Court : Patna
1. the sole appellants has been convicted under section 302 of the indian penal code, on the charge of committing the murder of nandi mirdha, his uncle, and sentenced to rigorous imprisonment for life and to pay a fine of rs. 1,000 and, in default of payment of fine, to undergo rigorous imprisonment for three months by the impugned judgment and orders dated 14.2.1991 in st no. 255 of 1990, passed by the then additional judicial commissioner, ranchi.2. briefly put, the prosecution case, as made out in the fardbeyan (exhibit 2) of badhana mirdha, the brother of the deceased, recorded by the police officer of nagri outpost on 3.12.1989 at 7 p.m. at village upardaha within the police station ratu, district ranchi, is as under:the informant (pw-5) had been to piskanagri railway crossing to sell potato laden on a bullock cart of the master dhaneshwar mahto and when after selling the potato, he was returning, around 6 pm, and had moved a bit further near village upardaha (mahto tola), he heard the cries of 'save-save', whereupon he stopped the bullock cart. at that moment, he saw the accused dubraj mirdha, his nephew going towards village upardaha on a bicycle which was being driven at a great speed. the informant accosted him and enquired from him as to what had happened. the accused was nervous and he did not answer the query made by the informant and instead he sped away. thereafter, the informant came in front of the shop of nimchand mahto, situated at mahto total to found that .....
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radha mohan prasad, j.1. in this writ petition, the petitioner is aggrieved by the office order no. 1902/99 dated 13.9.1999 passed by the chief of administration of the bihar state road transport corporation (hereinafter referred to as 'the corporation'), contained in annexure-6, whereby and whereunder though the departmental proceeding initiated against him has been withdrawn, yet it has been directed that the period of suspension shall be adjusted as against the leave due to him.2. it is submitted by the learned counsel for the petitioner that after the proceeding has been withdrawn without culminating into the final order. the respondent-authority is not legally justified in passing the order for adjustment of the period of suspension as against the leave due to the petitioner, inasmuch as by doing so the petitioner has been arbitrarily denied of the leave salary as admissible under the rules.3. mr. verma, learned counsel appearing for the respondent-corporation has submitted that there is no illegality in the impugned order. in this regard, he has referred to rule 97 of the bihar service code (hereinafter referred to as 'the code'), which empowers the authority to determine as to how the period of suspension should be treated. he submitted that the present case is covered by sub-rule (3) of rule 97 of the code as neither it is a case where the petitioner has been fully exonerated nor that the suspension has been found to be wholly unjustified in which case sub-rule (2) .....
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..... there was spot inquiry by the factory inspector, ranchi who submitted a report on 30.9.1995, according to which the cause of accident was found on account of mistake of the deceased and the factory inspector was fully satisfied that the pulleys, chains, etc. ..... there is no doubt that the deceased died due to accident and there appears nothing specific to show as to what overt act attributed to the petitioners.6. ..... according to which the cause of accident was on account of mistake of md. ..... benerjee, learned counsel appearing on behalf of the petitioners at the very outset submitted that the said accident occurred on account of mistake of md. ..... ishaque along with it and it was purely an accident due to mistake of md. ..... in absence of any thing specific against the petitioners, they cannot be held responsible for the said accident. ..... used for the purpose of were sufficient and capable of many times more than the registered weight of the tower and there is nothing specific to show that the petitioners had any hard in the alleged accident. .....
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..... the claims tribunal further held that since the insurance company did not dispute the insurance of the vehicle on the date of the accident, so it shall be held liable for payment of the compensation jointly and severally. ..... this appeal is directed against the judgment and award dated 3.7.1999 passed by the 1st additional motor accident claims tribunal, jamshedpur, awarding a sum of rs. ..... (iv) whether the accident as alleged in the claim application took place due to rash and negligent driving of the driver op no. ..... at the time of accident, truck was insured with the appellant insurance company. ..... brw 8931, or whether the deceased was himself negligent in driving his scooter at the time of accident? ..... in the written statement, the owner of the vehicle disclosed the description of the policy which was effective on the date of the accident. ..... khan in a motor vehicle accident.3. .....
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..... the claims tribunal further held that since the insurance company did not dispute the insurance of the vehicle on the date of the accident, so it shall be held liable for payment of the compensation jointly and severally. ..... this appeal is directed against the judgment and award dated 3.7.1999 passed by the 1 st additional motor accidents claims tribunal, jamshedpur, awarding a sum of rs. ..... (iv) whether the accident as alleged in the claim application took place due to rash and negligent driving of the driver op no. ..... at the time of accident, truck was insured with the appellant insurance company. ..... brw 8931, or whether the deceased was himself negligent in driving his scooter at the time of accident? ..... in the written statement, the owner of the vehicle disclosed the description of the policy which was effective on the date of the accident. ..... khan in a motor vehicle accident.3. .....
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..... section 140 as-pointed out about the claimant need not plead and prove the wrongful act or neglect of the owner or driver of the vehicle which is identified as being involved in the accident whereas in a claim under section 161 there must be proof that the identity of the vehicle or vehicles cannot be ascertained in spite of reasonable efforts in that behalf ..... of the aforesaid provision, it is manifest that in case of death or permanent disablement of any person has resulted from an accident arising out of the use of the motor vehicle, the owner or the owners shall be jointly and severally liable to pay ..... tribunal, in passing the orders, shall also direct the owner or insurer, of the vehicle involved in the accident, to pay the amount of compensation to the claimant within thirty days from the date of the ..... application for compensation, the claims tribunal shall give notice to the owner, and the insurer, if any, of the vehicle involved in the accident directing them to appear on a date not later than ten days from the date of issue of such notice ..... concept of an absolute liability is introduced by this section as no fault is required to be proved and once the factum of vehicular accident is established coupled with the involvement of the vehicle and the ownership of the vehicle, the tribunal can always pass an order under ..... provision the liability to provide a scheme for payment of compensation in such accidents is on general insurance corporation of india and insurance companies carrying on .....
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..... the other line of cases deals with the insured owners of offending motor vehicles that cause such accidents wherein the insured owners of the vehicles do not themselves commit breach of any such condition and hand over the vehicles for driving to licensed drivers who on their own and without permission, express or implied, of ..... such a breach is held to be a valid defence for the insurance company to get exonerated from meeting the claims of third parties who suffer on account of vehicular accidents which may injure them personally or which may deprive them of their bread-winner on account of such accidents caused by the insured vehicle. .....
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indu prabha singh, j.1. both appellants have been convicted under section 392 of the indian penal code and sentenced to undergo rigorous imprisonment for three years each.2. the prosecution case in brief is that on 28-5-1992 at 8.15 p.m. when the informant, sudipta roy, p.w. 2 was returning by his maruti car bearing number br 01-0775c of white colour from his clinic to his residence and turned his aforesaid car towards cemetery road, a boy aged about 22 years stopped his car by signalling his hand and asked him whether he was dr. mitra from whom he wanted to get his mother examined. it has been alleged that informant replied that he is not doctor mittra and he resides at some distance from there. thereafter, the said boy asked him (informant) to give the telephone number of doctor mittraa. the informant gave telephone number of doctor mittra to that boy and he noted the name on his palm. thereafter, the informant went to his house. it is further alleged that when he reached his house, the same boy at about 9 p.m. came at his residence and asked about doctor mittra and he replied that doctor mittra has not returned as yet and the boy returned back. but again at 9.30 p.m. he came at the residence of the informant and in weeping voice requested the informant to see his ill mother who was lying unconscious at suresh colony. on the request made by the boy, the informant along with him on his car proceeded for examining his mother. when the informant reached at distance of about .....
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deoki nandan prasad, j. 1. this criminal revision is directed against the order dated 9.9.1999 passed in m.p. case no. 248/1998 by the learned principal judge, family court, dhanbad, whereby and whereunder the application filed on behalf of the petitioner for maintenance under section 125, cr.p.c. was rejected and the petitioner was directed to deposit a sum of rs. 500/- as cost.2. the short facts giving rise to this application is that the petitioner had filed a petition in the court to principal judge, family court under section 125, cr.p.c. for maintenance. it is stated that the marriage of the petitioner with the opposite party no. 2 was solemnised on 20.5.1996 according to hindu rites and customs. at the time of marriage, the parents of the petitioner had given gold and silver ornaments and cash amount of rs. 30,000/-. after marriage the petitioner started living in her matrimonial home but after expiry of few months, the opposite party no. 2 and his family members started torturing her and demanded a sum of rs. 30,000/- as dowry. the petitioner had also filed a criminal case against the opposite party no. 2 and others, being tundi ps case no. 0049/1998. it is also alleged that opposite party no. 2 performed second marriage with one babita devi and the petitioner has got no source of income to maintain herself.3. the opposite party no. 2 filed show cause on the court below. witnesses were examined and after hearing both sides, the court below rejected the plea of the .....
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s.n. jha, j. 1. this second appeal by the defendant 1st party of title suit no. 17 of 1983 of the court of 5th subordinate judge, munger is directed against the judgment and decree of the 12th additional district judge, munger, upholding the judgment and decree of the trial court, decreeing the plaintiff's suit. it may be mentioned here that the said suit was tried analogous with title suit no. 104 of 1984 instituted by the appellant. while title suit no. 17 of 1983 was decreed title suit no. 104 of 1984 was dismissed. it may also be mentioned here that the second appeal arising out of title suit no. 104 of 1984. which was disposed of by a common judgment, being second appeal no. 159 of 1993 has been dismissed by a learned judge of this court vide judgment reported in 1999 (3) pat ljr 45. the question of law raised in this appeal being the same as in the other appeal, in the ordinary course this appeal should have been dismissed summarily as being covered by the interparty decision in the other appeal. another learned judge of this court before whom this appeal came up for hearing under order 41, rule 11, cpc however referred it to a division bench noticing the conflict between the decisions of the andhra pradesh high court and bombay high court in yarlagadda nayudamma v. government of andhra pradesh, air 1981 andh pra 19 and devgonda raygonda patil, v. shamgonda raygonda patil, air 1992 bombay 189, respectively, though without doubting the correctness of the decision of .....
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