Patna Court February 1999 Judgments
Free Legal Aid Committee, Through Its Secretary, G.S. Jaiswal Vs. Stat ...
Court: Patna
Decided on: Feb-26-1999
A.K. Prasad, J.1. Free Legal Aid Committee, Jamshedpur, a voluntary registered social organisation (for short petitioner-Organisation) has brought this writ petition by way of Public Interest Litigation to award compensation of Rs. 10,000/- (ten thousand) only against the respondents to be paid to Sukumati Mai Kudada, D/o Sri Gondo, of village Darkundia, P.S. Mujassil, Chaibasa, district Singhbhum (now West Singhbhum), ajuvenile, then aged about 13 years, who was remanded to Seraikella Jail by the Sub-Divisional Magistrate, Seraikella in Misc. Case No. 198 of 1991, a proceeding under Section 107, Cr. P.C., which was in violation of the provisions of Juvenile Justice Act, 1986 (hereinafter to be referred to as the Act'), and she was released from the jail after remaining in illegal custody for about a month and half. It is stated that she, along with others, was taken into custody due to the agitation against Khadi Kharakai Bandh Yojna. The matter came to the light when the Secretary a...
Tag this Judgment!Sheodhar Prasad NaraIn Singh Vs. Smt. Durgeshwari Devi and ors.
Court: Patna
Decided on: Feb-26-1999
Ravi Nandan Sahay, J.1. This is an appeal by the plaintiff against the judgment of reversal. The respondents have not appeared. Appellant Sheodhar Prasad Narain Singh brought the suit for recovery of Rs. 5,000/- as damages in the following circumstances.2. The plaintiffs had secured a permit to ply Bus on Siwan Raghunathpur Road. Permit was granted in joint name of the plaintiff and the defendant. Both the parties had made equal investment. The Bus plied from 1958 to 1966 as per agreement (Ext.-4) entered into between the plaintiff and the defendant. The defendant was to ply the Bus and pay Rs. 100/- per month profit to the plaintiff. The other liability like repairs, etc. was responsibility of the defendants. It was further stipulated that in case of breach of contract, the defendant would be liable to pay Rs. 5,000/- as damages.3. The defendant stopped plying the Bus from 8.2.1975. It is alleged that in breach of agreement, the defendant started plying another Bus 'BRF-2675' and so ...
Tag this Judgment!Jagdish Prasad Mishra and ors. Vs. State of Bihar and ors.
Court: Patna
Decided on: Feb-26-1999
M.Y. Eqbal, J.1. In this application, the petitioners have prayed for quashing the entire criminal proceedings including the order dated 21.11.1998 passed by the Third Additional Sessions Judge, Purnea, in Session Trial No. 377 of 1997 by which he directed for issuance of processes against the petitioners under Section 319 of the Code of Criminal Procedure (For short 'the Code') in connection with Kasba P.S. Case No. 147 of 1996.2. The prosecution story, in short, is that on 22.6.1996 at 10 a.m. Jhagru Biswas came at the residence of the informant and asked Basho Rishi to come in Gad Beheli Bazar and on hearing this Basho Rishi left this residence and when on the same night, he did not return then the informant stayed there. Thereafter, on the next day evening, he asked Jhagru Biswas whereabout of his brother and Jhagru Biswas informed him that they stated in the house of Janardan Biswas. On enquiry from Janardan Biswas, Janardan Biswas informed him that Jhagru Biswas and Basho Rishi ...
Tag this Judgment!Sukhu Mahton and anr. Vs. State of Bihar
Court: Patna
Decided on: Feb-26-1999
Sanat Kumar Chattopadhyaya, J.1. These two appeals have been heard together and are being disposed of by this common judgment as both the appeals arise out of the same judgment and order. The appellants have impugned the judgment of conviction and order of sentence dated 17.7.1986 passed by the learned 3rd Additional Sessions Judge, Nalanda, Biharshariff, in Session Trial No. 177/28 of 1985.2. In Criminal Appeal No. 353 of 1986 there are two appellants, namely, Sukhu Mahton and Jageshwar Mahton, who are brothers. In Criminal Appeal No.361 of 1986, there are nine appellants, namely, Bakhori Mahto, Chamaru Mahto, Arvind Mahto, Bullu alias Brij Kishore, Nawal Mahto, Vijoy Mahto Shiban Mahto, Bina Mahto and Balgobind Mahto. All these appellants were proceeded on the charge for committing the offence under Section 302 read with Section 149 of the Indian Penal Code for committing the murder of one Shiban Mahton. They were further charged for the offence under Section 201 of the Indian Penal...
Tag this Judgment!Md. Abdul Sattar Vs. the State of Bihar
Court: Patna
Decided on: Feb-26-1999
Ravi Nandan Sahay, J.1. This is an appeal by the plaintiff against the decree of the 3rd Additional Subordinate Judge, Muzaffarpur dated 27th June, 1985, whereby the decree passed by the Munsif dated 8.10.1983 dismissing the plaintiff's suit was affirmed.2. The suit was filed for declaration that the revisional survey entry in the name of State of Bihar in respect of plot No. 4014 measuring an area of 9 decimals being portion of C.S.P. No. 2790 situated in village Kolhua Paigambarpur was wrong and also for declaration of the plaintiff's possession over the suit plot. Cadestral' Survey Plot No. 2790 was a big plot having an area of 2.90 acres which was recorded as Bakasht Babu Nandlal Bagh. This plot was an orchard. The landlord had settled portions of this plot to different persons who came in possession of their settled area. Makhdum Eux, father-in-law of the appellant had also taken settlement of 1 bigha 10 katha 9 dhurs of land out of the aforesaid cadestral survey plot from the th...
Tag this Judgment!Mithilesh Kumar Sharma and ors. Vs. the State of Bihar
Court: Patna
Decided on: Feb-26-1999
Ashish N. Trivedi, J.1. An F.I.R. was lodged on 2.12.1997 at 3.00 p.m. under Sections 147, 148, 452, 307, 364 and 302, I.P.C. against 26 named and 125 unknown persons which was drawn up on the basis of fardbeyan of Binod Paswan recorded by A.S.I., Akhileshwar Kumar Singh, Officer-in-Charge, P.S. Mehandia at 9.30 a.m. on 2.12.1997 at the place of occurrence in Village Lakshmanpur Bathe, P.S. Mehandia, District Jehanabad.2. It appears that after the receipt of the First Information Report, the learned Chief Judicial Magistrate, Jehanabad added offences punishable under Section 3(i)(ii) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 and Section 120B, IPC.3. The Informant Binod Paswan S/o Ram Chela Paswan R/o Village Lakshmanpur Bathe, P.S. Mehandia, District Jehanabad stated that he and members of his family after taking their meals were sleeping in their house in the night of 1st December, 1997 as also the other residents of the village when at abo...
Tag this Judgment!Gajadhar Singh and ors. Vs. State of Bihar
Court: Patna
Decided on: Feb-26-1999
Ravi Nandan Sahay, J.1. There are four appellants in this appeal. They have challenged the legality of their conviction under Section 302/34, I.P.C. for which they have been sentenced to rigorous imprisonment for life by the 1st Additional Sessions Judge, Dumka, in Sessions Trial No. 18/19 of 1985/85. The judgment was pronounced on 10th January, 1986.2. The story unfolded by the witnesses in course of trial may be narrated as follows.3. Dumka (Mufasil) P.W. 5 Case No. 25(4)83 was registered against these four appellants on the fardbeyan of Kodo Singh recorded on 28.4.83 at 5 p.m. by Md. Hanif, S.I. of Masjore out-Post. Appellant Nos. 2 and 3 are the sons of first appellant Gajadhar Singh. Appellant No. 4 Nunu Mani is the Bhagina of appellant No. 1.4. The fardbeyan (Ext. 2) revealed that on 27.4.83 at about 8 p.m. Kddo Singh, Bideshi Rai, Sadhu Rai, Lakhi Singh (all prosecution witnesses) and the first appellant Gajadhar Singh were sitting in the Anagan of informant Kodo Singh. Appella...
Tag this Judgment!Tata Iron and Steel Company Limited Vs. State of Bihar and ors.
Court: Patna
Decided on: Feb-25-1999
R.A. Sharma, J. 1. The petitioner manufactures iron and steel and various other iron and steel products. It generates electric power and also purchases power from the Bihar State Electricity Board and the Damador Valley Corporation. The power so produced and purchased by it is partly used for its captive use and partly sold to its associate companies.2. The petitioner has filed this writ petition challenging the order passed by the appellate authority (Annexure 2 to the writ petition) under the Bihar Electricity Duty Act, 1948, (hereinafter referred 10 as the Act) holding the petitioner liable to pay the surcharge under Section 3-A on the units of energy sold by it to its associate companies during the assessment years 1985-86 to 1988-89 (hereinafter referred to as the period in question). The validity of Section 3-A of the Act has also been challenged. On 15-1-91, while admitting the writ petition, a Division Bench of this Court passed the following interim order:-- 'So far prayer f...
Tag this Judgment!Tribeni Ahir and ors. Vs. State of Bihar
Court: Patna
Decided on: Feb-25-1999
N.N. Singh, J.1. Both these appeals arising out of the judgment of conviction and sentence passed in Sessions Trial No. 69 of 1977 of 30th September, 1986 passed by 2nd Additional Sessions Judge, Arrah are being disposed of by this common judgment. Appellants Tribeni Ahir, Dhorha Ahir and Nand Kumar Ahir of Criminal Appeal 513/86 and appellant Jugeshwar Dubey of Criminal Appeal No. 515 of 1986 were convicted under Section 302 of the Indian Penal Code and were sentenced to undergo imprisonment for life. Rest seven appellants of Criminal Appeal No. 513/86 and Surajdeo Dubey (since dead) of Criminal Appeal No. 515/86 were convicted under Sections 302/149 of the Indian Penal Code and were sentenced to undergo imprisonment for life, while appellant Surajdeo Dubey of Criminal Appeal No. 515/86 was further convicted under Section 147 of the Indian Penal Code and was sentenced to undergo rigorous imprisonment for six months and ten appellants of Criminal Appeal No. 513/86 and appellant Jugesh...
Tag this Judgment!Martam Sinku and ors. Vs. State of Bihar
Court: Patna
Decided on: Feb-25-1999
A.K. Prasad, J.1. The appeal is directed against the judgment and order dated 16-9-1989 in S.T. No. 44/98 passed by Smt. Shakuntala Sinha, the then 2nd Addl. Sessions Judge, Chaibasa whereby and whereunder the appellants have been convicted under Section 302 of the I.P.C., on the charge of committing the murder of Rajendra Sinku and they have been sentenced to rigorous imprisonment for life and to pay a fine of Rs. 1000/-, in default, to undergo simple imprisonment for three months each. Further, appellants, Mana Sinku and Jai Ram Sinku have been convicted under Section 323 of the I.P.C. for voluntarily causing hurt to Roya Ram Sinku, the informant and sentenced to undergo rigorous imprisonment for one month thereunder. Both the sentences passed on appellants Jai Ram Sinku and Mana Sinku have been ordered to run concurrently.2. Briefly put, the prosecution case is as under:-On 2-9-1987, on the occasion of Jomnama parv two friendly football matches were played in between the boys of vi...
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