Patna Court April 1997 Judgments
Pulkit Purbey and ors. Vs. State of Bihar
Court: Patna
Decided on: Apr-02-1997
Onkar Narain Asthana, J.1. This is the criminal appeal against the judgment and order dated 29th February, 1988, whereby 3rd Additional Sessins Judge, Madhubani in Sessions trial No. 64/115 of 1980/ 83 held these accused-appellants guilty for the commission of the offence punishable Under Sections 147 and 307 read with Section 149 IPC;and awarded the sentence to undergo rigorous imprisonment for one year and for seven years respectively. Further the trial Court held the accused-appellant Jagdish Purbey guilty for the commission of the offence Under Section 379 IPC and awarded the sentence for one year rigorous imprisonment, and to run concurrently.2. Briefly the prosecution case is that in the morning on 26th June, 1979 the Informant Tripit Narain came to Madhubani to give Rupees one thousand to his brother Jitendra for his admission in M.Sc. at Patna, and there at Madhubani he come to know that his brother Jitendra had already left for Patna a day earlier on 25th June, 1979; this Inf...
Tag this Judgment!Pradip Ray Vs. State of Bihar and ors.
Court: Patna
Decided on: Apr-02-1997
D.S. Dhaliwal, J.1. This petition under Section 482 of the Code of Criminal Procedure is directed against the order dated 19.6.1993 passed by the Chief Judicial Magistrate. Bhagalpur in Complaint Case No. 477/93 whereby he took cognizance against the petitioner for an offence under Section 138 of the Negotiable Instruments Act.2. The case of the complainant (O.P. No. 2) is that the petitioner issued two cheques dated 8.1.1993 and 31.1.1993 both of which bounced on being presented in the Bank for payment. The complainant thereafter issued legal notice dated 7.4.1993 under registered post which the petitioner refused to accept vide endorsement dated 17.4.1993 (Annexure 4). The complainant (O.P. No. 2) thus filed a criminal complaint against the petitioner in the Court of Chief Judicial Magistrate on 19.6.1993 which led to passing of the impugned order.3. I have heard the learned Counsel for the petitioner and the A.P.P. for the State. No one has put in appearance on behalf of the compla...
Tag this Judgment!Janardan Pandey (Deceased) and anr. Vs. Karoo Pandey and anr.
Court: Patna
Decided on: Apr-02-1997
O.N. Asthana, J. 1. This is the first civil appeal against the judgment and decree of Sub-Judge 2nd, Gaya dated 26th November, 1979 in Original Suit No. 59 of 1977. By this judgment and decree the trial Judge decreed the suit of the plaintiff Karoo Pandey for partition awarding half share in the landed properties mentioned in Schedule B of the plaint. 2. The pedegree of the parties is as follows: Rangal Pandey (died in 1926) | ____________________________|___________________ | | | Binda Pandey (died in Shree Pandey (died in Karoo Pandey 1976) = Smt. Gulab 1974) | | Devi (died in 1950) | ______________|_______ | | | | Arjun Pandey Dayanand Pandey |_______________________ | | Janardan Pandey = Lalo Sumitra Devi Devi 3. Plaintiff Karoo Pandey pleaded the ease that father Ranglal Pandey and his three sons Binda Pandey, Shree Pandey and Karoo Pandey were living in the state of jointness, and Ranglal Pandey died in 1926 and his three sons Binda Pandey, Shree Pandey and Karoo Pandey lived ...
Tag this Judgment!Smt. Sarojini Bala Dasi Vs. Smt. Nirmala Devi and ors.
Court: Patna
Decided on: Apr-01-1997
N. Pandey, J. 1. This petition under Order XLVII, Rule 1 of the Code of Civil Procedure on behalf of the plaintiff is for review of the judgment dated 16th May, 1991 in Second Appeal No. 248 of 1985 whereby and whereunder a learned single Judge of this Court had set aside the judgment and decree of the first appellate Court as well as that of the learned Subordinate Judge, in Title Suit No. 56 of 1989. 2. The plaintiff claimed title on the basis of the purchase in the year 1963 from Duryodhan Khan who was a settlee of the property in suit. According to the plaintiff, Smt. Kamla Sundari Devi, wife of Duryodhan Khan was a benamidar of such property for her husband. On the other hand, the defendants had purchased the property from Hari Bala Dasi daughter of Kamla Sundari Devi some time in the year 1968. Admittedly, Kamla Sundari Dasi had only one daughter. 3. The learned Subordinate Judge, while disposing of the title suit as well as the Additional District Judge by his final judgmen...
Tag this Judgment!Ram Chandra Singh and ors. Vs. State of Bihar and ors.
Court: Patna
Decided on: Apr-01-1997
N. Pandey, J.1. This petition under Articles 226 and 227 of the Constitution of India was filed for an appropriate writ/order quashing the promotion of respondent Nos. 7 to 55 to the post of Inspector (Armed), Bihar Military Police as also Police Order No. 4/93 (Annexure-1) issued by the Additional Director General of Police (Armed). A prayer has also been made for a writ of mandamus commanding the respondents to promote the petitioners to the post of Inspector (Armed) in terms of the provisions of Rule 649 of the Bihar Police Manual ignoring the procedures prescribed by Police Order No. 4/93.2. Before going to the crucial contentions of the parties, it would be appropriate to notice that petitioners after obtaining permission of the Court had deleted the names of respondent Nos. 17 to 55 on 15.3.1995. Therefore, it will not be open to them to press this application for quashing of the promotion of those respondents.3. The petitioners were initially appointed as sepoys in the cadre of...
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