Patna Court March 2002 Judgments
Rajesh Kochar Vs. Reeta Kumari
Court: Patna
Decided on: Mar-18-2002
Someshwar Nath Pathak, J.1. This revision is directed against the order dated 19.2.2001 passed in Misc. Case No. 16/1997/426A/2601 under Section 125, Cr.P.C.2. By the aforesaid order, the Judicial Magistrate, 1st Class, granted maintenance allowance of Rs. 500/- to the opposite party, Reeta Kumari, of this revision. The husband of Reeta Kumari is the revisionist before this Court, The concise facts which are relevant of this revision are that earlier there was a matrimonial suit between the parties (Suit No. 220/1996) before the Family Court Lucknow, which, by its order dissolved the marriage of the parties under Section 13B of the Hindu Marriage Act (Annexure-1). At page 16, copy of the joint petition filed by the parties before the aforesaid Family Court has been tagged, which shows that the opposite party Reeta Kumari had agreed that she will not claim any maintenance allowance from her divorced husband. On the basis of this agreement, it was submitted by the revisionist's lawyer, ...
Tag this Judgment!Kusumi Devi and Punam Devi Vs. State of Bihar and anr.
Court: Patna
Decided on: Mar-18-2002
Indu Prabha Singh, J.1. This appeal, under Sections 374(2) and 389(1) of the Code of Criminal Procedure, 1973 (in short 'the Code'), is directed against the judgment and order dated 18.7.2001 passed by Shri Md. Khurshid Alam, 2nd Additional Sessions Judge, East Champaran, Motihari in Excise Case No. 3/22 of 1999/99 by which the appellants were convicted under Section 23 of the Narcotic Drugs and Psychotropic substances Act, 1985 (in short 'the Act') and sentence to undergo rigorous imprisonment for 10 years each and to pay a fine of Rs. 1,00,000/- each, in default to further undergo rigorous imprisonment for one year each.2. From the prosecution case it appears that Shri Prem Chand Singh (P.W. 5) the Inspector of Customs received an information about the commission of the alleged offences. The Assistant Commissioner Customs Shri R.P. Singh (P.W. 6) headed a raiding party and went to Gandhi Smarak Belbanwa, Motihari where the raiding party found two ladies coming on a rickshaw. The rai...
Tag this Judgment!Jay Gobind Prasad Vs. State of Bihar
Court: Patna
Decided on: Mar-15-2002
P.K. Sinha, J. 1. Heard learned counsel for the petitioner and learned Addl. P.P. and with their consent this petition is being disposed of at the stage of admission itself.2. Only point that was argued by learned counsel for the petitioner is that the date of occurrence in the case was on 10-2-1993 on which late FIR was lodged against the petitioner under Section 7 of the Essential Commodities Act as well for some offences under the Penal Code. However, the learned Special Judge by the impugned order dated 28-8-2000 had taken cognizance of offence only under Section 7 of the Essential Commodities Act, Learned counsel submits that in the circumstances of the case offence could be punishable for a maximum period of two years even if it was taken that a case punishable under Section 7 of the Essential Commodities Act was made out which was denied, and that the cognizance of offence could not have been taken on 28-8-2000, after more than 7 years of the date of occurrence in violation of ...
Tag this Judgment!Rajpati Devi Vs. State of Bihar and ors.
Court: Patna
Decided on: Mar-15-2002
Aftab Alam, J.1. One should have though that Begaar is a thing of the past; or at least it would be impossible to find Begaar taking place in an organisation or institution of the Government. But, the facts of this case seem to prove one wrong.2. The undeniable facts of the case are as follows. The mother of the petitioner used to work as sweeper in the Government Girls Middle School, Gopalganj. In 1982, when she was no longer able to work due to old age and illness, in her place her daughter, the present petitioner was engaged to work as sweeper in the school on the unbelievably low wages of Rs. 15 per month. The engagement was not on the basis of any verbal direction by the headmistress of the school but the arrangement. can be witnessed in black and white. It appears that the headmistress of the school wrote letter No. 72, dated 10.7.1982 to the District Inspectress of Schools, Saran seeking her approval for the petitioner's engagement. The District Inspectress of Schools gave her ...
Tag this Judgment!Umesh Singh Alias Umesh Prasad Singh Vs. State of Bihar
Court: Patna
Decided on: Mar-15-2002
Shiva Kriti Singh, J. Heard the parties in detail at the stage of admission itself.1. In this criminal revision application the petitioner, an accused in sessions trial No. 2047 of 1994 pending before the Addl. Sessions Judge XI, Saran at Chapra, has challenged the order dated 16-1-2002 by which the trial Court has rejected petitioner's prayer under Section 475 of the Code of Criminal Procedure (hereinafter referred to as 'the Code') to separate his trial from that of other accused persons in a case under Sections 307/149, 435/149, 447/149 of the IPC and under Section 27 of the Arms Act on the ground that he is an Army Personnel.2. The undisputed relevant facts in this case are as follows. Petitioner along with others was named as an accused in Taraiya PS case No. 64/93 for an occurrence dated 18-6-1993. The investigation by the police was followed by cognizance by the Magistrate under the provisions of the Code and thereafter petitioner was committed to the Court of sessions along w...
Tag this Judgment!Sidheshwar Singh @ Sidhesh Singh and ors. Vs. State of Bihar
Court: Patna
Decided on: Mar-15-2002
D.P.S. Choudhary, J.1. These appellants have preferred this appeal against the judgment and order of conviction dated 21-2-1991, passed by Sri Hari Shankar Prasad, the 4th Additional Sessions Judge, Aurangabad in Sessions Trial No. 13/82/46/89 convicting the appellants as follows:Appellant No. 1, namely, Sidheshwar Singh a//as Sidhesh Singh and appellant No. 2, namely, Janeshwar Singh have been convicted for the offence under Section 307, IPC and sentenced to undergo R.I. for three years. Both the appellants have been further convicted and sentenced for the offence under Section 148 IPC and sentenced to undergo R.I. for one year. They have been further convicted under Section 27 of the Arms Act and sentenced to R.I. for two years. Appellant No. 3, namely, Vineshwar Singh, appellant No. 4, namely, Radhash Singh, appellant No. 5, namely, Jai Kuamr Singh alias Jai Singh and appellant No. 6, namely, Sanjay Kumar Singh have been convicted for the offence under Sections 307,148 and 27 of t...
Tag this Judgment!Gafoor Mian and anr. Vs. State of Bihar
Court: Patna
Decided on: Mar-14-2002
B.N.P. Singh, J.1. Though the prosecution was launched only against Gafoor Mian, Khurshid Mian and Kalamul Mian, the Police on the investigation, laid charge-sheet before the Court also against Tajamul Mian, and Mahludan Khatoon. During pendency of trial, cases of Tajamul and Mahludan were, however, split up from the appellants.2. The factual matrix - The prosecution was launched on behest of Abdul Rahim (P.W. 6) on accusation that on 17th October, 1987 while Jatulan was draining rain water that had collected in the courtyard of her house, there was quarrel with Mahludan and Tajamul. The dispute was, however, resolved due to intervention of Abdul Rahim (P.W. 6), who on getting the matter pacified, went to mosque to offer his evening prayer, and it was alleged that after the said Abdul Rahim was coming back from the mosque in the company of Md. Ainul (P.W. 1) after evening prayer, Khurshid and Kalamul Mian came to him, who exhorted their associates. It was alleged that on their exhorta...
Tag this Judgment!Union of India (Uoi) Vs. Surendra Prasad Sinha and ors.
Court: Patna
Decided on: Mar-14-2002
S.N. Pathak, J.1. This miscellaneous appeal is directed against the order passed by the Railway Claims Tribunal, Patna, in Application No. OA-72 of 1991. The Union of India through General Manager, Eastern Railway, is the appellant here.2. One Jamuna Devi, widow of late Ramashray Prasad Yadav filed the aforesaid claim case alleging, inter alia, that her husband was travelling in 383 Up Mokama-Danapur Passenger on 16.4.1990 which caught fire in which Ramashray Prasad Yadav and some other passengers died. Earlier a claim case was preferred by the son of Ramashray Prasad Yadav which was dismissed on the ground that the son was not dependent upon his father and that it was not proved that Ramashray Prasad Yadav was a bona fide passenger in the concerned train. However, the Tribunal, held on the basis of evidence in the instant case that Ramashray Prasad Yadav was a bona fide passenger and, therefore, the Tribunal granted compensation amount of Rs. 2,00,000 to the claimant Jamuna Devi.3. T...
Tag this Judgment!Muni Lal Paswan and ors. Vs. State of Bihar
Court: Patna
Decided on: Mar-13-2002
B.N.P. Singh, J.1. The appellants suffered conviction under Section 307/149 of the Indian Penal Code (IPC) and were sentenced to suffer rigorous imprisonment for a term ten years on accusation that on 16th January, 1990, in the early hours of morning, when Bindeswari Devi (PW 1) had gone to fetch water from the handpump, a protest was registered by Muni Lal Paswan, who had been claiming the hand pump to have been installed at his instance. It was alleged that there was exchange of abuses between them, pursuant to which on call given by Muni Lal Paswan, other appellants came there holding wooden substance with them and in quick succession, Muni Lal Paswan dealt blows with the spade on the head of Bindeshwari Devi, after Mohit had caught hold of her. It was alleged that when other family members including Lachchia Devi, Saraswati Devi, Sheoji Paswan and others came for rescue of Bindeswari Devi , they too were intended to be assaulted and after they rushed to their houses, they too were...
Tag this Judgment!Divisional Manager, New India Assurance Co. Ltd. Vs. Shrimati Sumitra ...
Court: Patna
Decided on: Mar-13-2002
Someshwar Nath Pathak, J.1. This miscellaneous appeal is directed against the judgment dated 19th May, 1995 passed by the District Judge (Claims Tribunal), Madhubani. In claims Case No. 15/93. The claimant-applicant of the aforesaid claims case, Sumitra Devi, was allowed compensation of Rs. 96,000/- on account of death of her son Dinesh Yadav in a motor accident that occurred on 4.5.1993 at 11.30 a.m. The New India Assurance Company is the appellant here.2. Both sides were heard.3. It was submitted by the appellant's lawyer that the deceased was a boy of 18 years and he was going to Bombay in search of a job. So admittedly, the deceased was not earning any income and, hence the compensation amount should not have fixed at Rs. 96,000/-. It was further submitted that principle of interest accruing from the fixed deposit of a lump sum should have been applied and, moreover, since the accident took place when the M.V. Act, 1988 was inforce, the lower Court should not have allowed the afor...
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