Patna Court October 1999 Judgments
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Manna Lal Kedia and ors. Vs. State of Bihar and ors.
Court: Patna
Decided on: Oct-04-1999
Sachchidanand Jha, J. 1. This civil revision by the defendants is directed against an order by which the Court below has rejected their application for referring the dispute to the Arbitrator and stay of further proceedings in the suit. 2. The plaintiffs-opposite party. State of Bihar and its officials, filed Money Suit No. 2 of 1995 for recovery of the price of 294.12 M.T. steel slabs equivalent to 264.715 M.T. of M.S. rod or its present market price According to the plaintiffs, the defendants had entered into an agreement for delivery / supply of 264.715 M.T. of M.S. rod but failed to make the delivery causing pecuniary loss to the State. On 9-9-96 the petitioners filed an application to dismiss the suit as not maintainable on the ground of limitation. On 9-12-96 they filed another application under Section 8 of the Arbitration and Conciliation Act, 1996, describing the same as supplementary application to the application dated 9-10-96, wherein they made a prayer for appointment of...
Woodman Industries and ors. Vs. State of Bihar and ors.
Court: Patna
Decided on: Oct-04-1999
1. The question raised in these three writ petitions being the same they have been heard together and are disposed of by this common judgment. The question is whether 'veneer' is a forest produce within the meaning of the Indian Forest Act, 1927 (in short, 'the Act'), so as to make the provisions of the Act applicable to it and confer jurisdiction upon the Forest officials to seize and confiscate the goods under the Act.2. The representative facts may be noticed from the writ petition in Cr.W.J.C. No. 313/95. Petitioner No. 1 of the case is a registered partnership firm, while the other petitioners are said to be related to the holder of the power of attorney on behalf of the firm or owner of the vehicle, its Khalasi and driver. On 19-4-95 the vehicle, a truck bearing registration No. BRF 6941 laden with veer, was intercepted at zero mile post at Araria by the officials of the Forest Department. They demanded the papers with respect to the goods which were not shown. On suspicion the ...
Ram Swarup Thakur Vs. State of Bihar
Court: Patna
Decided on: Oct-04-1999
R.N. Sahay, J. 1. Appellant Ram Swarup Thakur was aged about 40 years at the time of his conviction. He has been convicted under Section 304, Part II of the Indian Penal Code and sentenced to seven years imprisonment by the Sessions Judge, Sitamarhi by judgment and order dated 5th July, 1989 in Sessions Trial No. 48/85. The appellant was tried for having committed murder of his own son Santosh Thakur on 20-3-1984 in village Chak Donai P.S. Runnisaidpur in the district of Sitamarhi.2. Learned Sessions Judge, however, has given his finding that the charge under Section 302, I.P.C. has been brought home against the appellant but without assigning any reason he has convicted the appellant under Section 304, Part II of the Indian Penal Code.3. Only question that arises for consideration in this appeal is whether the finding of the trial Judge is vitiated for not recording categorical finding whether the appellant was suffering from legal insanity and therefore entitled for protection unde...
State of Bihar and Etc. Vs. Satya Narayan Mishra and ors., Etc.
Court: Patna
Decided on: Oct-01-1999
M.L. Visa, J. 1. This common judgment shall govern the disposal of all these three appeals which have been heard together as they arise out of the same judgment dated 4-2-1998 and order dated 5-2-1998 passed in Sessions Trial No. 178 of 1995 by 2nd Additional Sessions Judge, Darbhanga.2. The State, the appellant in Govt. Appeal No. 22 of 1998, Satya Narain Mishra, Umesh Mishra, Pappu Mishra and Dipu Mishra, appellants in Cr. Appeal No. 107 of 1998, and Jaishankar Mishra, Nageshwar Mishra and Kuseshwar Mishra, appellants in Cr. Appeal No. 125 of 1998, are aggrieved by the aforesaid judgment and order of 2nd Additional Sessions Judge, Darbhanga. The State, for the reason that the appellants have been acquitted of the charge under Section 396 of the Indian Penal Code and the appellants, for the reason that they all have been wrongly convicted under Sections 395 and 397 of the Indian Penal Code and each one of them has been sentenced to undergo R. I. for 10 years under Section 395 of the ...
Lalita Devi Vs. Bihar State Electricity Board and ors.
Court: Patna
Decided on: Oct-01-1999
S.J. Mukhopadhaya, J.1. The husband of the petitioner, late Sidheshwar Prasad Sinha was in the service of the Respondents Bihar State Electricity Board (Board for short). While in service and posted at Patratu Thermal Power Station, Patratu at Hazaribagh, he died on 30th June 75. After his death, though the Board provided certain death benefits to the petitioner (widow), the rest benefits including arrears having not paid, the present writ petition was preferred in the year 1996.2. During the pendency of the writ petition, the petitioner has been provided with amounts towards arrears of salary; gratuity; contributory provident fund. Earlier, the Group Insurance amount was also paid to her.3. According to the petitioner, she was also entitled for family pension; accidental benefit and certain payment towards over-time.The Respondents have taken plea that the family pension scheme was not applicable to the deceased husband of the petitioner, nor the the petitioner is entitled for any a...
Sk. Saukat Ali and ors. Vs. State of Bihar
Court: Patna
Decided on: Oct-01-1999
Ravi Nandan Sahay, J.1. There are as many as six appellants in this appeal which has been preferred against the judgment and order of the 3rd Additional Sessions Judge, Bhagalpur dated 31st July, 1989. The first appellant is Sk. Saukat Ali. Appellant No. 4 Sk. Mustaquin and appellant No. 6 Sk. Khalil are sons of first appellant, Saukat Ali. Appellant No. 5 Sk. Wasir is own brother of appellant No. 1. Appellant No. 2 is Sk. Alam and appellant No. 3 is Sk. Hasnain. All the appellants have been convicted under Section 326 read with Section 149 of the Indian Penal Code and sentenced to five years imprisonment. Appellant Saukat Ali and Sk. Khalil have been convicted twice for the same offence i.e. Section 326 of the Indian Penal Code. Appellant Sk. Mustaquin and Sk. Wasir have also been convicted under Section 324 of the Indian Penal Code and sentenced to two years although they have been convicted under Section 326 of the Indian Penal Code, All the six appellants have been further convic...
Ayodhya Upadhya Vs. State of Bihar and ors.
Court: Patna
Decided on: Oct-01-1999
Aftab Alam, J.1. The petitioner seeks to challenge the orders passed under the Minimum Wages Act in which he is held to be the employer of respondent No. 6 and is directed to pay certain amounts being the differential wages alongwith penalty as claimed by respondent No. 6. 2. On behalf of respondent No. 6 a claim was made against the petitioner stating that he was employed as a jeep driver and was paid wages at a rate lower than the minimum wages fixed under the Act. A prayer was accordingly made to direct the petitioner to pay him the differential wages alongwith penalty. 3. The authority under the Minimum Wages Act allowed the claim and on appeal the order passed by the competent authority was affirmed. 4. Counsel appearing for the petitioner assailed the orders passed by the authorities under the Minimum Wages Act on a simple but effective ground. It was submitted that 'driver' was not a scheduled employment under the Minimum Wages Act and a driver does not find mention in the sch...
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