Patna Court September 1999 Judgments
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Kamla Devi Vs. Mostt. Kauleshwari Devi and ors.
Court: Patna
Decided on: Sep-08-1999
Gurusharan Sharma, J.1. On 24-4-1973, Baijnath Rai of village Maksudpur, within Muzaffarpur district died, leaving behind his widow Kauleshwari Devi, the defendant No. 1, a married daughter, Kamla Devi, the plaintiff, from his first wife. Mostt. Marachai, (who had died on 22-2-1984) minor daughter, Kamleshwari Devi, the defendant No. 2 and minor son. Amarnath Rai, the defendant No. 3 from his second wife.2. Kamla Devi filed Partition Suit No. 174 of 1973 against her stepmother, sister and brother for partition of her 1/4th share in the proper-ties, detailed in Schedules I and II to the plaint.3. According to plaintiff, she along with defendants jointly inherited interest in the suit properties, after death of Baijnath Rai. There was no partition by metes and bounds. Ten Khatias land was sold by defendant No, 1 to one Ajab Rai, so he was made defendant No. 4 in the suit.4. The defendants contested the suit. According to them, Defendant No. 1 was only wife of Baijnath Rai. He had no sec...
Badari Murmu and ors. Vs. State of Bihar
Court: Patna
Decided on: Sep-07-1999
Bharat Prasad Sharma and Manohar Lal Visa, JJ.1. The four appellants in this case have been convicted under Sections 307/34 of the Indian Penal Code for having variously assaulted Tarpa Murmu, Chhoti Murmu, Hudu Murmu, Gobind Murmu and Hernia! Marandi with different kinds of weapons ; such as sword, garansa, lathi, etc, with common intention. Appellant No. 1, Badri Murmu, has been convicted under Section 302, I.P.C. for committing murder of Tirka Murmu. The other three appellants have been convicted of offence under Sections 302/34, I.P.C. for having shared the common intention with Badri Murmu for committing the murder of Tirka Murmu which was committed by Badri Murmu. The appellants have also been sentenced to various terms of imprisonment. Badri Murmu, appellant No. 1, has been sentenced to imprisonment for the under Section 302, I.P.C, The other three appellants have been contended to undergo life imprisonment under Section 302 read with Section 34, I.P.C. and all the four appell...
Janak Rai and ors. Vs. Bahuria Lal Muna Devi and ors.
Court: Patna
Decided on: Sep-07-1999
R.N. Sahay, J.1. This is an appeal by the defendant Nos. 5 and 6 from the final decree in Partition Suit No, 37/14 of 1964/1967. The plaintiff-respondent Nos. 1 and 2 filed the aforesaid suit to declare the registered sale-deed dated 12-6-1963 in favour of defendant No. 1 and defendant No. 2 as void, illegal and inoperative and also to declare that the plaintiffs were entitled to 1/5th share in the properties described in Schedule 1 and 2 of the plaint.2. The suit was decreed in terms of the relief claimed for the the plaint. It may be mentioned that the present appellants had conceded to the claim of the plaintiffs. The other defendants set up different pleas which are not necessary to be recorded in this judgment.3. Preliminary decree was prepared on 20-9-1967. Thereafter, the Pleader Commissioner was appointed for Takhtabandi some time in the year 1971. On 19-8-1971 the plaintiffs filed an application for amendment of the decree and to include seven plots of different khatas, tota...
Sheo Dutta Mishra Vs. United India Insurance Company Limited and Other ...
Court: Bihar State Consumer Disputes Redressal Commission SCDRC Patna
Decided on: Sep-07-1999
V.N. Mishra, Member: 1. The present complaint has been filed by Shri Sheo Dutta Mishra, President, Akhil Bhartiya Grahak Panchayat on behalf of Kedar Prasad Gupta, proprietor of India Alloys Company against United India Insurance Company and others for payment of compensation of Rs. 11.50 lakhs with interest at the rate of 18% for the loss and injury- suffered by the complainant due to negligence of the opposite parties. 2. The brief facts of the case are that India Alloys, a manufacturing factory, manufactures aluminium shots and notched bars and non- ferrous casting, etc. The complainant had got the materials of the Company in respect of which theft was committed insured against loss or damage due to burglary and/or house-breaking for a sum of Rs. 7.50 lakhs for which he paid a premium of Rs. 734/-. The insurance cover was for the period from 26.9.1991 to 25.9.1992. The premises was fully secured with outer doors constructed of steel gate and shutters, front, back and side windows ma...
Birendra Yadav and ors. Vs. Mangi Devi and ors.
Court: Patna
Decided on: Sep-06-1999
Gurusharan Sharma, J.1. Heard the parties and perused lower Court records and with their consent this appeal is disposed of under Order XLI, Rule 11 of the Code of Civil Procedure.2. Plaintiffs filed Title Suit No. 3 of 1986 against defendants including State of Bihar through Collector, Gaya and Anchal Adhikari. Sherghati for declaration of title and for declaration that they were occupancy raiyats of the suit land and for permanent injunction restraining defendants from disturbing their peaceful possession.3. According to plaintiffs, recorded tenant Bhago Yadav sold 1.25 acres raiyati land, bearing C.S. plot Nos. 510 and 520, detailed in Schedule 1 to the plaint to Bakhori Singh, the then landlord, by registered sale-deed dated 5-1-1939. The said land became bakast and came in cultivating possession of landlord and after vesting of Zamindari, ill the State of Bihar, under the provisions of Bihar Land Reforms Act, 1950, it again became raiyati land of said Bakhori Singh. By registere...
Ashok Kumar Shrivastava Vs. State of Bihar
Court: Patna
Decided on: Sep-03-1999
R.N. Sahay, J.1. The appellant was charged and tried for committing the murder of Navin Kumar Singh by inflicting knife injury on him on 14-11-81 at Mohalla Rajendranagar, P.S. Arrah Nawadah in the district of Bhojpur.2. In the night on 13-11-81 at 10-30. p.m. Girjanandan Singh, a practising lawyer in the Civil Court was in the office at his residence along with his clerk Ramawtar Singh and client Shivnanda Singh, Binod Kumar Singh, son of Girjanandan Singh along with Balajee Singh after taking their meal went out of their house to take betel in a shop in the main road. After some time Girjanandan Singh heard hulla. He came out of his house along with Ramawtar Singh and Shivanand Singh. He saw appellant running away towards north with a blood-stained dagger. Navin Kumar Singh was crying at the gate of one Brij Bihari Srivastava situate to the south of the house of Girjanandan Singh. Navin Kumar Singh was lying seriously injured. In the meantime, Binod Kumar Singh and Balajee Singh ar...
Narayan Prasad Kataruka Vs. Jutharam Jankidas
Court: Patna
Decided on: Sep-02-1999
R.A. Sharma, J.1. This is the defendant's second appeal. The plaintiff-respondent filed an Eviction Suit No. 7 of 1990 in the Court of Munsif, Chaibasa, seeking eviction of the defendant from the premises in question on the ground of default in payment of rent and recovery of arrears of rent. The suit was decreed by the learned Munsif by judgment and decree dated 21-2-91 /6-3-91, whereby and whereunder the defendant was directed to vacate the suit premises and to pay arrears of rent to the tune of Rs. 3,240/- with cost. The defendant, thereafter, filed an appeal in the Court of learned District Judge, Chaibasa, which has been dismissed by the learned 4th Additional District Judge, Singhbhum at Chaibasa. Being aggrieved thereby the defendant has filed this second appeal. .2. At the time of admission of this appeal, this Court formulated the following substantial questions of law:(A) Whether both the Courts below could have come to a finding that the appellant was a defaulter without c...
Ram Ashray Singh and anr. Vs. Ram Chandar Prasad and ors.
Court: Patna
Decided on: Sep-01-1999
M.Y. Eqbal, J.1. This civil revision application by the defendants-petitioners is directed against the order dated 1-12-98 passed by Sub-Judge, 1st Court, Bokaro at Chas in Title (Eviction) Suit No. 2/97 whereby he has allowed the application filed by the plaintiffs/ opposite parties under Section 15 of the Bihar Building (Lease, Rent and Eviction) Control Act (hereinafter referred to as the B.B.C. Act) and directed the petitioners to deposit the arrears of rent from December 1995 till the date of passing of the order at the rate of Rs. 250/- per month for each of the plaintiffs.2. Plaintiffs-opposite parties instituted the aforesaid suit claiming a relief of eviction of the defendants-petitioners from the tenanted premises as described in schedule of the plaint and also for a decree for realisation of arrears of rent.3. Plaintiffs' case, inter alia, is that plaintiff Nos, 1 and 2 are the own brothers and plaintiff Nos. 3 and 4 are own brothers. They jointly purchased 22 decimals of ...
Devendra Das and ors. Vs. the State of Bihar
Court: Patna
Decided on: Sep-01-1999
Manohar Lal Visa, J.1. This appeal is directed against the judgment and order dated 30th March, 1996 passed by 1st Additional Sessions Judge, Saran at Chapra, in Sessions Trial No. 13/93 convicting and sentencing all the appellants to undergo R.I. for 10 years each and to pay a fine of Rs. 1,000/- in default to undergo R.I. for 6 months under Section 376(2)(g) IPC and R.I. for 1 year each under Section 342, IPC. Appellant Devendra Das has further been convicted and sentenced to undergo R.I. for 6 months under Section 366A, IPC. The respective sentences passed against the appellants have however been ordered to run concurrently.2. The case of the prosecution, in short, is that about one week prior to 20-7-92 on a Saturday the informant Mamta (PW. 6), a minor girl aged about 13 years had gone to Tapan Bazar for seeing a 'Mela' (fair). At about 4-30 p.m. appellant Devendra Das met her and asked her to see the fair further with him. She declined. In the meantime, a bus came there and appe...
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