Patna Court February 1998 Judgments
Mishri Yadav @ Mishri Gope Etc. Vs. State of Bihar and anr.
Court: Patna
Decided on: Feb-03-1998
1. Initially in these cases moot questions were raised for consideration whether after submission of charge-sheet within the statutory period, an accused can be remanded to custody without taking cognizance of the offence. But having gone through different orders, passed by the learned Magistrate and submission advanced on behalf of the learned Counsel appearing for the respondents, Mr. Pandey fairly agreed and rightly so, that such a question was no longer available, as cognizance in these cases were already taken. Undisputedly, stand taken by the learned Advocate is also supported by a Full Bench decision of this Court in the case of Rabindra Rai v. State ofBihar 1984 Cr. L.J. 1412, which says that after submission of charge-sheet, it may not be necessary for the Magistrate to pass an express or formal order, saying that cognizance has been taken. The moment Magistrate looks to the charge-sheet and proceeds to the next stage of the proceeding, cognizance is deemed to have been taken...
Tag this Judgment!Krishna Kumar Gidra Vs. Union of India (Uoi)
Court: Patna
Decided on: Feb-02-1998
Radha Mohan Prasad, J.1. This appeal arises out of the judgment and decree dated 24.7.1979 passed by the Additional Sub-Judge, Araria, in Money Suit No. 54 of 1976/3 of 1979.2. The plaintiff is the appellant and the defendant is the respondent. The suit was filed for realization of a sum of Rs. 18,397.50 paise for compensation and damages.3. In short, the case of the plaintiff was that six wagons containing middling coal weighing 334.50 tones were entrusted to the Railway in perfectly good order and in sound condition and booked under Railway Invoice No. 1, 2, 3, 4, 5 and 6 and Railway Receipts No. 647077 to, 647082 all dated 18.10.1973 at Swang siding a station on the line of Eastern Railway for carriage at Railway risk and to carry the said consignment from there to Jogbani, a station on the line of North-East Frontier Railway and for delivery of them at the destination to the consignee named in the Railway receipts in the same quantity, quality and bulk as was originally entrusted ...
Tag this Judgment!- ‹ Prev
- 1
- 2
- 3
- 4
- 5
- 6
- 7
- Next ›