Patna Court August 2000 Judgments
Subodh Kotwal and anr. Vs. State of Bihar
Court: Patna
Decided on: Aug-31-2000
M.L. Visa, J.1. This appeal is directed against the judgment and order dated 30.9.93 and 1.10.93, respectively, passed by 1st Additional Sessions Judge, Godda, in Sessions Case No. 165 of 1992/7 of 1992 convicting both the appellants under Sections 302/34 and 304B of the Indian Penal Code (in short, IPC) and sentencing them to imprisonment for life under Sections 302/34 IPC. No separate sentence has been passed under Sections 304B/34 IPC.2. The case of prosecution, in short, is that on 20.6.92 at about 7 AM one Garbhu Raut (not examined) told the informant Arjun Manjhi (P.W. 5) that the members of her Sasural after killing his Bhagini (niece) Phutani Devi had thrown her dead body into a well. The informant then went to Village Devbandha where 'sasural' of Phutani Devi is situate and found the dead body of Phutani Devi in a well. Phutani Devi was married to appellant Subodh Kotwal about four years prior to 20.6.92 and her 'Gauna' had taken place about 7 months prior to it. On 17.6.92, ...
Tag this Judgment!Branch Manager, State Bank of India and Anothers Vs. Md. Hasim UddIn a ...
Court: Bihar State Consumer Disputes Redressal Commission SCDRC Patna
Decided on: Aug-31-2000
A.N. CHATURVEDI, President 1. This appeal is directed against an order dated 24.8.1993 passed by District Forum, Sahebganj in Case No. 9 of 1992 whereby the District Forum has directed the appellants, who were opposite party Nos. 1 and 2 in the complaint case before the District Forum, to adjust Rs. 32,800/- with interest thereon towards the loan advanced to the complainants (respondent Nos. 1, 2 and 3 in this appeal). There is further direction for adjustment of Rs. 10,000.00 awarded as compensation towards the loan advanced to the complainants. 2. It appears that the complainants (respondent Nos. 1, 2 and 3 in this appeal) filed a complaint before the District Forum in July, 1992 alleging therein that they had been sanctioned loan by the State Bank of India, Sahebganj Branch for purchase of tractor, trailer, etc. for agricultural purposes and had deposited in the said Bank Rs. 33,900/- as margin money. The tractor was supplied to them. The said branch of the State Bank of India paid ...
Tag this Judgment!B.T. Hirani Vs. State of Bihar and ors.
Court: Patna
Decided on: Aug-30-2000
1. In all these writ applications since common question of law and facts are involved and similar relief has been claimed, the same are heard together and are being disposed of by this common judgment.2. In all these writ applications filed by M/s. B.T. Hirani, a partnership firm prayer has been made for issuance of an appropriate writ directing the respondents, Central Coalfield Ltd. and its officers to supply quadruplicate portion of treasury challan for the financial years, 1984-85, 1986-87, 1987-88 and 1989-90 to the petitioner as required to be given under the provisions of Bihar Sales Tax Rules, 1983 by which the petitioner deposited the amount of tax which was deducted from the petitioner's running bills under the provisions of Section 25-A of the Bihar Finance Act, 1981 with respect to works contract executed by the petitioner during the aforesaid period. In the alternative, the petitioner has prayed for direction, upon respondents 1 to 6, the Sales Tax authorities to accept t...
Tag this Judgment!Ram Charan Mistry and ors. Vs. Most. Purni and ors.
Court: Patna
Decided on: Aug-30-2000
S.N. Pathak, J.1. This Second Appeal is directed against the judgment dated 20-7-87 passed by 6th Additional District Judge, Bhagalpur, in Title Appeal No. 77/83 confirming the judgment passed by Munsif, 1st, Bhagalpur, in Title Suit No. 43/79. The plaintiffs of the suit are the appellants before this Court.2. The case of the plaintiff-appellants was that there was one Bhukhan Mistry who left behind his two sons Bishun Mistry and Pairu Mistry. Bhukhan Mistry died in the year 1920-21 leaving behind one residential house and some ban' land. In the year 1923, Bishun and Pairu Mistry separated their mess and business and they also partitioned the ancestral land. Bishun Mistry was a skilled carpenter and he shifted to Calcutta where he earned handsome income, out of which he acquired 1.91 acres of land from one Kharju Mistry by registered sale-deed dated 2-3-1945. Thereafter, Bishun Mistry executed two mortgage deeds including the suit land of 46 decimals over khata No. 59, plot No. 166. H...
Tag this Judgment!New India Assurance Co. Ltd. Vs. Savitri Devi and ors.
Court: Patna
Decided on: Aug-30-2000
Anil Kumar Sinha, J.1. The present appeal has been filed against the judgment and award dated 29.8.1992 and 21.9.1992 respectively passed by the 1st Additional Judicial Commissioner-cum-Motor Accidents Claims Tribunal, Ranchi in Compensation Case No. 102 of 1986 whereby the learned Tribunal had awarded a sum of Rs. 1,95,000 as compensation to the claimants-respondents with interest at the rate of 15 per cent per annum on the entire amount from 20.6.1986 till the date of the realisation. The Tribunal also ordered that if the amount is not paid within two months from the date of the order, the claimants shall be entitled to interest at the rate of 18 per cent per annum.2. The relevant facts giving rise to the instant appeal are that on 2.2.1986, the deceased Ramcharitra Singh was going to Itki from Ranchi on TVS 50 bearing the registration No. BPV 7079 and near Bajra Bridge bus bearing registration No. BHH 8283 which was coming from the opposite direction being driven in a rash and negl...
Tag this Judgment!Rajnish Kumar Singh, Etc. Vs. State of Bihar and ors.
Court: Patna
Decided on: Aug-28-2000
M.Y. Eqbal, J.1. Heard earned Counsel for the petitioner and the earned Counsel for the Corporation and the Government Advocate.2. These writ applications in the nature of public interest litigation have been filed seeking appropriate order from this Court directing the C.B.I. to inquire and investigate into the matter regarding fraudulent withdrawal/fraudulent transaction/financial irregularities to the tune of crores of rupees by the officials of the Ranchi Municipal Corporation and also about fraudulent assessment of tax of thousand of holding and mutation of thousand of plots of tribals land falling outside the Municipal area.3. On 17.5.99, this Court directed the Counsel for the C.B.I. to accept notice and file counter-affidavit. The Counsel for the Accountant-General of Bihar was also directed to seek instruction regarding auditing of the accounts of the Ranchi Municipal Corporation and to file necessary counter-affidavit. A counter-affidavit has been filed on behalf of responde...
Tag this Judgment!Bata India Ltd. and ors. Vs. Keshar Prasad Modi and anr.
Court: Patna
Decided on: Aug-28-2000
Gurusharan Sharma, J.1. Title (Eviction) Suit No. 3 of 1996 was filed under Section 14 of the Bihar Buildings (Lease, Rent & Eviction) Control Act, 1982 (hereinafter referred to as the Act. Plaintiffs 1 and 2 were respectively father and son. Eviction of defendants from shop premises, detailed in Schedule A to the plaint was sought on the grounds of expiry of fixed term lease (Ext. 1) and personal necessity. The suit was decreed by impugned judgment/order dated 24.12.1999. It was held that defendants failed to exercise option for renewal within stipulated time and Plaintiffs have reasonable and bonafide requirement of the suit shop. It was found that no suitable vacant site was available to the plaintiffs to start the proposed business and they have choice to select most suitable premises. Partial eviction could not have fulfilled plaintiffs' need. Defendants have, therefore, filed the present Revision application under Section 14 (8) of the Act.2. Mr. Sidheshwari Prasad Singh, Senior...
Tag this Judgment!Bhuneshwar Prasad Chaurasia Alias Bhuneshwar Chaurisia and anr. Vs. St ...
Court: Patna
Decided on: Aug-25-2000
D.P.S. Choudhary, J.1. The appellants have preferred this appeal against the judgment and order dated 21st January, 1998 passed by 2nd Additional Sessions Judge, Nawadah in Session Trial No. 184/216 of 1996 convicting both the appellants, namely, Bhuneshwar Prasad Chaurasia alias Bhuneshwar Chaurasia under Section 304(B) and 201 of the Indian Penal Code (for short 'IPC') and sentenced him to undergo rigorous imprisonment for a term of nine years under Section 304(B), IPC and appellant No. 2 Ram Chandra Chaurasia has been sentenced to undergo rigorous imprisonment for seven years under Section 304(B), IPC. Both the appellants have been further convicted and sentenced to undergo rigorous imprisonment for 1 1/2 years for the offence under Section 201, IPC. Their sentences have been ordered to run concurrently.Eleven (II) accused persons including the two appellants were charged and tried before the trial Court but by the impugned judgment and order, remaining nine accused persons, have b...
Tag this Judgment!Asad Mian @ Akhtar Azad Mian and ors. Vs. State of Bihar
Court: Patna
Decided on: Aug-24-2000
Indu Prabha Singh, J.1. All the six appellants have been convicted under Sections 395/397 of the Indian Penal Code and sentenced to undergo R.I. for eight years and also to pay a fine of Rs. 100/- each in default to further undergo R.I. for a period of one month. The appellant Nizamuddin Mian has also been convicted under Section 412 of the Indian Penal Code. No separate sentence has been passed under Sections 395 and 412 of the Indian Penal Code.2. The prosecution case in brief is that on 7.1.1993 at 7 p.m. the informant (P.W. 9) Bhikhari Naik along with Khalasi Hassan Mian were returning from Kedar Market after unloading the rice from truck bearing registration No. BR20G-2005. It has been stated that when the truck, driven by the informant, reached near Barkatha Chatti at G.T. Road 1/2 k.m. ahead from Barkatha P.S. one person in the guise of a Chaukidar uniform stopped the truck. Thereafter, he along with 6-7 decoits boarded in the cabin of the truck forcefully. The decoits in Chauk...
Tag this Judgment!Prabhakar Jha and ors. Vs. the State of Bihar and ors.
Court: Patna
Decided on: Aug-24-2000
Sanat Kumar Chattopadhyaya, J.1. Invoking jurisdiction of the Court under Section 482 of the Code of Criminal Procedure (hereinafter referred to as 'the Code') the petitioners have moved this Court impugning the order taking cognizance dated 27-1-94 under Sections 307, 149, 380, 436, 120B, 149, 148 and 147 of the Indian Penal Code.2. It appears from the record that earlier by order dated 12-10-1999 this Court allowed the application by quashing the impugned order. Opposite party No. 2, the informant, moved the Hon'ble Supreme Court in SLP Cri. No. 4022 of 1999 and the Supreme Court by its order dated 6-3-2000, while reversing the order of this Court directed to reconsider the application for quashing. By an Administrative order of the Hon'ble the Chief Justice the matter has been placed before me for fresh consideration.3. The learned counsel for the parties have placed before me the paper book filed before the Supreme Court for perusal of the English version of the FIR lodged by oppo...
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