Patna Court February 1999 Judgments
Ajit Kumar Vs. State of Bihar and ors.
Court: Patna
Decided on: Feb-25-1999
R.A. Sharma, J.1. The office of the appellant, who was Divisional Forest Officer in the State Trading Division, Gumla, was inspected more than once in November, 1994. On such inspection it was found that there is defalcation of the Government money to the tune of Rs. 32,92,000/- (rupees thirty-two lacs ninety-two thousands). A First Information Report dated 29.11.1994 was filed against the appellant which was registered on 2.12.1994, for an offence under Section 409 of the Indian Penal Code. The Government passed an order dated 29.11.1994 suspending the appellant and this order was served on him on 30.11.1994, on which date he has also retired from service. During further investigation it was discovered that the Government money to the tune of Rs. 1,47,000/-(rupees one lac fourty-seven thousand) has been defalcated. The appellant was charge-sheeted vide charge-sheet dated 12.7.1996 and Shri A.K. Sinha, Chief Conservator of Forest was appointed as the Enquiry' Officer. Shri Sinha havin...
Tag this Judgment!Most. Kalawati Devi Vs. Ambika Bhagat
Court: Patna
Decided on: Feb-25-1999
Ravi Nandan Sahay, J.1. The appellant Kalawati Devi brought a suit for damages for defamation against the respondent. The suit was decreed by the 2nd Additional Munsif, Siwan. The appellant was awarded compensation of Rs. 800/-. On appeal, learned Additional District Judge, Siwan reversed the decree dismissing the suit on the short ground that the claim for compensation for defamation was not maintainable since the defamatory statement was made in a Court proceeding which was absolutely privileged.2. The only question for consideration is whether the appellate Court took the correct view of the law.3. The case of the plaintiff is that one Mathura Lal was husband of the plaintiff. He was joint with his brother Thakur Prasad, who died issueless. Mathura Lal died leaving behind sole heir the plaintiff-appellant. One Baleshwar Lal is cousin of Mathura Lai. After the death of Mathura Lal, aforesaid Baleshwar Lal started living with the plaintiff and looking after the affairs of the family....
Tag this Judgment!Vijay Kumar and ors. Vs. the State of Bihar
Court: Patna
Decided on: Feb-23-1999
Narayan Roy, J.1. I have heard Counsel for the parties and also counsel for the State.2. Appellant Nos. 1 and 3, namely, Vijay Kumar and Ajay Kumar have been convicted under Section 307 of the Indian Penal Code and Section 27 of the Arms Act and they have been sentenced to undergo rigorous imprisonment for seven years and two years, respectively, whereas appellant No. 2 Sanjay Kumar has been convicted under Section 326 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for three years.3. The prosecution case, according to the fardbeyan of one Fekan Sharma, is as follows; On 20.6.1982 at about 8 A.M. one Gamalal Sharma with pipe gun in his hand, Vijay Kumar Sharma with licensed gun. Ajay Kumar Sharma with pipe gun and Sanjay Kumar Sharma with sword came to the field of Awadh Bihari Singh; Bhikhari Singh and Lalbabu Singh in village Sarasai and uprooted the Marai (hut) and demolished it. Therefore, they were getting the field ploughed by one Bankey Paswan. At 9.30 A...
Tag this Judgment!Meghnath Mahto and anr. Vs. State of Bihar
Court: Patna
Decided on: Feb-23-1999
G.S. Chaube, J.1. On 13-7-81 at 7.30 p.m., Abhiram Mahto (P.W. 9) of village Lakerbad within Saraikella P. S. in the district of West Singhbhum lodged a First Information Report with Saraikella police in the Sub-divisional Hospital at Saraikella that on that day at about 10.30 a.m. when he was ploughing his land appertaining to plot No. 108 measuring about two bighas situated at Kopatdanri joined by his brother Khudiram Mahto (P.W. 1) and two others named Kanga Mahto (deceased) and Nirmal Mahto (P.W. 8), 6 persons named Meghnath Mahto, Pati Mahto, Bishu Mahto, Balram Mahato, Dukhni Mahatain and Fuchu Majhi arrived their variously armed. Meghnath Mahato and Pati Mahato were wielding tangis (axe); Bishu Mahto and Balram Mahato lathis; Fuchu Majhi bow and arrows and Dukhni Mahatain Kulhari. They asked him and his companions not to plough the land. They declined to oblige. Therefore, Meghnath Mahato struck him (informant) with tangi on his head and he fell down. Pati Mahato gave tangi bl...
Tag this Judgment!Namrata Srivastava @ Namrata Nath Vs. State of Bihar and anr.
Court: Patna
Decided on: Feb-23-1999
M.Y. Eqbal, J.1. In this application the petitioner Namrata Srivastava, one of the accused prayed for quashing the order dated 4.1.1998 passed by Judicial Magistrate, 1st Class, Patna passed in Complaint Case No. 187 (C)/98 by which he has taken cognizance of the offence under Section 498A of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act and directed for issuance of process.2. The petitioner's case is that the complainant-opposite party No. 2 lodged a series of complaints before the police and the Courts at Patna as also at Delhi, The complainant firstly lodged complaint before the Inspector General of Police (CID), Bihar in the year 1981 wherein she inter alia, alleged that few months after her marriage, her in-laws started ill-treating with her in one way or the other. She further alleged that the in-laws demanded dowry and in such situation it was not possible to her to go and live with her in-laws. Pursuant to the said complaint an enquiry was made and the co...
Tag this Judgment!Binod Kumar Singh and Neelam Kumari @ Neelam Singh and ors. Vs. State ...
Court: Patna
Decided on: Feb-23-1999
M.Y. Eqbal, J.1. In these two applications, one filed by the husband and another filed by the parents and other relatives, petitioners have prayed for quashing the order dated 30-6-1998 passed in Complaint case No. 469(C)/98, by Judicial Magistrate, 1st Class, Patna, whereby he has taken cognizance under Section 304B read with Section 120B of the Indian Penal Code and issued warrant of arrest against the petitioners.2. I have heard at length Mr. Ram Balak Mahto, learned Senior Counsel and Mr. Rana Pratap Singh, learned Sr. Counsel for the petitioners and Mr. Ganesh Prasad Singh, learned Senior Counsel appearing for the Opposite Party.3. It appears that the daughter of the complainant was married with the petitioner Binod Kumar Singh on 26-2-94 and gave birth of a son the year 1996. She died of cancer on 28-2-1998. The Complainant's case is that since the very date of marriage, there had been illegal demand of dowry by the accused-persons. It is alleged that part of which was fulfilled...
Tag this Judgment!Upendra Singh Vs. State of Bihar and anr.
Court: Patna
Decided on: Feb-23-1999
M.Y. Eqbal, J.1. In this application under Article 226 of the Constitution of India, the petitioner has prayed for quashing the order dated 16-11-98 passed by Judicial Magistrate, 1st. Class, Patna City in C.A. 393 of 1998 by which he has rejected the petitioner's prayer to release the vehicle in question in favour of the petitioner.2. The petitioner claimed himself to be the proprietor of M/s. Mahanth Motors and alleged that he has given two trucks trailers bearing No. BR-1G-4191 and BR-1G-4291 to the son of Laxmi Devi on oral contract for seven months on the condition inter alia, that the opposite party had to pay a sum of Rs. 40,000/- per month to the petitioner had Rs. 20,000/- per month to be deposited in the State Bank of India, Patna. According to the petitioner, after the expiry of the contract period, the son of opposite party neither returned the trucks nor paid the contract amount to the petitioner. On the basis of the allegations made by the petitioner, a criminal case wa...
Tag this Judgment!Malar Oraon and ors. Vs. State of Bihar
Court: Patna
Decided on: Feb-22-1999
P.K. Sarkar, J.1. The appellants have filed this appeal against the judgment and order dated 22-12-1988 passed by Sri Chiranji Singh, IVth Additional Judicial Commissioner, Ranch!, in S.T. No. 211 of 1981 whereby he convicted all the three accused-appellants under Sections 302/34 of the Indian Penal Code and sentenced each of hem to undergo R.I. for life.2. Initially, the F.I.R. was instituted against five persons. However, during the trial, Niklo Oraon and Magho Oraon died, hence the case against them abated and only the present three appellants faced the entire trial.3. Prosecution case, in brief, is that: in the year 1980, Jharia Bhagat (since deceased) had grown chillies (Mircha) plants in his field in village Bajara, In the morning of 28-9-1980. Jharia Bhagat along with his son Etwa Oraon and daughter Somari had gone to pluck chilli in his aforesaid field. While Jharia Bhagat was plucking chilli from his field, accused Malar Oraon, Parto Oraon and Chumanu Oraon, along with two o...
Tag this Judgment!S.M. Khalil Ahmad Vs. Union of India (Uoi) and ors.
Court: Patna
Decided on: Feb-22-1999
R.M. Prasad, J. 1. The grievance of the petitioner in this writ petition is that the respondent-Bharat Petroleum Corporation has suspended the supply of petroleum products to them for which they entered into an agreement, vide Annexure-1 to the counter-affidavit. 2. Mr. Tripathi, learned counsel appearing for the respondent-Corporation has raised preliminary objection regarding the maintainability of the writ petition. According to him, the matterbeing purely contractual in nature can only be agitated in aCivil Court of competent jurisdiction and the writ Courts do not usually entertain the writ petitions for enforcement of such contracts. It has further been submitted by Mr. Tripathi, learned counsel appearing for the respondent-Corporation that the petitioner who in the present writ is represented by one of the sons of the original dealer has no locus standi to maintain thiswrit petition as his name does not figure in the agreement. 3. I am unable to accept the said two preliminary...
Tag this Judgment!Raj Lakshmi Refractories and Ceramics Works Vs. the Bihar State Electr ...
Court: Patna
Decided on: Feb-19-1999
S.J. Mukhopadhaya, J.1.In all the cases, as common point of law involved, they were heard together and are being disposed of by this common judgment.2. The petitioners while challenged their respective supplementary energy bills relating to minimum guarantee charges for the period July, (sic) to July, 96, have raised the following issues for determination : (a) whether minimum and maximum guarantee charges (commonly known as M.M.G. charges) can be asked to be paid from retrospective date, mended tariff having come into effect from 14th August, 96; (b) whether such M.M.G. charges shall leviable on monthly basis or annual basis; and (c) whether the Bihar State Electricity Board (for short 'Board') can ask the interest for delayed payment.3. Before determination of aforesaid issues, it is pertinent to men-on that all the petitioners are L.T. consumers as distinct from H.T. consumers.Earlier some of the similar issues fell for consideration before this Court and then before the Supreme Co...
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