Patna Court September 1999 Judgments

Ashmuni Devi Vs. Nagendra Singh and ors.

Court: Patna

Reported in: 1999(3)BLJR2371

1. This civil revision petition has arisen out of order dated 28-1-98 passed by the Additional District Judge, Vth, Saran, Chapra, in Misc. Appeal No. 110 of 1996 whereby and whereunder the order dated 7-9-96 passed by the Munsif 1st Court, Chapra, in Misc. Case No. 6/93 under Order XXXIX, Rule 2-A of the C.P.C. has been reversed.2. The petitioner and one Raghunath Singh filed Title Suit No, 61 of 1989 in the Court of 1st Munsif, Chapra, seeking a permanent injunction, restraining the defendants from cutting away and removing the banian tree from the lands as described in Schedule-! of the plaint. Later on sole plaintiff died and his widow Manrajo Devi was substituted in his place, and Manrajo Devi died, the petitioner became the sole plaintiff. A temporary injunction was sought for from the side of the plaintiff in the suit. Defendants gave undertaking to that effect that during the pendency of the suit, the appellants would not remove the Mango trees or the remaining part of the bani...

New India Assurance Company Limited Vs. Savitri Devi and ors.

Court: Patna

P.K. Deb, J.1. The judgment award dated 11.5.1994 passed by the Motor Accident Claims Tribunal-cum-3rd Addl. District Judge, Chaibasa in Compensation Case No. 54 of 1990 is the subject matter of this appeal.2. One Arvind Kumar while returning from Rajendra Vidyalaya at Sakchi to his residence at Adityapur on 16.3.1990 at about 9.45 a.m. on Rajdoot Motor Cycle No. BEP-678 met with an accident due to dash by a truck No. BHX-7324 belonging to the respondent No. 3 being driven by the respondent No. 4. Arvind Kumar was driving the motor cycle while two others namely, Sumeet Kumar and Amit Kumari were pillion riders. All of them fell down from the motor cycle and sustained serious injuries. All the three injured were removed to Tata Main Hospital, but Arvind Kumar succumbed to his injuries within 10-15 minutes of his reaching to hospital and some how Amit Kumari and Sumeet survived The driver of the truck No. BHX-7324 fled away with the truck. A police case was registered against the driver...

Abhay Singh and anr. Vs. State of Bihar

Court: Patna

R.N. Sahay, J.1. The first appellant is the son of second appellant. Second appellant Swarath Singh aged 76 years at the time of his conviction in 1989. Both the appellants have been convicted under Sections 307/34, I.P.C. Appellant No. 1 Abhay Singh has been sentenced to undergo rigorous imprisonment for five years and Appellant No. 2 Swarath Singh has been sentenced to undergo rigorous imprisonment for two years.2. Padarath Singh, the Informant, was the own bother of Swarath Singh. The informant and the appellants were the resident of village Khilwan, P. S. Bidupur in the district of Vaishali.3. According to the prosecution, the parents of the informant and the appellant Nos. 2 had partitioned the entire property during their life-time but retained a portion of 10 kothas of land for their own maintenance. Appellant Swarath Singh had already sold his share of land and was insisting that their parents should also sell their land and give sale proceeds to him.4. On 3-9-75 at about 7 a...

Maheshi Anchal Fishermen Co-operative Society Vs. State of Bihar and o ...

Court: Patna

P.K. Deb, J.1. This writ petition has been preferred for quashing the portion of Annexure-1 and Annexure-2 by which Gorhodhar Jalkar of Maheshi Anchal has been included by the Government under notification as a selected Jalkar for the purpose of free fishing.2. The admitted position remains that Government formed a Committee for consideration of different Jalkars of different areas to be enquired into as to whether those could be notified as free fishing Jalkars or not. By Annexure-5, the Committee has recommended different Jalkars but Gorhodhar Jalkar had never been included within the Maheshi Anchal for the purpose of free fishing, but then the District Fishery Officer Annexure-7 has recommended that Gorhodhar Jalkar should also be included as a free fishing Jalkar within Maheshi Anchal. That report of the District Fishery Officer was sent to the Government with the recommendation of the Deputy Director Fisheries and, accordingly, on the basis of the recommendation as made by the D...

Veena Devi Vs. Ashok Kumar Mandal

Court: Patna

G.S. Chaube, J. 1. This is an application under Section 19(4) of the Family Courts Act, 1984 by way of revision against order dated 19.11.1998 of the Principal Judge of the Family Court at Dhanbad, whereby and where under prayer of the petitioner seeking maintenance from the sole O.P. (opposite party) has been rejected.2. The petitioner had presented an application under Section 125 at Dhanbad seeking a sum of Rs. 1,000/- per month by way of maintenance from the opposite party on the ground that she was married to the latter according to Hindu rites and customs on 9.8.1978. However, when she could not bear any child to the opposite party through the wedlock for a period of about three years, the latter started torturing her. Consequently, she was forced to make a written complaint in the ''desertion cell' of the Deputy Commissioner, Dhanbad, sometime in 1982 against the opposite party. That complaint was registered in the 'desertion cell' as Misc. Case No. 73/82. During the pendency o...

Singhbhum Thikedar Mazdoor Sangh Vs. State of Bihar and ors.

Court: Patna

M.Y. Eqbal, J. 1. In this writ application the petitioner, claiming to be the union of about 200 workers, has prayed for issuance of an appropriate writ or direction directing the respondents to implement the provisions of Contract Labour (Regulation and Abolition) Act, 1970, and for enforcement of the notification, dated February 17, 1993, issued by the State Government as contained in Annexure-8 to the writ petition. In para 2 of the writ petition the petitioner, representing the workers employed in the scrap yard of Tata Engineering and Locomotive Company, Ltd., Jamshedpur (shortly referred to as TELCO), through Kay Pee and Sons, claimed the following reliefs: '(i) The respondents be directed to abolish the contract labour system and to regularise the services of the members of the petitioner-union working in the Telco scrap yard, earlier under the Birsa Welfare Society, now K.P. & Sons Contractor under the TELCO, management from the date when earlier two thousand labourers have b...

Upendra Prasad Vs. Union of India (Uoi) and ors.

Court: Central Administrative Tribunal CAT Patna

1. This is an application under Section 19 of the Administrative Tribunals Act, 1985 (For short, A.T. Act) with prayer for direction to the Respondents-State of Bihar to release pensionary benefits including gratuity, leave encashment, commutation value of pension etc. with interest at the rate of 18% on the amount withheld from the date of retirement and with cost of Rs. 2.00 lakh.2. The applicant, a Member of Indian Forest Service of Bihar Cadre retired as Chief Conservator of Forest and Director State Trading, Bihar, Ranchi on 31.7.97. He submitted his pension paper to the Secretary, Forests and Environments Department, Government of Bihar (Respondent No. 3) for grant of pension gratuity, etc. through the Principal Chief Conservator of Forests (PCCF) with a copy to the Accountant General, Bihar (Respdt. 4). The Accountant General, Bihar-IV, Patna, wrote the letter to the State Government for sending sanction order, vide letter No. Pension-2-436-38 dated 28.7.97, as at Annexure-A/1....

Jagdish Mahto and ors. Vs. State of Bihar

Court: Patna

M.L. Visa, J. 1. Both these appeals are being disposed of by this common judgment as they arise out of the same judgment and order dated 15th April, 1994 passed in Sessions Trial No. 110 of 1987/1992 convicting and sentencing Ram Deo Mahto to life imprisonment under Section 302, I.P.C. R.I. for 2 years each under Section 148, I.P.C. and Section 27 of the Arms Act, and Rajendra Mahto to life imprisonment under Section 302/149, I.P.C. and R.I. for 2 years each under Section 140, I.P.C. and Section 27 of the Arms Act, who both are appellants in Cr. Appeal No. 268 of 1994 and convicting and sentencing Jagdish Mahto, Anup Lal Mahto, Duniya Lal Mahto and Subelal Mahto, who are appellants in Cr. Appeal No. 204 of 1994, to life imprisonment under Section 302/149, I.P.C. and R.I. for 1 year under Section 147, I.P.C. Anup Lal Mahto has further been convicted and sentenced to undergo R.I. for 3 months under Section 323, I.P.C. All the sentences in respect of appellants have, however, been ordere...

Mishrilal Singh Vs. State of Bihar

Court: Patna

M.L. Visa, J.1. This appeal is directed against the judgment and order dated 18th February, 1980 passed by the 2nd Addl. Sessions Judge, Motihari in Sessions Trial No. 122 of 1982/54 of 1987, convicting and sentencing the appellant to undergo R.I. for 10 years under Section 436, I.P.C. '2. The case of prosecution in short is that the informant Harishchandra Singh (P.W. 2) after demolishing his old 'gowas' (a cattle shed) was construction a new 'gowas' of straw and bamboos, at that time he had some altercation on 21-2-82 with Ram Jageshwar Singh, father of appellant, on account of passage. The appellant at that time had given him threatening that he would set his 'gowas' on fire. The village panchas decided the matter and according to their decision, the informant constructed his 'gowas' shifting further from the passage. On the night between 22-2-82 and 23-2-82 at about 1 O'clock the informant awoke on hearing of breaking out fire and he found that his 'gowas' was burning and the hou...

S.K. Verma Vs. State of Bihar and ors.

Court: Patna

A.K. Ganguly, J.1. This writ petition has been filed for quashing the order of suspension dated 22nd March, 1990 passed against the petitioner as well as departmental proceeding which was initiated against the petitioner. During the pendency of this writ petition, the departmental inquiry was concluded, and final order was also passed. The petitioner by filing amendment petition challenged those orders also in this proceeding.2. Prior to this writ petition another writ petition was filed by the petitioner being C.W.J.C. No. 2390 of 1990 challenging the suspension order. While hearing that writ petition (C.W.J.C. No. 2390 of 1990), the learned Division Bench of this Court recorded the submission of the petitioner that the suspension order was passed on the basis of a report made by one Sri Hari Sharan Singh, Superintending Engineer, who was a member of Flying Squad. It was also recorded that Sri Hari Sharan Singh had engaged about 1100 persons on muster roll in an illegal manner and h...