Court : Patna
Decided on : Mar-10-2008
1. The insurer has preferred this appeal in terms of CI. 10 of the Letters Patent of the High Court of Judicature at Patna, and is aggrieved by the order dated 10-9-1999, passed in Misc. Appeal No. 517 of 1998 Ram Prasad Kushwaha v. Manoj Mandal and Ors., whereby the appeal at the instance of the owner of the vehicle (respondent Nos. 1 and 3 herein) has been allowed, and the insurer has been directed to pay the amount, of compensation to the claimants (respondent Nos. 5 and 6 herein) as per the direction In the judgment of the learned trial Court.2. Respondent NO. 2 herein (Manoj Mandal) was driving tractor No. BHJ 5889 (owned by respondent Nos. 1 and 3), and, on account of his rash and negligent driving dashed against lector No. BHJ 6036 driven by Nakul Yadav, aged about 21, years, who fell down in the adjoining ditch covered with water and died on the spot. Respondent No. 5 (Anil Kumar Yadav), and respondent No. 6 (Mosmat Sanju Devi), filed the application under Section 110 of the M...
Tag this Judgment!Court : Patna
Decided on : Sep-12-2008
Sudhir Kumar Katriar, J.1. This is a batch of 13 writ petitions under Article 226 of the Constitution of India, questioning the validity of the selection process of the Bihar Administrative Service First Limited Competitive Examination 2003 (hereinafter referred to as 'the Selection Process'), conducted by the Bihar Public Service Commission (hereinafter referred to as 'BPSC'). All the writ petitions (except Cr.WJC No. 583 of 2007 and CWJC No. 16093 of 2007) have been preferred by unsuccessful candidates, some of whom want cancellation of the selection process from the stage of the advertisement, some other want the selection process from the post-advertisement stage and fresh examination to be held, and still others want the selection process to be upheld and preparation of fresh merit list in accordance with law after excluding the charge-sheeted candidates. Cr.WJC No. 583 of 2007 has been preferred by the successful candidates and pray for the direction that the investigation may b...
Tag this Judgment!Court : Patna
Decided on : Aug-28-2008
Samarendra Pratap Singh, J.1. Heard learned Counsel for the petitioner and learned Additional public prosecutor for the State of Bihar.2. In the instant writ petition, the petitioner has prayed for a direction to the respondents to pay heavy compensation as he was detained for a period of two years and odd, over and above the sentence he was awarded under sections 379 and 411 of the penal code by the trial court, namely, Sub Divisional Judicial Magistrate, Bettiah, West Champaran.3. Short facts giving rise to this writ petition are as follows:- On the written report of one Rabindra Jha dated 7.3.2002, Bettiah Town ps case No. 94 of 2002 was registered for offences under sections 341, 323, 379, 411, 384/34 of the penal code. The informant alleged that on 7.3.2002 while he was going to deposit a sum of Rs. 1570/- collected from sale of attendance sheet of Bar Association, Bettiah, the accused petitioner and one unknown person snatched his money and a packet containing some forms. On hal...
Tag this Judgment!Court : Patna
Decided on : Mar-05-2008
Shyam Kishore Sharma, J.1. The instant appeal on behalf of Bagar Mahato and his son Ram Bharosa Mahato is against the judgment dated 7-8-1993 passed by the Sessions Judge, West Champaran, Bettiah in Sessions Trial No. 194 of 1989 whereby he held the appellant No. 1 guilty for committing offence under Section 326 of the Indian Penal Code and sentenced him to undergo rigorous imprisonment for seven years and a fine of Rs. 5,000/- (five thousand) and in default of payment of fine, he was ordered to undergo simple imprisonment for one year.2. P.Ws. 4 and 7 are ordered to be paid compensation at the rate of 1,500/- each. Appellant No. 2 was convicted under Section 379, I.P.C. and after being given benefit of Section 360, Cr. P.C. he was released on admonition.3. Fardbeyan of Mahanth Mahto (P.W. 7) is the basis of the prosecution case. His Fardbeyan was recorded on 8-1-1988 at 6 p.m. at M. J. K. Hospital, Bettiah in which he alleged that on 8-1-1988 at 1.00 p.m. Bagar Mahto armed with Gara...
Tag this Judgment!Court : Patna
Decided on : Sep-16-2008
Sudhir Kumar Katriar, J.1. The six appellants have preferred the six appeals arising out of a common judgment dated 22.2.1988, passed by the learned 2nd Additional Sessions Judge, Nalanda at Biharsharif, in Sessions Trial No. 258 of 1986/10 of 1987 (The State of Bihar v. Shailendra Mahton and five Ors.), whereby Arun Mahto alias Arun Kumar has been convicted under Section 302 of the Indian Penal Code. The remaining appellants, namely, Krishna Murari Mahton alias Krishna Murari Prasad, Shailendra Mahton alias Shailendra Prasad, Bahadur Mahto alias Interjit alias Inderjit Singh, Kaushlendra Prasad alias Kaushal Mahton, and Surendra Prasad alias Suli Mahton have been convicted under Section 302 read with Section 34 of the IPC. All the six appellants have been sentenced to undergo rigorous imprisonment for life.2. The prosecution case is that on 7.3.1986, at 10.45 A.M., the informant Budhram Prasad (P.W.6), along with deceased Vijay Yadav got into a Rajya Transport bus bearing No. BHY 135...
Tag this Judgment!Court : Guwahati
Decided on : Feb-13-2008
H. Baruah, J.1. Heard Mr. V. K. Jindal, learned Counsel for and on behalf of the appellant, M/s. Oriental Insurance Co. Ltd. and also heard Mr. H. Mongkhlaw, learned Counsel for and on behalf of the respondent.2. The appellant, M/s. Oriental Insurance Company Ltd. by presenting this instant appeal has challenged the legality and correctness of the judgment and order dated 28-5-2007 passed in MAC Case No. 13/2007 by the learned Member, MACT, Shillong.3. An accident took place at Ryngdang-briew under Umiam Police Station, Ri-Bhoi District on Guwahati Shillong Road of 24-12-2004 at 7-45 p.m. and in the said accident a Maruti Car being registration No. ML 05C-5768 belonging to respondent No. 1 herein got damaged on being hit by a Truck bearing registration No. TR IC-1592 belonging to respondent No. 2 herein. The owner, respondent No. 1 as claimant filed an application under Section 166 of the MV Act, 1988 seeking compensation for the damage caused to his vehicle from the insurer of the Tr...
Tag this Judgment!Court : Patna
Decided on : Jun-27-2008
Sudhir Kumar Katriar and Samarendra Pratap Singh, JJ.1. The instant Government appeal is directed against the judgment dated 18.6.1988, passed by the learned 2nd Additional District & Sessions Judge, Begusarai, in S.T. No. 107 of 1985/4 of 1988, whereby and where under he has acquitted Opposite Parties 1, 2 and 3, namely, Md. Akhtar @ Md. Kari, Md. Jamal @ Fakira and Md. Sanjat, charged under Sections 148 and 302 read with Section 149 of the Penal Code. A criminal revision was also filed at the instance of the informant to the same effect which has been tagged with the instant Government Appeal.2. The prosecution case, as made out in the Fardbeyan of Md. Abu Daud (P.W.6) of village Saidpur, P.S. Matihani, District Begusarai, recorded on 5.1.1984, at 9 P.M., by Shri B. Das, Officer Incharge Matihani P.S., Village Saidpur, in short is as follows:i) The informant stated that he along with his younger brother Md. Nadir Sah @ Jumma went to the place of co-villager Md. Mobin (P.W.4) to coll...
Tag this Judgment!Court : Mumbai
Decided on : Jan-25-2008
Reported in : 2008(2)ALLMR285; 2008(2)ARBLR321(Bom); 2008(3)BomCR217; 2008(3)MhLj54
D.Y. Chandrachud, J.1. In a petition under Section 9 of the Arbitration and Conciliation Act, 1996, two reliefs have been sought pending the commencement and conclusion of arbitral proceedings: (i) The appointment of a Receiver in respect of a plot of land which forms the subject matter of the dispute, with a direction to the Receiver to take possession and hand over possession to the Petitioner; (ii) An order of injunction restraining the Respondents from alienating or creating third party rights in respect of the plot. 2. Respondent Nos.1 to 7 are the legal heirs of Abdul Hafeez Khairulla Quraishi (Patrawala) who died on 31st July 2005. During his lifetime, the deceased entered into a Memorandum of Understanding of 9th June 2005 under which he is alleged to have agreed to transfer and assign his right title and interest in a plot of land at the Bandra Kurla Complex, bearing CTS No.4207, admeasuring 819.3 sq.mtrs. to the Petitioner. The deceased, the Petitioner and the Eighth Responde...
Tag this Judgment!Court : Mumbai
Decided on : May-05-2008
Reported in : (2008)110BOMLR1595
Bilal Nazki, J.1. Special Case No. 1 of 2000 was tried by the Sessions Judge, Pune, who was also a Special Judge for the Maharashtra Control of Organized Crimes Act. Seven accused persons faced trial for the offences under Sections 143, 147, 148, 302, 324 read with Sections 149 and 34 of the Indian Penal Code. They also faced trial for the offences punishable under Section 4 of the Arms Act and Sections 3(1)(i), 3(5) and 3(2) of the Maharashtra Control of Organised Crimes Act. By his judgment and order dated 30th April, 2002 of the learned Sessions Judge, all of them were convicted under Section 302 read with Section 149 of the Indian Penal Code and sentenced to imprisonment for life and to pay fine of Rs. 2,000/- each. They were also convicted for the offences punishable under Sections 143, 147 and 148 of the Indian Penal Code and sentenced to suffer R.I. for one year and fine of Rs. 200/- each. They were also convicted for the offence punishable under Section 4 read with Section 25 o...
Tag this Judgment!Court : Mumbai
Decided on : May-05-2008
Reported in : 2008(4)ALLMR133; (2008)110BOMLR1819
A.A. Kumbhakoni, J.1. Lord Siva in Guru Gita (Skanda Puranam) praises the Universal Guru thus:Gurur Brahma, Gurur Vishnu Gurur Devo Maheshwara Guru Saakshaat Parabrahma Tasmai Sree Gurave Namah.(Guru is Brahma, Guru is Vishnu and Guru is the God Siva. Guru verily is the Param Brahma -- the Supreme Being. I (Siva) salute that auspicious Guru). This is the reason why we Indians bow to Guru -- a TEACHER and place a teacher on a pedestal just below the parents. The character and conduct of a teacher is expected to be more like a `Rishi' and as loco-perentis. We will shortly refer to two Supreme Court judgements in this regard. 2. This occasion to remind ourselves of these expectations as to 'the status and dignity of a teacher' has arisen in view of this petition which is filed by a male teacher against whom such charges are held proved which allege Moral Turpitude and Misconduct by such teacher involving exhibition of immoral sexual behaviour towards girl students of the 1st respondent co...
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