Patna Court August 2001 Judgments
indradev Jha and ors. Vs. State of Bihar
Court: Patna
Decided on: Aug-07-2001
B.N.P. Singh, J.1. All the appellants along with Tirthu Jha were tried for the offence punishable under Sections 307/149 of the Indian Penal Code (IPC) and also under Section 147, IPC. Appellant Chandradev Jha was tried also for the offence punishable under Sections 307/149 and 148 IPC. Though trial of Tirthu Jha also commenced with the appellants, however, on consideration of his minority, since he was triable by a Court established under the provisions of Juvenile Justice Act, the proceeding in respect of the said delinquent juvenile was segregated and his case was forwarded to the Chief Judicial Magistrate for passing appropriate order under the provisions of Section 7(2) of the Juvenile Justice Act.2. The trial Court on appreciation of evidences, found appellant Chandradev Jha guilty under Sections 307 and 148 of IPC and sentenced him to suffer rigorous imprisonment for ten years and three years respectively on these counts. Appellants Indradeo Jha, Jai Kumar Thakur and Markandey ...
Tag this Judgment!Branch Manager, New India Assurance Co. Ltd. Vs. Mohd. YasIn Khan and ...
Court: Patna
Decided on: Aug-06-2001
S.N. Pathak, J.1. This miscellaneous appeal is directed against the order dated 24.2.1994 refusing the prayer of the appellant to stay the realisation of amount of Rs. 50,000 attempted through realisation certificate issued from the Claims Tribunal.2. It was submitted on behalf of the appellant's lawyer that the Claim Case Nos. 5 of 1988 and 3 of 1991, pending before 3rd Additional District Judge-cum-Claims Tribunal, Bettiah (West Champaran). The matter was referred to the Lok Adalat. However, in the Lok Adalat the parties failed to come to terms, but later on it was scribed on the back of the order passed by the Lok Adalat that the insurance company (appellant) had agreed to pay Rs. 50,000 to the claimants who had preferred the claim case for compensation on account of the death of their kith and kin who was a passenger travelling in a bus. It was lastly submitted that the Lok Adalat did not pass a valid order, rather the order containing the so-called agreement was a forged one and,...
Tag this Judgment!Doma Chik Vs. Babu Chand Sah and ors.
Court: Patna
Decided on: Aug-06-2001
S.N. Pathak, J.1. This Second Appeal is directed against the judgment passed by the 6th Additional District Judge, Sasaram, in Title Appeal No. 33/86. The defendant of the Title Suit No. 6 of 1983 has preferred this appeal before this Court.2. The plaintiff Radha Sah whose heirs are respondents before this Court had filed the aforesaid suit seeking removal of encroachment of their land over Plot No. 194 as also from 196 which was a lane. The alleged encroachements were described as A.B.C.D. and B.L.H.G. respectively by the sketch map attached to the plaint.3. The case of the plaintiff was that his house stood on Plot No. 194 and on the southern portion of the plot he had left a Kolle-cum-Sehan for his personal use. To the immediate south of this Kolle there was a defendants' Plot No. 196 and to the immediate each of the housse of the parties there is a municipal lane over Plot No 195 and the water tap of the plaintiffs house passes through western edge of the municipal lane. The defen...
Tag this Judgment!Staish Chandra Kiran Vs. the Bihar State Electricity Board and ors.
Court: Patna
Decided on: Aug-06-2001
Radha Mohan Prasad, J.1. Initially, the writ petition was filed for quashing Office Order No. 2064 dated 10-5-1999, which has later been brought on record as Annexure-B to the counter-affidavit, initiating departmental proceeding against the petitioner and also the second show-cause notice, contained in Resolution No. 1595 dated 30th June, 2000 (Annexure-8), issued relating to the said proceeding. Later, by filing an interlocutory application the petitioner has also prayed for quashing Resolution No. 2350 dated 11 -10-2000 of the Board, which was brought on record as Annexure-A to the counter-affidavit awarding punishment forfeiting his pension and ordering for recovery of Rs. 1,97,937/- from his admissible dues and directing that he shall not be paid anything other than the subsistence allowance received by him during the period of suspension.2. In short, the case of the petitioner is that he was posted as Account Assistant in the Officer of the Electric Supply Sub-Division, Dhaka un...
Tag this Judgment!Sunil Kumar Pandey and anr. Vs. the State of Bihar and ors.
Court: Patna
Decided on: Aug-03-2001
S.N. Jha, J.1. These two cases, heard together, are disposed of by this common order. The petitioner of CWJC No. 8337/2001 has been transferred from Motihari to Bettiah on the same post of Anchal Adhikari in place of petitioner of CWJC No. 9168/2001 who has been transferred to Saraiya in Muzaffarpur district. Being himself aggrieved by the order he naturally supports the petitioner in CWJC No. 8337/2801 wherein he figures as respondent No. 9. Shanker Baitha has been posted in place of petitioner of CWJC No. 8337/2001 as Ancdhal Adhikari, Motihari. He is respondent No. 10 in the case and is the real contestant. The cases being connected were accordingly heard together.2. The case of the petitioners is that the impugned orders of transfer are violative of the transfer policy contained in Resolution No. 3918 dated 25-10-1980 of the Cabient Secretariat and Co-ordination Department which lays down the procedure of transfer and posting of the Government servants. The resolution provides for...
Tag this Judgment!Md. FakhruddIn Vs. State of Bihar and ors.
Court: Patna
Decided on: Aug-03-2001
Shiva Kirti Singh, J.1. The prayer made in this writ application is to quash the impugned order contained in Annexure-1 dated 30-3-2001 by which a punishment of withholding 10% of pension for a period of two years had been awarded to the petitioner, who is a retired Superintending Engineer of the Department of Water Resources, Government of Bihar.2. The relevant facts for decision in this case are that petitioner took charge as Superintending Engineer in Eastern Kosi Embankment Circle, Saharsa on 7-6-1996 and continued in charge till 3-2-1997. Therefore, in April 1998 a Flying Squad inspected some of the work sites which were previously under the charge of the petitioner during the periods mentioned above and made a report. On that basis, on 12-8-1998 a show-cause notice was given to the petitioner, a copy whereof has been annexed as Annexure-3. The charge pointed out in the show-cause notice was to the effect that 13 estimates had remained pending and were forwarded to the Chief Engi...
Tag this Judgment!Rohtas Zila Gram Raksha Dal Singh and Etc. Etc. Vs. State of Bihar and ...
Court: Patna
Decided on: Aug-02-2001
Aftab Alam, J. 1. Whether the legal position emerging from the, 73rd constitutional amendment, followed by the coming into force of the Bihar Panchayat Raj Act, 1993 (by which the Bihar Panchayat Raj Act, 1947 was repealed) allowed for appointment of Dalpaties (Head of the village volunteer force)? This is the common question arising for consideration in all the writ petitions and a letters patent appeal in this batch of cases. 2. 'The petitioners contend that appointment of Dalpaties could still be made after the 73rd constitutional amendment and the coining into force of the Bihar Panchayat Raj Act, 1993, at least, till 24-4-1997 when the Supreme Court by an order passed in a writ petition expressly stopped from functioning the Gram Panchayats which were supposedly in existence in this State on the basis of the elections held in the year 1978.3. On behalf of the State, on the other hand, it is maintained that after coming into force of the Bihar Panchayat Raj Act, 1993, no appointm...
Tag this Judgment!Vijay Kumar Sinha Vs. State of Bihar and ors.
Court: Patna
Decided on: Aug-02-2001
Shiva Kirti Singh, J.1. Heard the parties.2. Petitioner is aggrieved by orders of his suspension contained in Annexure-1 dated 22-12-2000 issued by the District Magistrate, Banka and its approval by the Director, Secondary Education contained in Annexure-6 dated 26-5-2001,3. From the materials on record, it is clear that a notice dated 8-12-2000 as contained in Annexure-2 was issued under the orders of the Commissioner-cum-Secretary, Primary, Secondary and Adult Education, Department, Government of Bihar containing examination programme for holding class 8 examination in different Government Schools of the State. The petitioner has been suspended on the allegation that he should not have held the examination in question as per programme contained in Annexure-2, rather he should have acted as per revised programme communicated to him/his school. The case of the petitioner is that no revised programme of examination was ever communicated to him or his school. On behalf of respondents, r...
Tag this Judgment!Smt. Kumari Devi and ors. Vs. Noor Mohammad Mian and anr.
Court: Patna
Decided on: Aug-02-2001
Someshwar Nath Pathak, J. 1. This Second Appeal isdirected against the judgment of the 1stAppellate Court passed on 17-7-86 In TitleAppeal No. 30/83. The appellants beforethis 13/86Court were the plaintiffs in the title suit No. 21/80. They had succeeded in the title suit, but in the appeal preferred by the defendant-respondents they were unsuited and, therefore, they have filed this appeal. 2. The case of the plaintiff-appellants in the lower Court was that his father Chhathu Mahto died on 13-12-78. However, defendant No. 1 obtained a sale deed in favour of defendant No. 2 in the name of plaintiffs father by setting up an impostor on 11-1-79 for the suit land for an area of 1 bigha 2 katha 2 dhurs. The alleged sale deed was forged and fabricated because the plaintiff's father was already dead. So, the plaintiff-appellant filed a suit for declaration of his title and want of title of defendants. It was further pleaded by the plaintiff-appellant that he had filed a title suit No. 15...
Tag this Judgment!Akloo Sahani and ors. Vs. State of Bihar
Court: Patna
Decided on: Aug-02-2001
B.N.P. Singh, J.1. Both Criminal Appeal Nos. 162 of 1990 and 190 of 1990 arise from the common judgment dated 11th May, 1990, rendered by Shri Jaleshwar Ram, erstwhile Additional Sessions Judge, Motihari, in Sessions Trial No. 205/56 of 1982, by which the appellants suffered conviction under Section 366 of the Indian Penal Code and were sentenced to undergo rigorous imprisonment for a term of four years each and also to pay a fine of Rs. 500/-, in default of which, they were to undergo further imprisonment for six months. However, sentence of imprisonment in default of fine would run consecutively. Both these appeals have been heard together and are being disposed of by this common judgment.2. Shortly after Asharfi Sahni (PW 4) returned to his house from Motihari, he learnt from his daughter-in-law about appellants having enticed away his grand daughter Kabutri Devi, aged about 12 years, on pretext of taking her to Vishnu Yaga, with an object to compel her marriage. The worried grandf...
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