Patna Court August 2006 Judgments
Smt. Shila Devi and anr. Vs. Munna Rai and ors.
Court: Patna
Decided on: Aug-31-2006
Ramesh Kr. Datta, J. 1. This civil revision application has been filed for setting aside the order dated 25.9.2000 passed by Sub Judge v. Danapur in Title Suit No. 148 of 1992 whereby the petition dated 3.3.2000 filed by the petitioners for abatement of the suit with respect to defendant No. 6 (their father) has been rejected.2. The plaintiff-opposite party No. 1 had filed the said Title Suit with respect to various properties as described in Schedule-B. Out of which the petitioners herein are concerned only with plot No. 881 which they claim was purchased by ancestor of defendant-opposite parties second set by registered sale deed dated 26.5.1920 and with respect to which it has been prayed in the plaint to declare the same as forged and fabricated defendant Nos.6 and 7 appeared in the said suit filed by the plaintiff -opposite party and they have claimed in the written statement that their ancestor Raja Ram Rai had purchased Plot No. 881 measuring an area of 63 decimals by means of ...
Tag this Judgment!Sulo Thakur and ors. Vs. the State of Bihar
Court: Patna
Decided on: Aug-30-2006
Anwar Ahmad, J. 1. Both these criminal appeals arise out of the same Sessions Trial No. 28 of 2001 and hence they are being disposed of by this common judgment.2. Both these criminal appeals arise out of the judgment dated 26.5.2003 and order dated 27.5.2003 passed by Shri Birendra Kumar Singh. Ist Additional Sessions Judge. Saharsa in Sessions Trial No. 28/01. The learned Additional Sessions Judge has convicted all the five appellants under Sections 399 and 402 of the Indian Penal Code (for short, IPC). He has sentenced all the appellants to undergo R.I. for seven years for the offence under Section 399 IPC. He has passed no separate sentence for the offence under Section 402 IPC. The learned Additional Sessions Judge has further convicted two appellants namely, Sulo Thakur and Abbas Mian for the offence under Section 25(1)(b) of the Arms Act and sentenced them to undergo R.I. for one year with the direction that the sentences will run concurrently.3. Ram Sahay Roy, Officer Incharge ...
Tag this Judgment!Bachha Sah Vs. Manohar Thakur and ors.
Court: Patna
Decided on: Aug-30-2006
1. This civil revision application has been filed against the order dated 9.6.1999 passed by Munsif, Bettiah in Title Suit No. 244 of 1998 by which the petitioner's application under Order 7 Rule 11 of the Code of Civil Procedure for dismissing the suit as not maintainable was rejected.2. The said Title Suit was filed by the plaintiff-Opposite parties on 30.10.1998 for declaration of their title over the land in question and permanent injunction against the petitioner as well as for declaration that the basgeet parcha issued in favour of the petitioner in case No. 514/69-70 by the Anchal Adhikari, Lauriya and the order dated 26.7.1997 passed by the Collector, West Champaran, in Case No. R.M.21/96-97 be declared illegal and without jurisdiction and not binding on the plaintiffs and also for relief of permanent injunction against the defendant-petitioner. The grounds taken in the plaint were that the defendant in collusion with the officers forged some papers about the settlement of th...
Tag this Judgment!Dinanath Patwa and Vs. the State of Bihar
Court: Patna
Decided on: Aug-30-2006
Chandramauli Kr. Prasad, J.1. The two appellants being aggrieved by the judgment dated 4th of July, 2001, passed by the 1st Additional Sessions Judge, Samastipur in Sessions Trial No. 216/212 of 1993/1999 holding them guilty of offence under Section 302/34 of the Indian Penal Code and inflicting punishment of imprisonment for life, besides the fine of Rs. 5,000/-, have preferred this appeal.2. Prosecution started on the basis of an oral statement (fardbeyan- Ext.2) given by P.W.11 Shanti Devi before the Assistant Sub Inspector of Police in the Darbhanga Medical College Hospital on 19.6.1992 at 1.45 p.m. According to the First Information Report, on 15.6.1992 at about 8-9 p.m. her son Balo Sah had gone to Gudari Bazar to demand the dues of onion and the potato, which annoyed appellant Dina Nath Patwa who picked up knife from his egg-shop and assaulted him on the left side of the abdominal region. According to the informant, sustaining the injury her son fell down and became unconscious...
Tag this Judgment!Kedar Prasad Vs. Union of India (Uoi) and ors.
Court: Patna
Decided on: Aug-29-2006
Aftab Alam, J.1. Heard Mr. Rajnikant Jha, Counsel for the petitioner, Mr. S.B. Kumar, S.C. XVI, Mr. Rakesh Kumar Singh appearing for the State Advisory Committee and Mr. Dhrub Mukherjee representing the State of Jharkhand.2. The petitioner is aggrieved by the allocation of his service to the State of Jharkhand as Steno Sub-Inspector and he seeks to challenge the orders issued in this regard by the Central Government and the order relieving him from his present post by the Government of Bihar. The petitioner is not so much aggrieved by the allocation of his service to the State of Jharkhand as by the decision to send him on the post of Steno Sub-Inspector in a lower scale of pay. The grievance of the petitioner appears to be totally justified and the stand of the Government of Bihar that has led to the anomalous situation with regard to the petitioner appears quite curious to the Court. The undeniable facts of the case may be stated thus.3. The State of Bihar was bifurcated by the Stat...
Tag this Judgment!Ram Nath Singh Vs. the State of Bihar and ors.
Court: Patna
Decided on: Aug-29-2006
Ramesh Kumar Dutta, J.1. Heard Mr. Ram Hriday Prasad, learned Advocate for the petitioner and the learned J.C. to Addl. A.G.III for the State.2. The petitioner is aggrieved by the action of the respondents in retiring him on 31.1.2005 and seeks a direction that his date of retirement should be treated as 30th June, 2005.3. The petitioner was appointed as Constable in B.M.P. - 10, Patna on 1.2.1968. It is stated by the petitioner that he had given only the year of his birth as 1947 at the time of Joining and the same was also recorded in his Service Book. However from a perusal of the Service Book it appears that in the column of date of birth it has been mentioned 21 years and then '1947' is mentioned within brackets. Learned Counsel for the petitioner submits that subsequently in the state seniority List of 2002 (Annexure-2)only the year of birth of the petitioner as 1947 was mentioned in the column relating to the date of birth. It is further submitted that in the identity Card (Ann...
Tag this Judgment!The Divisional Manager, New India Assurance Co. Ltd. and anr. Vs. Most ...
Court: Patna
Decided on: Aug-25-2006
J.N. Bhatt, C.J. 1. The appellant New India Assurance Co. Ltd. has questioned the legality and validity of the common and composite judgment dated 7th February, 2002 and award dated 20th February, 2002, passed in M.A.C.T. Case Nos. 41 and 42 by Shri Amresh Kumar Lal, 6th Additional District Judge-cum-Motor Accident Claims Tribunal, Chapra in respect of two claim petitions under the Motor Vehicles Act, 1988 (hereinafter called the 'Act'), arising out of a road accident in which two persons lost their lives.2. The Accident Claims Tribunal, Chapra, awarded an amount of Rs. 2,22,000/- by way of compensation to the heirs of the first deceased namely, Hari Shankar Sharma, with interest at the rate of 9% whereas the same Tribunal awarded an amount of Rs. 2,10,000/- with the same rate of interest at 9% to the heirs of the second deceased, namely, Birendra Sharma, from the date of the application, thus giving rise to two appeals.3. At the time of admission, upon joint request, the two appeals ...
Tag this Judgment!Deodhari Singh Vs. Mulchand Hazam and ors.
Court: Patna
Decided on: Aug-24-2006
Syed Md. Mahfooz Alam, J.1. This second appeal has been preferred by the plaintiff-appellant against the judgment and decree dated 6.9.1989 passed by Sri Sitaram Choudhary, Sub Judge I, Rhabhua in Title Appeal No. 21 of 1989 reversing the judgment and decree dated 16.5.1989 passed by Sri B.R. Prasad, Additional Munsif, Bhabhua in Title Suit 131 of 1986/76 of 1988. By the said judgment, and decree, the learned Subordinate Judge allowed the appeal and dismissed the suit of the plaintiff.2. Briefly stated, the case of the plaintiff-appellant is that the plaintiff filed a title suit bearing Title Suit No. 131 of 1986 / 76 of 1988 against State of Bihar and others for correction of revisional survey entry and for declaration of his right, title and interest and also for confirmation of possession over the suit land bearing C.S. Khata No. 185, C.S. Plot No. 551 measuring an area of 10 decimals corresponding to R.S. Khata No. 435 R.S. Plot No. 1090 / 2048 in the court of Munsif, Bhabhua. The...
Tag this Judgment!Paglu Yadav Vs. State of Bihar
Court: Patna
Decided on: Aug-24-2006
1. Sole appellant was put on trial for offence under Section 302 of the Indian Penal Code and Section 27 of the Arms Act. Additional Sessions; Judge IVth, Begusarai by judgment dated 25th of January, 2002 passed in Sessions Trial No. 365 of 2000 held him guilty on both the counts and adjourned the case for hearing on the question of sentence to 28th of January, 2,002. On the said day, the learned Judge inflicted punishment of rigorous imprisonment for life under Section 302 of the Indian Penal Code and rigorous imprisonment for three years for offence under Section 27 of the Arms Act. Sentences were directed to run concurrently.2. Aggrieved by the same, appellant has preferred this appeal.3. Prosecution started on the basis of a fard beyan given by P.W.4 Alodhani Devi, before the Sub-Inspector of Sahebpur Kamal police station on 21-3-1998 at 12.30 p.m. According to the fard beyan, on 21-3-1998 at about 8.30 a.m. the informant was mixing maize with Khairi in the Verandah of her hut to ...
Tag this Judgment!Neo Carbon Pvt. Limited Vs. State of Bihar and anr.
Court: Patna
Decided on: Aug-24-2006
Aftab Alam, J.1. The question that arises for consideration in these two cases is whether it is permissible to claim adjustment of Central Sales Tax (CST) payable on sales of goods in course of Inter State Trade against any Input Tax Credit accruing under Section 16 of the Bihar Value Added Tax Act, 2005.2. The relevant facts in the two cases are very brief and simple. In C.W.J.C. No. 1114 of 2006 the petitioner company buys Raw Petroleum Coke, a waste product from Barauni Oil Refinery. On the purchase it pays tax as provided under Section 14 of the VAT Act @ 4%, as Raw Petroleum Coke falls under Schedule 3 of the Act. It manufactures Calcinite Petroleum Coke and sells its produce partly to buyers in Bihar but mainly to HINDALCO, a company situate at Renukut in Uttar Pradesh. The sale to HINDALCO constitutes inter State sale and on those sales the petitioner is liable to pay C.S.T. @ 4%.3. In C.W.J.C. No. 5767 of 2006 the petitioner company purchases waste paper on payment of tax @ 4%...
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