Patna Court February 2011 Judgments
Mritunjay Mani Mishra Alias Mritunjay Mishra, and ors. Vs. Narottam Ma ...
Court: Patna
Decided on: Feb-28-2011
1. Dharnidhar Jha, J. Seventeen accused persons were put on trial in Sessions Trial No. 307 of 1994 / 75 of 2004, out of whom three appellants of Cr. Appeal No. 1002 of 2006, namely, Narottam Mani Mishra, Dadan Misha alias Rakesh Mani Mishra and Niraj Mishra were charged along with the deceased accused Krishna Mishra alias Krishna Nandan Mishra under section 302 of the IPC and section 27 of the Arms Act. Thirteen other accused, including the ten appellants of Cr. Appeal No. 906 of 2006, were charged under section 302/149 of the IPC. Accused Chandra Bhushan Mishra alias Malik Mishra, Bamdeo Mishra and Purushottam Mishra as also Krishnan Nandan Mishra died during the pendency of the trial and the proceedings as against them were dropped, as may appear from paragraph 17 of the impugned judgment.2. The charges related to an occurrence dated 24th May, 1994 in which Munindra Prasad was killed, allegedly by the accused persons, i.e., the accused of Chanpatia P.S. Case no. 74 of 1994. The judg...
Tag this Judgment!Life Insurance Corporation of India Vs. Vijay Bahadur Singh
Court: Bihar State Consumer Disputes Redressal Commission SCDRC Patna
Decided on: Feb-25-2011
S.C. Jha, President: 1. This appeal has been directed against the order dated 31.1.2008 passed in Consumer Complaint No. 108/2005 by the learned District Consumer Disputes Redressal Forum, Bhojpur at Ara (hereinafter to be referred to as District Forum) whereby and whereunder compound interest @ 9% has been awarded for the period between March, 2003 and March, 2007 in respect of annuity payment. 2. Heard the learned Counsel for the L.I.C.-appellant. Nobody appeared for the respondent. 3. The complainant-respondent has filed complaint stating therein that he had taken a policy as Jeevan Dhara Policy from the appellant bearing policy No. 510087186 dated 20.3.1988, the maturity date of which was 20.2.2003, i.e., after 15 years. Under the terms of the policy, if the life assured survives the full term of the policy, then he gets an annuity in the form of a monthly amount, which is known as monthly pension and if the life assured dies during the continuance of the policy, then the nominee g...
Tag this Judgment!Bihar State Electricity Board and Others Vs. Yatish Narain
Court: Bihar State Consumer Disputes Redressal Commission SCDRC Patna
Decided on: Feb-25-2011
S.C. Jha, President: 1. This appeal has been directed against the order dated 24.1.2007 passed by the learned District Consumer Disputes Redressal Forum, Samastipur in Consumer Complaint No. 87/2004 whereby and whereunder the District Forum has directed to rectify the electric bill of the complainant-respondent waiving the D.P.S. charge and thereby to submit correct bills before him within sixty days of the order. Besides the appellant has also been directed to pay compensation of Rs. ten thousand to the complainant-respondent for mental agony and harassment and Rs. 2,000 as litigation cost. 2. The complaint was filed by the respondent Yatish Narain in the District Forum, Samastipur on the allegation that on his application he was given electric connection for consumers in rural area and electric energy charge @ 75 units per month was being realized from him, which was subsequently enhanced from 75 units to 125 units for four months, i.e., September,99 to December,99. The complainant r...
Tag this Judgment!National Insurance Company Ltd. Vs. Basant Bihari Singh
Court: Bihar State Consumer Disputes Redressal Commission SCDRC Patna
Decided on: Feb-25-2011
S.C. Jha, President: 1. This appeal has been directed against the order dated 15.4.2006 passed in Consumer Complaint No. 147/2003 by District Consumer Disputes Redressal Forum, Gopalganj (hereinafter to be referred to as District Forum) whereby and whereunder the learned District Forum has directed the appellant-Insurance Company to pay Rs. 40,000 on account of repair of the car and Rs. 2,000 for legal expenses. 2. The complainant-respondent B.B.Singh filed a complaint to this effect that he purchased Maruti Car bearing registration No. DL-3C A/9897 from O.P. No. 2 after paying Rs. 72,000 for which cash receipt was given by him. The aforesaid car was insured in the name of the O.P. No. 2 for a period from 21.7.2001 to 20.7.2002 and accordingly cover note was issued by the office of the appellant. 3. The further case of the complainant was that on 18.5.2002, i.e., the period under cover of insurance, the vehicle of the complainant became damaged due to collusion in the tree standing at ...
Tag this Judgment!Bihar State Electricity Board Vs. Jagannath Mandal
Court: Bihar State Consumer Disputes Redressal Commission SCDRC Patna
Decided on: Feb-25-2011
Mrs. Renu Sinha, Member: 1. The present appeal is filed against the order dated 24.7.2003 passed by the District Consumer Disputes Redressal Forum, Begusarai (hereinafter to be referred to as District Forum) in Consumer Complaint No. 21/1995 wherein it was passed that no electric connection was given to the complainant in February,1990 and the Electricity Board without taking into consideration the protest filed by the respondent, had been sending bills till 1994 was wrong, therefore, those disputed bills were not payable by the respondent. 2. The brief fact of the case is that the respondent-complainant had applied for electric connection in his premises and after the compliance of necessary formalities, the electrical connection had been given on 10.2.2010 vide consumer No. Bgs 3/2 588 D/II. The meter was brought by the respondent and handed over to the appellant-Board for installation. As per the complainant-respondent, the electrician of the appellant-Board came to the premises but...
Tag this Judgment!Vidyut Kumar Verma, and anr. Vs. Manju Kumari.
Court: Patna
Decided on: Feb-24-2011
1. The opposite parties have challenged the impugned Judgment Sahoo, J. and Decree dated 16.07.2004 passed by learned District Judge, Katihar, Sri Birendra Singh in Matrimonial Case No.50 of 2001 whereby the application filed by the respondent, Manju Kumari under Section 12(1)(C) of the Hindu Marriage Act has been allowed.2. The wife Manju Kumari who is respondent in this Appeal filed the application under Section 12(1)(C) of the Hindu Marriage Act, 1955 for nullifying the marriage with the appellant No.1, Vidyut Kumar Verma, which was numbered as Matrimonial Case No.50 of 2001. According to this application, the consent of the wife-petitioner for marriage was obtained by the appellants by playing fraud as it was disclosed that Vidyut Kumar Verma is a computer engineer and aged about 25 years. The marriage was solemnized in July, 2000. The wife went to sasural on 09.07.2000 and returned back on 11.07.2000. Thereafter, her husband never came to take her. Subsequently it was learnt that ...
Tag this Judgment!Mritunjay Mani Mishra Alias Mritunjay Mishra, Vs. State of Bihar.
Court: Patna
Decided on: Feb-24-2011
1. Dharnidhar Jha, J. Seventeen accused persons were put on trial in Sessions Trial No. 307 of 1994 / 75 of 2004, out of whom three appellants of Cr. Appeal No. 1002 of 2006, namely, Narottam Mani Mishra, Dadan Misha alias Rakesh Mani Mishra and Niraj Mishra were charged along with the deceased accused Krishna Mishra alias Krishna Nandan Mishra under section 302 of the IPC and section 27 of the Arms Act. Thirteen other accused, including the ten appellants of Cr. Appeal No. 906 of 2006, were charged under section 302/149 of the IPC. Accused Chandra Bhushan Mishra alias Malik Mishra, Bamdeo Mishra and Purushottam Mishra as also Krishnan Nandan Mishra died during the pendency of the trial and the proceedings as against them were dropped, as may appear from paragraph 17 of the impugned judgment.2. The charges related to an occurrence dated 24th May, 1994 in which Munindra Prasad was killed, allegedly by the accused persons, i.e., the accused of Chanpatia P.S. Case no. 74 of 1994. The judg...
Tag this Judgment!Shambhu Tiwari, and ors. Vs. State of Bihar.
Court: Patna
Decided on: Feb-24-2011
1. Mridula Mishra, J. This appeal was taken up for hearing, but no one was there to represent the appellants, as such Mr. Niraj Kumar Sanidh, Advocate was appointed as Amicus Curiae to defend the case of the appellants. The Trial Court had charged two accused persons, namely, Shambhu Tiwari and Imamul Hasan for the offence, punishable under section 302/34 of the Indian Penal Code and section 27 of the Arms Act. Trial commenced against two accused and on conclusion of the trial, both the accused were convicted for commission of offence, under section 302/34 of the Indian Penal Code and section 27 of the Arms Act. The accused persons were sentenced to undergo imprisonment for life and fine of Rs. 2,000/- for their conviction under section 302/34 of the Indian Penal Code and in default of payment of fine, to undergo imprisonment for a period of one year. They were further sentenced RI for two years for their conviction under section 27 of the Arms Act. Sentences were to run concurrently.2...
Tag this Judgment!Shiva Shankar VermA. Vs. the State of Bihar, and ors.
Court: Patna
Decided on: Feb-23-2011
1. Shiva Kirti Singh, J. All the eight writ petitions have been heard together as analogous matters because they contain common prayers questioning the constitutional validity of Bihar Special Courts Act, 2009 (hereinafter referred to as the Act) and in particular the validity of Section 5, 13, 14, 15 and 18 of the said Act. The petitioners have also challenged declarations issued on various dates in respect of individual petitioners in terms of Section 5(1) of the Act, as a result whereof cases lodged by Vigilance Department of the State Government against the petitioners for various offences including offence under Section 13 (1) (e) of the Prevention of Corruption Act, 1988 (hereinafter referred to as the Act of 1988) shall be tried by Special Court established under Section 3 of the Act. In the context of effect of Section 6 (2) of the Act on pending cases, the validity of this provision has also been seriously challenged on the ground that the Act cannot be made retrospective beca...
Tag this Judgment!Bharti Singh Vs. Friend Lies Estate and Essentials Pvt. Ltd.
Court: Bihar State Consumer Disputes Redressal Commission SCDRC Patna
Decided on: Feb-22-2011
S.C. Jha, President: 1. The complaint by Smt. Bharti Singh has been filed seeking a direction to the O.P.-M/s. Friend Lies Estate and Essentials Pvt. Ltd. for allotment of flat No. E on the 6th Floor in Block-B of the Prabha Twin Towers, Malahi Pakari, Kankarbagh, Patna having total built up area of 1410 sq. ft. in lieu of non-allotment of Flat No. 4A in Block-A of the same Prabha Twin Tower, which was agreed to be allotted to the complainant @ Rs. 1,175 per sq. ft. for which agreement was also executed and in pursuance thereof the complainant had already paid Rs. 2,50,000 as down payment on 18.5.2007. 2. The order could not be passed earlier as some clarification was sought from the complainant side and the learned Counsel for the complainant has clarified the position in respect of availability of papers and records on the last date, i.e., 7.2.2011. So, with the availability of the papers, which are lying with the record, the matter is being taken up for disposal in view of the fact ...
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