Patna Court July 1999 Judgments
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Ramesh Kumar Verma Vs. State of Bihar and ors.
Court: Patna
Decided on: Jul-23-1999
Ravi Nandan Sahay, J.1. These two quashing applications arise from two complaint cases, which have more or less common features and are, therefore, being disposed by this common order.2. Criminal Misc. No. 6424 of 1993 relates to complaint Case No. 73 of 1993. This complaint petition was filed by Opposite Party No. 2 Bal Manohar Jalan, a resident of Patna City having his office at Hira Place, Dak Bungalow Road, Patna. Accused No. 1 in this complaint case is M/s. Verma and Co. having its office at 682, Padam Tower, 14/113, Civil Lines, Kanpur and also an office at 1, S. Verma Road, Patna. This firm is a registered broker of Uttar Pradesh Stock Exchange Association Ltd., Kanpur who has also been made an accused along with others. Petitioner Ramesh Kumar Verma is one of the partners of M/s. Verma & Co. The petitioner has not been made an accused by name, but his son Mukul Verma is accused No. 2. The complainant Bal Manohar Jalan is a businessman. He possessed 500 share scripts carrying f...
Baby Devi and ors. Vs. Arun Kumar Aman Alias Rameshwar Rahi Alias Rame ...
Court: Patna
Decided on: Jul-23-1999
Sudhir Kumar Katriar, J.1. This criminal revision application is directed against the judgment dated 18-10-93, passed by Shri Vijay Kant Misrira, Judicial Magistrate, 1st Class, Munger, in Maintenance Case No. 17/90 (Baby Devi v. Arun Kumar Aman whereby the application of the petitioners herein under Section 125 of the Code of Criminal Procedure (hereinafter referred to as ' the Code'), has been rejected.2. The petitioners had preferred the aforesaid application for maintenance in the capacity of wife and children from the opposite party. Petitioner No. 1 claims to be the wife of the opposite party and petitioner Nos. 2 and 3 to be their children. Petitioner No. 1 was married to the opposite party according to the Hindu rites in Baisakh, 1978, whereafter the couple have had two children, a daughter and a son, who are petitioner Nos. 2 and 3 respectively. After her marriage, she went to her Sasural at Village Bariarpur and also to her husband's place of posting who is employed in Railw...
Ahmad Noor Vs. State of Bihar and ors.
Court: Patna
Decided on: Jul-23-1999
R.N. Prasad, J.1. The writ petition has been filed for quashing the order dated 13-3-1992 passed by the Spl. Director, Secondary Education in Appeal No. 27/91, Annexure-1, whereby the order dated 4-7-1991 passed by the Chairman of Bihar State Madarsa Education Board, approving appointment of petitioner, has been set aside.2. The Madarsa Islamia Rabbul Buksh Abadpi in is a minority institution. The petitioner and respondent No. 5 were appointed as Asst. Teachers in the aforesaid school by the Managing Committee on 2-1-1978 and 1-11-1981 respectively against unsanctioned post. Initially, the appointment against unsanctioned post was to be absorbed against sanctioned post but the Board by its resolution dated 16-10-1985 resolved that no such absorption would be allowed in future rather the post falling vacant would be advertised and preference would be given to the teachers appointed and working against unsanctioned post. The Madarsa Education Board vide resolution dated 29-8-1983 resol...
Babu Lal Rai Vs. Dhrubdeo Rai and ors.
Court: Patna
Decided on: Jul-23-1999
S.K. Katriar, J.1. This criminal revision application is directed against the order dated 29-1-94, passed by Sri Purshottam Pd. Singh, Executive Magistrate Gopalganj, in case No. (T.R. No. 199/89), whereby he has bifurcated the disputed plot into three portions and declared possession of the first party (the petitioner herein), 2nd Party (O.P. No. 2 herein) and 3rd party (O.P. No. 3 herein) to the extent, of 5 Katha 18 dhurs each in a proceeding under Section 145 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'the Code').2. This unfortunate litigation between the agnates has had rather a chequered history. It relates to cadastral survey plot which is equivalent to R.S. plot No. 373, Khata No. 58, Village Gauri, police Station Mohammadpur, district Gopalganj, measuring a total area of 17 Katha and 15 Dhurs. Initially, a proceeding under Section 144 of the Code was initiated which was subsequently converted into one under Section 145 of the Code. The same was dispo...
Bacha Rai Alias Merha Rai and ors. Vs. the State of Bihar
Court: Patna
Decided on: Jul-23-1999
Sudhir Kumar Katriar, J.1. This criminal revision application is directed against the judgment dated 4-12-1993, passed by the learned 3rd Addl. Sessions Judge, Motihari, in Criminal Appeal No. 39/26 of 1989/91 (Bacha Rai v. State of Bihar), affirming in full the conviction and sentence recorded by the learned Judicial Magistrate, Ist class, Sikrahna at Motihari, in Trial No. 110/89/G.R. No. 749/74 (State of Bihar v. Bacha Ram alias Mehta Ram), by judgment dated 31 -3-89. Both the Courts below have concurrently held that the three accused-petitioners are guilty of offence under Section 380, IPC and have sentenced them to undergo rigorous imprisonment for two years each and fine of Rs. 100/- each.2. The prosecution case in brief is that on 9-11 -74 at 4 a.m. the informant woke up on hearing the sound of 'Kharkharahat'. He woke Gajanand Sah, Maheshwar Tewari, Ram Deyal Mahto and saw the petitioners fleeing way with paddy on head. The petitioners subsequently threw away paddy and hid them...
Mundrika Chamar and ors. Vs. State of Bihar
Court: Patna
Decided on: Jul-23-1999
M.L. Visa, J.1. Mundrika Chamar, Budhan Bhuian, Bhola Bhuian and Ram Swaroop Bhuian @ Swarup Bhuian, the four appellants before us, have in this appeal assailed the Judgment and order dated 29-11-1986 passed by the 1st Additional Sessions Judge, Aurangabad, in Sessions Trial No. 7 of 1984/37 of 1984 convicting and sentencing the appellants to undergo R.I. for life under Sections 302/149, I.P.C, Appellant Bhola Bhuian has further been convicted and sentenced to undergo R.I. for five years under Section 3 of Explosive Substances Act but the sentences passed against him have, however, been ordered to run concurrently.2. The brief facts of the case are that on 3.5.82 at about 6 a.m. deceased Ramadhar Singh along with Overseer and Amin had gone to Hazari Bandh, P.S. Kutumba, District Aurangabad, for measurement of soil. At about 8 a.m., informant Kuldeep Singh (P.W. 3), who is the brother of deceased also went there. On the same day at about 10 a.m. the appellants along with others came f...
Kapil Prajapat Vs. State of Bihar and ors.
Court: Patna
Decided on: Jul-22-1999
Sudhir Kumar Katriar, J.1. The petitioner is the first informant against a judge of acquittal. Opposite party Nos. 2 to 7 were the accused persons. This revision application under Sections 397 and 401 of the Code of Criminal Procedure, 1973, is directed against the judgment dated 31-7-93, passed by the learned Additional Sessions Judge VI, Gaya, in Sessions Trial No. 114/89, whereby the accused persons, who are opposite parties herein, have been acquitted of the charges under Sections 302, 149, 147 and 201, IPC.2. The alleged occurrence is said to have taken place on 13-10-87, at about 8 a.m. While the petitioner, a rickshaw-puller, was bringing his rickshaw to his house, he found that the accused persons (opposite parties herein), constructing a naad and chabutra to provide fodder to their cattle which had narrowed his Rasta. The informant objected, which led to exchange of hot words on the arrival of the petitioner's father (Kailash Prajapat) and his mother (Phulmani Prajapat). The ...
Cairo Impex Pvt. Ltd. and anr. Vs. Bharat Coking Coal Ltd. and ors.
Court: Patna
Decided on: Jul-22-1999
M.Y. Eqbal, J.1. In these two writ applications, the petitioners have prayed for quashing the office order dated 16-8-1999 issued by the respondent No. 3, the General Manager (M&QC;), Bharat Coking Coal Ltd., Sales and Marketing Division, Koyla Bhawan, Koyla Nagar, Dhanbad, whereby the tender, which was opened on 31-5-1999, has been cancelled and further for a declaration that the tender dated 19-6-1999 invited by the respondents for sale of same commodity is illegal, arbitrary and without jurisdiction. Since the petitioners are aggrieved by this common order, these two writ petitions have been heard and disposed of at the admission stage with the consent of the learned Counsel appearing for the parties.2. The petitioners' case is that the respondents had issued a tender on 17-5-1999 for sale of various qualities of coal including 50.000 MT of Jhama Dust of Damagoria colliery and from NLOCP. The petitioner of CWJC No. 1602/99(R), was interested in purchase of 50,000 MT of Jhama Dust ...
Tuni Marandi Vs. State of Bihar
Court: Patna
Decided on: Jul-22-1999
P.K. Deb and D.P.S. Choudhary, JJ.1. This appeal has been preferred by the above-mentioned accused appellant against the judgment and order dated 27-8-1990 passed by the then 4th Additional Sessions Judge, Munger in Sessions Case No. 325 of 1987 convicting the accused-appellant under Section 302 of the Indian Penal Code and sentencing him rigorous imprisonment for life. When the appeal was preferred before this Court vide order dated 15-11-1990 a Division Bench of this Court has appointed Shri Viveka Nand Jha as an arguing Counsel for and on behalf of the accused-appellant.2. The deceased in the present case is Matal Marandi who happened to be the cousin of the accused-appellant Tuni Marandi. The prosecution case is that the accused-appellant Tuni Marandi was a habitual drunkard and on being cousin, the deceased Matal Marandi used to caution him not to take more wine and while chastising he was reminding of the death of the elder brother of the accused-appellant on the same cause of ...
Jainarayan Lal Vs. Laxmi Devi and ors.
Court: Patna
Decided on: Jul-21-1999
Sudhir Kumar Katriar, J.1. The petitioner is the defendant in a suit for eviction on the ground of personal necessity. This civil revision application is directed against the judgment dated 24-9-98 passed by Mr. Adya Sharan Choudhary, Munsif, Jamui, in Title Eviction Suit No. 8/92 (Laxmi Devi v. Jainarain Lal) whereby the suit has been decreed on the ground of personal necessity of the premises in question. The defendant has been directed to vacate the suit premises and give possession to the plaintiff within two months from the date of judgment failing which he will be liable to be evicted by the process of the Court.2. According to the plaint, Ram Prasad Lal, the original plaintiff had let out the suit premises consisting of two rooms to the defendant (Opp. Party herein), in 1975, orally at the rate of Rs. 151/ - per month for commercial purposes. The two rooms measure 11.6' x 9'.2' and 9' x 7'. The demised premises has a Verandah in front of it measuring 10' x 3.3', used as a commo...
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