Patna Court February 2002 Judgments
Ram Avtar Sah Vs. State of Bihar
Court: Patna
Decided on: Feb-28-2002
Indu Prabha Singh, J.1. The sole appellant has been convicted under Section 5(2) of the Prevention of Corruption Act, 1947 (hereinafter referred to as 'the Act') and sentenced to undergo rigorous imprisonment for one year with a fine of Rs. 200/- in default, to undergo simple imprisonment for one month. He has been further convicted under Section 161 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for one year. However, both the sentences have been ordered to run concurrently.2. The prosecution case, in short, is that the appellant Ram Avtar Sah was working as Amin in Survey-cum-Chakbandi operation (consolidation of holdings operation) which was going on in village Tetariya Bhiksharam P. S. Kateyan, Gopalganj. It has been stated that the complainant has some land in the same village and he contacted the appellant and asked him for entry of his name over his land, for which the appellant demanded Rs. 100/- as illegal gratification. Further the case of the compla...
Tag this Judgment!Smt. Basundhara Devi and anr. Vs. Ram Chandra Jha and ors.
Court: Patna
Decided on: Feb-27-2002
Radha Mohan Prasad, J.1. This appeal is directed against the judgment of affirmance passed in Title Appeal No. 2/96 by the 2nd Additional District Judge, Begusarai.2. The defendants are the appellants. Plaintiffs filed suit for declaration of title over the suit land measuring 8 dhurs of S.P. No. 3747 and for decree of injunction restraining the defendant-appellants and also Respondent, 2nd party from disturbing peaceful possession over the said land.3. The case of plaintiff-respondent No. 1 is that he purchased the suit land from one Tek Narain Jha and his son Dev Narain Jha, who are legal heirs of Uma Mishrain, the recorded tenant by virtue of registered sale-deed dated 28-5-1981 for a consideration of Rs. 2,000. His further case is that the husband of Uma Mishrain, Ishwari Jha had three brothers, namely, Parmeshwari Jha, Hanuman Jha and Bhawani Jha, out of them except Bhawani Jha all died issueless and he is purchaser of the suit land from the branch of Bhawani Jha, and that Thakk...
Tag this Judgment!Jagdeo Mahto and Five ors. Vs. the State of Bihar
Court: Patna
Decided on: Feb-27-2002
Indu Prabha Singh, J.1. Appellant No. 1 Jagdeo Mahto has been released on Probation of Offenders Act and has been directed to execute a bond of Rs. 2000/- to keep peace and tranquility for one year. Appellant No. 2, Banarsi Mahto and Appellant No. 3, Ram Sabuj Mahto have been convicted under Sections 325, 323 and 147 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for one year under Section 325 and six months under Section 323 and under Section 147 respectively. Appellant No. 4, Rabindra Mahto and Appellant No. 6, Daso Mahto have been convicted under Sections 324 and 148 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for one year under Section 324 and also under Section 148 of the Indian Penal Code. Appellant No. 5 Ramdeo Mahto has been convicted under Section 148 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for one year.2. The prosecution case briefly stated is that on 11.8.1988 at about 7 A.M. while the info...
Tag this Judgment!Aghanu Khatway and ors. Vs. Srimati Devi and ors.
Court: Patna
Decided on: Feb-27-2002
Radha Mohan Prasad, J.1. This appeal is directed against the judgment of affirmance passed in Title Appeal No. 49/95 by the 2nd Additional District Judge, Darbhanga.2. The defendants are the appellants. Plaintiff-respondents filed suit for declaration of title and confirmation of possession over the suit property mentioned in Schedule. II and in alternative if they are found dispossessed from the suit land a decree for recovery of possession for the same be passed and mesne profit be awarded since the date of illegal dispossession and also for restraining the defendant-appellants from interfering with the possession.3. The C.S. land stood in the name of Khubi Suri and Gokul Suri. The case of the plaintiffs is that on 23-2-1921 Khubi sold it to Makhu and on 16-5-1938 Makhu sold it to father/grand-father of the plaintiffs vide Exhibits-1 & 1/A. According to the defendants' case Khubi and Gokul sold the suit land to one Kanchan on 2-9-1914 and Kanchan sold to the ancestors of the defenda...
Tag this Judgment!Ashok Kumar and ors. Vs. State of Bihar and ors.
Court: Patna
Decided on: Feb-27-2002
R.S. Garg, J.1. This order shall dispose of the following C.W.J.C. No. 10836 of 2001, C.W.J.C. No. 11979 of 2001, C.W.J.C. No. 739 of 2001, C.W.J.C. No. 1056 of 2001, C.W.J.C. No. 10155 of 2001, C.W.J.C. No. 10690 of 2001, C.W.J.C. No. 11265 of 2001, C.W.J.C. No. 11434 of 2001, C.W.J.C. No, 11449 of 2001, C.W.J.C. No. 13048 of 2001 and C.W.J.C. No. 13455 of 2001.2. The grievance of the writ petitioners are (1) that their applications for grant of new licence have been rejected by the communication/order, which are bereft of the reasons (2) their licences of saw mill have been suspended (3) their applications for renewal of the licences have been turned unceremoniously. In some of the cases, it is also contended that applications for grant/renewal of the licence have not been decided at all.3. Learned Counsel for the State, Mr. V.N. Sinha, G.P, 9 and Mr. R.K. Dutta, S.C. 4 submit on the strength of a report of the committee that the State came to the conclusion that a particular number...
Tag this Judgment!Shri Ramjee Roy and anr. Vs. State of Bihar and ors.
Court: Patna
Decided on: Feb-26-2002
R.N. Prasad, J.1. In both the cases similar questions of law and facts are involved. They have been heard together and are being disposed of by this judgment and order.2. Petitioners are Incharge Head Master and Head Master of Nationalised school, namely, Nathuni Bhagat High School and Unsar High School respectively. They have filed writ petitions for quashing the order dated 21-1-2002 issued under the signature of District Education Officer, Muzaffarpur, Annexure-1, whereby registration of some of the students of the schools has been cancelled and also the order dated 19-1-2002 issued under the signature of Secretary of Bihar School Examination Board, hereinafter to be referred as the Board, intimating cancellation of registrntion of the students and forfeiture of fees deposited for their registration, Annexure-2.3. The case of the petitioner in C.W.J.C. No. 1594/2002 is that registration fees and forms of 325 regular students, 172 private students and 50 ex-students total 547 were ...
Tag this Judgment!Krishna Kumar Singh Vs. Smt. Vidya Devi ors.
Court: Patna
Decided on: Feb-25-2002
Radha Mohan Prasad, J.1. This appeal is directed against the order dated 25-11-1999 passed by Subordinate Judge XI, Patna in Misc. Case No. 3/98 arising out of Title Partition Suit No. 431 of 1995 which the petition under Order IX, Rule 13 C.P.C. has been rejected.2. The Title Partition Suit No. 431 of 1995 was filed by Respondent No. 1, namely, Smt. Vidya Devi for declaration of exclusive title and possession over the property mentioned in Schedule III of the plaint by virtue of oral partition and further for passing of preliminary decree of partition of half share in respect of the property mentioned in Schedule I of the plaint and also for partition of half share of the property mentioned in Schedule II of the plaint. The abovementioned suit was decreed ex parte against defendant Nos. 1 to 5, 9 & 10. Defendant Nos. 6, 7, 8, 11 & 12, though appeared but, did not file any written statement, despite service of notice on all. However, according to the defendant appellant he had no kno...
Tag this Judgment!Sitaram Chhaparia and ors. Vs. State of Bihar and ors.
Court: Patna
Decided on: Feb-25-2002
1. This petition was filed as a Public Interest Litigation by five persons residents of localities which are contiguous to each other namely Rajendra Nagar and Raj Kishore Complex, Kankerbagh. Of the five petitioners, one of them is a retired Engineer-in-Chief. Road Construction Department, a Chief Engineer, Bihar State Electricity Board and another a retired official of the Bihar State Finance Corporation and yet others are an advocate of the Patna High Court and a retired District and Sessions Judge.2. The petitioners are aggrieved by an industrial unit which has been set up by one Messrs Kushal Tyre Udyog Private Limited, respondent No. 7, in Rajendra Nagar.3. On facts there is no issue and accepted between the petitioners and the respondent alike. The respondent No. 7 i.e. the management of the industrial unit, as of date has not filed any counter affidavit. It has permitted the proceeding to go on and taken a ring side seat to watch what goes on in Court. Today, it is being expl...
Tag this Judgment!Kumar Raju Vs. Smt. Reeta Kumari
Court: Patna
Decided on: Feb-21-2002
Nagendra Rai, J. 1. This appeal is directed against the order dated 8-11-2001 passed by the learned Single Judge in Miscellaneous Appeal No. 462 of 2001 holding that the Miscellaneous Appeal is not maintainable against the order dated 4th July, 2001 passed by Addl. District Judge IIIrd, Begusarai dismissing the petition filed under the Hindu Marriage Act (hereinafter referred to as the Act) for decree of divorce under Section 13 of the Act.2. The appellant filed a petition for grant of decree of divorce being Divorce Case No. 2 of 1997/14 of 2000, under Section 13 of the Act against the opposite party, his wife. The said petition was dismissed on 4th July, 2001 as stated above. However permanent alimony and cost was awarded while dismissing the aforesaid petition.3. The Stamp reporter raised objection on 12-10-2001 that the First Appeal is maintainable and not the Misc. Appeal as the order passed under Section 13 of the Act either granting a decree for divorce or refusing the same is ...
Tag this Judgment!Poorvanchal Caterers Vs. Union of India (Uoi) and ors.
Court: Patna
Decided on: Feb-21-2002
R.S. Garg, J.1. The appeal was finally heard at the admission stage with the consent of the parties.2. The appellant/petitioner being aggrieved by order dated 4-1-2002 passed in C.W.J.C. No. 65 of 2002 has filed this Letters Patent Appeal to impugned the correctness, validity and propriety of the said order.3. The facts in a nutshell are that the appellant/petitioner was granted a licence for pantry car regarding Train No. 5205 Up/5206 Dn, under the policy of 1992 of the Indian Railways. Undisputedly, the respondents have substituted the 1992 policy by Catering Policy of 2000, circulated by Commercial Circular No. 58 of 2000, dated 20-12-2000. The grievance of the petitioner/appellant is that in accordance with paragraph 14.10 of the new policy, the petitioner/appellant is entitled to renewal in hisfavour for a period up to October 2005 but contrary to the said policy (para 14.10) the respondent-administration has issued letter dated 19-12-2001 (Annexure 16 to the petition) under the ...
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