Patna Court May 2000 Judgments
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Harendra Tantu Bai and ors. Vs. State of Bihar
Court: Patna
Decided on: May-04-2000
Narayan Roy and S.N. Pathak, JJ.1. We have heard learned Counsel for the parties.2. The appellants have been convicted under Section 302/34 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life.3. The prosecution case, as disclosed in the fardbeyan of P.W. 3 Khandu Tantu Bai, is that on 1.8.1988 at about Section 10 p.m. while she was in her house, she heard cry of his deceased son Rasu Tantubai 'Bachao Bachao' and on this, she accompanied by her husband Purno Tantubai and another son namely, Haru Tantubai went outside the house in search of her son and when she had gone to a distance, she found her son deceased Rasu Tantubai fleeing away and he was being chased by the appellants and other accused-persons and when he had gone up to 25 yards, he fell down on the village road and on that Chuna Ram Mahuli, Chowkidar cried 'Maro Sale Ko' and there she saw Harendra Tantu Bai with iron rod (Khanti) and other accused-persons armed with lathi. Harendra Tantubai start...
B.K. Jaiswal and ors. Vs. State of Bihar and ors.
Court: Patna
Decided on: May-04-2000
Ravi S. Dhavan, C.J. and Aftab Alam, J. 1. The four writ petitions in this batch, which are quite identical to each other, seem to have taken a curious course. The writ petitions were filed challenging a certain order issued by the Excise Commissioner, Government of Bihar and praying for certain reliefs. During the pendency of these cases, the order issued by the Excise Commissioner, which was the subject-matter of challenge, was recalled by the State Government but through interlocutory applications filed in each of the four writ petitions the petitioners redirected their challenge to another circular letter issued by the Commissioner-cum-Secretary, Commercial Taxes Department, Government of Bihar. The result was that at the time of hearing these writ petitions were sought to be argued for reliefs quite different from those prayed for in the writ petitions as those were originally filed.2. In each of the four writ petitions the contents of paragraph 1 were identical wherein declarati...
Sardar Balbir Singh Vs. Bihar State Electricity Board
Court: Patna
Decided on: May-04-2000
M.Y. Eqbal, J.1. Heard Mr. Mittal, learned Counsel for the petitioner and Mr. Ajit Kumar, learned Counsel for the Board.2. In this writ application the petitioner seeks appropriate relief in the nature of mandamus commanding upon the respondents to charge the electric bill from the petitioner on the basis of 50 HP and not on the basis of 65 HP in the light of the order of respondent No. 4, vide letter dated 28.11.1991 considering the fact that even after the reduction of the load in the petitioner's premises the respondents had been wrongly preparing the bills on the basis of 65 HP and further prayer has been made for omitting the delayed payment surcharge on the amount claimed by the Board and for refund of the amount after adjustment.3. It has not been disputed that before 1991 there was an agreement between the petitioner and the respondent -Board under which contract demand was 65 HP. It appears that in 1991 the petitioner applied for reduction of load from 65 HP to 50 HP and in r...
Ganesh Sao and anr. Vs. State of Bihar
Court: Patna
Decided on: May-04-2000
D.N. Prasad, J.1. Both the appellants, namely, Ganesh Sao and Sita Ram Sao, Sled this appeal against the judgment of conviction and order of sentence passed by learned 2nd Additional Sessions Judge, Hazaribagh, who convicted the appellants for the offence, under Section 354 of the Indian Penal Code, and sentenced them to undergo rigorous imprisonment for a period of one year each in Sessions trial No. 290/89.2. The case of the prosecution in brief is that one Chakni Devi lodged an First Information Report alleging therein that her husband had gone to his Sasural situated at village Barwadih whereas her mother-in-law and minor daughter were lying on a cot in a room and she was busy in cooking food when both the appellants/accused-persons entered into the house and asked about her husband, on which she told them that he had gone to his Sasural. It is further alleged that that appellant No. 2, Sita Ram Sao, caught hold of the hand of the Informant and got her down and thereafter the appe...
Jeevan Kumar Jayaswal Vs. the New India Assurance Co. Ltd. and ors.
Court: Patna
Decided on: May-03-2000
A.K. Ganguly, J.1. This writ petition has been filed for quashing the order dated 2.9.1992 issued under the signature of the Regional Manager-cum-Competent authority, New India Assurance Company Limited (hereinafter called the said Company. By the said order, the petitioner has been removed from service with effect from the date of the order. Prayer has also been made for quashing the appellate order dated 5.2.1996 by which the order of removal has been affirmed.2. The case of the petitioner is that he was first appointed a Development Officer in the said Company. While so serving as a Development Officer of the said Company, the petitioner was served with a charge-sheet by a letter dated 5.8.1986, The charges on the basis of which the proceeding was initiated against the petitioner are set out below:It has been reported against you that while acting as an Inspector of the Company, you had issued a temporary Fire Insurance Cover Note No. 233024 dated 24.11.82 at Monghyr to cover the f...
Bishwanath Ram Vs. the State of Bihar
Court: Patna
Decided on: May-03-2000
Anil Kumar Sinha, J.1. Heard the learned Counsel for the petitioner and the A.P.P. for the State.2. In the instant application, a prayer has been made to release the petitioner, namely, Bishwanath Ram on bail who is in jail custody in connection with Meral P.S. Case No. 32 of 1998, corresponding to G.R. Case No. 271 of 1998, under Sections 121/121A/122/216 of the Indian Penal Code read with Section 17 of the Criminal Law Amendment Act and is in jail custody since 3.5.1998.3. The admitted position is that the petitioner was arrested in the aforesaid case on 3.5.1998 and the police took up the investigation in the case and submitted charge-sheet against the petitioner under Sections 121/121A/122/124A/384/216 of the Indian Penal Code along with Section 17 of the Criminal Law Amendment Act, on 3.8.1998, i.e. on the 9th date from the date of first remand of the petitioner. The learned Chief Judicial Magistrate, Garhwa, did not take cognizance of the offences on the basis of the charge-shee...
Muneshwar Yadav Vs. State of Bihar
Court: Patna
Decided on: May-02-2000
Anil Kumar Sinha, J.1. This appeal has been directed against the judgment and order of conviction and sentence passed by the 6th Additional Sessions Judge, Camp Court at Chas, in Sessions Trial No. 208/ 85, whereby and whereunder, he convicted the appellant under Section 412, I.P.C. and sentenced him to undergo rigorous imprisonment for a period of 6 six years.2. The accused-appellant was charged under Section 412, I.P.C. on the ground that four tyres belonging to Devendra Singh alias Chiku (P.W. 8), which were looted property of the alleged dacoity which took place in his shop, were recovered from his possession, inasmuch, as one tyre was recovered from his possession when he had gone to sell that tyre to Jeetan Choudhary (P.W. 9) and he had disclosed to him as also to P.W. 8 that he is keeping three more tyres in his house and the matter was informed to the police, who came at the shop of Jeetan Choudhary and the tyre brought by the appellant Muneshwar Yadav was produced by Jeetan C...
Dago Hunda Vs. State of Bihar
Court: Patna
Decided on: May-02-2000
Narayan Roy and S.N. Pathak, JJ.1. Heard Counsel for the parties.2. The sole appellant has been convicted under Sections 302 and 324 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life under Section 302, I.P.C. and also to pay a fine of Rs. 3,000/- and for default in payment of fine, he has been directed to undergo rigorous imprisonment for one year. However, no separate sentence has been passed under Section 324 of the Indian Penal Code.3. The prosecution case, briefly stated, is that on 31.10.1989 at about it is hours P.W. 8 Manohar Prasad recorded the fardbeyan of the informant P.W. 5 Mangari Mundain where she stated that at about 5 p.m. on 30th October, 1989 while she was in her house, her mother was engaged in some work in the western lane (Gali) with her younger brother Samu Mundain in her lap arm. She heard a cry of her mother and no sooner she went near her mother, she found her mother and her younger brother aged about one year lying on the ground...
Nandlal Lakhotia Vs. State of Bihar and ors.
Court: Patna
Decided on: May-01-2000
S.K. Chattopadhyaya, J.1. The order taking cognizance and issuance of process dated 21-4-1999 has been impugned by the petitioner in this application under Section 482 of the Code of Criminal Procedure.2. One Dhiraj Lal D. Mehta, one of the partners of Bharat Tractor House filed a complaint in the Court of the Chief Judicial Magistrate, Patna alleging, inter alia that being a working partner of trie firm the petitioner has committed criminal breach of trust by dishonestly preparing false stock position and thereby misappropriating certain amount of the firm.3. According to the complaint petition, the complainant and the petitioner constituted a firm known as M/s. Bharat Tractor House. The fund was provided by both the partners on the basis of equal share in the profit and loss. Earlier agreement dated 15-8-1974 executed by the partners of the firm was modified with consent and a fresh partnership deed was brought in existence on 27-3-1992. As per this agreement of March, 1992 the peti...
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