Patna Court February 1998 Judgments
Ramu Ahir and ors. Vs. State of Bihar
Court: Patna
Decided on: Feb-11-1998
S.K. Chattopadhyaya, J.1. The appellants have impugned the judgment of conviction and order of sentence dated 1.6.1993 passed by 7th Additional Judicial Commissioner, Rarichi in Sessions Trial No. 120/88, by reason of which these appellants have been convicted and sentenced to undergo rigorous imprisonment for three years under Section 326 read with Section 149 IPC and six months rigorous imprisonment for offence under Section 147 IPC.2. It is pertinent to mention that accused Jaipal Ahir though was found guilty for an offence under Sections 147, 326 read with Section 149 IPC, has been sentenced for the period already undergone.3. The facts are simple. On 18.9.1983 Jagdeo Singh, PW 4 and Kalil Sao had gone to the house of Jagarnath Thakur of village Barabia. The date was next day of Karma festival and as local tradition, people of the village were drunk and some occurrence took place with Jagdeo Singh and Kalil Sao. Jagdeo returned to his house. At 6 PM about 3035 persons of village B...
Tag this Judgment!Kailash Prasad Chouhan Vs. Smt. Krishna Devi
Court: Patna
Decided on: Feb-11-1998
Loknath Prasad, J.1. This revision is directed against the orde: dated 23.8.97 passed by Munsif, Chaibassa, in Eviction Suit No. 3/97 thereby and thereunder the leave as. prayed by the petitioner-defendant under Section 14(4) of the Bihar Buildings (Lease, Rent and Eviction) Control Act (in short, to be called as the 'Control Act') was rejected and it was ordered by the Learned Munsif that the Eviction suit will be heard in view of the provision of Section 14(4) of the Act and the tenant has no right to contest the claim of eviction.2. The fact, in short, for the purpose of this revision is that the opposite party party filed the aforesaid Eviction suit in the Court below claiming himself to be the landlord and the suit premises is required for his personal need and necessity. The petitioner-defendant entered appearance on 2.5.97 and on three occasions or so simply filed petitions for adjournment for filling written statement and lastly on 16.6.97 prayed for leave supported with affid...
Tag this Judgment!Umesh Kumar Verma Vs. Chandrika Pd. Singh (Since Deceased) and ors.
Court: Patna
Decided on: Feb-11-1998
M.Y. Eqbal, J. 1. This civil revision application under Section 14(8) of the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1982 (hereinafter referred to as 'the said Act') is directed against the judgment and decree dated 10-1 -1997 passed by Munsif 1st, Begusarai, in Title (Eviction) Suit No. 15 of 1995 decreeing the suit of the plaintiffs-opposite parties for eviction of the defendant-petitioner from the shop premises on the ground of personal necessity. 2. Plaintiff No. 2 is the son of plaintiff I. Both the plaintiffs filed the aforesaid suit against the defendants for their eviction from the suit premises on the ground of personal necessity. The plaintiffs' case, inter alia, is that they constituted a joint Hindu family and because of old age of the plaintiff No. 1, the property is managed and looked after by his only son, plaintiff No. 2, who has been realising rent from the defendants of three shops of three storied building owned and possessed by the plaintiffs in ...
Tag this Judgment!New India Assurance Company Ltd. Vs. Indrasani Kunwar and ors.
Court: Patna
Decided on: Feb-10-1998
Loknath Prasad, J.1. This appeal is directed against the judgment dated 25.7.94 recorded by Shri Shashi Kumar Choudhary, 1st Adi. Claim Tribunal, Mazarbagh thereby and thereunder a sum of Rs. 1,03,088/- together with interest was awarded to the claimants who are respondents Nos. 1 to 3.2. The fact in short for the purpose of this appeal is that one Man Singh, the husband of the claimant, Indrasani Kunwar and the father of other two claimants was going on G.T. Road by his left side on 17.7.88 then a truck bearing No. UPX 6609 belonging to the Respondent No. 4, came with a great speed and the driver was driving the same rashly and negligently and dashed against the deceased on the Kutchcha portion of the road due to that he died on the spot and for that a police case was also instituted against the driver of the truck. For the accidental death of the deceased wife and two sons preferred aforesaid claim case and it was alleged that the deceased was working as Forester aged about 53 years...
Tag this Judgment!Singh R.N. and anr. Vs. State of Bihar and ors.
Court: Patna
Decided on: Feb-10-1998
1. The petitioners herein claim to be office bearers of Indian Cable Workers' Union; Golmuri, Jamshedpur. Petitioner No. 1 claims to be the President while Petitioner No.2 claims to be the General Secretary of the said Workers' Union. They have impugned the orders passed by Respondent No.3 dated May 7, 1984 and April 9, 1986. Annexure-12 is the order dated May 7, 1984 whereby the Joint Labour Commissioner has referred the internal disputes of the Union for adjudication by the Independent Board, South Binar Sub-Committee (Respondent No .4 herein). By order dated April 9, 1986 (An-ncxurc-13) the Joint Labour Commissioner-cum-Registrar, Trade Unions has communicated the decision of the Independent Board, which decided to call for the list of members from the rival Unions and directed holding of election under the supervision of the Registrar, Trade Unions. Accordingly, the Unions have been directed to submit the list of members giving relevant particulars. 2. The case of the petitioner...
Tag this Judgment!B.K. Pandey, Vth Additional District and Sessions Judge and anr. Vs. A ...
Court: Patna
Decided on: Feb-10-1998
1. This contempt proceeding relates to an unfortunate incident, which had taken place in the courtroom and chambers of Sri D.N. Barai, 1st Additional District & Sessions Judge at Bhagalpur on 18.11.1997, when several police officials in pre-planned and calculated manner had made murderous attack on him.2. Since admittedly the incident had undermined the dignity of Courts of the whole country, Judicial officers, Judges, Lawyers and Organisations like Bar Council of India, the Bihar State Bar Council, Judicial Officers' Association & Advocate Associations, including lawyers of the High Court felt insecured and humiliated. It would appear from various affidavits and newspapers that the State Government, the Chief Secretary, the Director General of Police, and other various organisations of the State had also condemned this unfortunate and unprecedented incident. We fully appreciate the sentiment and reaction of the lawyers and different authorities, as noticed above. Because for any civi...
Tag this Judgment!The New India Assurance Co. Ltd. Vs. Mostt. Parvati Kuer and ors.
Court: Patna
Decided on: Feb-09-1998
Gurusharan Sharma, J.1. While travelling on roof os Bus, bearing Registration No. BRF-9851, on 17.6.1988, one Hira Singh of village Dighi Kalan, District-Vaishali, was struck with branch of a tree and died. On behalf of widow and minor children of the said deceased, Claim Case No. 2A of 1988, under Section 110-A of the Motor Vehicles Act, 1939 was filed for compensation.2. In the said claim case an application under Section 92-A of the Act was filed for interim compensation. By order dated 2.2.1990, the Tribunal granted ad-interim compensation to the tune of Rs, 15000/- payable by the owner of the vehicle.3. On 25.6.1990, the Insurance Company-appellant was added as party in the claim case.4. However, by the impugned order dated 21.1.1991, the Tribunal reviewed its earlier order dated 2.2.1990 and enhanced the amount of ad-interim compensation from Rs. 15000/- to Rs. 25000/- and directed the insurer to pay the same.5. In the present case, the accident took place on 17.6.1988, when the...
Tag this Judgment!Jharia Firebricks and Pottery Works (P) Ltd. and anr. Vs. State of Bih ...
Court: Patna
Decided on: Feb-09-1998
R.A. Sharma, J.1. If a writ application has been admitted for hearing on a limited question, can this Court expand its scope and consider the other questions also at a later stage, is the question which has been referred by the leaned Single Judge to a Division Bench for decision.2. On a reference made under Section 10(1)(c) of the Industrial Disputes Act, 1947, (hereinafter referred to as the Act), the Labour Court, Bokaro Steel City, gave an award dated February 5, 1985 holding the dismissal of the workman as not justified and directing for his reinstatement in service with full back wages and benefits. It further observed that if the work of the management has been closed, then the workman shall be paid half the salary, that has accrued in his favour, till the pronouncement of the award. The management thereafter moved an application for setting aside the said award on the ground that it was ex parte. This application was rejected by the Labour Court by a reasoned order dated Octo...
Tag this Judgment!Sunil Tirkey Alias Sunit Tirkey and ors. Vs. State of Bihar
Court: Patna
Decided on: Feb-08-1998
Loknath Prasad, J.1. The Death Reference No. 2/97 (R) and the Criminal Appeal No. 103/97 (R) we taken up together as both relate to a judgment of conviction both recorded by Sri Pradeep Kumar, Addl. Sessions Judge, Gumla, in Sessions Trial No. 177 of 1995 and thereby and thereunder Sunil Tirkey and Benjamin Minj were found guilty under Section 302/34 of the Indian Penal Code and as against them a death sentence was awarded and similarly these two appellants were found guilty also under Sections 396, 120B and 201, IPC, but no separate sentences were, awarded under these counts. Appellant Prakash @ Kahto Oraon, Julius Bara and Sunil Minj were found guilty under Section 302/34 and also under Section 396, IPC and they were sentenced to undergo imprisonment for life under both the counts separately, but no separate sentence was recorded under Section 201, IPC and it was ordered that both the sentences will run concurrently. For the reason that aforesaid two appellants were awarded death se...
Tag this Judgment!Dilip Kumar Sharma Alias Dilip Sharma Vs. Divisional Forest Officer an ...
Court: Patna
Decided on: Feb-06-1998
S.K. Chattopadhyaya, J.1. Heard Mr. V. Shivnath, learned Counsel for the petitioner and Mr. P.D. Agrawal, learned G.A. on behalf of the respondents/State.2. Pursuant to orders dated 7.1.1998 and 28.1.1998 respondent No. 2, Mr. Sanjay Kumar, Divisional Forest Officer, North Division, Garhwa, is present in Court. Records of Confiscation Case No. 4/97-98 have also been produced before me for my perusal.3. In this writ application the petitioner has made a grievance that although the earst-while D.F.O. of Garhwa, after considering the allegations made against the petitioner, directed release of the vehicle by this order dated 23.9.1997 subject to certain conditions, the present respondent No. 2, on assuming charge on 24.9.1997, refused to abide by the said order of his predecessor and even though in compliance of the order dated 23.9.1997 the petitioner filed bond of Rupees five lacs and other documents, the same were not entertained and subsequently on 30.9.1997, without any rhyme and re...
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