Patna Court December 1999 Judgments
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Moti Shah Vs. Bulaki Sah and ors.
Court: Patna
Decided on: Dec-16-1999
P.K. Deb, J.1. This appeal has been preferred against the judgment and decree dated 31-1-19 86 passed by the 8th Additional District Judge, Munghyer, in Title Appeal No. 44 of 1981 reversing the judgment and decree dated 26-9-1981 passed by the Munsif-I, Munghyer, in Title Suit No. 38/6 of 1975-80.2. At the admission stage under Order XLI, Rule 11 of the Code of Civil Procedure, the respondents have been noticed and heard both the parties on merit also. The plaintiff-respondents filed the suit for declaration of title and also for recovery of possession in respect of the suit land appertaining to plot No. 121, khata No. 55, Touzi No. 4884 of Mouza Ramchandrapur P.S. Jamalpur within the district of Munghyer as described in Schedule-II of the plaint. The area of the suit land is 17 decimals towards north. The admitted position remains that one Gohan Sab was the original owner of the whole of the suit plot measuring 34 decimals. He left behind two sons Sonu and Chhathu. Sonu left the pl...
Sri Abhijit Sinha, Spl. Judge, Vigilance Vs. S.Z.H. Zafari and anr.
Court: Patna
Decided on: Dec-16-1999
M.L. Visa, J.1. This reference under Section 395 of the Code of Criminal Procedure has been made by the Special Judge, Vigilance, South Bihar, Patna, by order dated 5-2-98 passed in Special Case No. 90/90 arising out of Vigilance P.S. Case No. 50/90 pending in his Court referring for decision of this Court the following questions of law which arose before him during the hearing of the aforesaid case:(i) Whether previous sanction under Section 197(1), Cr, P.C. was a pre-requisite for the prosecution of a public servant for commission of offences both under the Prevention of Corruption Act, 194 7 as also Penal Code if such person had ceased to be a public servant on the date of taking cognizance.(ii) Whether previous sanction under Section 6 of the Prevention of Corruption Act, 1947 is a pre-requisite for the prosecution of an accused public servant who had ceased to be a public servant on the date of taking cognizance of offences under the Prevention of Corruption Act, 1947 and the Pe...
Babunand Rai and ors. Vs. State of Bihar
Court: Patna
Decided on: Dec-16-1999
R.N. Sahay, J.1. Village Dubha is situated at a distance of 10 kms. west to Adapur Police Station in the district of East Champaran. On 18-10-74, this village witnessed a gory crime in which Hariharnath Singh and America Rai Singh were shot dead by armed miscreants of the same village. The incident happened near the house of the deceased. The F.I.R., was lodged by Bhagnarayan Roy, the own brother of the deceased on next day at 4 a.m. when police arrived on rumour of the incident.2. According to the version in the fardbeyan informant Bhagnarain Singh was on village road in front of his house along with his brother Hariharnath Singh (deceased). They were feeding their cattle in their Gowas which is adjacent south of the Baithka of Inder Rai and adjacent . east of the village road. The persons named in the fardbeyan came from east near of the Baithka of Daroga Rai on the village road. Out of twenty-one named accused in the fardbeyan Lallan Singh, Ram Ekbal Singh, Sri Narain Singh and Sh...
Bihari Ram Vs. State of Bihar
Court: Patna
Decided on: Dec-16-1999
D.P.S. Choudhary, J.1. This application in revision is directed against the judgment and order dated 29-11-95, passed by the Addl. Sessions Judge, IInd, Patna in Cr. Appeal No. 23/92, by which he dismissed the appeal and confirmed the judgment and order of conviction dated 3-3-92, passed by the Judicial Magistrate, Ist Class, patna, in G.R. No. 336/ 89, convicting the petitioner under Section 409, I.P.C. and sentencing him to undergo rigorous imprisonment for three years.2. The prosecution case in brief is that the Booking Supervisor, Patna lodged a written report on 20-1-89 addressed to the Officer Incharge, Govt. Railway Police, alleging therein that on 4-1-89, it was brought to his notice that excess fare tickets book having ticket No. 800224 to 800249, was handed over to Mr. Bihari Ram, the petitioner at 14 hours on 4-1-89 after issuing of the ticket up to 800224 of the said book by Sri Binod Kumar Singh, ABC/PMBE for further issue. But the petitioner, Bihari Ram did not mention ...
Lal Das Singh and anr. Vs. State of Bihar
Court: Patna
Decided on: Dec-15-1999
R.N. Prasad, J.1. The appeal has been preferred against the judgment and order dated 2-6-1989, passed by the Addl. Sessions Judge, XI, Patna in S.T. No. 586/79 of 1984/1986, whereby appellants Mahendra Singh and Nagendra Singh were convicted for the offence under Section 324, Indian Penal Code and have been sentenced to undergo rigorous imprisonment for three years. They have further been convicted for the offence under Section 148 of the Indian Penal Code and have been sentenced to undergo rigorous imprisonment for two years. Rest of the appellants have been convicted for the offence under Section 147 of the Indian Penal Code and have been sentenced to undergo rigorous imprisonment for one year2. The occurrence is alleged to have taken place on 23-10-1980. It has been alleged that while the informant was in his field the appellants came variously armed. Appellants Mahendra Singh and Nagendra Singh assaulted the informant with Bhala. On the aforesaid fardbeyan, a formal First Informa...
Suvuklal Singh and ors. Vs. State of Bihar
Court: Patna
Decided on: Dec-15-1999
M.L. Visa, J.1. This appeal is directed against the judgment and order dated 27.2.87 passed by 5th Addl. Sessions Judge, Munger in S.T. No. 106 of 1984 convicting and sentencing all the four appellants to undergo imprisonment for life under Sections 302/34 of the Indian Penal Code (hereinafter to be referred to as 'the Code').2. The case of the prosecution in short is that on 23.8.83 Medi Singh, deceased brother of informant Nakchedi Singh (P.W. 4) had gone to see his field situated towards north of village Sirsia Bandh. At that time, the informant was at his Basa (a sitting place). At about 3.00 p.m., the informant heard hulla and when he ran towards the direction from where hulla was coming he found that all the four appellants were assaulting his brother Medi Singh with lathis in a field situated towards north of his basa. He also found that the appellants had let their buffaloes enter in his field where Channi and Kelai crops had been grown. On hearing hulla, the informant along w...
Smt. Phuljhari Devi Vs. Union of India (Uoi) and ors.
Court: Patna
Decided on: Dec-15-1999
Sudhir Kumar Katriar, J. 1. This writ petition under Articles 226 and 227 of the Constitution of India has been preferred with a prayer to declare the petitioner as number one candidate for awarding retail outlet dealership of the Indian Oil Corporation at By Pass Road, Chapra town on the basis of performance and 1 he marks given by the members and to appoint her as such after setting aside the dealership granted in favour of respondent No. 4. 2. The Indian Oil Corporation (hereinafter referred to as 'the Corporation') published an advertisement on 23-2-93 for the physically handicapped candidates for appointment of retail dealership at Chapra By Pass Road. Residents of the five districts including the district of Chapra could apply for the same. The petitioner as well as respondent No. 4 submitted their applications for the same among others. Both of them were called for interview which took place on 30-8-95. The interview was conducted by a body constituted by respondent No. 4 whic...
Birendra Kumar Singh and ors. Vs. Jayant Kumar Dutta and ors.
Court: Patna
Decided on: Dec-15-1999
P.K. Deb, J. 1. This revision petition has arisen against the order dated 28-3-1998 passed by Sub-Judge-I, Dumka, in Title Suit No. 37 of 1992 whereby and whereunder the amendment sought for by the petitioners has been rejected.2. The petitioners as plaintiffs filed the above-mentioned suit against the defendants-opposite parties for getting the Kebala in respect of the scheduled land from the defendants on the basis of the agreement for sale arrived at. It was the contention of the plaintiffs in the suit that the agreement for sale was arrived at on payment of an amount towards the consideration for sale and the possession was remained with the plaintiffs as they were in possession over the same as tenant of the defendants. But, with this plea or that the sale-deed was not being executed, although the plaintiffs were pressing for the same. But, on different occasions further payments were taken from the plaintiffs by the defendants towards the agreement for sale. Lastly, the plainti...
Mohd. Ali Khan (2) Sarswati Stores Vs. Cit and anr.
Court: Patna
Decided on: Dec-15-1999
Nagendra Rai J.In both the applications the petitioners have challenged the orders rejecting their declaration under the Kar Vivad Samadhan Scheme, 1998 (hereinafter referred to as "the Scheme"), and as such they have been heard together and are being disposed of by this common order.2. In C.W.J.C. No. 3317 of 1999(R), the petitioner has challenged the order dated 25-2-1999, passed by the Commissioner of Income Tax, Ranchi, Camp-Jamshedpur (respondent No. 1), rejecting the declaration under the scheme on the ground that the petition filed before the Income Tax Appellate Tribunal under section 254(2) of the Income Tax Act, 1961 (hereinafter referred to as "the Act"), cannot be considered as a pendency of appeal in terms of clause 95(i)(c) of the scheme.In C.W.J.C. No. 3318 of 1999(R), the petitioner has challenged the order of the same date passed by respondent No. 1 rejecting the declaration under the scheme on the ground that there is no outstanding demand as the ...
Gora Singh and ors. Vs. State of Bihar
Court: Patna
Decided on: Dec-15-1999
R.N. Prasad, J.1. The appeal has been preferred against the judgment and order dated 31-5-1989 passed by the Sessions Judge, Nawada in S.T. No. 468/84 whereby the appellants have been convicted for the offence under Sections 307/149 of the Indian Penal Code and have been sentenced to undergo rigorous imprisonment for five years.2. The occurrence is alleged to have taken place on 4-1-1981. It has been alleged by the informant Rajendra Singh that the appellants came variously armed and assaulted him, P.W. 1 and P.W. 2. The motive of the occurrence as alleged was previous enmity and litigation. On the fardbeyan of the informant, a formal First Information Report was drawn and after investigation charge-sheet was submitted under Sections 307/149 of the Indian Penal Code and as such the case was committed to the Court of Session for trial. The trial Court convicted the appellants RS indicated above.3. The defence of the appellants was that no occurrence in the manner as alleged had taken p...
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