Patna Court January 2000 Judgments
Surendra Prasad Singh and ors. Vs. State of Bihar and anr.
Court: Patna
Decided on: Jan-14-2000
B.N. Singh 'Neelam', J.1. Heard Mr. S.K. Mishra, learned counsel for the petitioners preferring this petition under Section 482, Cr. P.C. for quashing the whole proceeding of Trial No. 60 of 1996 so pending in the Court of Judicial Magistrate, 1st Class in which vide order dated October 28, 1980, the cognizance of offence is so taken against the present petitioners under Section 14AA of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 (hereinafter referred to as the 'Act') against the accused persons figuring here as petitioners. 2. The complainant of this case is Inspector, Provident Fund, Muzaffarpur and the written report so given by him, a photo copy of which is filed, marked as Annexure-2, reveals with regard to the failure on the part of the present petitioners as to pay the deposit linked insurance contributions for the month of July 1979 to September 1979. The cognizance was so taken on October 28, 1980, a copy of which is filed and marked as Annexure-3. ...
Tag this Judgment!Nitya Nand Dubey Vs. Om Prakash Choudhary and ors.
Court: Patna
Decided on: Jan-14-2000
D.P.S. Choudhary, J.1. The petitioner has preferred this revision against the judgment and order dated 12th July, 1994, passed by Sri B.K. Thakur, Sessions Judge, Bhagalpur in S.T. No. 591/90, by which he recorded the judgment of acquittal in favour of the accused-persons-opposite parties, (1st Set).2. Briefly stated, the case of the prosecution as made out in the fardbeyan, Ext. 8 is as follows:In the evening at about 6.45 p.m., on 5.10.89, Fudan Dubey (since deceased) was returning to his house from Ghogharailway station through the orchard of his cousin. Sajjan Sah was also following him at some distance. In the orchard, he was intercepted by the seven accused-persons, out of them, four accused, namely, Om Prakash Choudhary, Tuntun Jaiswal, Anil Choudhary and Mahesh Choudhary were armed with pistols while the rest three accused-persons were armed with Farsa, knife and dagger. Accused Om. Prakash Choudhary and Tuntun Jaiswal asked Fudan Dubey to stop and then Tuntun Jaiswal ordered ...
Tag this Judgment!Kamleshwari Paswan and anr. Vs. State of Bihar
Court: Patna
Decided on: Jan-14-2000
S.N. Pathak, J.1. This appeal has been preferred by convicts Kamleshwari Paswan and Manoj Paswan, who were convicted under Section 307, I.P.C. and sentenced to undergo R.I. for five years. They were further convicted under Section 447, I.P.C. and sentenced to undergo R.I. for three months.2. The case of the prosecution in a nut shell, as per the fardbeyan of Narsing Paswan is to the effect that on 3.6.85 at about 10-11 a.m., accused Kamleshwari and Manoj along with others were plucking mango fruits from the orchard of the informant's brother, Amrit Paswan. Amrit Paswan and informant Narsing Paswan went to the orchard and protested to the Act of the accused, whereupon the predator abused the informant and his brother. Manoj Paswan at the instigation of Thakur Paswan, assaulted the informant Narsing Paswan with spade from its blade portion. The informant sustained injury on his head. Subsequently, he was also subjected to assault by other members of the accused party with fists and he w...
Tag this Judgment!Lakshmipati Sahai and ors. Vs. State of Bihar
Court: Patna
Decided on: Jan-14-2000
R.N. Prasad, J.1. Both the appeals have been filed against common judgment and as such they have been heard together and are being disposed of by this judgment.2. The appellants have preferred these appeals against the judgment and order dated 16-7-1992 passed by 5th Addl. Sessions Judge, Patna in S.T. No. 278/23 of 1985/88 whereby appellants have been convicted for the offence under Section 302/34 of the Indian Penal Code and have been sentenced to undergo imprisonment for life.3. The prosecution case is that one Dhanu Choudhury gave his fardbeyan at the police station on 28-6-1982 at about 2.45 a.m. that his son Mahesh Lal Choudhary had gone to attend the marriage ceremony in the house of Risi Babu and he was in his house. At about 2.15 a.m. he heard cry of his son. He came out of his house and saw that his son was lying on the ground and Laxmi Pati Sahay and his son Dipu were catching hold of him. The eldest son of Laxmi Pati Sahay, namely, Rajesh Sahay was assaulting his son with ...
Tag this Judgment!Nirmal Kumar Ghosh and Etc. Etc. Vs. Sub-divisonal Magistrate, Jamshed ...
Court: Patna
Decided on: Jan-14-2000
M.Y. Eqbal, J. 1. In all these writ applications the petitioners have challenged the orders passed by the Jamshedpur Notified Area Committee in purported exercise of power under Section 194 of the Bihar & Orissa Municipal Act and for declaration that the demolition of the tenanted premises by the said committee is absolutely illegal, arbitrary, malafide and against the law.2. I would first like to state in brief the facts of case of the writ petitioners :CWJC No. 1835/99(R) :In this case the petitioner is a partnership firm carrying on hard-ware business. The petitioner is in occupation of a petition of the building premises under respondent No. 2-landlord. Petitioner's case is that previously he was Inducted as a tenant in the said house by the erst while owner and landlord Mr. V.J. Pathak. The building was jointly purchased by Pasan Ben Adesara and Kanchan Ben Adesara by a sale deed dated 3-3-87. Subsequently Pasan Ben Adesars executed a deed of relinquishment on 26-9-95 in favo...
Tag this Judgment!Manoj Kumar Thakur Alias Lucho Thakur Vs. State of Bihar
Court: Patna
Decided on: Jan-13-2000
D.P.S. Choudhary, J.1. This appeal has been preferred against the judgment and order dated 27th of May, 1994 passed by the 2nd Additional Sessions Judge, Katihar in Sessions Trial No. 101 of 1993 convicting the appellant under Section 364 of the Indian Penal Code (hereinafter referred to as the 'I.P.C.') and sentenced him to undergo R.I. for seven years.2. The prosecution case in brief is that the F.I.R. (Ext. 1) was lodged by one Radha Kant Jha (P.W. 3) of village Dewat Laxmipur, P.S. Amdabad, District-Katihar, alleging that on 31-3-1992 his youngest son Brahmdeo Jha aged about 10 years was sleeping at the Darwaja along with the other family members. The appellant and his father came there and took away his son Brahamdeo Jha. Since then the boy did not return back. The first informant enquired from the coaccused Jichhu Thakur, father of the appellant Manoj Kumar Thakur, about his son, on which he replied that his son had gone to purchase biscuit along with his son (Appellant) . It is...
Tag this Judgment!Jagjit Kaur and anr. Vs. State of Bihar and anr.
Court: Patna
Decided on: Jan-13-2000
B.N. Singh 'Neelam', J.1. Heard Mr. S.K. Mishra, learned Counsel for the petitioners preferring this petition under Section 482, Cr.P.C. for quashing the whole proceeding of Trial No. 60 of 1996 so pending in the Court of Judicial Magistrate, 1st Class in which vide order dated 28.10.1980, the cognizance of offence is so taken, against the present petitioners under Section 14AA of the Employees Provident Funds and Miscellaneous Provisions Act, 1952 (hereinafter referred to as the Act') against the accused-persons figuring here as petitioners.2. The complainant of this case is Inspector, Provident Fund, Muzaffarpur and the written report so given by him, a photo copy of which is filed, marked as Annexure-2, reveals with regard to the failure on the part of the present petitioners as to pay the deposited linked insurance contributions for the month of July 1979 to September 1979. The cognizance was so taken on 28.10.1980, a copy of which is filed and marked as Annexure-3. It has been su...
Tag this Judgment!NasiruddIn Khan and ors. Vs. State of Bihar
Court: Patna
Decided on: Jan-13-2000
S.N. Pathak, J.1. This appeal has been preferred by the three above named appellants, out of whom appellant Nasiruddin Khan was convicted under Section 304, Part-II and the rest of the appellants were convicted under Section 323, I.P.C. Appellant Nasiruddin Khan was sentenced to undergo R.I. for five years and the rest of the appellants were sentenced to undergo R.I. for one year for offence under Section 323, I.P.C.2. The case of the prosecution, as per the fardbeyan of Murtaza Khan (Ext. 3), was that on 6.10.81 at about 11.30 the informant was fixing page on his own Sahan land to keep maize crops Suddenly, Nasiruddin Khan, Lajim Khan and Mehmood Khan came there and protested to the Act of fixing of the pole. The informant replied that he was fixing the pegs on his own sahan and, therefore, there was no question of protest. He also asked to accused to get the land measured to ascertain whether the peg was being fixed on the land of the latter or on his own land. Subsequently Nasirudd...
Tag this Judgment!Bibi Hajra and ors. Vs. Bibi Jantun Nisa and anr.
Court: Patna
Decided on: Jan-13-2000
Shiva Kirti Singh, J.1. This first appeal preferred by defendants Nos. 1, 2 and 8 is directed against the judgment and decree dated 30.11.1977 passed by Sri S.N. Sinha, 1st Additional Subordiante Judge, Motihari in Partition Suit No. 426/1970/167/1976 whereby the trial Court has decreed the suit of the plaintiff-respondent No. 1 for partition of properties described in Schedules I, II and III of the plaint as per share claimed by the plaintiff.2. In this case, there is no dispute with regard to material part of genealogy as given by the plaintiff or with regard to extent of her share. According to the plaintiff, her grandfather Shah Md. Karim @ Shah Pawaloo had one son Shah Riyazuddin, one daughter Bibi Newazan Bibi Kitaban, defendant No. 1 is widow of Shah Riyazuddin and mother of the plaintiff Jautunissa. Bibi Hajra Defendant No. 2 is the only sister of the plaintiff and defendant No. 8 Syed Anwarul Hassan is husband of Bibi Hajra, According to the plaintiff, Schedule-I properties a...
Tag this Judgment!Shridhar Koeri Vs. State of Bihar
Court: Patna
Decided on: Jan-12-2000
D.P.S. Choudhary, J.1. The appellant Shridhar Koeri has preferred this appeal against the judgment and order dated 19.4.1994 passed by the 6th Additional Sessions Judge, Rohatas at Sasarm in Sessions Trial No. 346 of 1992 convicting the appellant under Sections 399 and 402 of the Indian Penal Code (hereinafter referred to as the 'I.P.C.') and sentenced him to undergo R.I. for five years and three years respectively. The sentences are to run concurrently.2. The prosecution case in brief is that in his written report dated 14.2.1991 the Officer Incharge, Kargahar Police Station Shri Ramanuj Rai (P.W. 1) alleged that on 13.2.1991 at 8.00 P.M. he received secret information that criminals were about to assemble for committing dacoity and they were to assemble at village Bastalwa and they had also committed an offence of abduction. The Inspector of Sasaram P.S. was also present at that time at the Police Station. The informant lodged a station diary entry and a raiding party was organised....
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