Patna Court March 2000 Judgments
Deep Narayan Yadav and ors. Vs. State of Bihar and anr.
Court: Patna
Decided on: Mar-03-2000
Indu Prabha Singh, J.1. This application in revision under Sections 397 and 401 of the Code of Criminal Procedure (in short 'the Code') is directed against that part of the order dated 5-8-1996 passed by Shri N. Pandey, Judicial Magistrate, Birpur at Supaul in G.R. Case No. 463/92 by which he had directed to issue summonses against the present petitioners.2. From the facts of this case it would appear that the Station Superintendent of Raghopur Railway Station submitted a written complaint on 9-10-1992 at Raghopur police station alleging therein that on 15-9-1992 he found two bags containing Rs. 55,005/- and 41,774/- missing at the relevant time. One Jayant Kumar Srivastava was in-charge of this cash. However, he is said to have handed over the charge of these two bags to petitioner, Deep Narayan Yadav, who worked till 8 a.m. on 15-9-1992. When the informant took charge of the cash from Shri Yadav he could detect that some cash was missing. As a matter of fact the informant had slept ...
Tag this Judgment!Uma Rai and ors. Vs. State of Bihar
Court: Patna
Decided on: Mar-02-2000
R.N. Prasad, J.1. All the three appeals arise out of the judgment and order dated 5.5.1987 passed by 4th Addl. Sessions Judge, Chapra in S.T. No. 42/78. They have been heard together and are being disposed of by this judgment. The appellants in Cr. Appeal No. 194/87 and Cr. Appeal No. 198/87 have been convicted for the offence under Section 302/149 of the Indian Penal Code and sentenced to undergo imprisonment for life. The appellant in Cr. Appeal No. 248/87 has been convicted for the offence under Section 302 of the Indian Penal Code and sentenced to undergo imprisonment for life. Appellant Nos. 1 & 4 in Cr. Appeal No. 194/87 and appellant in Cr. Appeal No. 248/87 and Cr. Appeal No. 198/87 have further been convicted for the offence under Section 148 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for two years. The rest of the appellants in Cr. Appeal No. 194/87 have been convicted for the offence under Section 147 of the Indian Penal Code and sentenced to un...
Tag this Judgment!Dhiren Sada Alias Dhirendra Sada Vs. the State of Bihar
Court: Patna
Decided on: Mar-02-2000
D.P.S. Choudhary, J.1. This appeal has been preferred against the judgment and order dated 14-3-1997 passed by the 2nd Assistant Sessions Judge, Supaul, in Sessions Case No. 5 of 1994, convicting the appellant under Sections 458, 366 and 376 of the Indian Penal Code (hereinafter referred to as the 'IPC') and sentenced him to undergo R. I. for 5 years, 5 years and 7 years respectively. However, the sentences were ordered to run concurrently.2. The prosecution case in brief is that in the night of 14-7-1993 at about 12.00 O'clock in the village Domaha, P.S. Nirmali, district-Supaul the informant and other family members were sleeping in her house. The husband of the victim, namely, Sriprasad Sada had gone to Punjab to earn livelihood. At about 12.00 O'clock in the night on some sound the informant awoke and found the appellant along with co-accused Maheshwar Sada, Mandhak Sada and one unknown person dragging her daughter-in-law Ramiya Devi from the house. The victim tried to resist by h...
Tag this Judgment!A.D. Wire Pvt. Ltd. and ors. Vs. the State of Bihar and ors.
Court: Patna
Decided on: Mar-02-2000
Sudhir Kumar Katriar, J. 1. This Writ Petition has been preferred with the prayer to issue an appropriate writ or order or direction, commanding the Bihar State Financial Corporation (hereinafter referred to as 'the corporation'), to release the balance of the amount as per the agreement, for a direction to the Bihar Government to release a sum of Rs. 4.27 lacs by way of capital subsidy, and also for a direction to the North Bihar Industrial Area Development Authority, Muzaffarpur (hereinafter referred to as 'the Authority'), to release a sum of Rs. 1,12,500/- by way of seed money and for consequential reliefs. It is also prayed to issue an appropriate direction to the State Bank of India (hereinafter referred to as 'the Bank'), to release the amount of working capital. 2. The petitioner is a Private Limited Company and applied to the corporation for term loan. The corporation sanctioned a sum of Rs. 26.80 lacs on 24-3-1988, out of which a sum of Rs. 3.52 lacs was disbursedon 23-3-19...
Tag this Judgment!Nawal Kishore Dube and ors. Vs. State of Bihar and ors.
Court: Patna
Decided on: Mar-02-2000
R.N. Prasad, J.1. The writ petition has been filed for restraining respondent Nos. 5 to 8 permanently from interfering with the possession of the petitioners over the disputed land, for quashing the conditions mentioned in the bail order, Annexure-7, and also for direction to produce and quash the order dated 20.8.1986 passed in Misc. Case No. 164/76-77 and also to disclose as to whether Misc., Case No. 205/80-81 initiated at the instance of the petitioners under Section 22(1) of the Bihar Land Reforms (Fixation of Ceiling Area and acquisition of surplus land) Act (hereinafter to he referred as the Ceiling Act) has been disposed of.2. The case of the petitioners is that one Gulam Fazle Rahman was owner of C.S. Plot No. 739, khata No. 484, area 2.13 acres. Sukar Turi, Budhu, Thaclu and Bania were shikmidars of the aforesaid laudGuiana Fazle Rahman was coming in possession through the aforesaid shikmidars. During Revisional Survey the shikmidars sold their shikmi right over 1.17 acres o...
Tag this Judgment!Kailash Choudhary @ Kailash Pd. Choudhary Vs. State of Bihar and anr.
Court: Patna
Decided on: Mar-02-2000
Anil Kumar Sinha, J.1. This application under Section 482, Cr.P.C. has been preferred against the order dated 21.7.98 passed by the IInd Additional Sessions Judge, Dhanbad, in Criminal Revision No. 79 of 1997 under Section 145, Cr.P.C. whereby and whereunder he set aside the order passed by the Sub-Divisional Magistrate Dhanbad, in M.P. Case No. 687/93 and remitted the matter to him for providing opportunity to the parties to the proceeding to prove the documents already filed by them and decide the matter in accordance with law.2. The relevant facts concerning this application are that on 6.4.93 the opposite party No. 2 filed a petition under Section 145, Cr.P.C. before the Sub-divisional Magistrate, Dhanbad, with a prayer to initiate the proceeding under Section 145, Cr.P.C. in respect of a piece of land the details of which was given in the petition. It was alleged that the. petitioner along with some others persons tried to disturb the peaceful possession of the opposite party No....
Tag this Judgment!Hotel Mayur (P) Ltd. Vs. State of Bihar and ors.
Court: Patna
Decided on: Mar-02-2000
Sudhir Kumar Katriar, J. 1. This writ petition is directed against the order bearing letter No. 281 dated 8-5-1997 (Anriexure 21), of the Board of Directors. Bihar State Financial Corporation (respondents Nos. 2 to 7), whereby application of the petitioner company for one-time Settlement ('OTS' for short), has beenrejected, and for the further direction to restrain the respondents from taking any coercive step including taking possession of Hotel Mayur situate on Frazer Road, Patna, or in any manner giving effect to the impugned order dated 8-5-1997. 2. The petitioner company had initially started its business as a partnership firm. The firm constructed a building on the land given on lease by respondent No. 19, situate on Frazer Road, in the township of Patna; The petitioner company is engaged in the business of hotel and restaurant set up in the said building, and portion of which has been let out on commercial basis. The firm had applied for financial accommodation with responde...
Tag this Judgment!Bank of Madura Ltd. Vs. Union of India (Uoi) and ors.
Court: Patna
Decided on: Mar-01-2000
Aftab Alam, J. 1. This writ petition, filed on behalf of the management of a non-Nationalised Bank seeks to challenge an award, dated June 17, 1998 given by the Presiding Officer of the Central Government Industrial Tribunal (No. 2) at Dhanbad in Reference No. 26 of 1994. The terms of the reference made under Section 10(1)(d) of the Industrial Disputes Act, 1947 are reproduced below: 'Whether the demand of Bank of Madura Employees Union, Patna for regularising Shri Anand Kishore Naugarhiya in the post of Special Assistant is justified. If so to what relief the workman is entitled?'2. Some of the material facts of the case which are not in dispute may be stated as follows. The Patna branch of the Bank, which is its only branch in this State, was established on September 23, 1976. A certain Anand Kishore Naugarhiya, the workman concerned in the reference, was appointed as a Probationer Clerk by order, dated September 20, 1978 and he joined at the Patna branch of the Bank on September 28...
Tag this Judgment!Kavita Pigments and Chemical (P) Ltd. and ors. Vs. Allahabad Bank and ...
Court: Patna
Decided on: Mar-01-2000
1. M/s. Kavita Pigments and Chemical (P) Ltd., Bokaro is a debtor. It has over shot its cash credit limit. Simply, it is running an overdraft with its Bank, the Allahabad Bank, Bokaro Steel City Branch, Bihar. 2. In the writ petition, no details have been given as to how much and when the petitioners as a customer borrowed from the Bank and details of the transactions. The amount was not a loan against a security. The amount, which the petitioners have to repay to the Bank, is shown in the records of the Bank as borrowings made against a cash credit account. While the petitioners ran an overdraft a stage came when the Bank would not permit any further borrowings by withdrawals. The Bank made a request to the petitioners to fortify the overdraft by securities. The petitioner did not regularise the position. 3. The state of the record lay thus : The petitioners ran an overdraft but declined to respond to the request of the Bank to furnish securities. The petitioners were loosing the...
Tag this Judgment!Ramdeo Singh Vs. State of Bihar and ors.
Court: Patna
Decided on: Mar-01-2000
S.K. Katriar, J. 1. Heard learned counsel for the parties. 2. The petitioner is a civil contractor, and was issued cheque dated 8-3-1999, for Rs. 77211.00 (Annexure-1), on the Bhagalpur Treasury, for the works done by him for the State Government. The cheque was issued by respondent No. 2 (Executive Engineer, Building Construction and Housing Department, Housing Division, Bhagalpur). The petitioner; had presented the said cheque dated 8-3-1999 before respondent No. 3 (the Treasury Officer, Bhagalpur), on the same date who endorsed it for payment, but recorded 13-2-1999 as the date of his signature. The petitioner had thereafter handed over the said cheque to his Bankers for collection which raised objection about its collection on the ground that the endorsement of the Treasury Officer is of a date one month prior to the date of the cheque. Thereafter the petitioner has been running from pillar to post for revalidation of the cheque and payment, to his failure and utter harassment. H...
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