Court : Patna
Decided on : Dec-03-2003
..... duty of a public servant, while discharging his official duties, to enter into a criminal conspiracy or to indulge in criminal misconduct. want of sanction under section 197 of the code of criminal procedure is, therefore, no bar.'17. reliance was placed on section 38 of the general insurance business act. that section protects officers and employees of the corporation i.e. the general insurance corporation ..... absurd and inherently improbable that no prudent person can over reach the conclusion that there is sufficient ground for proceeding against the accused; where the discretion exercised by the magistrate in issuing processes is capricious and arbitrary based either on no evidence or on materials which are wholly irrelevant or inadmissible; or where the complaint suffers from some ..... the complainant on these facts alleged that it had been cheated by the accused persons in conspiracy with each other for their wrongful gain causing wrongful monetary loss to the complainant and also committed criminal breach of trust and are therefore liable to be punished for those offences.3. the case of the petitioners as stated in the quashing ..... agreed to take policy to provide insurance cover of special perils like flood etc. however after boundary wall of the complainant's factory collapsed on account of heavy rain causing damage to the pipes, the accused persons refused to entertain the claim.24. whether on representation of the officials of the petitioner-company or on request of the .....
Tag this Judgment!Court : Patna
Decided on : Nov-14-2003
..... opposite party nos. 2 and 3 who happen to be the mother and daughter, failed application for grant of maintenance under section 125 of the criminal procedure code (hereinafter referred to as the code). the claim was laid against the husband and father respectively. according to the wife she was in the employment of the ..... revisional jurisdiction. however, to avoid any technical difficulty, mr. jha prays to convert this application into an application under section 482 of the code. nothing prevents this court to exercise its inherent power under section 482 of the code to prevent abuse of the process of the court in relation to even an interlocutory order, ..... allowance for the maintenance of his wife or such child, father or mother, at such monthly rate, as such magistrate thinks fit, and to pay the same to such person as the magistrate may order the father of a minor female child referred to in clause (b) to make such allowance, until ..... she attains her majority, if the magistrate is satisfied that the husband of such minor female child, if married, is not possessed of sufficient means.' it is contended that ..... be set aside by this court. i am not going into this question in detail as the order impugned in the present application is an interim order and final order is yet to be passed by the learned magistrate. the learned magistrate prima-facie being satisfied that petitioner has sufficient means and the .....
Tag this Judgment!Court : Patna
Decided on : Nov-06-2003
..... them at any point of time preceding holding of test identification parade. such excuse had not been taken by appellants even during their examination under section 313 of the code of criminal procedure. that apart, considering evidence of judicial magistrate who conducted test identification parade and also evidence of witnesses who participated in the test identification parade, we find that there was no evidence whatsoever ..... the principles laid down by the apex court, but having been obsessed with the view that the appellants were menace to the society, awarded death sentence to them. however, it is not necessary for us to delve into further, for law on the subject has been well crystallized by plethora of decisions on this subject, and in the circumstances while upholding ..... had noticed gun shot injuries on chest and swellings on left parietal area, and as for naresh mahto, finding of the doctor was that there were two communicating lacerated wounds caused by projectile firearms.7. it was sarfuddin khan (pw 5) who was the investigating officer and he stated that on tip off about commission of dacoity in village bombeya ..... the persons who witnessed the incident and claimed to have identified the appellants. part of the incident, that is reflected from narrations of these witnesses was that the miscreants had caused gun shot injury to asharfi mahto, parmeshwar mahto, and ram gulam mahto and also shot dead bishundeo mahto and naresh mahto in course of dacoity, it was also stated .....
Tag this Judgment!Court : Patna
Decided on : Nov-04-2003
..... 2. the petitioners have filed this petition under section 482 of the code of criminal procedure for quashing the criminal proceeding of case no. 489 of 1997, including the order dated 22-12-1997 passed by the judicial magistrate, khagaria, whereby the learned judicial magistrate has found prima facie case under sections 466, 469 and 471 of the i.p. ..... do not dispute these facts.4. admittedly, the complainant has filed the complaint petition in respect of a proceeding under section 107 of cr. p.c. pending in the court of sub-divisional magistrate, khagaria, bearing case no. 490 m of 1997 alleging therein that service of notice on him and his sons was ..... or that fraud may be committed, commits forgery. according to section 466 i.p.c. whoever forges a document, purporting to ..... in writing or that court, or of some other court to which that court is subordinate. according to section 463 i.p.c. whoever makes any false document or part of a document with intent to cause damage or injury, to the public or to any person, or to support any claim or title, ..... or to cause any person to part with property, or to enter into any express or implied contract, or with intent to commit fraud .....
Tag this Judgment!Court : Patna
Decided on : Oct-29-2003
..... no. 426 of 2002 has been convicted under section 302/34 of the indian penal code and sentenced to death. he has also been convicted under sections 323 and 341 of the penal code but no sentence has been awarded separately thereunder. the sentence of death has been referred to this court for confirmation in terms of section 366 criminal procedure code. both the cr. appeal and reference were taken ..... the relevant time and submitted that possibly the deceased might have gone to see the ramlila and killed sometime after the same was over. it is not necessary to go into this argument. the conviction of the appellant is based on the solitary evidence of the informant who does not qualify as a 'wholly reliable' witness and, therefore, we are of ..... the shop. this inference finds support from the further statement of renu devi to the effect that in the morning the people of locality came there and informed about the death of her husband i.e. deceased. thereafter, father-in-law (informant) and other family members went to the place where the dead body was lying. it was submitted that this .....
Tag this Judgment!Court : Patna
Decided on : Oct-29-2003
..... murderous assault on ramashish bhagat and also his sister.other motive that was assigned by the state was that a proceeding under section 144 of the code of criminal procedure had been pending between kishore bhagat and garju ahir.14. narrations with sustained consistencies were made by ocular witnesses about akaloo ahir and suresh singh, visiting place of occurrence together ..... have found four penetrating wounds while two were in the nature of abrasions, and in his estimation, while four wounds were caused by firearms, two by hard and blunt substance. these injuries in estimation of the doctor were sufficient to cause death,7. chuman choudhary (pw 17), who was chaukidar of the halka, stated to have rushed to the house of ramashish bhagat ..... ) and sheo nath bhar (pw 12) simply shows these six appellants to be there. if narrations made by these majority of witnesses whose evidences have been referred to, are taken into consideration, the facts of the case would show that they would not have shared common intention. we are, however, not oblivious that mere distance emerging from the scene would not ..... well known that though not in all cases but in some cases, depending on facts of the case motive too assumes significance. however, cases where evidences are direct, motive pells into insignificance, and it remains only a matter of academic interest. but on this score too we have noticed that good and sound motive has been assigned by the state. some .....
Tag this Judgment!Court : Patna
Decided on : Oct-28-2003
..... 11-3-2002 passed by the executive magistrate, piro district bhojpurwhereby in a proceeding under section 145 of the code of criminal procedure theleaned magistrate had declared the possession of second party-opposite party nos.1 to 4.2. a proceeding under section 144 of the code of criminal procedure (for short the code) was initiated in respect of land ..... however, submits that the documents filed by the first party were considered and on appreciation of oral and documentary evidence adduced before the learned magistrate, he found the possession of the second party and accordingly declared the possession and the said order is not fit to be interfered with ..... impugned order declared the possession of thesecond party.4. mr. shiv nandan prasad singh appearing on behalf of the petitioner submits that the learned magistrate had committed the same error while declaring the possession of the second party and had not considered the document filed by the first party- ..... 5,500/- and since then they are in possession of the land.3. the learned magistrate by order dated 20-2-1997 declared the possession ofthe second party, petitioner aggrieved by the same preferred criminal revision no.258 of 1997 and this court by order dated 12th of october, 1999 allowed ..... her father-in-law and after partition in the family the land fell in the share of her husband jugeshar singh and after his death, she being the sole heir, inherited the same. her further case is that she is in possession of the land since then and .....
Tag this Judgment!Court : Patna
Decided on : Oct-13-2003
..... j.1. this is an application under sections 397 and 401 of the code of criminal procedure, 1973 (in short 'the code'). it is directed against the order dated 2.7.2001 passed by the sub-divisional judicial magistrate, gopalganj in tr. no. 1099/2001wherein and whereunder the learned magistrate was pleased to reject the petition filed on ..... against petitioner no. 1 who is totally outsider to the family of the parties. under law the learned sub-divisional judicial magistrate has legal obligation to take into consideration the documentary evidence produced on behalf of the petitioners in order to reach to the conclusion as to whether there was ..... the petitioners written arguments have also been filed. by order dated 5.10.2001 notice to opposite party no. 2 was issued to show cause as to why this petition should not be admitted or disposed of at the admission stage. by order dated 12.8.2002 this application was ..... the petitioners various documents were placed before the learned court below. from the impugned order, however, it nowhere appears that those documents were taken into consideration. it not even shows that the parties were heard even orally on the point of framing of charge. this is clear violation of the ..... stage which might fatally affect even the very sustainability of the case, it is unjust to suggest that no such material shall be looked into by the court at that stage. hence the ground may be any valid ground including insufficiency of evidence to prove the charge.'10. thus .....
Tag this Judgment!Court : Patna
Decided on : Oct-13-2003
..... intended it to be retrospective. for the sake of analogy reference may be made to section 366 of the criminal procedure code which provides for confirmation of death sentence by the high court. under that section a sentence of death cannot be executed unless it is confirmed by the high court and thus when the court ..... rights. the point which arises for consideration is whether the amendment in question brings about change in the procedural law or affects the vested right of the parties.5. at this stage section 17 of the act so far as relevant, may be quoted as under :'17. confirmation of decree ..... facie prospective unless it is expressly or by necessary implication made to have retrospective effect. it is also well settled that while amendment in procedural law has a retrospective operation, any amendment affecting vested rights takes effect prospectively unless there are words in the statute sufficient to show that ..... known whether the amendment has been brought into force by such notification. the above discussion is on the premise that necessary notification has been issued making the amendment effective from ..... the reference has become redundant or infructuous, must therefore be rejected.10. as a matter of fact, under section 1(2) of the amendment act, the amendment is supposed to come into force on such date as the central government may by notification in the official gazette appoint. it is not .....
Tag this Judgment!Court : Patna
Decided on : Oct-13-2003
..... intended it to be retrospective. for the sake of analogy reference may be made to section 366 of the criminal procedure code which provides for confirmation of death sentence by the high court; under that section a sentence of death cannot be executed unless it is confirmed by the high court and thus when the ..... existing rights. the point which arises for consideration is whether the amendment in question brings about change in the procedural law or affects the vested right of the parties.5. at this stage section 17 of the act so far as relevant, may be quoted as under : '17. confirmation of decree ..... facie prospective unless it is expressly or by necessary implication made to have retrospective effect. it is also well settled that while amendment in procedural law has a retrospective operation, any amendment affecting vested rights takes effect prospectively unless there are words in the statute sufficient to show that ..... not known whether the amendment has been brought into force by such notification. the above discussion is on the premise that necessary notification has been issued making the amendment effective from ..... the reference has become redundant or infructuous, must therefore be rejected.10. as a matter of fact, under section 1(2) of the amendment act, the amendment is supposed to come into force on such date as the central government may by notification in the official gazette appoint. it is .....
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