Patna Court February 1998 Judgments
Wakil Singh and ors. and Vs. State of Bihar
Court: Patna
Decided on: Feb-04-1998
R.N. Sahay, J.1. In Sessions Trial No. 172/88/3/90 on the file of 1st Additional Sessions Judge, Muzaffarpur, seven persons were indicted for murder of Kumari Uma, aged 17 years the unmarried daughter of Nagina Singh of village Khantri Mahanand. P.S. Barauraj, the district of Muzaffarpur, One accused Bharat Singh died during the pendency of the investigation.2. Appellant Wakil Singh, the principal accused of the accused (Appellant in Cr. App. No. 144/92) was charged under Section 302 I.P.C. and Section 27 of the Arms Act. Wakil Singh again charged under Section 302/149 I.P.C. along with remaining accused, who are appellants in Cr. Appeal No. 170 of 1992.3. Appellant Wakil Singh has been sentenced to undergo rigorous imprisonment for life under Section 302 I.P.C. and further imprisonment for a term of five years for an offence under Section 27 of the Arms Act. Sentences are ordered to run concurrently. Five appellants in other appeal though charged under Sections 302/149 I.P.C. but the...
Tag this Judgment!Amarendra Prasad Singh Vs. State of Bihar
Court: Patna
Decided on: Feb-04-1998
I have heard the counsels for the parties.2. By this application, the petitioners have prayed for quashing the entire criminal prosecution launched against them in Complaint Case No. 385 of 1992 for the offences under sections 276C and 277 of the Income Tax Act, 1961 (hereinafter referred to as 'the Act').3. It appears that a complaint was filed by the Assistant Commissioner, Patna, alleging therein that the petitioner No. 1 is a registered firm under the Act and other petitioners are partners of the said firm and they are equally responsible for every act and transaction of the said firm. It is further alleged that on 26-5-1989, the accused filed original return showing total income of Rs. 1,99,390, for the assessment year 1988-89 which was subsequently revised showing total income of Rs. 2,20,470. At the time of scrutiny the learned assessing officer found that the petitioners have evaded a huge amount and have filed a false return showing less income.4. The learned counsel appearin...
Tag this Judgment!Hindustan Steel Works Construction, Ltd. Vs. Sundar Radha Kishan Bhati ...
Court: Patna
Decided on: Feb-04-1998
Loknath Prasad, J.1. This revision is directed against the order dated 5.8.96 passed by Addl. District Judge, Bokaro at Chas in M.A. No. 17/89 thereby and thereunder the temporary injunction granted by the Munsif, Chas in T.S. No. 100/88 was confirmed and it was directed that the defendant of the suit including their men, agent and officers shall not proceed with the departmental proceedings as against the plaintiff Opp-party till the disposal of the criminal case i.e. R.C. Case No. 4/87.2. The fact in short for the purpose of this application is that opposite party was working under the petitioner which is a Corporate body of the Govt. of India and his services were deputed to another Govt. Company known as British Corporation Ltd. and after termination of lien the Opp-party plaintiff reverted to the petitioner's Company. The allegation in short that the plaintiff Opp-party forged some letters of the company and on that basis had drawn excess salary and other allowances. So a crimina...
Tag this Judgment!Nagina Sah Vs. Sagir Alam and ors.
Court: Patna
Decided on: Feb-03-1998
Radha Mohan Prasad, J.1. This second appeal arises out of the judgment and decree dated 29.5.1984 passed in Title appeal No. 109/8 of 1979/84 by the 3rd Additional Sub-Judge, Siwan setting aside thereby the judgment and decree dated 21.5.1979 passed by the 3rd Additional Munsif, Siwan in Title Suit No. 395/203 of 1970/78.2. The suit was for redemption of mortgage deed with respect to three plots, bearing Plots No. 781, 789 and 790 of Khata No. 31 of village Barba measuring 10 Kathas 10 Dhurs on payment of Rs. 250/-, the consideration amount and for recovery of possession from the defendant No. 1 appellant in the Court below as well as from the defendant/respondent second party in the Court below with costs and any other relief.3. Plaintiff is the appellant in the present appeal. According to the case of the plaintiff-appellant, the aforementioned plots in question originally belonged to one Babban Parvat who mortgaged it for Rs. 250/- in favour of Ish Mohammed, who was the ancestor of...
Tag this Judgment!Most Sumitra Devi and ors. Vs. R.M. Engineering Works and ors.
Court: Patna
Decided on: Feb-03-1998
M.Y. Eqbal, J.1. This Civil Revision application at the instance of the plaintiffs-petitioners is directed against the order dated 17.12.1996 passed by the Special Execution Munsif, Muzaffarpur, in Eviction Suit No. 4 of 1992 refusing the prayer for amendment of the plaint.2. The plaintiffs-petitioners filed Eviction Suit No. 4 of 1992 in the Court of Munsif (East) Muzaffarpur for a decree for eviction on the ground of default. Originally the suit was filed by one Ramdeo Choudhury, who died during the pendency of the suit and his heirs have been substituted. The plaintiffs' case, in brief, is that the suit premises detailed in Schedule-I of the plaint appertaining to Revisional Survey Plot No. 1764, Khata No. 667, was the exclusive property of the plaintiffs which was let out to the defendants on monthly rental of Rs. 250/-. The defendants executed a Kirayanama dated 1.1.1974, whereby relationship of landlord and tenant was created. The plaintiffs' further case is that Schedule-I prop...
Tag this Judgment!Kanhaiya Lal Tiwari and ors. Vs. Most. Guneshwar Kaur and ors.
Court: Patna
Decided on: Feb-03-1998
Radha Mohan Prasad, J.1. This appeal is directed against the judgment and decree dated 30th June, 1994, passed in T.A. No. 31 of 1991 by the Second Additional District Judge, Gopalganj dismissing the appeal and affirming the judgment and decree passed by the Munsif, Gopalganj in Partition suit No. 293 of 1956.2. In short, the relevant fact is that the suit was compromised and the preliminary decree was accordingly prepared on 11.12.1957. After preparation of the said preliminary decree the plaintiffs filed an application for preparation of final decree. Accordingly, the final decree was prepared on 9.4.1991 by the trial Court. The defendants-appellants 1 to 3 preferred T.A No. 31 of 1991 against the said final decree, which has been dismissed and the judgment of the trial Court has been affirmed.3. It is contended by Mr. Dwivedi, learned senior Counsel appearing for the appellants that the proceeding for preparation of final decree was not maintainable, as it was in variance of the te...
Tag this Judgment!Kolsite Machine Fabric Ltd. Vs. State of Bihar and anr.
Court: Patna
Decided on: Feb-03-1998
S.K. Chattopadhyaya, J.1. Since common facts and questions of law are involved in these two revision applications, they have been heard together and are being disposed of by this common order.2. Whereas in Cr. Revision No. 160/97R Satya Narayan Gopilal Kabra, the Managing Director of M/s. Kolsite Machine Fabrik Ltd. Bombay is the petitioner; in Cr. Rev. No. 166/97R the Company itself is the petitioner being represented by its office superintendent.3. The order dated 21.8.97 passed by the Sub-Divisional Judicial Magistrate, Seraikella in C/1 case No. 56/94 has been impugned in both the cases by reason of which the prayer for discharge of the petitioners has been refused.4. Before adverting to the submissions advanced on behalf of the parties brief facts of the case are necessary to be stated : The opposite party No. 2, Rajendra Kumar Agrawalla, the proprietor of Sri Shyam Industries, filed a complaint alleging, inter alia, that one Om Prakash Agrawalla of Bistupur supplied brochures an...
Tag this Judgment!State Bank of India Vs. Union of India (Uoi) and ors.
Court: Patna
Decided on: Feb-03-1998
A.K. Ganguly, J. 1. This writ petition has been filed by the State Bank of India (hereinafter referred to as the Bank) through its Personal Manager challenging an award passed by the Central Government Industrial Tribunal No. 2, Dhanbad in Reference Case No. 158 of 1986. The said award is dated December 9, 1988. By the said award respondent workman Shiv Shankar Tiwary has been reinstated in service with back wages and other benefits available to him from May 1,1984. 2. The reference which was sent for adjudication before the said Tribunal is as follows: 'Whether the action of the management of State Bank of India in terminating the services of Sri Shiv Shankar Tiwary, Cashier, Bihta Branch with effect from May 1,1984 is justified? if not, to what relief the workman is entitled?' The notice of termination dated May 1,1984 which was issued by the said bank and as a result of which respondent No. 3 was dismissed has also been quoted in the said award. The contents of the said notice is...
Tag this Judgment!Ramadhar Singh Vs. Sadan Prasad and ors.
Court: Patna
Decided on: Feb-03-1998
M.Y. Eqbal, J.1. This Civil Revision application is directed against the order dated 22.7.1996 passed by the Execution Munsif, Civil Court, Patna, in Execution Case No. 4 of 1994 by which the Court below rejected the petitions of the judgment-debtor-petitioner wherein prayer was made for dismissal of the aforesaid Execution Case No. 4 of 1994.2. For better appreciation of the case of the parties, some facts in detail are necessary to be stated herein. The plaintiffs-opposite parties 1 and 2 filed Partition (Title) Suit No. 44 of 1962 for partition of their 1/3rd share in the suit property, consisting of three plots, being Plot Nos. 768, 772 and 773, situated in Mohalla-Mahendra, P.S. Sultanganj, within the district of Patna. The suit properties originally belonged to one Bisheshwar Mistri, who died intestate in the year 1956, leaving behind his widow, named, Sundari Devi and two daughters, namely, Mitra Devi and Ishwari Devi. Sundari Devi sold 2 Kathas of Plot No. 773 to Raghubir Mist...
Tag this Judgment!Awadesh Kumar and ors. Vs. State of Bihar and ors.
Court: Patna
Decided on: Feb-03-1998
R.A. Sharma and A.K. Prasad, JJ.1. The petitioners-appellants had filed a writ petition being CWJC No. 2389 of 1996 (R) seeking writ of mandamus directing the respondents to release the payments with interest in their favour for the various contract jobs executed by them during the period 1990-91 and 1991-92. The writ petition having been dismissed by the Bench of the learned Single Judge, the writ petitioners have filed the present Letters Patent appeal.2. The grievance of the petitioners-appellants is that the Government has made a contract with them for construction works, including repairs, alterations, painting and supply of materials and although they have performed their part of the contract, but the Government has failed to discharge their own obligations under the said contract. Therefore, it is submitted that appropriate directions be issued to the respondents for payment of the amount due from it under the contract.3. We have heard the learned Counsel for the parties.4. The...
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