Patna Court September 2000 Judgments
Bihar State Financial Corporation and ors. Vs. Swad Pharmaceuticals Pv ...
Court: Patna
Decided on: Sep-14-2000
Nagendra Rai, J.1. This appeal is directed against the judgment dated 17.8.1999, passed by a learned Single Judge of this Court in C.W.J.C. No. 171 of 1994, by which he has allowed the writ application filed by Respondent No. 1 and has quashed the notice dated 20.12.1993 (Annexure 15 in the writ application), whereby the appellant-Bihar State Financial Corporation (hereinafter referred to as 'the Corporation') took action under Sections 30 and 29 of the State Financial Corporation Act (hereinafter referred to as 'the Act') and directed the Corporation to release the remaining amount as per the agreement and also to make attempt to make the unit viable and put it in workable condition by discharging statutory duty provided under Section 24 of the Act and recover the loan amount and the interest accrued thereon by fixing instalment so that the unit comes into production and survives. The learned Single Judge also directed the Industries Department to release the amount of subsidy as san...
Tag this Judgment!Sukhdeo Bhuiyan Vs. State of Bihar
Court: Patna
Decided on: Sep-13-2000
Ashok Kumar Verma, J.1. The sole appellant Sukhdeo Bhuiyan has preferred this appeal against the judgment and order of conviction and sentence dated 26.4.1995 passed in ST. No. 13 of 1992 by the Sessions Judge, Hazaribagh whereby learned Sessions Judge has convicted the accused-appellant under Sections 376 and 379 of the Indian Penal Code and sentenced him to undergo R.I. for seven years under Sections 376 of the Indian Penal Code and R.I. for one year under Section 379 of the Indian Penal Code. The sentences are to run concurrently.2. In short, the case of the prosecution is that on 17.7.91 the informant Kapur Devi, wife of Dina Mahto had gone to South West of the village Bonga to put her cattle there. When she was returning from there at about 1.30 to 2.00 p.m. and passing through a maize field, accused Sukhdeo Bhuiyan alias Bhairo Bhuiyan asked her to stop there. But, she did not stop on which accused Sukhdeo Bhuiyan caught her hand and thrashed her on the ground in the maize field...
Tag this Judgment!Subhash Kumar Agarwal Vs. State of Bihar and ors.
Court: Patna
Decided on: Sep-13-2000
Deoki Nandan Prasad, J.1. This application under Section 482, Cr.P.C. has been filed for quashing of the entire criminal prosecution in connection with Jharia PS Case No. 286 of 1998 registered under Section 7 of the Essential Commodities Act.2. The short facts giving rise to this application is that one Rakesh Verma, Supply Inspector, Jharia inspected the shop of the petitioner on 29-8-1999 at about 12 noon and found the following irregularities :(i) No Board was found displayed;(ii) 660 Kg and 22 tins having 330 litres edible oil including Vanaspati were found stored; and(iii) ten quintals of sugar also found stored;For the aforesaid articles, neither the licence nor the purchase vouchers were shown by the petitioner. Accordingly, the FIR was lodged.3. The learned counsel appearing on behalf of the petitioner submitted that the petitioner is a Retail licensee in foodgrains and edible oil having licence No. 17/JPA/90 and the renewal fee in respect thereof for the year 1999 has alread...
Tag this Judgment!Brajendra Yadav Vs. State of Bihar and ors.
Court: Patna
Decided on: Sep-13-2000
Sudhir Kumar Katriar, J.1. Heard Mr. K.N. Diwakar for the petitioner, Mr. V.N. Sinha, earned Counsel for respondent Nos. 2 and 3 (Zila Parishad, Madhepura), and Mr. Chandeshwar Jha, earned Counsel for respondent Nos. 4 and 5 (Zila Parishad, Saharsa).2. This writ petition has been preferred for an appropriate direction to respondent Nos. 2 and 3 to pay to the petitioner the salary for the period July 1996 to July 1998, and also seeks quashing of the impugned order bearing memo No. 34, dated 16.1.99 (Annexure 7), whereby it has been held that the petitioner shall be deemed to have retired from the services of respondent No. 2 with effect from 31.12.1994, and he has been called upon to refund the salary overdrawn by him for the period January 1995 to June 1996, for the reason that the petitioner has interpolated in the service records initially maintained by respondent Nos. 4 and 5, and thereafter by respondent Nos. 2 and 4.3. According to the petitioner, he had joined the services of re...
Tag this Judgment!Aditya Sahu Vs. the State of Bihar
Court: Patna
Decided on: Sep-12-2000
Ashok Kumar Verma, J.1. The sole appellants Aditya Sahu has preferred this appeal against the judgment and order of conviction and sentence dated 24.3.1995 and 25.3.1995 respectively passed in Sessions Trial No. 508/90, whereby the 3rd Additional Judicial Commissioner, Ranchi had convicted him under Sections 354 and 323, I.P.C. and sentenced him to undergo R.I. for two years under Section 354 I.P.C. and to undergo R.I. for one year under Section 323, I.P.C. The sentences are to run concurrently.2. In short, the case of the prosecution Is that on 8.11.88 at about 8 a.m. the informant, Roza Kumari, daughter of Ganpat Uraon, was going towards the field of Ram Kishun Sao of village Sakra. When she reached near Patra Tanr accused Aditya Sahu caught her hand and when the informant tried to release herself he thrashed her on the ground and shut her mouth by his left hand and raised her Sari by his right hand and committed rape on her. After some time the informant raised hulls on which the a...
Tag this Judgment!Narayan Chandra Mukherjee and ors. Vs. State of Bihar and anr.
Court: Patna
Decided on: Sep-12-2000
Anil Kumar Sinha, J.1. Both these applications were heard together as both the cases arise out of the common facts and common relief, inasmuch as, in both the cases, it has been prayed that the entire criminal proceedings including the order of cognizance taken in Complaint case No. 141/99 (T.R. No. 839/99) pending in the Court of Sri K.K. Singh, Judicial Magistrate, Jamshedpur, may be quashed.2. In both the cases, the facts are almost similar. The petitioners' case, in short, is that the complainant (opposite party No. 2) filed a complaint-petition in the Court of the Chief Judicial Magistrate, Jamshedpur, on 8.3.1999 against the petitioners which was transferred to the file of Sri K.K. Singh, Judicial Magistrate, Jamshedpur, under Section 192(2) Cr.P.C. for disposal and the learned Magistrate recorded the statement of the complainant as well as the statement of sole witnesses, namely, B.R. Chakraborty and took cognizance in the case under Sections 408, 418 and 120B of the Indian Pen...
Tag this Judgment!Prof. Jagannath Poddar Vs. Prabhu Dayal Satyanarayan and ors.
Court: Patna
Decided on: Sep-11-2000
Anil Kumar Sinha, J.1. Heard the learned Counsel for both the sides.2. The instant revision application has been directed against the order dated 2.5.2000, whereby the learned Munsif atChaibasa, stated the further proceedings in Title Eviction suit No. 8 of 1997 till the disposal of F.A. No. 57 of 1997 (R), pending before this Court under Section 151 read with Section 10 of the Code of Civil Procedure.3. The admitted facts are that the Title Suit No. 39 of 1982 was filed by the opposite party against Prof. Jagannath Poddar for specific performance of contract, which was partly decreed in his favour by the Sub-Judge, against which F.A. No. 57 of 1997 (R) was referred and the same is pending before this Court. The petitioner filed Title Eviction Suit No. 8 of 1997 for eviction of the opposite parties. A prayer was made on behalf of the defendant-opposite parties in the said Title Eviction suit that the proceedings in the suit may be stayed till the disposal of the F.A. No. 57 of 1997 (R...
Tag this Judgment!Ram Laxman Glass (P) Ltd. and ors. Vs. State of Bihar and ors.
Court: Patna
Decided on: Sep-11-2000
1. This appeal is directed against the judgment dated 17.2.2000 passed by a learned Single Judge of this Court in C.W.J.C. No. 1248 of 2000 dismissing the writ application filed by the appellant against the order dated 19.1.2000 passed by the Presiding Officer of the Debts Recovery Tribunal, Patna (hereinafter referred to as 'the Tribunal'), constituted under the Recovery of Debts Due to the Bank and Financial Institutions Act, 1993 (hereinafter referred to as 'the Act') rejecting the application of the appellant for setting aside the ex parte order dated 2.2.1999 decreeing the claim of respondent-Bank passed by it in Case No. 32 of 1998 as well as for a direction to issue a certificate under Section 19(7) of the Act for execution of the aforesaid order against the appellants.2. In the writ application, the appellants have also prayed that Money Suit No. 21 of 1994 and Misc. Case No. 1 of 1996, which were pending before the Subordinate Judge prior to the transfer before the Tribunal, ...
Tag this Judgment!Konda Alias Munna Nishad and ors. Vs. State of Bihar
Court: Patna
Decided on: Sep-11-2000
Ashok Kumar Verma, J.1. The appellants have preferred this appeal against the judgment and order dated 2-12-1994 passed in Sessions Trial No. 181 of 1991 by the Sessions Judge, Singhbhum West at Chaibasa, whereby the learned Sessions Judge has convicted all the three accused-appellants under Section 376, I.P.C. and sentenced them to undergo R.I. for seven years each. He has also convicted accused-Jagannath Nishad under Section 379, I.P.C. and sentenced him to undergo R.I. for one year. The sentences are to run concurrently.2. In short the case of the prosecution is that the informant Jambi Bugiuli, daughter of Birke Buriuli along with her friend Pitnu Kumkal had gone to sell Haria wine on 13-9-1990 to Tatnagar Hat. After selling Haria wine both of them were returning back to their home. The informant had sold Haria worth Rs. 60/- and she had also Rs. 30/- in addition to it which she had taken from home for purchasing cloth, and so she was having Rs. 70/- with her. While returning they...
Tag this Judgment!Akchhay Kumar Singh @ Akhchhai Kumar Yadav Vs. State of Bihar and anr.
Court: Patna
Decided on: Sep-11-2000
Someshvar Nath Pathak, J.1. This quashing application has been filed seeking quashing of the order of cognizance dated 05.09.1994 in Piro P.S. Case No. 83 of 1992 arising out of complaint filed by Rabindra Binder Singh Yadav, Opposite party No. 2 of this application.2. Petitioner's lawyer submitted that there was also a counter-version of the occurrence in which cognizance was taken and after due trial, Opposite party No. 2 and others were convicted so the complaint filed by Opposite Party No. 2 was an afterthought making wild and baseless allegations and, moreover, there was earlier investigation by the police which ended in final report and subsequently, there was protest and there was inquiry under Section 202, Cr.P.C. on the basis of which cognizance was taken and the impugned order was passed. As already there was an order of conviction so the case filed by the petitioner was, perhaps, genuine and the case filed by Opposite party No. 2 was frivolous and malicious, hence, the cogn...
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