the same very plots on 21.11.78 and 1.6.81. Thus being cosharers of the land transf...
Tag this Judgment!Manraj Mahto and ors. Vs. State of Bihar and ors.
Court: Patna
Decided on: Feb-26-1998
N. Pandey, J.1. These six appellants were called upon the explain charges for the murders of Baijnath Ram. Rama Shankar Chauhan and Vishwakarama Chauhan. On trial the Additional District & Sessions Judge, Chapra by his judgment dated 28th August, 1992 in Session Trial No. 266 of 1990/11 of 1990, has convicted and sentenced appellants Sheopujan Mahto and Bilas Mahto under Section 302 of the Indian Penal Code and sentenced each of them to undergo imprisonment for life. They have also been convicted under Section 148 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for three years. Appellants Manraj Mahto and Dharam Nath Mahto have, however, been convicted under Section 302 read with Section 149 of the Indian Penal Code and sentenced to undergo imprisonment for life. Appellant Dharam Nath Mahto has further been convicted under Sections 147 and 323 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for one year. Appellant Manraj Mahto has also b...
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