Patna Court February 2000 Judgments
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Mangal Finance Limited Vs. Express Confectioners Pvt. Ltd.
Court: Patna
Decided on: Feb-15-2000
G.S. Chaube, J. 1. This application by a petition under sections 433, 434 and 439 of the Companies Act, 1956 (hereinafter to be referred to as 'the Act') is presented for an order for winding up M/s. Express Confectioners Pvt. Ltd., a company registered under the Act having its registered office at 55, Baralal Street, Ranchi, which shall hereinafter be referred to as 'the respondent'. The petitioner is M/s. Mangal Finance Ltd., a company registered under the Act having its registered office at Calcutta in West Bengal. 2. The case of the petitioner-company is that the respondent required a certain loan from Small Scale Industries Development Bank of India (in short SIDBI), to the tune of Rs. 80,00,000 for their Bread Project at Ranchi. For the purposes of syndication, etc., of the said loan from the SIDBI, the respondent took the services of the petitioner-company under an oral agreement and agreed to pay a sum of Rs. 1,60,000 in the following manner : (a) Rs. 64,000 for preparation of...
ishwar Murmu Vs. State of Bihar
Court: Patna
Decided on: Feb-14-2000
D.P.S. Choudhary, J.1. This criminal appeal is directed against the judgment and order dated 7th June, 1996 passed by 5th Additional Sessions Judge, Dumka in Sessions Trial No. 141/83 of 1995 whereby the Court below has convicted the appellant under Section 304, Part II of the Indian Penal Code and sentenced him to undergo rigorous imprisonment for seven years.2. In brief, the prosecution case is that on 16-3 1995 (Tuesday), Md. Khusro Ansari (P.W 8) who is local Sardar of the village Gando, district-Dumka, received an information that at village Mayurnacha, one Nayan Murmu had been murdered. He went to that village and found the dead body of Nayan Murmu lying in the verandah of his house. He also found some of the villagers had tied up accused Ishwar Murmu with a rope. He was informed by the villagers that accused Ishwar Murmu has murdered his father Nayan Murmu and had confessed his guilt before them. P.W. 8 the village Sardar brought the accused to the local Police Station and made...
Rijhan Nag Vs. State of Bihar and ors.
Court: Patna
Decided on: Feb-14-2000
M.Y. Eqbal, J.1. In this writ application, the petitioner seeks issuance of appropriate writ directing the respondents to consider her case in the matter of settlement of 4 katha of land of MS Plot No. 886, Ward No. 4 at Purlia Road, Ranchi. 2.The petitioner's case is that she was the owner of portion of plot No. 58 Khata No. 65 of Mouja Chouri, P.S. Kanke, District Ranchi. The Public Works Department, in order to make construction of Potpoto Bridge on Ranchi-Kanke road wanted to acquire 6 decimals of portion of the aforementioned plot No. 58, approached the petitioner for the said purpose. It was represented that if the respondents are allowed to take possession of the land belonging to the petitioner for construction of the aforesaid bridge instead of making payment of compensation, the petitioner will be alleged in exchange of her land an area of 28.71 sf at Purlia Road within the Ranchi Municipal Corporation. It is contended that the petitioner agreed to offer the land over which ...
Oriental Insurance Co. Ltd. and anr. Vs. Badri Gorai and ors.
Court: Patna
Decided on: Feb-14-2000
G.S. Chaube, J.1. On a petition having been filed by and on behalf of the appellants, Oriental Insurance Co. Ltd. and its Divisional Manager, M.A. Nos. 67/98(R), 68/98(R), 69/98(R), 70/98(R), 71/9S(R), 72/98(R) have been heard analogous and are being disposed of by this common order. All of them have arisen from identical orders passed by the 5th Addl. Judicial Commissioner of Ranchi on applications under Section 140 of the Motor Vehicles Act, 1988 (hereinafter to be referred to as the Act) in consequence of a fatal accident resulting in death of the Kin of the applicants therein. By the impugned orders, the learned Additional Judicial Commissioner has directed the appellants, particularly appellant No. 1-Insurance Company, to pay to each set of applicants in those, applications a sum of Rs. 50,000/- as interim compensation within one month from the date of the order, otherwise interest @ 12% per annum is to be levied.2. The admitted facts giving rise to these appeals under Section 17...
Ram Ashray Singh and anr. Vs. State of Bihar
Court: Patna
Decided on: Feb-11-2000
D.P.S. Choudhary, J.1. This appeal has been preferred against the judgment and order dated 4th of May, 1996 passed by the Sessions Judge, Jehanabad in Sessions trial No. 10 of 1995 convicting the appellant Ram Ashraya Singh under Sections 376 and 448 of the Indian Penal Code (hereinafter referred to as the (I.P.C.) and he has been sentenced to undergo R.I. for 10 years and one year respectively. His sentences were ordered to run concurrently. Appellant Amarik Singh has been convicted under Section 225 of the I.P.C. and sentenced to undergo R.I. for three years.2. The prosecution case in brief is that accused Ram Ashraya Singh committed lurking house trespass into the house of the informant situated at village Sewabigha, P.S. Kurtha and committed rape on Shakila Khatoon, the wife of the informant in the night of 9.6.1994. In the fardbeyan (Ext. 2) Sharfuddin Shall, the husband of Shakila Khatoon (P.W.-2) further alleged that on hulla of his wife he rushed inside the house and caught ho...
Rama Shankar Dubey Vs. Bihar State Housing Board and ors.
Court: Patna
Decided on: Feb-09-2000
B.P. Singh, J. 1. The appellant herein has impugned the judgment and order of a learned Judge of this Court dated 1st September, 1998 dismissing the writ petition. In the writ petition filed by the appellant he had challenged the order of eviction passed by the Sub-Divisional Magistrate, Patna Sadar, dated 25th February, 1991 in Eviction Suit No. 17 of 1990 passed under Section 59 of the Bihar State Housing Board Act. 1982, as well as, the appellate order dated 28th December, 1996 dismissing the appeal. These orders were Annexures 4 and 5 respectively to the writ petition. 2. The first submission urged before us by counsel for the appellant is that the Sub-Divisional Officer, Patna Sadar, had no jurisdiction under Section 59 of the Act to pass the impugned order dated 25th February, 1991 as he was not duly authorised to exercise the powers of the competent authority under the Act. 3. The learned Judge, before whom the same submission was urged, considered it unnecessary to examine...
Birendra Sah Vs. State of Bihar
Court: Patna
Decided on: Feb-09-2000
D.P.S. Choudhary, J.1. This criminal appeal has been preferred against the judgment and order dated 26-4-1996 passed by 1st Additional Sessions Judge, Sitamarhi in Sessions Trial No. 78 of 1991/10 of 1992 convicting the sole appellant under Section 376 of the Indian Penal Code and sentenced to undergo R.I. for 7 years along with a fine of Rs. 5,000/- and in default of payment of fine to 1 year R.I.2. The prosecution case in brief, is that, the informant Chandrakala Kumari (P.W. 8) a minor girl aged about 7 years alleged in her fardbeyan dated 6-12-1990 before S.I. of Sahiyara P.S. that on this day she had gone to scrap grass in the Chaur of village. Just before sunset she kept the cut grass in a gunny bag and left for her village with the grass and sickle. In the meantime, accused-appellant, Birendra Sah aged about 20 years who was grazzing his She-Buffalo came near her and demanded sickle for preparing Paina. She gave him her sickle. It is further alleged that accused Birendra Sah pu...
Kashi Nath Kumbhkar and anr. Vs. Sitaram Singh and ors.
Court: Patna
Decided on: Feb-08-2000
G.S. Chaube, J.1. Heard.This appeal has been directed against award dated 12.4.1996 made in Title (Motcr Vehicle) Suit No. 144/92 challenging the quantum of compensation awarded to the appellants by the Claims Tribunal. It appears that by the impugned award, the Claims Tribunal had awarded a sum of Rs. 64,000/- to the claimant-appellants. Being dissatisfied with the quantum of compensation, the present appeal has been filed.2. It has been submitted by the learned Counsel appearing for the Insurance Company that the claimants received the entire amount of compensation awarded by the Claims Tribunal within the time fixed as full and final satisfaction of the award and made an endorsement to this effect on the application filed by the Insurance Company before the Claims Tribunal (Annexure B). Therefore, he submits that once the claimants received the amount of award by way of full and final satisfaction of the award, they cannot be permitted to prefer this appeal against the same award....
Ram Kishor Prasad Vs. State of Bihar and ors.
Court: Patna
Decided on: Feb-08-2000
N. Pandey, J.1. This is a petition under Section 482 of the Code of Criminal Procedure, in short 'the Code', for quashing the order of the Ist Additional Sessions Judge, Arrah dt. 24-2-1999 in Cr. Revision No. 219 of 1998, whereby and whereunder, he set aside the order of the Sub Divisional Magistrate, Piro, Arrah, passed under Section 133 of the Code. Having heard the parties, this application is being disposed of at this stage itself.2. It would appear from the materials on record that Land Encroachment Case No. 3 of 1991-92 was started before the Anchal Adhikari alleging obstruction of a public passage against the opposite parties. The Anchal Adhikari having enquired into the matter, by order dated 20-9-1991 directed the opposite parties to immediately remove the obstruction. But in spite of the order of the Anchal Adhikari when opposite parties did not remove the obstruction, a petition was filed on behalf of the petitioner before the Sub Divisional Magistrate under Section 133 of...
Md. Nehal Mian and ors. Vs. State of India and anr.
Court: Patna
Decided on: Feb-08-2000
D.P.S. Choudhary, J.1. The appellants have preferred this appeal against the judgment and order dated 19.4.1996 passed by the 1st Additional Sessions Judge, Jamui in Sessions Trial No. 603 of 1989 convicting the appellant No. 1, Md. Nehal Mian under Sections 376 and 323 of the Indian Penal Code (hereinafter referred to as the 'I.P.C.') and sentenced him to undergo RI for seven years under Section 376 of the I.P.C. but no sentence was awarded for the offence under Section 323 of the I.P.C. Appellant Nos. 2 and 3, namely, Md. Balal and Md. Bashir Mian were convicted for the offence under Sections 325 and 323 respectively and were sentenced to two years' RI and one month's SI.2. The Prosecution case in brief is that on 29.4.1989 at about 6.00 p.m. the informant Pabia Devi (PW-6) was in her house alone and her husband Birchha Manjhi had gone to his sister's village Sikandfa. At that time, accused Nehal Mian arrived inside her house and pushed her on the floor and committed sexual intercou...
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