Patna Court October 1999 Judgments
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Ram Pravesh Singh Vs. Sudama Devi and ors.
Court: Patna
Decided on: Oct-08-1999
P.K. Deb, J. 1. This appeal has been preferred against the judgment arid decree passed by the 1st Sub-Judge, Rohtash at Sasaram in Matrimonial Suit No. 7 of 1991. 2. The appellant as plaintiff filed the above mentioned suit for a decree as contemplated under Section 13 of the Hindu Marriage Act and it was contended by the plaintiff that the marriage was solemnised between the two about seven years prior to the filing of the petition for divorce and after one year Diragaman was made and soon after the respondent-wife Sudama Devi came to the matrimonial home. It could be detected that she was not behaving properly not only with the family members of the plaintiff-appellant but also with him. She was not a loyal wife as she was having illicit relationship with various other persons. Names of three persons were mentioned in the divorce petition itself. It was further alleged that she used to go out of the matrimonial home during the night hours withoutthe permission of the husband and th...
Ram Lakhan Thakur and anr. Vs. Raghunandan Thakuar and ors.
Court: Patna
Decided on: Oct-07-1999
Radha Mohan Prasad, J.1. This first appeal arises out of judgment and decree passed in Title Suit No. 589 of 1974 by learned Subordinate Judge, Gopalganj in which plaintiff-Respondents No. 1 & 2 claimed for carving out their l/4th share in the property scheduled at the foot of the plaint spread in three schedules. The appellants and Respondents 3 to 44 were the defendants.2. In this appeal, upon the death of appellant No. 2 and Respondent Nos. 10, 12, 17, 26, 27 and 28 a composite petition (Flag O) under Order XXII, Rules 3/4 of the Code of Civil Procedure and Section 5 of the Limitation Act was filed seeking substitution of their legal heirs after condoning the delay, if any, and setting aside the abatement. The said petition came up for orders' for removing the defects and on undertaking of the learned Counsel, the Court vide order dated 6-4-1995 granted two weeks peremptory time to remove the defect, otherwise it was directed that the said petition shall stand rejected without fur...
Dhan Bahadur Lamba and ors. Vs. State of Bihar
Court: Patna
Decided on: Oct-06-1999
B.P. Sharma, J.1. The present appeal has been filed on behalf of the seven appellants, who have been convicted under Section 23 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter to be referred to as the 'Act'). They have also been sentenced to undergo R.I. for 11 years each and also to pay a fine Rs. 1,00,000 (Rupees one lakh) each and, in default to undergo further imprisonment for one year each. The appeal was originally filed as Jail Appeal and the notice could not be given to the Central Government, but subsequently, the Counsel of the Central Government was informed and the brief was handed over to him and Shri Jawahar Prasad Karn, Advocate was heard. Appearance was also subsequently filed on behalf of appellants and Mr. Syed Faiz Hussain was heard for the appellants. 2. The prosecution story is like this: On a secret information by the informant, the Assistant Collector (Customs), Raxaul formed a preventive party under his leadership alongwith staff of dif...
Saheed Mian and ors. Vs. State of Bihar
Court: Patna
Decided on: Oct-06-1999
R.N. Sahay, J.1. In Sessions Trial No, 109 of 1987 on the file of 2nd Additional Sessions Judge, West Champaran, Bettiah, six persons were placed on trial to answer the charges under Sections 366A/109 and 376/109 of the Indian Penal Code. Accused Karmullah Ansari and Salim Mian were acquitted by the trial Court and remaining four accused-persons were convicted of the charges framed against them.2. In Cr. Appeal No. 334 of 1989 appellants are Zazul Mian @ Azzul Mian and his mother Raisani @ Raisan of village Tituhiya P.S. Sikarpur in the district of West Champaran. In Cr. Appeal No. 274 of 1989, the appellant is Munir Mian of village Telpur P.S. Lauria in the district of West Champaran. In Cr. Appeal No. 242 of 1989, appellant in Saheed Mian of village Baswariya P.S. Chautarba in the district of West Champaran. Saheed Mian, is the son of Salim Mian, who was acquitted by the trial Court.3. On 31-5-1986, Shobha Kumari daughter of Ram Brichh Pandey of village Tutuhia disappeared from her...
Saheed Mian and Etc. Vs. State of Bihar
Court: Patna
Decided on: Oct-06-1999
R.N. Sahay, J.1. In Sessions Trial No. 109 of 1987 on the file of 2nd Additional Sessions Judge, West Champaran, Bettiah, six persons were placed on trial to answer the charges under Sections 366A/109 and 376/109 of the Indian Penal Code. Accused Karmullah Ansari and Salim Mian were acquitted by the trial Court and remaining four accused persons were convicted of the charges framed against them.2. In Cr. Appeal No. 334 of 1989 appellants are Zazul Mian alias Azzul Mian and his mother Raisani alias Raisan of village Tituhiya, P.S. Sikarpur in the district of West Champaran. In Cr. Appeal No. 274 of 1989 the appellant is Munir Mian of village Telpur, P.S. Lauria in the district of West Champaran. In Cr. Appeal No. 242 of 1989 appellant is Saheed Mian of village Baswariya, P.S. Chautarba in the district of West Champaran. Saheed Mian is the son of Salim Mian, who was acquitted by the trial Court.3. On 31-5-1986 Shobha Kumari daughter of Ram Brichh Pandey of village Tutuhia disappeared fr...
Mahesh Karmali Alias Ramesh Karmali and anr. Vs. State of Bihar
Court: Patna
Decided on: Oct-06-1999
D.N. Prasad, J.1. Both the criminal appeals were heard together as they arise out of the same judgment of conviction and sentence, passed in Sessions Trial No. 128/ 94 whereby the learned Addl. Sessions Judge, Hazaribagh convicted the appellants under Sections 376 and 380, I.P.C. and both the appellants were sentenced to undergo rigorous imprisonment for ten years under Section 376, I.P.C. and two years' rigorous imprisonment under Section 380, I.P.C. Both the sentences were ordered to run concurrently. Both the appeals are being disposed of by this common judgment.2. The case of the prosecution in a nutshell is that the informant, Parvati Devi after the death of her husband was working as labourer in the Sirka Colliery of C.C.L. and was living in a quarter of the colliery situated at Argada with her ten years old son Rakesh Kumar. It is alleged that in the night of 25-8-93 when the informant and her son were sleeping in the quarter at about 10.30 p.m., accused Gouri Paswan came and a...
Atma Nand Sinha Vs. State of Bihar and ors.
Court: Patna
Decided on: Oct-06-1999
P.K. Sarkar, J.1. This writ application has been filed for an order/ direction to the respondents to add the period of service of the petitioner while he was posted as an Assistant Teacher in S.S. High School, Baghmara (Dhanbad) for drawing full pension along with other relief/ reliefs for which the petitioner was found entitled.2. The brief facts leading to this application are as follows: The petitioner was initially appointed on 1-11-1957 at S.S. High School, Baghmara (in short 'School-1') as an Assistant Teacher and since then he was in regular service without any stigma till 31st December, 1970. The petitioner's service was also approved by the Sub-Divisional Education Officer, Baghmara (Katrasgarh) vide his Memo No. 213/3-A-N-61, Katrasgarh dated 31st January, 1962 (Annexure-1). The aforesaid School was given opening permission and permanent recognition by the Secretary, Secondary Education Board, Bihar, Patna vide his letter No. 15192/96 Patna dated 31st August, 1961 and Memo ...
Dhan Bahadur Lamba and ors. Vs. State of Bihar
Court: Patna
Decided on: Oct-06-1999
B.P. Sharma and M.L. Visa, JJ.1. The present appeal has been filed on behalf of seven appellants, who have been convicted under Section 23 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter to be referred to as the 'Act'). They have also been sentenced to undergo R.I. for 11 years each and also to pay a fine of Rs. 1,00,000/- (Rupees one lac) each and, in default, to undergo further imprisonment for one year each. The appeal was originally filed as Jail Appeal and the notice could not be given to the Central Government, but subsequently, the Counsel of the Central Government was informed and the brief was handed over to him and Sri Jawahar Prasad Karan, Advocate was heard. Appearance was also subsequently filed on behalf of appellants and Mr. Syed Faiyaz Hussain was heard for the appellants.2. The prosecution story is like this:On a secret information by the informant, the Assistant Collector (Customs), Raxaul formed a preventive party under his leadership along...
Krishna Kumari Verma and anr. Vs. State of Bihar and ors.
Court: Patna
Decided on: Oct-05-1999
S.K. Katriar, J.1. This writ petition under Articles 226 and 227 of the Constitution of India at the instance of the two petitioners is directed against the order dated 19-12-92, passed by the learned SDJM, Bikramganj at Sasaram, in Special Case No, 40/93, arising out of Bikramganj P.S. Case No. 188/92, whereby cognizance has been taken of the alleged offences under Sections 499 and 504, I.P.C., Sections 5(b) and Section 7(g) of the Protection of Civil Rights Act, 1955 (hereinafter referred to as 1955 Act), as well as and Section 3(x) and 4 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as 1989 Act), and the petitioners have been summoned to stand their trial.2. According to the allegations in the FIR, petitioner No. 1 was at the relevant point of time posted in the Girls School, Bikramganj, and her husband, petitioner No. 2, was posted as a Junior Engineer at Bikramganj for about ten years. Petitioner No. 1 has been treatin...
Kalika Prasad Vs. State of Bihar
Court: Patna
Decided on: Oct-05-1999
Narendra Narayan Singh, J.1. This Criminal Appeal No. 122 of 1991 is directed against the judgment of conviction and order of sentence passed on 27-2-1991 in Sessions Trial No. 621 of 1989 by which 2nd Addl. Sessions Judge, Muzaffarpur convicted the appellant Kalika Prasad under Section 23 of the Narcotics Drugs and Psychotropic Substances Act (hereinafter referred as the Act) and sentenced him to undergo rigorous imprisonment for ten years and also to pay a fine of one lakh and in default to pay fine, to undergo further R.I. for six months.2. Prosecution case in brief is that on 26-10-88 on getting secret information, Customs staff of Muzaffarpur intercepted this appellant at Bairia Bus Stand and on search of his person, 350 grms. of brown sugar (Heroin) valued at Rs. 7,50,000 was recorded from his 'Langotia'. Further, the case of prosecution was that the statement of this appellant was recorded under Section 107 of the Customs Act before two independent witnesses and the accused wa...
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