Patna Court April 2000 Judgments
Bhagwan Singh and ors. Vs. A. Sanjivi and ors.
Court: Patna
Decided on: Apr-06-2000
Prasun Kumar Deb, J.1. This Civil revision petition has been preferred against the order dated 18.12.1999 passed by Sri B.K. Choudhary. Subordinate Judge-I, Jamshedpur, in Title Suit No. 74 of 1996 whereby and whereunder the prayer made by the petitioners for intervention in the suit as contemplated under Order Rule 10(2) of the Code of Civil Procedure has been rejected.2. The petitioner's contention is that they were party in the proceeding under Section 90 of the Chotanagpur Tenancy Act, 1968 (the Act) before the Settlement Officer in Case No. 78 of 1995-96 raising their claim over the suit property. The plaintiff-opposite party No. 1 had initiated the above proceeding. The rejection of the prayer of settlement of the plaintiff is a cause of action for the present suit. The petitioners had not been made party although they had claimed over the suit property as per the cause of action being shown in the suit itself. The learned Court below by scrappy order has rejected the prayer on ...
Tag this Judgment!Baldhari Ohdar Vs. State of Bihar
Court: Patna
Decided on: Apr-06-2000
1. This appeal, at the behest of the sole appellant Baldhari Ohdar is directed against the judgment and order dated 23-5-98 in S.T.No. 280/96 passed by Sri Tarkeshwar Prasad, the then Sessions Judge, Gumla whereby and whereunder the appellant has been convicted under Section 376, IPC and sentenced to undergo RI for ten years.2. The case came to be instituted and investigated on the basis of a Complaint Petition No. C. 135/96 (Ext. 1/1) filed by Asthami Kumari, the prosecutrix (P.W. 1) in the Court of C.J.M., Gumla on 23-8-1996.Briefly stated, the prosecution case is as under :In the month of February 1996, on Wednesday, at about 8 p.m. the prosecutrix was returning alone after witnessing dance-song programme in her busti at village Ramdih, within P.S. Basia, District Gumla, when the sole accused-appellant, her co-villager, way-laid and over-powered her and took her to a solitary place and sexually assaulted her against her will. She wanted to raise alarm but she desisted when he gave ...
Tag this Judgment!Gopal Krishan Saran and Etc. Vs. the State of Bihar and ors.
Court: Patna
Decided on: Apr-05-2000
Prasun Kumar Deb, J.1. Both these writ petitions have been heard together as they relate to the same criminal case in which both the petitioners have been entangled.2. Originally both the writ petitions had been filed for quashing the entire proceedings arising out of First Information Report lodged in Mufassil Thana (Chaibasa) P.S. Case No. 14 of 1991 for offences under Section 161 and 120B of the Indian Penal Code and under Section 5(2) of the Prevention of Corruption Act, 1947 which was filed before respondent No. 3, that is, the Officer-in-charge of Chaibasa Mufassil P.S. by respondent No. 2 Sri Murlidhar Vishwakarma, the then Stenographer to the Deputy Commissioner of Chaibasa. At the time of the writ petitions were filed, the case was pending as Mufassil P.S. Case No. 14 of 1991 before the Special Judge, (P.C. Act) at Ranchi although originally it was pending before the Chief Judicial Magistrate, Chaibasa. Before the Special Judge, the Case was registered as Special Case No. 6 o...
Tag this Judgment!Kaila Bhagat and ors. Vs. State of Bihar
Court: Patna
Decided on: Apr-05-2000
1. This appeal has been preferred against the judgment of conviction and sentence dated 10.1.1991 passed by the then 1st Additional Sessions Judge, Palamau, in Sessions Trial No. 22 of 1986, whereby and whereunder, the appellants have been convicted under Sections 302/201/34 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life under Sections 302/34 of the Indian Penal Code and also to undergo one year rigorous imprisonment for the offence under Sections 201/34 of the Indian Penal Code, and both the sentences are directed to run concurrently.2. The allegation against the appellants for which they were charged and laced trial is for committing the murder of Ramdeo Bhagat and also for drawning the dead body into the well for screening themselves from legal punishment.3. Balumath P.S. Case No. 52 of 1985 was registered at Balumath police station in the district of Palamau on the basis of a statement recorded in the police station itself given by P.W. 2 Chanko D...
Tag this Judgment!Narayan Prasad Kanodia Vs. State of Bihar and ors.
Court: Patna
Decided on: Apr-05-2000
1. Heard the learned Counsel for the parties.2. On 6.1.2000, after elaborate hearing of the matter, this Court by way of interim measure had given certain directions which are as follows:We are, therefore, passing the following directions today which shall be followed by other directions, The interim directions passed today are:(i) The Government of Bihar is directed to immediately consider the Scheme that may be submitted by MADA for extension of its activity relating to supply of drinking water. Sufficient fund should be made available immediately, and not later than two months from today, to enable MADA to improve the supply of drinking water within the area of its operation.(ii) MADA shall forthwith submit to Dhanbad Municipality the statement showing total amount due from Dhanbad Municipality in respect of supply of drinking water. Dhanbad Municipality shall within one month from the date of supply of such statement pay to MADA the amount due. Any discussion in regard to the corr...
Tag this Judgment!JaIn Plastics and Chemicals Ltd. Vs. the State of Bihar and ors.
Court: Patna
Decided on: Apr-05-2000
Sudhir Kumar Katriar, J. 1. This writ petition has been preferred by the petitioner company to quash the letter dated 10-12-06 (Annexure 11), whereby the option given to the petitioner company to supply the PVC fittings beingthe adjunct and accessories to the main supplies, has been cancelled by the State of Bihar after terminating the agreement inter-parties (Anneuxre 3), and the petitioner has been further informed that the Government has decided to purchase the same through the tender and the extra expense to he incurred over the same shall be recovered from the petitioner. 2. The petitioner is a public limited company registered under the Companies Act, having its registered office at Jain Industrial Complex. Jalgaon, Maharashtra. The Bihar Government published a tender which was published in the daily newspaper on 10-6-93 (Annexure 1), for supply of PVC Pipes and fittings. The petitioner submitted its tender, and its lender was accepted for supply of PVC Pipes and fittings for ...
Tag this Judgment!Baudhu Mahton Vs. Bhagwat Ram and ors.
Court: Patna
Decided on: Apr-04-2000
Ravi Nandan Sahay, J.1. This appeal is by the plaintiff Baudhu Mahton against the concurrent decree of the Court below dismissing the suit for specific performance of contract. The original plaintiff died and this appeal is now being represented by his legal heirs Following are the material facts for disposal of this appeal.2. According to the plaintiffs case, Survey Plot Nos. 5075, 5300 and 5126 each having an area of 0.4 acres situated in village Deepnagar, P.S. Deepnagar, District Nalanda were recorded as Gairmazarua Malik land in the record of rights. In the remarks column names of Bhattu Mehra son of Jittan Mehra and father of defendants No. 1 and 4 were entered. Bhattu Mehra had one full brother namely, Mangar Mehra. There was partition between Bhattu and Mangar according to which plot No. 5075 was divided into two parts and 2 decimals of the said plot from eastern side fell to the share of Mangar Mehra and 2 decimals from western side fell to the share of Bhattu Mehra. After pa...
Tag this Judgment!Satyendra Prasad Singh Vs. State of Bihar
Court: Patna
Decided on: Apr-04-2000
P.K. Sinha, J.1. This application under Section 482 of the Cr.P.C. has been filed by the petitioner Satyendra Prasad Singh praying therein to quash the entire criminal proceeding including order of cognizance recorded by Addl. Chief Judicial Magistrate, Muzaffarpur dated 16.9.1988 against the petitioner, under Section 20 of the Narcotic Drugs and Psychotropic Substance Act, 1985 'the Act' in short) in Custom Case No. 25 of 1987.2. In nutshell, the prosecution case is that on 20.2.1987 some persons on motorcycle were chased by Custom Officials but they fled away leaving behind motorcycle, from search of which three pockets of Nepali Ganja weighing 15 kg. were recovered. It was found that the petitioner was the owner of the motorcycle and was carrying the contraband. The claim of the petitioner is that on 21.2.1987 this petitioner had lodged a case before the Police alleging theft of the aforesaid motorcycle.3. Vide order dated 6.9.1994 learned Addl. Chief Judicial Magistrate, Muzaffarp...
Tag this Judgment!Manik Mukherjee Vs. State of Bihar
Court: Patna
Decided on: Apr-04-2000
Prasun Kumar Deb, J.1. The above-mentioned death reference arises out of the judgment of conviction and sentence of capital punishment awarded by the 1st Additional Sessions Judge, Jamshedpur, in Sessions Trial No. 340/141 of 1998-98. Against the same judgment of conviction and sentence, the above-mentioned criminal appeal has been preferred by the convict appellant-Manik Mukherjee, a local Lawyer of Jamshedpur. The convict Manik Mukherjee stood trial for the charge under Section 302 of the Indian Penal Code along with the co-accused-Ashwani Kumar Panda being charged under Section 115 read with Section 302 of the Indian Penal Code. On trial Manik Mukherjee was found guilty of the charge under Section 302 of the Indian Penal Code for intentionally committing the murder of his wife Swapna Mukherjee, son Jyotirmoy Mukherjee and daughter Indrani Mukherjee alias Rinku and considering the dreadedness and gruesome murder, capital punishment has been awarded as sentence to convict Manik Mukhe...
Tag this Judgment!Jalil Mian Vs. B.C.C.L. and ors.
Court: Patna
Decided on: Apr-04-2000
M.Y. Eqbal, J.1. In this writ application, the petitioner has prayed for quashing the notice dated 19.11.99 issued by the respondent No. 5, the Manager, Industry, Dhansar Colliery, Dhanbad, whereby the petitioner was intimated that he would be retiring from the service of the respondent-company with effect from 12.5.2000 and further prayed for a declaration that the date of birth of the petitioner would be treated as 12.5.1949 instead of 12.5.40.2. The petitioner is at present working as underground Munshi in Industry Colliery, Dhansar. According to him, his date of birth is 12.5.1949, He was appointed in the service of Industry Colliery in 1970 while it was a private colliery. In the service record, the date of birth of the petitioner was shown as 12.5.49. A copy of the alleged service record has been annexed as Annexure-1 to the writ application, It is contended that some interested and scrupulous persons have made cutting/interpolation in the service record of the petitioner and th...
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