Patna Court March 2001 Judgments
Krishna Prasad Vs. Kamal Naiyan @ Kanchan
Court: Patna
Decided on: Mar-23-2001
S.N. Pathak, J.1. This Misc. Appeal is directed against the order of award passed by Sri Anwar Ahmad, Motor Accident Claims Tribunal, Nawadah, dated 14th September, 1993, The defendant-opposite party of that Claim Case No. 2/88/2/99 is appellant here.2. The case of the applicant-respondent was that on 11th November, 1987, at 6.00 p.m. he was going to the market for purchasing vegetable. He was accompanied by his cousin A.W. 1. When he reached near Karmbir Press in Bijay Bazar, Nawadah, the appellant O.P. Krishna Prasad Excise Inspector of Hasua riding Motor-Cycle bearing Regd. No. BP 1-5704, knocked him down as a result of which he sustained fracture of his right leg. He was carried to the Hospital by Sant Kumar, his cousin where his fardbeyan was taken by the Police Officer and subsequently a case was registered in this connection for offence under Sections 279, 337 and 338 of the I.P.C. He remained confined in the Hospital for several months and even after recovery, he failed to get...
Tag this Judgment!Md. Gulam Rasool and anr. Vs. State of Bihar and ors.
Court: Patna
Decided on: Mar-22-2001
1. No aspect of the issues in the present petition brought to the High Court as a Public Interest Litigation (PIL) is different from an earlier petition filed by the same petitioners, Md. Gulam Rasool and Md. Shafique. The earlier petition being C.W.J.C. No. 7518/98 was also brought as a PIL. On the earlier petition notice had been issued, Thus, whatever order was passed by the High Court rested on what had been contended in the writ petition. The observation of the Court in its order dated 15th September, 1998 was to the effect that, should the petitioner be advised, they may approach the district administration, Apparently, a situation was conveyed to the Court as if the district administration was lacking fn its effort to control a law and order situation. Thus, the Court observed that it hoped and trusted that the district administration considering the gravity of the situation, as alleged, would take immediate steps for doing the needful in maintaining law and order. The petitio...
Tag this Judgment!Smt. Pawan Rekha Devi Vs. Kesho Yadav
Court: Patna
Decided on: Mar-22-2001
S.N. Pathak, J.1. This appeal is directed against the judgment of the first appellate Court passed by Sri Narayan Gupta, Additional District Judge-VI, Munger in Title Appeal No. 24 of 1982. The plaintiff of Title Mortgage Suit No. 51 of 1979 is the appellant here.2. The relevant facts, in brief, are that the appellant had filed the aforesaid title suit seeking foreclosure of the mortgage-deed dated 6th February, 1974. The case of the plaintiff-appellant was that the defendant of the suit (respondent) had taken a loan of Rs. 5,000/- and a mortgage with conditional sale was executed on 6th February, 1974. It was stipulated in the mortgage-deed that in default of payment of mortgage money by 30 Baishakh 1385 Fasli, the defendant respondent failed to pay back the loan amount by the stipulated date, and, hence, the suit was filed for foreclosure. The case of the defendant-respondent was that there were business transactions between the plaintiff and the defendant and an amount of Rs. 500/-...
Tag this Judgment!State of Bihar Vs. Bodh Narayan Sao and ors.
Court: Patna
Decided on: Mar-22-2001
S.N. Pathak, J.1. This appeal is directed against the judgment dated 14th August, 1975 and decree dated 26th August, 1975 passed by Sri Aditya Narayan Chaturvedi, Additional Subordinate Judge III, Jehanabad (Gaya). The State of Bihar is the appellant in this appeal.2. The relevant facts are that Bodh Narayan Sao, plaintiff-respondent No. 1 filed money suit No 22/1 of 1969/74 claiming compensation for the loss of wheat, weighing 116 quintals 8 kg. as also for damages for his malicious prosecution as also for damages on account of loss of his prestige in public estimation and damage to his business. Admittedly, the plaintiff-respondent No. 1 was a whole sale dealer in foodgrains and other articles and on 2nd August, 1967, the defendant Nos. 2 and 3 Shiv Pujan Singh and Digambar Jha, Anchal Adhikari and the Supply Inspector inspected his business premises and seized 116 quintals of wheat upon the allegations that the respondent No. 1 had mixed foreign wheat with indigenous wheat and was ...
Tag this Judgment!Mohd. Gulam Rasool and ors. Vs. State of Bihar and ors.
Court: Patna
Decided on: Mar-22-2001
Ravi S. Dhavan, C.J.1. No aspect of the issues raised in the present petition brought to the High Court as a Public Interest Litigation (PIL) is different from an earlier petitioner filed by the same petitioners, Md. Gulam Rasool and Md. Shafique. The earlier petition being C.W.J.C. No. 7581/98 was also brought as a PIL. On the earlier petition, notice had been issued. Thus, whatever order was passed by the High Court rested on what had been contended in the writ petition. The observation of the Court in its order dated 15th September, 1998 was to the effect that, should the petitioners be advised, they may approach the District administration. Apparently, a situation was conveyed to the Court as if the District administration was lacking in its effort to control a law and order situation. Thus, the Court observed that it hoped and trusted that the District administration considering the gravity of the situation, as alleged, would take immediate steps for doing the needful in maintain...
Tag this Judgment!Maha Maya Devi and ors. Vs. Kushum Devi and ors.
Court: Patna
Decided on: Mar-21-2001
S.N. Pathak, J.1. This second appeal has been filed seeking reversal of the judgment and decree passed by Sri Bhavesh Kumar Derhgawen, 2nd Additional District Judge, Monghyr in Title Appeal No. 20 of 1976 whereby he had confirmed the judgment and decree passed by Sri Ram Kishore Singh, Additional Sub-Judge, Jamui in Title Suit No. 12-4 of 1965/76. The defendants first set of the title suit No. 12/4 of 1965/76 are the appellants here and they were the appellants before the first appellate Court also.2. The case of the plaintiff-respondents of the lower Court was that the lands of Khata No. 371 having an area of 12 acres 75 decimals and land of Khata No. 219 having an area of 1 acre 85 decimals was acquired by the joint family of the plaintiffs and some of the defendants. It was the further case of the main plaintiff-respondents. It was the further case of the main plaintiff-respondents that Debi Lal, Jibu Lal and Gajadhar Lal, were the three brothers who owned and possessed the joint f...
Tag this Judgment!Raghunandan Biswas Vs. Dhanlal Panjiyar and ors.
Court: Patna
Decided on: Mar-21-2001
S.N. Pathak, J.1. This second appeal has been preferred against the judgment and decree dated 30th May, 1996 passed by Sri K.B. Verma, 5th Additional District Judge, Purnea in Title Appeal No. 9 of 1984 whereby the appellate Court confirmed the judgment and decree dated 11th February, 1984 passed by sub-ordinate Judge, Araria in Title Suit No. 229 of 1960. The defendant No. 1 of that suit is the appellant here.2. The case of the plaintiff respondents in the lower Court was that some of the suit lands, as described in the Schedule of the plaint, were acquired by their ancestor Arjilal Panjiyar in the year 1997 by a registered sale-deed. After the death of the original purchaser, his heirs (plaintiffs) came in possession of the suit land and remained in possession. However, during the course of revisional survey, final Khatiyan was prepared in the name of ancestor of defendants, namely, Arjilal Biswas. This cast a cloud on the title of the plaintiff and hence, they filed a suit for decl...
Tag this Judgment!Chhotoo Prasad Sinha and anr. Vs. State of Bihar and ors.
Court: Patna
Decided on: Mar-21-2001
Shiva Kirti Singh, J.1. This writ application has been filed by two petitioners, who claimed to belong to the Joint Cadre of Assistants of the Secretariat and the Attached Offices. Their grievance is against orders/letters, contained in Annexures 1, 2, 3 & 4 to the writ application.2. A perusal of the aforesaid annexures shows that petitioners, who were earlier posted in the Co-operative Department, Government of Bihar, were suspected to be involved in defalcation/misuse of huge fund in the matter of fraudulent purchase of items in the Co-operative Department. In such circumstances, by Annexure-1, the Secretary, Co-operative Department, requested the Inspector-General, Investigation Bureau, Cabinet (Vigilance Department) to inquire into assets of six employees including both these petitioners. Annexure-2 is another letter of the Secretary, Cooperative Department to the Inspector-General, Home Special (Prisons) Department requesting him to obtain from petitioner No. 1, who was then pos...
Tag this Judgment!Sohan Kumar Binjrajke Vs. the State of Bihar and ors.
Court: Patna
Decided on: Mar-20-2001
P.K. Deb, J. 1. This writ petition has been filed by the above named petitioner for issuance of appropriate writ for quashing the entire criminal case of Raxaul P-S. Case No. 05/2000 under Section 414, I.P.C. and 7 of the Essential Commodities Act instituted by respondent No. 6, Naresh Sahay against the petitioner and others on the ground that 700 Tins and Jars of Vanaspati were loaded on Truck bearing registration No. WB-03A/ 2239 which were seized by respondent No. 6 and referred the matter to the Collector, East Champaran, Motihari for initiation of confiscation proceeding under Section 7 of the Essential Commodities Act. A Supply Case No. 4/2000 was initiated in the Collectorate of District Magistrate, East Champaran, Motihari. An F.I.R. was also lodged on the basis of the so called statement, of the Driver being Raxaul P. S. Case No. 5/2000.2. The allegation was that Vanaspati Ghee (Dalda) loaded in the truck was having no valid papers and export permission although it was stated...
Tag this Judgment!Kamta Prasad Pandey and ors. Vs. State of Bihar and ors.
Court: Patna
Decided on: Mar-19-2001
Aftab Alam, J.1. The three petitioners hold the substantive posts of Sub-Inspector in the Department of Police but at the material time, they were on deputation in the Transport Department working as Enforcement Sub-Inspectors. By order dated 6-1-2001 issued by the Transport Commissioner, the three petitioners have been put under suspension w.e.f. 31-10-2000, the date on which they were taken into custody in connection with a police case in which they were accused of offences punishable under Sections 7/13(ii) of the Prevention of Corruption Act. By that order, their services have also been handed back to their parent department, namely, the Home (Police) Department, Bihar. This writ petition has been filed challenging the order in-so-far as it puts the petitioners under suspension.2. The three petitioners are accused in Lalpur P.S. Case No. 122/2000 instituted inter alia under Sections 7/13(ii) of the Prevention of Corruption Act. According to the prosecution case on 30-10-2000 some ...
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