Patna Court November 2000 Judgments
Hansraj Singh and Rajnath Singh Vs. State of Bihar
Court: Patna
Decided on: Nov-21-2000
Prabhat Kumar Sinha, J.1. Since both the applications arise out of the same judgment, they have been heard together and are being decided by this common order.2. Both these revision applications are directed against the judgment dated 16.6.1998, recorded by 4th additional Sessions, Judge, Gaya in Cr. Appeal No. 46 of 1997/216 of 1987, whereunder the learned appellate Court confirmed the judgment dated 11.9.1987 recorded in R.P. Case No. 47 of 1982, and the conviction of both the accused, under the same judgment, was upheld and their sentences to undergo rigorous imprisonment for one year under Section 3 of the Railway Property (Unlawful Possession) Act, 1966 was also maintained.3. Learned Counsel for the petitioners has argued only on sentence and has made out following points:(i) This was a case of the year 1982 in which the learned Special Judicial Railway Magistrate, 1st Class at Gaya, had convicted and sentenced the accused by the judgment dated 11.8.1987 which was upheld by the j...
Tag this Judgment!Chunda Hansda Vs. State of Bihar
Court: Patna
Decided on: Nov-20-2000
Shiva Kirti Singh, J.1. The sole accused/appellant, Chunda Hansda has preferred this appeal against his conviction under Section 302 of the Indian Penal Code and sentence of R.I. for life vide judgment and order dated 15th December, 1993 passed by 3rd. Additional District & Sessions Judge, Dumka (S.P.) in Sessions Case No. 173/1992/109/93.2. According to the prosecution story, one Pradhan Hansda, father of deceased Raska Hansda lodged an F.I.R. on 28.7.91 at 10.30 p.m. disclosing therein that on that date at about 4 p.m., he returned to his house from another village and found his son Raska Hansda in injured condition. He was informed by his grand-son Parmo Hansda, son of Raska Hansda that at about 2 p.m. while Raska Hansda and appellant Chunda Hansda were drinking wine, an altercation took place and suddenly, the appellant Chunda Hansda lifted a stone and assaulted Raska on the entire head as a result whereof Raska Hansda fell down and become senseless. It was further disclosed that ...
Tag this Judgment!Arun Kumar Gupta and ors. Vs. State of Bihar
Court: Patna
Decided on: Nov-20-2000
Prabhat Kumar Sinha, J.1. This revision application has been admitted only so for petitioner No. 1 Arun Kumar Gupta is concerned. Learned Counsel has argued only on the point of sentence of this petitioner who, by the learned trial Court, was found guilty of having committed the offence punishable under Section 325 of the Indian Penal Code, sentencing him to undergo rigorous imprisonment for one year. The learned appellate Court, having considered the evidence and the sentence, upheld the judgment and also maintained the sentence imposed upon petitioner No. 1.2. Learned Counsel for the petitioner has argued for reduction of sentence on following grounds:(i) In this case, F.I.R. was lodged in October 1992 and the trial Court delivered judgment on 7.10.1996 and the appeal was disposed of on 18.6.1998. The argument is that the petitioner has faced this case for 8 years.(ii) That the assault on the injured lady, as will also appear from the evidence, was not intentional.(iii) That the pet...
Tag this Judgment!Mahendra Poddar Vs. State of Bihar
Court: Patna
Decided on: Nov-20-2000
Prabhat Kumar Sinha, J.1. Heard learned Counsel for the petitioner and learned Addl. Public Prosecutor.2. Petitioner after trial was convicted by the learned trial Court under Section 25(1B) as also under Section 26 of the Arms Act and sentenced to undergo rigorous imprisonment for one year under each count. The petitioner having preferred appeal, the same was decided by learned 6th Addl. Sessions Judge at Begusarai vide judgment dated 16.7.1998 in which the appeal was dismissed and the judgment of conviction and the order of sentence were upheld.3. The learned Counsel for the petitioner has placed arguments only on sentence and submitted following points:(i) That only a country made pistol, without cartridge, has been recovered from the possession of the petitioner.(ii) It has not been proved that the petitioner was earlier convicted for any criminal offence, not it was brought on the record that he was made accused in other similar cases.(iii) This case had commenced vide FIR. dated...
Tag this Judgment!Suresh Prasad Singh Vs. the State of Bihar
Court: Patna
Decided on: Nov-20-2000
Prabhat Kumar Sinha, J.1. This appeal has been preferred by the sole appellant against the judgment dated 23.9.1989 recorded by the then Special Judge Vaishali in G.R. No. 791 of 1985 convicting the appellant under Section 7 of the Essential Commodities Act, 1955 ('the Act', in short), sentencing him to undergo rigorous imprisonment for six months.2. The only point that has been urged before me is that the witnesses in this case were examined and cross-examined by 6.6.1989 and the appellant was examined under Section 313 of the Code of Criminal Procedure ('Cr.P.C.', in short) on 19.6.1989 whereas judgment was delivered by Sri S.N. Pathak in whose Court this case was received on transfer on 5.9.1989.3. Sri N.K. Agrawal, earned Counsel for the appellant argued that this judgment was delivered by Special Judge who had not recorded evidence of any witness nor had examined the appellant under Section 313 of the Cr.P.C. whereas the case was tried summarily, and since the judgment was based ...
Tag this Judgment!State of Bihar Vs. Ramashankar Tiwari and ors.
Court: Patna
Decided on: Nov-20-2000
P.K. Deb, J.1. This appeal has been preferred against the judgment of acquittal dated 10.7.1987 passed by the then 4th additional Sessions Judge, Rohtas at Sasaram in Sessions Trial No. 567 of 1978.2. In total, ten accused-persons were made to face trial under the charges under Sections 302/307/149/379 of the Indian Penal Cod read with Section 27 of the Arms Act. Accused-respondents Rama Shankar Tiwary, Sidharth Tiwari, Rameshwar Chamar (Ram), Kailash Ram, Kanta Chaudhary, Ram Nath Singh, Kashi Ram, Jagarnath Tiwari, Kedar Tiwari and Sarju Tiwary were charged under Sections 302/149 of the Indian Penal Code for forming an unlawful assembly having a common object to commit murder of Kedar Roy, Tarkeshwar Pandey (P.W. 2) and Ashok Kumar Ghosh (P.W. 1). Kedar Tiwary was separately charged under Section 302 of the Indian Penal Code for committing murder of Kedar Roy. Again all the accused-persons have been charged under Sections 307/149 of the Indian Penal Code for attempting to cause deat...
Tag this Judgment!Cit and anr. Vs. Prabhat Zarda Factory
Court: Patna
Decided on: Nov-16-2000
Heard learned counsel appearing for the appellants and the respondent.2. This appeal on behalf of the Commissioner of Income Tax, Patna, is against the order of the Income Tax Appellate Tribunal, dated 12-2-1999, whereby and where under the departmental appeals were dismissed.3. Learned counsel for the appellants only contended that the learned Tribunal has erred in law while rejecting the appeal. Because, in view of the provisions of section 176(3A) of the Income Tax Act, where any business is discontinued in any year, any sum received after the discontinuance shall be deemed to be the income of the recipient and charged to tax accordingly in the year of receipt. Since, the assessee had received the refund after acquisition of the erstwhile company, it was the liability of the recipient-assessee to pay the taxes.4. Learned counsel for the respondent pointed out that no plea was ever raised on behalf of the department to take the aid of section 176(3A) of the Income Tax Act at any sta...
Tag this Judgment!Raj Kishore Upadhya Vs. Bihar State of Religious Trust and ors.
Court: Patna
Decided on: Nov-14-2000
Narbdeshwar Pandey, J.1. Plaintiff/appellant has preferred this Letters Patent Appeal against the judgment dated 17.8.1988, whereby and whereunder, the appeal was dismissed, affirming the judgment and decree dated 26.6.1982, passed by the learned Additional Sub-ordinate Judge-II, Patna in Title Suit No. 219/20 of 1972.2. The suit of the plaintiff was for a declaration that the temple at Rajapur, Patna and the properties attached to the same are private and personal properties of the plaintiff and the defendants/respondents have no right and interest. As per the case of the plaintiff. Deo Sharan Das was the Mahanth of the Pranami Mandir, situated in Mahalla Rajapur, in the town of Patna. There is no idol worship in Pranami sect of Hindu religious and the Pranamies are governed by their own customs and traditions which are not common in other Mandirs. Chintanand Das, the founding Mahanth of the Mandir believed in Pranami sect and propagated Pranami cult of Hindu religions and he constru...
Tag this Judgment!Vinod Kumar Mishra and ors. Vs. the Samastipur Kshetriya GramIn Bank a ...
Court: Patna
Decided on: Nov-14-2000
N. Pandey, J.1. In this writ petition, the petitioners have prayed for quashing the Order No. 2/88 dated 23.3.1988 as contained in Annexure 14, whereby and whereunder, Respondent Nos. 4 to 19 were promoted as Field Supervisors under the respondent-Bank. A prayer has also been made for a writ of mandamus commanding the Bank authorities to grant petitioners' promotion against such posts strictly in accordance with Circular No. 23 dated 30.5.1986, as contained in Annexure 8 to the writ petition.2. Petitioners and Respondent Nos. 4 to 19 were initially appointed under the respondent-Bank against various posts in the year 1981. Later, with a view to fill up the posts of Field Supervisors and Branch Managers in higher scale, Employment notices were published by the authorities by which certain percentage of Field Supervisors were required to be filled up on direct recruitment from the outside candidates and remaining posts by promotion. Initially on 7.1.1985, interview was held for filling ...
Tag this Judgment!Tata Iron and Steel Co. Ltd. Vs. Kumardhubi Metal Casting Engg. Ltd. a ...
Court: Patna
Decided on: Nov-10-2000
Ravi S. Dhavan, C.J. 1. These proceedings are preliminary in nature and upon having heard learned counsel for the parties, on consent by all of them no aspect of the merits of the claim of any party is decided. But certain preliminary questions have arisen and these must be answered. 2. These preliminary questions are : the aspect which gave occasion to these issues is an order, which had been passed on May 16, 2000, by the judge in C. W. J. C. No. 5510 of 2000 that regard being had in the circumstances that a Company Petition No. 2 of 1996 (R) for winding up of Kumardhubi Metal Casting and Engineering Ltd., P. O. Kumardhubi, District Dhanbad, is pending. In the circumstances all other matters relating to the recovery of debts of the creditor, including proceedings arising out of or challenging the order of the Tribunal under the Recovery ofDebts Due to Banks and Financial Institutions Act, 1993, be transferred to the Bench of the Patna High Court at Ranchi. The order of the judge, a...
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