Patna Court September 2002 Judgments
Nawal Kishore Patel Vs. Most. Indrapari Devi
Court: Patna
Decided on: Sep-24-2002
Negendra Rai, J.1. The decree holder is petitioner against the order dated 21.6.2001 passed in Title Execution No. 15 of 1996 by Spl. Execution Munsif, Muzaffarpur holding that the execution case filed by him is barred by limitation.2. The sole question for consideration in this case is as to whether the decree under execution is barred by limitation in terms of the provisions contained under Article 136 of the Limitation Act, 1963, (hereinafter referred to as the Limitation Act).3. The factual matrix essential to decide the controversy are as follows. Janki Devi Pramod Kumar and Prem Kumar filed a Title Suit being Title Suit No. 76 of 1964 against the descendants of Jogendra Tiwari for specific performance of contract. Defendant No. 7 only contested the suit. During pendency of the case, Janki Devi died. The suit was decreed on 30th November, 1976 in favour of Pramod Kumar and Prem Kumar. They were directed to deposit Rs. 2,000 (rupees two thousand) by 3.1.1977 to the credit of defen...
Tag this Judgment!Ram Mukhiya and ors. Vs. State of Bihar and ors.
Court: Patna
Decided on: Sep-24-2002
Aftab Alam, J.1. This writ petition is filed challenging the order, dated October 3/19, 2001 passed by the Registrar, Co-operative Societies in Revision Case No. 78 of 2001. By the impugned order a copy of which is at Annexure 1, the Registrar rejected the revision filed by the petitioners against the conversion/registration Of an earlier Co-operative Society as a self supporting society under the provisions of the Bihar Self Supporting Societies Act, 1996 (hereinafter referred to as 'the Self Supporting Act, 1996).2. The facts are brief and simple. In the year, 1993, the cooperative society was registered under Section 11 of the Bihar Co-operative Societies Act, 1935 under the name of Alinagar Prakhand Matsyajeevi Sahkari Samiti Limited. In 1996 the Self Supporting Act came into force and in March, 1998 a petition under Section 5 of the Self Supporting Act was filed before the Dist. Co-operative Officer, Darbhanga for conversion of the cooperative society into a self supporting socie...
Tag this Judgment!Dev Raj Mahto and anr. Vs. the State of Bihar
Court: Patna
Decided on: Sep-24-2002
M.L. Visa, J.1. Both these appeals arising out of the same judgment dated 25.11.1997 and order dated 26.11.1997, against which they have been preferred, have been heard together and are being decided by this common judgment. Both the appellants have been convicted and sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs. 1,000/- each to the wife of deceased and in default to undergo simple imprisonment for one month under Section 302, Indian Penal Code and to undergo rigorous imprisonment for five years and to pay a fine of Rs. 500/- each to the wife of deceased and in default to undergo simple imprisonment for fifteen days under Section 201, Indian Penal Code.2. The case of prosecution, as disclosed in the First Information Report (Exhibit-4) of informant Ramadhar Mahto (P.W. 9), in short, is that on 17.7.1993, informant was in his shop where he came to know that wife of this brother Banshidhar was weeping. Informant then went to the house of his brother Banshi...
Tag this Judgment!Krishak Sangathan Vs. the State of Bihar and ors.
Court: Patna
Decided on: Sep-23-2002
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 Boorhia Bari and Pakri, under Bhiria 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 month's time to explain to the Court as to why consolidation of holdings has come to a halt. This is a ridiculous mention. Let the Secretary, Revenu...
Tag this Judgment!Dilip Bhagat Vs. the State of Bihar
Court: Patna
Decided on: Sep-23-2002
M.L. Visa, J.1. Dilip Bhagat, the sole appellant in this appeal before us, has assailed the judgment dated 26.8.1997 and order dated 27.8.1997 of the Court below convicting and sentencing him to undergo rigorous imprisonment for five years under Sections 376/511 and life imprisonment under Section 302, Indian Penal Code, Both the sentences have been ordered to run consecutively in the manner that sentence under Sections 376/511, Indian Penal Code will start first and, thereafter the sentence under Section 302 will start.2. The case of prosecution, in short, is that on 2.10.1996 at about 3 p.m., when deceased Renu Kumari alongwith her younger sister, was at the Darwaza of her house, appellant, who is her neighbour, pushed her in her courtyard in order to commit rape on her. Deceased resisted the appellant with her full capacity and the appellant, therefore, could not succeed and he then brought kerosene oil in a bottle and a match box from his house and sprinkled the kerosene oil on de...
Tag this Judgment!Lal Mohan Yadav Vs. Most. Sanjha Devi and ors.
Court: Patna
Decided on: Sep-20-2002
Radha Mohan Prasad, J. 1. As both these second appeals at the instance of defendant 1st party arise out of common judgment passed in Title Appeals No. 30 of 1997 and 21 of 1997 respectively by 3rd Additional District Judge, Saharsa with consent of the parties, they have been heard together and are being disposed of by this common order.2. The case of the plaintiffs, in brief, is that Most. Sanjha Devi after the death of her husband Lakhan Das began to maintain her minor step son Jago Das, born of Sundari Devi first wife of Lakhan Das. She purchased 9 dhurs of suit land from one Ram Subhag Thakur vide registered sale-deed dated 13-3-1987 (Exhibit-1) for construction of residential house. She claimed that she included the name of her minor son Jago Das in the sale-deed with clear recital that he will have no right in the suit land till her life time. Further case of the plaintiffs is that in the year 1990, when Jago Das was aged about 12-13 years, he under the influence of the defendant...
Tag this Judgment!Basudeo Prasad Ashoka Vs. State of Bihar and ors.
Court: Patna
Decided on: Sep-20-2002
1. Basudeo Prasad Ashoka, a Class IV employee with the Bihar State Transport Department posted at the District Transport, Bhagalpur, filed a writ petition resisting the action of the disciplinary authority in ordering a disciplinary inquiry de novo. The disciplinary authority was of the view that the inquiry officer had wrapped up the inquiry only on the explanation of the petitioner. A re-inquiry was ordered. Against this the petitioner filed the writ petition (CWJC. No. 9669 of 2002, Basudeo Prasad Ashoka v. State of Bihar and Ors.). The learned Judge declined to quash the order on the writ petition by which an inquiry had been ordered de novo. Against the order of the learned Judge dated September 4, 2002, the present letters patent appeal has been filed. 2. The allegations against the petitioner are of forgery and misappropriation. The contentions before the Court on this Letters Patent Appeal are two fold, firstly, there was no occasion to order a re-inquiry as there was no wit...
Tag this Judgment!Chulhai Hazra and ors. Vs. State of Bihar
Court: Patna
Decided on: Sep-20-2002
B.N.P. Singh, J.1. Concurrent finding of guilt and also sentence against the petitioners recorded by the trial Court and also affirmed by the appellate Court has been impugned in this revision, It seems that though Ganpat Hazra too suffered conviction and had been sentenced by the Court below, during pendency of this revision he died which fact finds mentioned in I.A. 932 of 2001 filed for condoning the delay in filing this application and as such his name seems to be expunged from the revision application.2. For brevity of contentions raised at Bar on behalf of the petitioners, salient features of the prosecution case, is apt to be noticed. Factual matrix on 2.12.1993, when Mahadeo Chaubey (P.W. 4) went to watch his paddy field he noticed the petitioners and Ganpat Hazra haivesting the standing crops from 19 kathas 3 dhurs of land appertaining to R.S. Plot No. 133, and when he forbade them and registered protest, he was assaulted with fists and slaps. Those aggrieved, took recourse t...
Tag this Judgment!Upendra Rao Vs. State of Bihar
Court: Patna
Decided on: Sep-20-2002
B.N.P. Singh, J.1. Concurrent finding of guilt and the sentence recorded by the trial Court and affirmed by the appellate Court has been impugned in this revision. Factual matrix are that Bairia Police oh tip of information about complicity of the petitioner in a case of dacoity committed in village Khiryaghat, laid a trap in his house, which led to seizure of arms and cartridges and also some quantity of narcotic drugs. A Police case had been registered, investigation commenced and on its conclusion. Police laid charge-sheet before the Court.2. During trial that commenced, the State examined altogether seven witnesses, including seizure list witness, Reporting Officer and also those who constituted raiding party. The Court also examined one Satya Narain Prasad as a Court witness who brought on record, sanction order passed by the District Magistrate for prosecution of the petitioner under the Arms Act. Defence of the petitioner, both before the Court below and the appellate Court, ha...
Tag this Judgment!Ranju Rani Alias Ranju Devi and ors. Vs. Branch Manager, the New India ...
Court: Patna
Decided on: Sep-19-2002
Nagendra Rai, J. 1. This Civil Revision is directed against the order dated 1-5-2002, passed by the Motor Vehicles Accident Claims Tribunal (for short 'the Tribunal') rejecting the claim made by the petitioners as not maintainable under Section 163A of the Motor Vehicles Act, 1988 (for short 'the Act') 2. The Office has reported that the Civil Revision is not maintainable. The office note is not correct. A Full Bench of this Court in the case of Anirudh Prasad Ambasta v. State of Bihar, reported in AIR 1990 Patna49, in paragraph 23, has held that the District Judge, who is functioning as a Claims Tribunal, is not only within the administrative control of the High Court but also subordinate to it under Section 115 of the Code of Civil Procedure. Thus, it is held that the Civil Revision is maintainable. 3. The question, which falls for consideration in this case, is as to whether the accident, for which the compensation has been claimed under the provisions of the Act, arose out of the...
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