Patna Court July 2002 Judgments
Sri Umesh Kumar and ors. Vs. Vijay Kumar Singh and ors.
Court: Patna
Decided on: Jul-31-2002
S.N. Jha, J.1. The dispute in this batch of four writ petitions is common and as such they are disposed of by a common order. The dispute relates to regularization of the petitioners under the Bihar State Housing Board (in short, 'the Board'). The petitioners seek quashing of the office order of the Board, contained in Memo No. 1631 dated 8.5.2002, by which their services have been terminated. They further seek direction to regularize their services in the work charged establishments on the posts of Chaukidarand Typist-cum-Clerk respectively. There are 14 petitioners in all. Out of them 13 petitioners of CWJC Nos. 6395, 6749, 7432 of 2002 were working on the post of Chaudkidar while the sole petitioner of CWJC No. 8259/2002 was working on the post of Typist-cum-Clerk.2. The representative facts may be noticed from CWJC No. 6395 of 2002. The case of the petitioners is that they were engaged as Chaukidar under the Board on daily wages in 1980-81. According to them 342 persons in all wer...
Tag this Judgment!Subodh Mahto and ors. Vs. State of Bihar
Court: Patna
Decided on: Jul-31-2002
M.L. Visa, J.M.1. Both these appeals arise out of same judgment and order dated 29.8.1987 passed by 14th Additional Sessions Judge, Munger in Session Trial No. 216 of 1985 and, therefore, they have been heard together and are being disposed of by this common judgment.2. All the appellants of both the appeals have been convicted and sentenced to undergo rigorous imprisonment for life under Section 302/34, Indian Penal Code.3. The case of prosecution, as stated in the fardbayan (Exhibit 3) of informant Raj Kumar Sao (PW1), in short, is that on 10.1.1985, the informant and his villager Singho Paswan (PW 3) at about 11 a.m. were standing by the side of metalled road of their village. At that time, the deceased Jageshwar Prasad Mehta was coming from Piro market. He had a bag carrying sugar and he requested the informant to carry the bag to his house. Informant took the bag from him and, thereafter, the informant, deceased and Singho Paswan, all proceeded for village Gari Bishanpur where th...
Tag this Judgment!Bibi Ajarsan and ors. Vs. Gayasuddin
Court: Patna
Decided on: Jul-31-2002
Radha Mohan Prasad, J.1. This appeal, at the instance of defendants 1 to 3, is directed against the judgment of reversal passed by the 2nd Additional District Judge, Gopalganj, in Title Appeal No. 3/95, 129/95, decreeing the suit of the plaintiff to the extent that the plaintiff respondent has been declared entitled to 1/3rd share in Schedules 1 and 2 property.2. The suit was filed by Raufan, the original plaintiff. Her husband Rabeddin was Defendant No. 4 and after his death, their son Gayasuddin was finally substituted in her place by transposition as the sole plaintiff. The suit was filed for partition claiming 1/3rd share in the property described in Schedule 1 and Schedule 2 of the plaint. The genealogy as given at the foot of the plaint is as under: Rajbali Mian _________________________________________________________________________________ | | Sk. Saheb Hussain SK. Gulam Hussain Sk. Mohammad=Most. Reshmi =Most Hamidan =Baharni ______________________________ Basiran Jasiran |...
Tag this Judgment!Baban Lal and ors. Vs. Collector and ors.
Court: Patna
Decided on: Jul-31-2002
Radha Mohan Prasad, J.1. This appeal by the plaintiffs is against the judgment of reversal passed in Title Appeal No. 22 of 1992 by VIth Additional District Judge, Siwan setting aside the judgment passed by Subordinate Judge I, Siwan in Title Suit No. 34 of 1985.2. Briefly stated the case of the plaintiff-appellants is that Mangani Lai, Jurhawan Lai and Muneshwar Dayal, the heirs of ex-landlord, settled 1 Bigha 13 katha 1 1/2 dhurs of land out of 2 Bigha 4 Katha 2 dhurs pertaining to plot No. 169 khata No. 689 with the plaintiffs in the year 1339 Fasli corresponding to calendar year 1932 A.D. and on the abolition of zam/ndar/submitted return in the name of plaintiffs, resulting in opening of Jamabandi in their name and they had been paying rent to Government of Biharwith respect of aforementioned land. The remaining 11 katha 10 dhurs land was settled with the plaintiffs on 18.11.1945 after execution of Hukumnama by Mathura Prasad Singh, son of ex-landlord Jodhan Prasad Singh and a pra...
Tag this Judgment!Sheo Shankar Prasad Sinha Vs. State of Bihar and ors.
Court: Patna
Decided on: Jul-31-2002
1. The Court does not find any error in the order of the learned Judge dated 28th June, 2002 on C.W.J.C. No. 276 of 2002, Doman Sao v. State of Bihar in relegating the parties to the trial Court on the additional evidence which has been produced by the respondent before the appellate Court. It is only fair that if any additional evidence was permitted at the appellate stage, the opposite party should have a fair opportunity to meet that evidence before the trial Court. 2. As there is no error in the order of the learned Judge on the writ petition, this appeal is dismissed....
Tag this Judgment!Ramdas Dhanuk and ors. Vs. State of Bihar
Court: Patna
Decided on: Jul-31-2002
M.L. Visa, J.1. In this appeal before us all the five appellants have been convicted and sentenced to undergo rigorous imprisonment for life also to pay a fine of Rs. 2000/- each or in default, to undergo further rigorous imprisonment for a period of one year under Section 302/34 of the Indian Penal Code (in short, 'IPC') by judgment and order dated 18.8.1997 passed by Additional Sessions Judge IX, Patna, in Sessions Trial No. 97 of 1985.2. The case of prosecution as stated in the fardbayan of informant Sakal Dhanuk (not examined on account of his death) in short, is that on 20.4.1984 at about 1.30 p.m. informant was working in his khalihan situated 50 yards north of his house in his village Ajgara Imayatpur, PS Nadaur, District Patna. At that time his minor son Anil Dhanuk aged about 8 years went to drink water at the boring of appellant Ramdas Dhanuk situate at a distance of 50 yards in north east corner from the khalihan of informant when all the appellants caught hold of Anil Dhar...
Tag this Judgment!Chandradip Rai and ors. Vs. Md. Tahir Ansari and ors.
Court: Patna
Decided on: Jul-31-2002
R.M. Prasad, J.1. This appeal by the plaintiffs is against the judgment of reversal passed in Title Appeal No. 42 of 1994 by 2nd Additional District Judge, Vaishali at Hajipur, setting aside the judgment passed by Subordinate Judge III, Vaishali at Hajipur in T.S. No. 198 of 1982.2. Briefly stated the case of the plaintiff-appellants is that plaintiff Nos. 2 & 3 are sons of plaintiff No. 1 and all the plaintiffs constitute a joint Hindu Mitakshra family of , which plaintiff No. 1 is Karta. Defendant No. 1 sold 5 dhurs of land of his own share to the plaintiffs mentioned in Scheduled-I & II of the plaint vide two sale deeds (Exhibits-6 & 6/A) one in the name of plaintiff No. 2 for 2 1/2 dhurs and the other in the name of plaintiff No. 3 for another 2 1/2 dhurs for a consideration of Rs. 15,000/- each. After adjustment and advance made to defendant No 1 a sum of Rs. 5,000/-was only left of be paid to him with the agreement that plaintiffs would pay the same at the time of exchange of eq...
Tag this Judgment!Md. Sabir HussaIn and ors. Vs. the State of Bihar and ors.
Court: Patna
Decided on: Jul-31-2002
S.K. Katriar, J.1. Heard learned Counsel for the petitioners, and learned Government Pleader No. VII for respondent Nos. 1 to 4.2. This writ petition is directed against the order dated 28.5.2001 (Annexure-4), passed by the learned Collector, Muzaffarpur in Case No. 26 (Misc.) 1998-99 Ganesh Choudhary v. Md. Sabir Hussain and Ors. whereby he has directed the Anchai Adhikari of Katra and Anchai Adhikari, Aurai, to remove the encorachments at the instance of the present petitioners on the land in question.3. This relates to proceeding under the Bihar Privileged Persons Homestead Tenancy Act (hereinafter referred to as 'the Act') and is with respect to Khesra No. 2102, Khata No. 511, covering an area of 2 decimals situate at village Barhar, with respect to which Basgit Parcha was issued in favour of respondent No. 5 (Ganesh Choudhary). According to the writ petition, respondent No. 5 had filed an application in terms of the Act for issuance of Basgit Parcha with respect to the land in qu...
Tag this Judgment!Kalawati Kuer Vs. Srinivas Singh and ors.
Court: Patna
Decided on: Jul-30-2002
Ashok Kumar Verma, J.1. The appellant-claimant has filed this appeal against the order dated 11.12.1998, passed under Section 140 of Motor Vehicles Act by the District Judge-cum-Motor Accidents Claims Tribunal, Sasaram, in Motor Vehicle Claim Case No. 11 of 1998, whereby the learned District Judge-cum-Motor Accidents Claims Tribunal has dismissed the petition of the claimants under Section 140 of the Motor Vehicles Act.2. It was argued by the learned lawyer for the appellant that the vehicle was insured with the New India Assurance Co. Ltd., Branch Office, Sasaram and, therefore, the insurance company is liable to pay the interim compensation under Section 140 of the Motor Vehicles Act. The contention of the learned lawyer for the respondent, the New India Assurance Co. Ltd., was that the vehicle involved in the accident was a tractor which was insured for the agricultural purposes and it was not permissible for the owner of the tractor to carry any passenger on it. It was submitted ...
Tag this Judgment!Krishna Bihar Pandey and ors. Vs. State
Court: Patna
Decided on: Jul-30-2002
B.N.P. Singh, J.1. On being tried by the 1st Additional Sessions Judge, Buxar, while Din Dayal Pandey, Nirmal Kumar Pandey and Narain Pandey suffered conviction under Section 302 of the Indian Penal Code, (IPC) simpliciter, for causing death of Ashok Pandey, appellant Krishna Bihari Pandey suffered conviction under Section 302/34, IPC and ail the appellants were sentenced to suffer rigorous imprisonment for life on these Counts. Though Din Dayal Pandey, Nirmal Kumar Pandey and Narayan Pandey suffered conviction also under Section 27 of the Arms Act, no sentence was awarded to them on that count.2. At the outset, I may refer the salient features of the prosecution case centering round the incident in question. The factual matrix are that in the early hours of 7.45 a.m. of 27th November, 1989 while Ramadhar Pandey, Jagdish Pandey and Ram Nath Pandey were gossiping about election matter, at the door of the house of Ramashray Pandey, they noticed Surya Narain Sharma holding revolver, Bipi...
Tag this Judgment!- ‹ Prev
- 2
- 3
- 4
- 5
- 6
- Next ›
- Last »