Patna Court May 1999 Judgments

Dr. Rameshwar Pd. Agrawal Vs. Md. Abas Ansari

Court: Bihar State Consumer Disputes Redressal Commission SCDRC Patna

V.N. Mishra, Member: 1. The present appeal is directed against the order dated 17.11.1995 passed by District Forum, West Champaran, Bettiah directing the appellant-opposite party for his negligence to pay a sum of Rs. 53,685/- as compensation and Rs. 1,000/- as cost to the complainant-respondent. 2. The facts of the complaint case in brief are that the complainant, Md. Abas Ansaris wife had complaint of pain in the abdomen who consulted the opposite party after paying his consultation fee of Rs. 35/-. He informed the complainant that there is inflamation in the uterus of his wife which needs to be removed. On his proposal for going to Patna or Darbhanga for treatment the opposite party advised him to get the operation done at Bettiah which will be cheaper. He charged Rs. 1,200/- for surgical operation and Rs. 1,000/- for medicines and performed the operation on 30.4.1994. His wife after operation remained under the care of the opposite party for ten days when he had to pay Rs. 20/- per...

Krishna Ram Vs. State of Bihar and ors.

Court: Patna

M.Y. Eqbal, J.1. In this writ application, the petitioner has prayed for quashing that part of the decision taken by the District Compassionate Committee dated 25-9-1997 by which the Committee has recommended to give appointment to the respondent No. 4 on compassionate ground ignoring the rightful claim of the petitioner. A further prayer has been made for issuance of appropriate direction to the respondents to appoint the petitioner on compassionate ground on the ground that his father died in harness.2. The petitioner's case, inter alia, is that his father while working as Chowkidar in Nagan Untari P.S. died on 11-4-1994. The petitioner accordingly applied on 10-5-1994 before the respondent No. 2, Deputy Commissioner, Garhwa for giving him appointment on compassionate ground and for that petitioner submitted all relevant documents with regard to his qualification including an affidavit stating that he is the only son of his deceased father. It is stated that the respondent No. 4 al...

Lal Mohan Manjhi and ors. Vs. State of Bihar and ors.

Court: Patna

M.Y. Eqbal, J.1. Heard Mr. P.S. Dayal, teamed St. Counsel for the petitioners and Mrs. Ritu Kumar, learned JC to GA on the application at flag 'I' in which a prayer has been made for stay of the operation of the impugned order dated 31st August, 1998 as contained in Annexure-11 to the writ application.2. The petitioners have challenged the aforesaid order dated 31-8-1998 issued under the signature of respondent No. 2, Deputy Commissioner, Singhbhum West, Chaibasa, whereby he has cancelled the settlement of the tank in question in favour of the petitioners.3. The petitioners' case is that pursuant to the Government decision dated 6-5-1992 as contained in Annexure-3 to the writ application it was decided to settle 102 tanks for long terms. Out of 102 tanks, 65 tanks were settled in favour of the members of Scheduled Tribes, 8 tanks were settled in favour of Harijans and 66 tanks were settled in favour of other Backward Classes. It is stated that reserve Jama of the tank in question was...

Sri Balmiki Prasad Sharma Vs. the State of Bihar

Court: Patna

Indu Prabha Singh, J.1. This is an application under Sections 397 and 401 of the Code of Criminal Procedure, 1973 (in short the 'Code'). It is directed against the order dated 28.8.1987 passed by the Chief Judicial Magistrate, Gaya taking cognizance of the offences against the petitioner in Gaya Civil Lines P.S. Case No. 188/86/G.R. Case No. 2450/86.2. The prosecution case, in short, is that at the relevant time Shri K.N. Rai was the District Superintendent of Education, Gaya and in this capacity he received a Bank draft for Rs. 5,50,000/- from the Education Department for the payment of salary to the teachers of six schools mentioned in the F.I.R. However, Shri K.N. Rai, against this direction of the Education Department paid a sum of Rs. 1,07,018.46 paise to some other schools not mentioned in this list of the Education Department. The then Director (Administration)-cum-Joint Secretary Department of Education, Bihar, Patna wrote a letter to the Officer Incharge, Civil Lines, P.S. Ga...

Nehali Panjiyara and ors. Vs. Shyama Devi and ors.

Court: Patna

P.K. Deb, J.1. This appeal has been preferred by the abovenamed defendnats-respondents against the judgment and decree dated 26.2.1998 and 19.3.98 respectively passed by the then 1st Additional District Judge, Godda in Title Appeal No. 19 of 1985 (64 of 1988) by which the judgment and decree passed by the Subordiangte Judge, Godda in Title (p) Suit No. 37 of 1965 has been partly reversed and the suit of the plaintiffs-appellants has been, partly decreed. Apparently the appellate judgment is a judgment of reversely in part, of the judgment of the original Court, the plaintiffs-respondents filed the suit for partition in respect of the different shares in relation to different schedules of the plaint, in total 10, schedules were included in the suit.2. The admitted position remains that the suit property besides Schedules 9 and 10 properties belonged to the joint property of four brothers, being inherited as the ancestral property and the plaintiffs are representing as the descendants o...

Manoj Kumar Gautam @ Manoj Singh and ors. Vs. State of Bihar

Court: Patna

Bharat Prasad Sharma, J.1. This is a case of reference under Section 366 of Chapter XXVII of the Code of Criminal Procedure for confirmation of death sentence awarded by the trial Court against two of the accused persons facing trial in S.T. No. 2 of 1995/233 of 1994 before the 2nd Additional Sessions Judge, Jehanabad. There were altogether 15 persons facing trial in this case under various sections of the Indian Penal Code, i.e., Sections 148, 149, 302, 436 and 120B, I.P.C. and also under Section 27 of the Arms Act. The learned trial Court, after considering the evidence on the record, come to the conclusion that the prosecution had not proved the case against three of the accused, namely, Ram Binay Singh, Bageshwari Sharma and Divya Kumar Madhu and, accordingly, they were acquitted of all the charges against them in this case. The other twelve accused persons were convicted by the learned trial Court under Sections 148, 436, 303/149 and 120B, I.P.C. and also under Section 27, Arms A...

Naushad Qureshi Vs. State of Bihar, Through the Secretary, Dept. of Ho ...

Court: Patna

1. In this habeas corpus petition the petitioner has impugned the order of detention passed against him on 7.1.1999 by the District Magistrate, Bhojpur under Section 12(2) of the Bihar Control of Crimes Act, 1981. He has also challenged the order of approval of the said order of detention dated 18.1.1999.2. The facts of the case are that the petitioner was in judicial custody in connection with a criminal case pending against him on 26.8.1998. However, on the report of the Superintendent of Police, the impugned order of detention dated 7.1.1999 under the Bihar Control of Crimes Act was passed by the detaining authority on being satisfied that it was necessary so to do with a view to preventing the petitioner from acting in any manner prejudicial to maintenance of public order and security of life and property of people of that area. It is not disputed before us that the order of detention was served on the same day i.e. 7.1.1999 and the order of detention was also approved by the Gove...

D. N. Kamani (Huf) Vs. Deputy Commissioner of

Court: Income Tax Appellate Tribunal ITAT Patna

Reported in: (1999)70ITD77(Pat.)

1. This appeal by the assessee is under s. 253(1)(b) against the order dt. 27th December, 1996 of the Dy. CIT, Spl. Range, Jamshedpur passed under s. 143(3)/158BD of the IT Act.2. There was a search and seizure operation under s. 132 of the Act on 8th December, 1995 in the residential and business premises of Mr. N.D. Kamani, Mr. H. S. Grewal, Mr. Sanjeev Kapila and their family.During the course of that search operation in the residential premises of Mr. H. S. Grewal situated at 4-IC Road, Bistupur, Jamshedpur a bunch of loose sheets with identification mark HS-8 was seized from his possession. The AO noted that D. M. Kamani (HUF) had developed and constructed 18 flats at 4-IC Road, Bistupur, Jamshedpur during the period 1987-91 and out of which 16 flats were sold to different parties through agreement of sale. One of the flats was sold to Mr. H. S.Grewal vide agreement dt. 10th June, 1989. The document marked as p.No. 34 of the bunch of loose sheets marked as HS-8 seized from the po...

Kamlesh Pandey and ors. Vs. the State of Bihar

Court: Patna

Ravi Nandan Sahay and D.P.S. Choudhary, JJ.1. There are five appellants in Cr. Appeal No. 10/87 and there is single appellant in Cr. Appeal No. 31/87. All the six appellants were tried before the 3rd Additional Sessions Judge, Muzaffarpur in Sessions Trial No. 24/85. Madan Pandey, the appellant in Cr. Appeal No. 31/87 was charged under Section 302, I.P.C. for having intentionally and knowingly causing death of Ram Chandra Thakur on 24th May, 1984. The appellants in Cr. Appeal No. 10/87 were charged and tried under Section 302/149, I.P.C. for the act committed by Madan Pandey. All the appellants were further charged under Section 147, I.P.C.2. By judgment delivered on 23rd December, 1986, learned trial Judge convicted all the appellants under Section 302 read with Section 149, I.P.C. and Section 147, I.P.C. and sentenced them imprisonment for life under Section 302/149, I.P.C. No separate sentence was passed for the latter offence.3. The incident leading to the trial conviction of the ...

indra Nath Sahu Vs. State of Bihar and anr.

Court: Patna

G.S. Chaube, J.1. This application under Sections 397 and 401 of the Code of Criminal Procedure, 1973, is directed against the judgment and order dated 7.8.1991 of acquittal of opposite party No, 2 recorded in Sessions Trial No. 76 of 1990 by the 4th Additional Sessions Judge of Hazaribagh.2. According to the prosecution story leading to the trial of opposite party No. 2 Sheo Shankar Keshari, the daughter of the petitioner, named Kiran Devi, was married to the said opposite party some time in 1981. She got burnt inside her matrimonial home at Kuju in the district of Hazaribagh on 22.3.1989, that is, after more than 8 years of the marriage. At first, she was taken to the local hospital at Kuju and therefrom she was referred to R.M.C.H. at Ranchi, by P.W. 2, the doctor, who attended her at Kuju. In the night of the same day, the parents of the victim of burns Kiran Devi, were informed of the incident. They went to the hospital and found Kiran Devi in a state of unconsciousness. On 29.3....