Patna Court April 2000 Judgments
Jaggarnath Mahto and ors. Vs. State of Bihar
Court: Patna
Decided on: Apr-18-2000
R.N. Prasad, J.1. The appellants have been convicted for the offence under Section 302/149 of the Indian Penal Code and sentenced to undergo imprisonment for life vide judgment and order dated 22.12.1986 passed by 2nd Addl. Sessions Judge, Bettina in S.T. No. 14/81.2. The occurrence took place on 2.8.1980. One Briksh Yadav gave his fardbeyan on the same day at about 7.30 a.m. that at about 4 a.m. he had taken his cattle for grazing. When he reached near his Held he saw that his brother was being assaulted by several persons with fist, slaps and lathi. He identified only 14 persons out of them. He protested on which they tried to assault him and as such he left his she-bufallo and went to his house. He disclosed about the occurrence to the villagers: He again along with Hardeo Rant, Bindeshwari Raut, Bhukhal Raut came and found Jawahir Ahir, Bhuti Raut, Hari Narain Raut at the place of occurrence. They disclosed that accused Amichand Mahto, Nathu Mahto and Jaggarnath Mahto took Chandra...
Tag this Judgment!Smt. Shashi Prabha Devi and ors. Vs. Smt. Krihna Devi and ors.
Court: Patna
Decided on: Apr-18-2000
R.N. Sahay, J.1. This appeal has been preferred by the plaintiffs against the judgment and decree of the 5th Additional Sessions Judge, Samastipur, dated 21st December, 1983, whereby the decree of the Munsif, Samastipur was reversed and the suit filed by the present appellants was dismissed.2. The plaintiffs Samir Kumar Prasad Karn and others brought a suit for declaration of their title and confirmation of possession and in the alternative recovery of possession over the suit land measuring 5 kathas 1 dhurs described in Schedule A of the plaint.3. The declaration was sought on the basis of following averments in the plaint:(a) Survey plot No. 1292 measuring 2 kathas 6 dhurs appertaining to khata No. 440 originally belonged to one Babuji Jha, who was the recorded tenant of the same. Babuji Jha died issueless leaving behind him two grand nephews Nand Kishore Jha and Bishwanath Jha, who came in possession of the said survey plot No. 1292.(b) Nandkishore Jha and Bishwanath Jha gave, surv...
Tag this Judgment!Amrendra NaraIn Singh and ors., Etc. Etc. Vs. State of Bihar and ors.
Court: Patna
Decided on: Apr-18-2000
Aftab Alam, J.1. This batch of writ petitioners relates to the matter of removal of encroachments in Lohanipur which is one of the most thickly congested quarters of this town where, over a long period of time, residential structures have been allowed to mushroom in a thoroughly unplanned and disorganized manner. There are no proper streets or lanes and there is o drainage system worth the name. During the monsoon months every year rain water with factual matter and all kinds of imaginable filth accumulates on lanes and by lanes and then enters into residential houses and stagnates there for days and weeks. People live there under sub human conditions. In fact, Lohanipur Mohalla is a glaring example of the Object failure of the agencies/bodies entrusted with the task of overseeing a planned and organized development of this town.2. It was in this background that under directions given by this Court in some P.I L.S. the Patna Regional Development Authority took up the difficult exercis...
Tag this Judgment!Alam Ansari @ Mohd. Alam Ansari and ors. Vs. State of Bihar
Court: Patna
Decided on: Apr-18-2000
A.K. Prasad, J.1. This criminal appeal, at the behest of the five appellants, is directed against the judgment dated 16.7.99 and order dated 19.7.99 in S.T. No. 612/96 passed by Sri R.P. Shrivastava, Addl. Judicial Commissioner, whereby and whereunder they have been convicted under Section 304B read with Section 34, I.P.C. and under Section 498A, I.P.C. and sentenced to R.I. for seven years and two years, respectively thereunder. However, the sentences have been ordered to run concurrently.2. Briefly put, the prosecution case as made out in the written report lodged by informant Israil Ansari on 19.3.96 is as under:Shaida Khatoon, the sister of the informant was married to appellant Alam Ansari, a resident of village Nagritika tola, within P.S. Ratu (district Ranchi) on 17.1.96. Appellant Saimun Khatoon @ Balkahi and xzmuddin Ansari and her parents-in-law while appellant Shakila @ Git a Khatoon and Babu @ Alam Ansari are the sister and brother, of her husband. On 17.3.96 Jasmuddin Ans...
Tag this Judgment!Zulekha Khatoon Vs. the State and anr.
Court: Patna
Decided on: Apr-18-2000
R.N. Sahay, J 1. The petitioner claiming to be the wife of opposite party No. 2 Rahinuddin Ahmad filed a petition on 19-10-1987 before the learned Chief Judicial Magistrate, Siwan, for grant of maintenance under Section 125, Cr.P.C. The learned Judicial Magistrate being satisfied from the evidence granted maintenance of Rs. 300/- per month to the petitioner and her minor daughter. Opposite party No. 2 disputed the marriage. The case of the petitioner was that the marriage was solemnized on 12-8-1986 at Naya Kila, Siwan where her relatives lived. At the time of marriage a Nikahnama was prepared which was duly signed by two witnesses. The petitioner also filed a Birth Certificate (Ex. 2) in which it was stated that the minor daughter was born on 12-10-1986 (sic) and opposite party No. 2 was the father of the girl.2. The petitioner examined four witnesses in support of her case. Opposite party No. 2 also examined four witnesses in support of his plea that the petitioner was not his legal...
Tag this Judgment!Durga Prasad Vs. Union of India (Uoi) and ors.
Court: Central Administrative Tribunal CAT Patna
Decided on: Apr-13-2000
(i) That the respondents may be directed to issue ex post facto sanction letter for the treatment of the eye of the applicant, namely removal of cataract and intra ocular implant and also defray expenses over treatment on submission of bill within a specified period; (ii) That the respondents may also be directed to issue ex post facto sanction for an attendant who accompanied the applicant. (iii) That the respondents may be directed to reimburse railway fare of the applicant and his attendant from Patna to Madras and back." 2. The applicant retired as Assistant Commissioner of Income Tax on 31.3.88. He was covered under Central Government Health Scheme as at Annexure-A/1 read with Annexure-A/2. He suffered from serious heart ailment and was treated in All India Institute of Medical Science, Bombay Hospital, Bombay and at Madras Appolo Hospital. He was also defrayed expenses for treatment at those places. It is stated that he suffered from Votreous Haemmorage in his right eye and was ...
Tag this Judgment!Balmiki Rajak Vs. State of Bihar and ors.
Court: Patna
Decided on: Apr-13-2000
Shiva Kirti Singh, J.1. Petitioner of this writ application filed under Article 226 of the Constitution of India is a retired Chief Head Warder, Jail. He seeks quashing of order dated 16.9.97 as contained in Annexure 10 by which the disciplinary authority has ordered for reduction of his pension. The petitioner also seeks quashing of the appellate order dated 8.6.98 contained in Annexure-12 by which his appeal against Annexure 10 has been rejected.2. Petitioner was appointed as a Warder on 14.8.1956 and retired as a Chief Head Warder on 30.5.95. In September 1987, the petitioner was put under suspension followed by a charge-sheet containing charges that related to the period when the petitioner was posted at Bhagalpur just before his transfer to Hazaribagh. Petitioner submitted his statement of defence in due course. The suspension was revoked in September 1988. In course of departmental inquiry, petitioner was furnished with relevant documents including report made against him to the...
Tag this Judgment!Nawal Kishore Sharma Vs. State of Bihar and ors.
Court: Patna
Decided on: Apr-11-2000
1. This writ application has been filed by the petitioner for quashing part of the order contained in letter No. 5179 dated 19th December, 1991 of the State Government issue under the signature of Deputy Secretary, respondent No. 2, by which a direction has been given to the Principal Chief Conservator of Forests to cancel the promotion given to Forest Guards to the post of Foresters on the basis that they have passed training examination with Honours.2. The facts necessary for disposal of the present writ application are that the petitioner was appointed as Driver. Later on, on 29.8.1986 the petitioner was appointed as Forest Guard and on 1.1.1987 he was sent for Forest Guard Training at Forest Training School, Mahilong at Ranchi. He completed the training and a certificate was granted to him. Thereafter, he was promoted to the post of Forester on 17th July, 1987 vide Annexure-7 to the writ petition.3. At this stage, it is to be mentioned that the post of Forester is filled up by dir...
Tag this Judgment!Bihar Rajya Panchayat Sevak Sangh and ors. Vs. State of Bihar and ors.
Court: Patna
Decided on: Apr-11-2000
Shiva Kirti Singh, J.1. This writ application under Articles 226 and 227 of the Constitution of India has been filed by Bihar Rajya Panchayat Sevak Sangh through its President and three other petitioners who are Panchayat Sevak. Petitioner No. 1 is a registered Association which seeks to maintain this writ application in representative capacity oil behalf of the Panchayat Sevaks in service under' the Panchayat Raj Act, 1947. The petitioners have prayed for issuance of appropriate writ or direction in the nature of mandamus commanding the respondent-authorities to grant to the Panchayat Sevaks pay-scale of Rs. 580-860 per month as replacement scale of Rs. 220-315 which has been granted to several employees, allegedly similarly situated as the-petitioners, as per recommendations of the 4th Pay Revision Committee and to further grant to the petitioners the revised scale of Rs. 1,200-1,800 per month as replacement scale of Rs. 580-860 as has been given to alleged similarly situated employ...
Tag this Judgment!Shyamdeo Prasad Vs. State of Bihar and anr.
Court: Patna
Decided on: Apr-10-2000
Indu Prabha Singh, J.1. This application in revision filed under Sections 397 and 401 of the Code of Criminal Procedure, 1973 (in short 'the Code') is directed against the order dated 28-6-1997 passed by Shri Narendra Kumar Srivastava, 5th Additional Sessions Judge, Siwan in Cr. Revision No. 215/95 by which the learned1/97 Additional Sessions Judge was pleased to set aside the judgment and order dated 1-7-1996 passed by Shri Chandra Bhushan Singh, Judicial Magistrate, First Class, Siwan in Misc. Case No. 13/94/Tr. No. 512/96 By his order the learned Judicial Magistrate granted maintenance at the rate of Rs. 300/- per month to apposite party No. 2 and also at the rate of Rs. 200/- per month to her son under the provisions of Section 125 of the Code.2. It appears that opposite party No. 2, Malti Devi wife of Shyamdeo Prasad (present petitioner) had filed an application under Section 125 of the Code before the Chief Judicial Magistrate, Siwan for grant of maintenance to her and also to h...
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