Patna Court September 2002 Judgments
Sri Asharfi Prasad Singh and ors. Vs. the State of Bihar
Court: Patna
Decided on: Sep-06-2002
M.L. Visa, J.1. This appeal is directed against the judgment and order dated 1.12.1987 passed by IInd Additional Sessions Judge, Bhagalpur in Sessions Trial No. 45 of 1979 convicting and sentencing all the appellants to undergo rigorous imprisonment for life under Section 302 read with Section 149, Indian Penal Code and rigorous imprisonment for one year under Section 147, Indian Penal Code. Appellant Asharfi Prasad Singh has been further invited and sentenced to undergo rigorous imprisonment for life under Section 302 read with Section 109, Indian Penal Code. The sentences passed against the appellants have been ordered to run on currently.2. The case of prosecution, in short, as disclosed in the fardbayan (Exhibit-5) of informant Surender Prasad Singh (P.W. 8) is that on 15.2.1976 at about 6-6.30 p.m., deceased Jaldhar Das, cousin brother of informant, was going towards a shop from his house and the way to shop passes through the house of appellant Asharfi PrasadSingh. At that time,...
Tag this Judgment!Shri Lakshmi Roy @ Laxmi Roy Vs. State of Bihar and ors.
Court: Patna
Decided on: Sep-06-2002
R.N. Prasad, J.1. The case was initially listed before a single bench of this Court, learned Judge at the admission state itself referred the matter to the Division Bench and as such the case was placed before us.2. The petition has been filed for quashing the order dated 19.10.2001 whereby cognizance was taken against the petitioner by Special Judge, CBI, North Bihar, Patna in Special case No. 23/97/R.C. No. 43/97 for the offence under Sections 120B, 420, 468, 471, 201 & 204 of Indian Penal Code and Section 13(2)/13(1)(d) of the Prevention of Corruption Act, 1988.3. The relevant facts of the case are that at the relevant time in the year 1996 the petitioner was Principal of Regional Institute of Technology, Jamshedpur. The State Government constituted examination committee consisting of Principal, Regional Institute of Technology, Jamshedpur, Bihar Institute of Technology, Sindri, Bihar College of Engineering, Patna, Bihar College of Engineering, Bhagalpur and Muzaffarpur Institute o...
Tag this Judgment!Ghulam MohsIn Jafri Vs. State of Bihar and ors.
Court: Patna
Decided on: Sep-05-2002
Aftab Alam, J.1. This writ petition is filed, challenging the notification dated 3.10.2001 (Annexure 1) by which the State Government constituted the Shia Waqf Board ('the Board', hereinafter) and nominated its members as provided under Section 14 of the Waqf Act, 1995 (hereinafter, the 1995 Act').2. This case has a brief history and in order to understand the matter clearly, it will be useful to take note of a few antecedent facts. The last Board which was ale to complete a full term was constituted by the State Government by notification, dated 1.10.1992, issued under the Waqf Act, 1954 (hereinafter the 1954 Act). By this notification the petitioner was nominated as one of the members and he later became the Chairman of the Board. Under Section 12 of the 1954 Act the members of the Board would hold office of a term of five years. Hence, on expiry of this period, the State Government reconstituted the Board and nominated its members by notification dated 31.12.1997 issued under Secti...
Tag this Judgment!Ram Kesh Yadav and anr. Vs. State of Bihar
Court: Patna
Decided on: Sep-05-2002
M.L. Visa, J.1. Both the appellants have preferred this appeal against the judgment dated 19.3.1997 and order dated 27.3.1997 passed by 1st Additional Sessions Judge, Aurangabad in Sessions Trial No. 122 of 1992/161 of 1992 convicting and sentencing them to undergo imprisonment for life under Section 302 read with Section 34, Indian Penal Code and imprisonment for a period of seven years under Section 201, Indian Penal Code. Both the sentences have been order to run concurrently.2. The case of prosecution, as disclosed by informant Maharaj Yadav (P.W. 5) in the First Information Report (Exhibit-1), in short, is that on 27.10.1991 at about 7 a.m. Ram Dhyan Kumar (P.W. 1), the material grandson of informant (P.W. 5) came to his house and informed him that on 26.10.1991 in the night at about 11 p.m. when he was sleeping with his mother Jageshwari Devi, his father appellant Ram Kesh Yadav, his uncle Jagdish Yadav, and his grandfather appellant Dwarika Yadav brought his mother in the court...
Tag this Judgment!Most. Suraj Devi Pariwal and anr. Vs. the State of Bihar
Court: Patna
Decided on: Sep-05-2002
Radha Mohan Singh, J.1. This second appeal is against the judgment passed in Title Appeal No. 48 of 1997 by 6th Additional District Judge, Purnia affirming the judgment passed by Sub-Judge III, Araria in Title Suit No. 30 of 1984.2. The suit was filed by the State of Bihar and the defendants are the appellants.3. The plaintiff claim to be the title holder and in possession over the suit land mentioned in Schedule A of the plaint situated in village Bhagpokhar since the time of vesting of Sultanpur Estate in the State of Bihar. According to the plaintiff, the suit land is Jalkar, known as Sitadhar Jalkar and is being settled every year and the plaintiff derived income from the said settlement. It has been alleged that the defendants have neither any concern nor any right and title over the suit land, but, in collusion with the survey Amlas during the survey operation, the municipal survey khatian of the suit land had wrongly been published in the name of the defendants. Hence, the plai...
Tag this Judgment!Dilip Kumar Singh and ors. Vs. the State of Bihar and ors.
Court: Patna
Decided on: Sep-05-2002
Sachchidanand Jha, J.1. The dispute involved in these writ petitions is the same and as such they have been heard together and are disposed of by this common order. The petitioners are aggrieved by the orders directing recovery of a total sum of Rs. 6,69,292,20 from their salary and, in case of retirement, from their pension and gratuity. The petitioner of CWJC No. 4939/2000 at the relevant time was Executive Engineer (Called Senior Project Engineer), Ranchi Works Division of the Bihar State Bridge Construction Corporation, while petitioners of CWJC Nos. 595/2000, 693/2000 were Assistant Engineer (Called Project Engineer) and Junior Engineer respectively, under him. The amount is to be recovered from their salary in the ratio of 5:3:2. Thus, while Rs. 3,34,646.10 is to be recovered from the petitioner of CWJC No. 4939/, Rs. 2,00,787.66 is to be recovered from the petitioner of CWJC No. 595/2000 and Rs. 1,33,558.44 is to be recovered from the petitioner of CWJC No. 693/2000. The repres...
Tag this Judgment!Umesh Poddar Vs. State of Bihar
Court: Patna
Decided on: Sep-04-2002
Indu Prabha Singh, J.1. The sole appellant has been convicted under Section 366A of the Indian Penal Code and was sentenced to undergo rigorous imprisonment for five years, He was further convicted under Section 376 of the Indian Penal Code and was sentenced to undergo rigorous imprisonment for seven years. However, both the sentences were directed to run concurrently.2. The prosecution case in short is that on 4.2.1993, the appellant Umesh Poddar came to the resident of the informant at 9 p.m. in connection with purchase of wheat and returned back to his house just after the talk with the informant. The informant also went to sleep and while he was sleeping his wife came and informed the informant that his daughter Parvati Kumari was not present in the house. Thereafter, the informant searched his daughter, but she was not traced out. Thereafter, one Singheshwar Prasad told him that the daughter of the informant and Urnesh Poddar were going Yesterday night on a motorcycle. Thereafter...
Tag this Judgment!Rambilash Gupta Vs. Arunabala Ghosh and anr.
Court: Patna
Decided on: Sep-03-2002
S.N. Pathak, J.1. This miscellaneous appeal is directed against the judgment dated 24.1.2000, passed by the Motor Accidents Claims Tribunal, Kishanganj in Claim Case No. 10 of 1989. The owner of the vehicle in question is the appellant here.2. Appellant's lawyer has challenged the quantum of compensation fixed by the Tribunal. The claimant-respondent's lawyer submitted that appellant appeared in the court below, but did not file any W.S. either denying the alleged occurrence or challenging the case on any other ground. So he would be estopped from challenging the quantum of compensation fixed by the Tribunal. It was further submitted by the claimant-respondent that the insurance policy was neither produced by the insurance company nor by the appellant. Hence, the insurance company could not set up the case that its liability is limited.3. Admittedly, the vehicle in question was insured and so it was further submitted by the appellant's lawyer that liability for paying the entire compe...
Tag this Judgment!Bhagwan Das Vs. State of Bihar
Court: Patna
Decided on: Sep-03-2002
B.N.P. Singh, J.1. Though eight persons including Dasrath Das were put on trial with accusation that they constituted an unlawful assembly and on exertion made by Das, petitioner fired shot causing gun shot injuries to Saryug Prasad Yadav (P.W, 8), as said Dasrath Das Died during pendency of appeal, the trial commenced only against seven persons when State examined nine witnesses including injured, doctor and police officer. Defence too examined two witnesses.2. Defence of the petitioner before Court below and also this Court been denial of his complicity in the incident as well as false implication. Trial Court, however, rejecting plea of innocence of the petitioner and others, while recorded findings of guilt against the petitioner under Sections 307, 324 and 148 of the Indian Penal Code and sentenced him to suffer rigorous imprisonment for a term of five years on the first count, no sentence was however awarded on two counts. Petitioner suffered conviction also under Section 21 of ...
Tag this Judgment!Shivani Devi Vs. Manoj Kumar Singh and ors.
Court: Patna
Decided on: Sep-02-2002
S.N. Pathak, J. 1. The aforesaid Criminal Revision and the Criminal Misc. cases have been heard analogous and this common judgment shall dispose of three aforesaid cases. 2. Cr. Rev. No. 145/99 has been filed against the order dated 15-10-1998 passed by the Executive Magistrate Muzaffarpur (West) in Case No. M 261/79, Trial No. 68/97 under Section 145 Cr.P.C. 1st party of the proceeding in the Court below is revisionist before this Court and the members of the 2nd party of the Lower Court proceeding are opposite parties. The disputed plot was 2905 under Khata No. 195, area 90 decimals, old khata No. 36, area 98 decimals. The learned Executive Magistrate declared the lands in possession of the 2nd party-opposite party and aggrieved by that order, the revisionist came up before this Court. 3. The case of the revisionist in the Court below was that the disputed plot was recorded in the name of the Chaturi Mahot. In Executive Case No. 218/1900, suit plot was auctioned and sold perhaps pu...
Tag this Judgment!- ‹ Prev
- 1
- 2
- 3
- 4
- 5
- Next ›