Patna Court July 2001 Judgments
Taspur Prakhand Matayajivi Swawlambi Sahkari Samti Ltd. Vs. State of B ...
Court: Patna
Decided on: Jul-18-2001
Radha Mohan Prasad, J.1. In this writ petition, the prayer is for dissolution of Rampur Maheshpur Matsyajivi Swawlambi Sahkari Samiti Ltd. (respondent No. 4) in terms of Section 44 of the Bihar Self -upporting Co-operative Societies, 1996.2. The petitioner claims to be a registered Society in accordance with the provisions of Bihar Self-Supporting Co-operative Societies Act, 1996 bearing registration No. BR-060301 F.M. 0498. It is alleged that respondent No. 4, Society, has been registered within the area of operation of the petitioner's Society bearing the same registration number but on a different date, i.e., 21-12-1998 and it has not functioned. According to the learned Counsel for the petitioner, the provision relating to dissolution of such Society is provided under Section 44 of the said Act and the. Registrar or the interested person after giving notice to the proposed application can apply to the Tribunal for an order dissolving such Co-operation Society, as the Tribunal is n...
Tag this Judgment!Nanha Prasad Singh and ors. Vs. the State of Bihar and ors.
Court: Patna
Decided on: Jul-17-2001
Radha Mohan Prasad, J.1. In this writ petition the petitioners have assailed the validity of the order of the Special Officer, Bihar State Religious Trust Board, dated 14-12-1990 (Anmerkure I) whereby and where under the order contained in Letter No, 2325 dated 13-8-1990, contained in Annexure-4, passed by the then Special Officer of the Board has been cancelled.2. In short, the relevant facts are that one Shyam Lal Singh of Vjllage-Lari, RS. Kurtha, District Jahanabad, installed deity of Murli Manohar Jee in 1330 Fasli and subsequently executed a registered deed of endowment dated 3-3-1924 in favour of the said deity of the properties mentioned therein. The dedicator constituted a committee of five persons to look after the affairs and management of its properties. It provided that the management of the trust would be made by unanimous opinion of all the trustees. The trustees were authorised to nominate trustees in case a trustee dies or becomes incapable of managing the affairs. It...
Tag this Judgment!Shankar Paul Vs. State of Bihar
Court: Patna
Decided on: Jul-13-2001
P.N. Yadav, J.1. This appeal is directed against the judgment and order dated 5-9-2000 passed by Sri Madhusudan Singh, Additional Sessions Judge, Kishanganj in Sessions Trial No. 17 of 1999 whereby and whereunder he found and held the appellant guilty and convicted him under Sections 366 and 376 of the Indian Penal Code (hereinafter referred to as the Code) and sentence him to undergo rigorous imprisonment for five years under the first count and to undergo rigorous imprisonment for seven years under the second count.2. It would be relevant and convenient to reproduce in brief the facts of the case. The victim Jhunna Das, a minor girl (P.W. 8) lived with her parents at Purani Khagra, Kishanganj. She was a student of Class X at Kanya Madhya Vidyalaya, Dumaria, Kishanganj. At about 6 a.m. on 4-6-1998 she left her house for the school. She did not return her home till late evening. The members of her family then got anxious and they started making search for her. Despite hectic search th...
Tag this Judgment!Lakshman Prasad Pal Vs. the State of Bihar
Court: Patna
Decided on: Jul-13-2001
Narayan Roy, J.1. Heard learned counsel for the petitioner and also learned counsel for the Vigilance.2. By this writ application under Article 226 of the Constitution, the petitioner has prayed for quashing of the entire prosecution launched against him in Special Case No. 28/90 arising out of Bhagwan Bazar P.S. Case No. 5(6)/76 under Section 161 of the Indian Penal Code read with Section 5(2) of the Prevention of Corruption Act.3. It is submitted by learned counsel for the petitioner that till date no witness has been examined and charges were framed against the petitioner on 27-4-2001 and even thereafter there is no headway in the trial. It is further submitted that the case remained pending since 1976 and the petitioner is alleged to have accepted bribe of Rs. 20/-. Learned counsel points out that initially the petitioner appeared in the case in the year 1976 and he was enlarged on bail and thereafter he appeared again in the case on 13-1-1998. It is further submitted that it is n...
Tag this Judgment!Rajdeo Ram Vs. State of Bihar
Court: Patna
Decided on: Jul-13-2001
B.N.P. Singh, J.1. The sole appellant on being tried by the 4th Additional Sessions Judge, Muzaffarpur, in Sessions Trial No. 53 of 1989 suffered conviction under Section 366 of the Indian Penal Code (IPC) and was sentenced to undergo rigorous imprisonment for five years on that count.2. The factual matrix are that in the night of 22nd January, 1988, when Ram Baran Roy found his sister Bachi Devi missing from the house, made hectic search for her in the company of Jagdish Roy (PW-3) and Ram Chandra Roy (PW-2) and in their bid to make search for Bachi Devi, they happened to meet Baiju Roy (PW-5) who narrated to them to have witnessed Rajdeo Ram (appellant) gossiping in the evening with Bachi Devi. The worried brother suspecting complicity of Rajdeo Ram, visited house of the latter when he was informed by the mother of the appellant that Rajdeo Ram may be available in the cattle shed of Lai Babu Mian where he usually goes for a sleep. It was alleged that Ram Baran Roy along with the vil...
Tag this Judgment!The Bihar State Electricity Board and ors. Vs. the Electrical Inspecto ...
Court: Patna
Decided on: Jul-12-2001
Radha Mohan Prasad, J.1. In this writ application prayer is for quashing the order dated 13-9-1990 passed by the Electrical Inspector, Government of Bihar, Patna in Electric Dispute 13/90 in exercise of the power under Section 26(6) of the Indian Electricity Act, 1910 (hereinafter to be referred to as 'the Act') whereby he has held that the respondent No. 2, M/s. Bihar Hotels Ltd. is not liable to pay a sum of Rs. 3, 18,039.61 paise as was demanded by the petitioners vide its Supplementary bill dated 17-6-1989.2. In short, the relevant facts are that the petitioner Board is Licensee and the respondent No. 2 is consumer. The case of the petitioner is that a meter No. 104122 was installed by them in the premises of the Responded No. 2 to record the consumption of electricity and raising bills. In September 1986, in course of inspection the M.R.T. Division of the Board was found that the meter in question was shown as compared to the Standard Check Meter and accordingly, it is claimed th...
Tag this Judgment!Champa Devi and anr. Vs. Shri Anant Prasad Singh
Court: Patna
Decided on: Jul-12-2001
Ashok Kumar Verma, J.1. The appellants have filed this appeal against the order dated 28-9-1994 passed in Misc. Case No. 1 of 1993 by the Additional District Judge II, Jamui, whereby the learned Additional District Judge has dismissed the Misc. Case, which had been filed for restoration of the Title Appeal No. 12 of 1990, which had been dismissed for default on 17-9-1993.2. It was argued by the learned lawyer of the appellants that the learned Advocate who was engaged in the Title Appeal No. 12 of 1990 by the appellants had been prevented by sufficient cause from appearing when the appeal was called on 17-9-1993.3. The Misc. Case No. 1 of 1993 had been filed by Mostt. Sohagi Devi, who was appellant No. 1 in this appeal and others. According to the Appellants (Petitioners), they were taking steps on every date and there was no laches on their part and on 17-9-1993 the appeal was fixed for the receipt of lower Court Records but it had not been received and when the appeal had been calle...
Tag this Judgment!Pramod Kumar Vs. the State of Bihar and ors.
Court: Patna
Decided on: Jul-12-2001
Radha Mohan Prasad, J.1. In this writ petition the petitioner has challenged the validity of the Award dated 8-11-1990 passed by the Presiding Officer, Labour Court, Chapra in Case No. 1/91 to the extent whereby the Labour Court has upheld the validity of his termination and further held that except this petitioner all other workmen are entitled to reinstatement with full back wages and consequential benefits.2. In short, the relevant facts are that at the instance of the petitioner and 7 other workmen who were terminated from the services of the respondent Bank, namely Chapra District Central Co-operative Bank Ltd. Chapra (hereinafter to be referred to as 'the Bank') the dispute was referred to the Labour Court under Section 10(1)(c) of the Industrial Disputes Act, 1947 (hereinafter to be referred to as 'the Act'). The Labour Court vide impugned order contained in Annexure-1, on consideration of facts an circumstances and the evidence held that the termination of the workmen except t...
Tag this Judgment!Suresh Rai Vs. Nagendra Sah and ors.
Court: Patna
Decided on: Jul-11-2001
S.K. Katriar, J.1. Defendant No. 3 is the appellant against a judgment of affirmance. This appeal is directed against the judgment dated 24-2-2001 and the consequent decree passed by the learned District Judge, Vaishali, in Title Appeal No. 22 of 1999 (Suresh Rai v. Nagendra Sah and Ors.), whereby he has dismissed the appeal of Defendant No. 3 (the present appellant) and affirmed the judgment dated 27-3-1999, passed by the learned Subordinate Judge, 4th Court, Vaishali at Hajipur in Title Suit No. 87/95/85/95 (Nagendra Sah v. Brijnandan Sah and Ors.). We shall go by the description of the parties in the trial Court.2. The plaintiff (respondent No. 1 herein) had instituted the suit for declaration of the three sale-deeds in question, executed by Defendant No. 1 in favour of the Defendant second party as null and void, inoperative, and not binding upon him, as well as for delivery of possession. The details of the sale-deeds have been mentioned in Schedule II of the plaint. A genealogic...
Tag this Judgment!Gulzar Mathto and ors. Vs. Most. Ram Dulari Devi and ors.
Court: Patna
Decided on: Jul-11-2001
S.N. Pathak, J.1. This second appeal is directed against the judgment and decree passed by Sri Hirdaya Narain, 1st Additional Sub-ordinate Judge, Muzaffarpur in Title Appeal No. 17 of 1981, which was a judgment of reversal against the judgment and decree passed by the Special Execution Munsif, Muzaffarpur in Title Suit No. 139 of 1979. The plaintiffs of the suit are the appellants here.2. The palaintiffs of the suit (appellants) had filed the aforesaid suit for declaration of their title over 21 decimals of the suit land which was part of Revisional Survey Plot No. 3204 which was carved out of C.S. Plot No. 1701. The case of the plaintiff-appellants was that their father Kailash Mahto and their uncle Sitaram Mahto had inherited the aforesaid C.S. Plot No. 1701 from their ancestors. The total area of this plot was 17 katha 8 dhurs, equivalent to 74 decimals. On partition, Kailash Mahto and Sitaram Mahto got 8 katha 14 dhurs each. However, Sitaram Mahto sold his share to the Defendant N...
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