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Patna Court July 1999 Judgments

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Jul 01 1999

Chhathu Sahani and anr. Vs. State of Bihar

Court: Patna

Decided on: Jul-01-1999

P.K. Deb, J.1. This appeal has been preferred against the judgment and order dated 8-3-1989 passed by the then 4th Additional Sessions Judge, East Champaran, Motihari in Sessions Trial No. 35/88 (2/88) convicting both the appellants under Section 395 of the Indian Penal Code and sentencing them to undergo rigorous imprisonment for ten years.2. A dacoity was committed in between the night of 18/19th April, 1985 at the house and shop of the Informant Sukan Das at village Ujain Lohiar Tola Singha, P.S. Hardidhi, District East Champaran, According to the Informant, he was sleeping inside the house along with with family members while his father Bachan Das was sleeping in the shop on the outer part of his house. In the night at about 11.30 p.m., some person pushed the Tatti with another and then two to three dacoits entered inside the house. They began to assault him with lathi and asked the inmates to hand over the key. It may be mentioned here within three four days after the date of oc...


Jul 01 1999

Bachi Devi Vs. Raghawendra Shahi

Court: Patna

Decided on: Jul-01-1999

S.K. Katriar, J.1. Heard Mr. Brijendra Nath, learned Counsel for the petitioner.2. This civil revision is directed against the order dated 29-4-99/1-5-99 passed by the learned Subordinate Judge-I, Muzaffarpur, in Partition Suit No. 75/64 whereby he has rejected the objections of the petitioner with respect to the Pleader-Commissioner's report. While assailing the validity of the impugned order, learned Counsel submitted that the Pleader-Commissioner has failed to carry out the directions of this Court passed on 22-4-85, in S.A. No. 63/76 Smt. Saraswati Devi and Anr. v. Mostt. Joti Kuer and Ors. whereby the judgment and decree in question were up held with certain modifications. A copy of the judgment of this Court is marked as Annexure-2 to this civil revision application. Learned Counsel relies on the following directions of this Court passed in the aforesaid Second Appeal.Adjudication of the issues raised in the appeal has not become academic. Interest of both the parties shall be ...


Jul 01 1999

Mithilesh Kumar Singh Vs. State of Bihar and ors.

Court: Patna

Decided on: Jul-01-1999

R.N. Prasad, J.1. The petitioner was an unemployed graduate. He purchased a mini bus bearing registration No. BPH 8378 under the scheme of financial assistance to the unemployed graduates in the year 1977. It was also registered under the Bihar Taxation of Passengers and Goods (Carried by Public Service Motor Vehicles Act, 1961, hereinafter to be referred to as the Act. Temporary permit was granted and it was renewed time to time, He was paying tax on the basis of compounding scheme. The order of assessment was passed on 10-8-1982 for the period 1-1-1980 to 31-3-1982, Annexure-3. NO appeal was filed. However, the petitioner filed an application under Section 14 of the Act before the Commissioner for exercising suo motu revisional power. The petitioner was rejected on 2-9-1987, Annexure-4, The petitioner moved the Tribunal against the said order. The Tribunal refused to interfere with the order of the Commissioner vide order dated 15-6-1988, Annexure-5, The writ petition has been file...


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