Patna Court July 2002 Judgments
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New India Assurance Co. Ltd. Vs. Sheo Pujan Singh and ors.
Court: Patna
Decided on: Jul-24-2002
Radha Mohan Prasad, J.1. This appeal is directed against the judgment and order dated 13.10.1999 passed in C.W.C. No. 4 of 1999 by Deputy Labour Commissioner-cum-Workmen's Compensation Commissioner, Magadh Division, Gaya, whereby and whereunder the appellant company has been directed to pay compensation of Rs. 2,28,540.2. In short, the relevant facts are that the deceased Shashi Bhushan Kumar Singh, son of respondent Nos. 1 and 2 (claimants) was working as khalasi in Trekker No. BR 26-P 4100. On 21.10.1998 while the said Trekker was proceeding from Madanpur to Aurangabad, it stopped near Kula More for passengers to get down. In the meantime, another Trekker coming from the side of Madanpur dashed the said Trekker, as a result of which a khalasi Shashi Bhushan Kumar Singh died at the spot. Trekker was insured with the appellant company and the aforesaid claim case was filed by respondent No. 1 for payment of compensation under Workmen's Compensation Act, 1923.3. Earlier this court vide...
Krishak Sangathan Vs. State of Bihar and ors.
Court: Patna
Decided on: Jul-23-2002
Ravi S. Dhawan, C.J. and R.N. Prasad, J. 1. This matter as a public interest litigation (PIL) has as its subject consolidation of agricultural holdings, under the Bihar Consolidation of Holdings and Prevention of Fragmentation Act, 1956. After the entire process of consolidation of holdings was over and carried out in villages of Beerhia Ban and Pakri, under Bairia Gram Panchayat of Kateya Anchal, Gopalganj District, and holdings (chaks) had been allotted consequent upon promulgation and preparation of scheme, this notification cancels the scheme and its finality and the allotment of allotted chaks.2. For the final order on this petition let the orders dated 9-8-2002, 12-8-2002, 13-8-2002 and 2-9-2002 be recorded seriatim chronologically.3. 9-8-2002 Learned Government Advocate, Mr. S.D. Yadav submits that he has been asked by the Secretary, Department of Revenue to seek one months time to explain to the Court as to why consolidation of holdings has come to a halt. This is a ridiculou...
Abdul Jabbar Ansari and ors. Vs. Bhola Tiwari and ors.
Court: Patna
Decided on: Jul-23-2002
Radha Mohan Prasad, J.1. This appeal, at the instance of the defendant Ist party, is directed against the judgment of affirmance passed in Title Appeal No. 12/6 of 1998/1998 by the 6th Additional District Judge, Motihari.2. The plaintiffs filed the suit for declaration that they are the rightful owner of the suit land which they got in an oral partition and was in their possession and the defendants had/ have no right title therein and the possession of the defendant 1st set (appellants herein) over the suit land is of a trespasser. The plaintiffs also sought for a declaration that the order dated 9.12.1987 passed under Section 145, Cr.P.C. is bad in law and, further, for recovery of possession and mesne profits, besides decree of cost and other necessary reliefs. The suit was decreed and the appeal filed by the defendant 1st set has also been dismissed, on contest, and the judgment and decree passed by the Trial Court has been affirmed.3. The case of the plaintiffs, in short, is that...
Md. Ayub Alam Vs. the State of Bihar
Court: Patna
Decided on: Jul-23-2002
B.N.P. Singh, J.1. The appellant suffered conviction under Section 7 of the Essential Commodities Act for alleged violation of condition No. 9 of the licence issued to the appellant under Bihar Trade Articles (Licences Unification) Order, 1984.2. At the outset I may briefly refer to some of the salient features of the prosecution case centering round the incident in question. The factual matrix are that the business premises of the appellant, who holds a licence to deal in sugar and kerosene oil under the public distribution system was inspected by officials of the Supply Department on 30th November, 1986 when stock of kerosene oil and sugar was found completely exhausted and when the Inspecting authorities asked the appellant to make available stock register, sale register and cash memos, he failed to produce then on premises that these documents had been made available to the Mukhiya on 28th November, 1986. The business premises of the appellant was again inspected on 6th January, 1...
Sushil Kumar and anr. Vs. State of Bihar
Court: Patna
Decided on: Jul-23-2002
M.L. Visa, J.1. All these four appeals, directed against the same judgment and order dated 11.4.1997 passed by 1st Additional Sessions Judge, Vaishali at Hajipur in Sessions Trial No. 99 of 1995, were heard together and are being disposed of by this common judgment.2. All the appellants have been convicted and sentenced to undergo imprisonment for life under Sections 302/34, Indian Penal Code. Appellant Chandra Shekhar Singh has been further convicted and sentenced to undergo rigorous imprisonment for three years under Section 27, Arms Act and both the sentences passed against him have been ordered to run concurrently.3. The case of prosecution, as stated in the fardbeyan of informant Siya Ram Singh (PW-7), in short, is that on 10-10-1994 at about 1 p.m., the informant alongwith his cousin Rajendra Singh, the then Mukhiya of Gram Panchayat Nayagaon, came to Nayaganj market. Rajendra Singh had some work at Vaishali Kheshtriya Gramin Bank and he, therefore, went to the aforesaid bank si...
Pankaj Kumar Vs. the State of Bihar and anr.
Court: Patna
Decided on: Jul-23-2002
Shiva Kirti Singh, J.1. This criminal revision application has been preferred by informant of Sheikhpura P.S. Case No. 148 of 1999 registered under Section 302 and other allied sections of the Indian Penal Code as well as Section 27 of the Arms Act.2. Petitioner is aggrived by and has challenged the order, dated 11.3.2002 passed by learned Additional District and Sessions Judge IX Munger in a criminal appeal bearing No. 204 of 2001 whereby the appeal preferred by opposite party No. 2, one of the accused seeking a declaration that he is a juvenile, was allowed after reversing the order dated 19.10.2001 passed by learned A.C.J.M. Sheikhpura (Juvenile Court).3. The relevant facts for deciding the present controversy may be noticed in brief. Opposite party No. 2 being one of the named accused for an alleged occurrence of 18.5.1999 under Section 302 and other sections of the Indian Penal Code surrendered before the Court of learned Additional Chief Judicial Magistrate on 5.8.1999. Instead ...
Jaggu Sah and ors. Vs. the State of Bihar
Court: Patna
Decided on: Jul-22-2002
B.N.P. Singh, J.1. Among the appellants while Jeggu and Rajdeo Sah suffered conviction under Section 307/34 of the Indian Penal Code, Mahendra Sah suffered conviction under Section 307 of the Indian Penal Code simplicitor and on these counts the appellants were sentenced to suffer rigorous imprisonment for a term of ten years. The appellants suffered conviction also under Sections 452 and 380 of the Indian Penal Code for which they were sentenced to suffer rigorous imprisonment for a term of seven years on each count. Appellant Mahendra Sah suffered conviction also under Section 27 of the Arms Act and he was sentenced to suffer same term of imprisonment, with direction that all sentences awarded to them shall run concurrently.2. At the earliest I may refer some of the salient features of the prosecution case centering round the incident in question. The factual matrix are that in the midnight of 2nd February, 1990, the appellants having trespassed in the house of Binda Chaudhary (P.W....
Rameshwar Prasad Vs. the State of Bihar and ors.
Court: Patna
Decided on: Jul-22-2002
P.K. Deb, J.1. This petition has been filed by the petitioner for quashing the order of assessment dated 18.10.1979 (Annexure-4) passed by the Assessment Sub-Committee of the Agricultural Produce Market Committed Shaikhpura, district Munghair, for the period from 1.4.1976 to 31.3.1979 imposing levy of market fee on tobacco, tobacco products, Zafrani Zarda, Tea leaves and Bidi leaves as well as penalty under the provisions of Bihar Agricultural Produce Marketing Act, 1960 and rules framed thereunder.2. The petitioner was one of the partners of the Firm, namely, M/s Janta Tobacco Stores situated at Shaikhpura in the district of Munghair. The firm was holding a licence issued under the provisions of the Marketing Act and such licence had been received by the firm on 22.4.1979 as required under the Rules. The firm was filing return regularly and paid market fee on assessment of the transactions of sale effected by the firm. The items/commodities dealt by the firm were all excisable goods ...
National Insurance Co. Ltd. Vs. Sunaina Devi and ors.
Court: Patna
Decided on: Jul-19-2002
Radha Mohan Prasad, J.1. This appeal at the instance of insurance company is directed against the judgment dated 22.12.1999 passed in Claim Case No. 17 of 1997 by the 6th Additional District Judge-cum-Motor Accidents Claims Tribunal, Patna awarding compensation of Rs. 1,34,000 with interest at the rate of 6 per cent per annum from the date of filing of the claim case to be paid within one month and further directing that if the amount is not paid within the said time, the rate of interest will be increased from 6 per cent to 12 per cent from the date of filing of the claim till the date of realisation, besides providing for the manner of payment of the compensation amount to the claimants.2. In short, the relevant facts are that on 21.11.1996 the deceased Sahdeo Pal was coming from his kirana shop on a cycle and was standing near the tea-stall of Murti Singh and in the meanwhile, truck No. BEN 6111, which was driven rashly and negligently, dashed him resulting his death at the spot. H...
Surendra Prasad Mishra @ Khalu Mishra and anr. Vs. State of Bihar and ...
Court: Patna
Decided on: Jul-19-2002
P.K. Deb, J.1. In this writ petition the grievance of the petitioners is that although they have raised objection but the District Co-operative Officer-cum-Certificate Officer, Katihar in Case No. 315/1994-95 has auctioned vide order dated 9.3.1996 the lands mortgaged in lieu of loan although a part of the land belonged to the petitioners.2. The brief facts are as follows :One Jaishree Lal Mishra was the owner of the land of R.S. Khata No. 830 Plot No. 328 measuring an area of 6 acres 22 decimals along with other land. He died leaving behind three sons, namely, Bhola Prasad Mishra, Digambar Prasad Mishra and Sarju Pd. Mishra. Bhola Prasad Mishra has got three sons one of them is petitioner No. 2 Nirendra Prasad Mishra. Digambar Prasad Mishra has got four sons including Jitendra Prasad Mishra who happens to be the certificate debtor in Certificate Case No. 315/94-95. The third son Sarju Pd. Mishra has got one son, namely, Surendra Prasad Mishra who happens to be the petitioner No. 1 in...
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