Patna Court October 2003 Judgments
Jaikant Rai Vs. Ganeshi Rai Alias Ganesh Rai and ors.
Court: Patna
Decided on: Oct-29-2003
Chandramauli Kumar Prasad, J.1. This revision application has been filed to set aside the order dated 20-3-2002 passed by 4th Additional District and Sessions Judge, Smastipur in Sessions Trial No. 57 of 1994,whereby opposite party Nos. 1 to 4 have been acquitted of all the charges leavelled against them.2. Facts necessary for decision of the present case are that on the basis of the report given by the petitioner before the Officer-in-Charge of police station Vidyapati Nagar, district Smastipur, Vidyapati Nagar P.S. Case No. 93 of 1992 (GR No. 379 of 1992) was registered under Sections 341, 323, 324, 447, 427, 379 and 307/34 of the Indian Penal Code. Police after investigation submitted charge-sheet against the accused persons. The learned Magistrate took cognizance of the offence and committed the case to the Court of Session for trial. According to the prosecution when the accused persons were removing the hut same was objected to by the father of the petitioner at which one of th...
Tag this Judgment!Suresh Singh and ors. Vs. State of Bihar
Court: Patna
Decided on: Oct-29-2003
B.N.P. Singh, J. 1. Though all the appellants suffered conviction under Section 302/34 of the Indian Penal Code (IPC), for which they were sentenced to suffer rigorous imprisonment for life. Akaloo Ahir suffered conviction also under Section 307, IPC for which he was to undergo rigorous imprisonment for a term of ten years. Akaloo Ahir and Brij Mohan Ahir suffered conviction also under Section 27 of the Arms Act but no sentence was awarded to them on this count. In case of those who suffered conviction on two counts, sentences in their case were directed to run concurrently.2. Before we advert to the prosecution case, it would be appropriate to notice that Garju Ahir, who too was put on trial along with the appellants, died in the midst of the proceeding, and as such proceeding was dropped against him.3. Factual matrix centering round the prosecution case are not in much details and that can be recapitulated with brevity. Allegedly at about 5 p.m. on 10th January, 1981, while Kishore ...
Tag this Judgment!Mahanth Brij NaraIn Das Vs. State of Bihar and ors.
Court: Patna
Decided on: Oct-29-2003
S.K. Katriar, J. 1. This writ petition is directed against the order dated 30.1.2003 (Annexure 4), passed by the Minister for Revenue and Land Reforms, Govt. of Bihar, initiating proceeding under Section 45-B of the Bihar Land Reforms (Fixation of Ceiling Area & Acquisition of Surplus Land) Act, 1961 (hereinafter referred to as 'the Act'), and has called upon the petitioner to present his case. 2. Land ceiling proceeding were started against the petitioner which had attained finality, whereby in substance three units had been allowed to the petitioner. Thereafter, the Collector of the district re-opened the proceeding under Section 45-B of the Act which was registered as Land Ceiling Case No. 5/73-74 (State of Bihar v. Mahanth Ram Charitra Das), whereby one more unit was allowed to the petitioner, over and above the three unites earlier granted. It was further stated in this order that 30 acres had been declared surplus which had been surrendered by the petitioner which vested in th...
Tag this Judgment!State of Bihar Vs. Ashok Kumar Gupta
Court: Patna
Decided on: Oct-29-2003
S.N. Jha and B.N.P. Singh, JJ. 1. The sole appellant of Cr. Appeal No. 426 of 2002 has been convicted under Section 302/34 of the Indian Penal Code and sentenced to death. He has also been convicted under Sections 323 and 341 of the Penal Code but no sentence has been awarded separately thereunder. The sentence of death has been referred to this Court for confirmation in terms of Section 366 Criminal Procedure Code. Both the Cr. Appeal and Reference were taken up for hearing together.2. On 2-12-97 at 9.15 p.m. Radhey Prasad Gupta of village Kurhwa Ratnapur within Chakmahesi police station of Samastipur district made Fardbayan before officer-in-charge of Chakmahesi P.S., S.I. Akshayabat Chaturvedi, stating therein that in the preceding evening at about 7-7.30 p.m. he closed his cement shop at Kurhwa Bhatti Chowk and left for his house along with his son Shambhu Prasad Gupta. When they reached the toddy shop of Sitaram Mahto, Shambhu Prasad Gupta told him that he wanted to ease himsel...
Tag this Judgment!Parwavi Devi Vs. State of Bihar and ors.
Court: Patna
Decided on: Oct-28-2003
R.S. Garg, J. 1. This Court while disposing of the writ application directed that proper protection be given to the petitioner and the respondents should also see that the petitioner is allowed to carry out his agricultural operations and that proper safely measures in favour of the petitioner and his family members be taken. The respondents in their counter have submitted that in accordance with the directions of this Court proper actions were taken. The petitioner has filed a rejoinder submitting that the respondents are not taking proper action in the matter. Placing reliance upon Annexure-8 it is submitted that in place of providing proper security to the petitioner, the Incharge of Hulasganj Police Station, Jehanabad has informed the petitioner that the petitioner should not move alone and as he is being threatened by Pradumn Sharma etc. the said Pradumn Sharma can kidnap the petitioner and the petitioner should put himself at a safe place. 2. The petitioner submits that such a...
Tag this Judgment!Birja Das Vs. State of Bihar
Court: Patna
Decided on: Oct-28-2003
R.N. Prasad and B.K. Jha, JJ. 1. The sole appellant has preferred this appeal against the judgment and order dated 29-1-2000 passed by 1st Addl. Sessions Judge, Darbhanga in ST. No. 109/95 whereby the appellant has been convicted for the offence under Section 302 IPC and sentenced to undergo imprisonment for life and to pay a fine of Rs. 500/- to the informant, in default to undergo simple imprisonment for one month.2. One Jaleshwar Das gave his fardbeyan on 21-2-1995 that 11 a.m. in the field of Jogendra Narain Mallick that on 20-2-1995 at about 9 p.m. after taking meal in the feast in the house of Ram Pukar Das he returned to his house with his son Lakchman Das aged about two years. His son slept on the varanda. He felt pain in his waist. His wife Tiliya Devi came and started massaging k. oil on his waist. His daughter Punita Devi raised alarm that his son Lakchman Das, aged two years was taken away by Birja Das. He searched his son in the night but he could not trace out. In the ...
Tag this Judgment!Mostt Saniharo Kuer (Since Deceased) Vs. Sri Munilal Singh and ors.
Court: Patna
Decided on: Oct-28-2003
Chandramauli Kumar Prasad, J.1. This revision application is directed againstthe order dated 11-3-2002 passed by the Executive Magistrate, Piro district Bhojpurwhereby in a proceeding under Section 145 of the Code of Criminal Procedure theleaned Magistrate had declared the possession of second party-opposite party Nos.1 to 4.2. A proceeding under Section 144 of the Code of Criminal Procedure (for short the Code) was initiated in respect of land bearing Plot Nos. 1814, 20, 57, 1925, 811, 819 and 936 of village Barsi in the district of Bhojpur. In the said proceeding petitioner was the first party. She claims possession over the disputed land on the ground that it was recorded in the name of her father-in-law and after partition in the family the land fell in the share of her husband Jugeshar Singh and after his death, she being the sole heir, inherited the same. Her further case is that she is in possession of the land since then and paying the land rent and canal charges for the same...
Tag this Judgment!Bihar Plywood Manufacturers Association and ors. Vs. the State of Biha ...
Court: Patna
Decided on: Oct-28-2003
S.N. Jha, J.1. Whether movement of Veneer within the State of Bihar or outside the State requires 'transit, permit' under the Forest Laws is the question for consideration in this writ petition. A Division Bench of this Court in the case of Woodman Industries and Ors. v. State of Bihar and Ors., 2001 (1) PLJR 275, has already answered the question in the affirmative holding that Veneer is 'fashioned wood' and therefore, timber and forest produce within the meaning of the Indian Forest Act, 1927. However, when the writ petition came up for hearing before a learned Single Judge, accepting the submission of the Counsel for the petitioners and the intervenor-respondents the learned Judge referred the case to Division Bench for reconsideration of the said decision and that is how the case came up for hearing before this Bench.2. The case of the petitioners, briefly, is as follows. Petitioner No. 1 is an association of plywood manufacturers in the State of Bihar while other petitioners are ...
Tag this Judgment!Ranjeet Singh @ Ranjeet Kumar Singh and anr. Vs. State of Bihar and or ...
Court: Patna
Decided on: Oct-24-2003
1. The two appellants, being the Chairman and the Vice-Chairman of the Aurangabad Zila Parishad, have filed the present appeal against the order dated 26-9-2003 passed by the learned Single Judge of this Court dismissing the writ application being CWJC No. 5204 of 2003 filed by them challenging the requisition dated 22-5-2003 (Annexure-4 to the writ application) for convening a special meeting for expressing want of confidence in them and the letter No. 57 dated 1-6-2003 issued by the District Magistrate, Aurangabad (Annexure-9 to the writ application) for convening the special meeting for the said purpose on 14-6-2003.2. As we propose to agree with the order passed by the learned Single Judge the factual matrix will be given in brief.3. The appellants No. 1 and 2 were elected as a Chairman and the Vice-Chairman of the Aurangabad Zila Parishad (hereinafter referred to as the Parishad) in the meeting held on 10th June, 2001. Within six months of assumption of office by them, some of th...
Tag this Judgment!Ravi Kumar Verma Vs. the Bihar State Electricity Board and ors.
Court: Patna
Decided on: Oct-23-2003
Radha Mohan Pd., J. 1. In this writ application, the petitioner, who retired as Chief Engineer while posted at the headquarters of the Bihar State Electricity Board, Patna (hereinafter referred to as the Boards) on 31-3-1997, is aggrieved on account of non-release of his 10% pension, gratuity and leave encashment. He was, however, paid 90% of pension and the amount of GPF.2. In short, the relevant facts of the case are that the petitioner was initially appointed as Assistant Electrical Engineer in the service of the Board on 1-4-1960 and later promoted to the post of Electrical Executive Engineer on 1-7-1968 and thereafter, to the post of Electrical Superintending Engineer on 20-8-1982 and ultimately he superannuated on 31-3-1997 while holding the post of Chief Engineer.3. While the petitioner was posted as General Manager-cum-Chief Engineer, Barauni Thermal Power Station, Barauni (Muzaffarpur Thermal Power Station Kanti, Muzaffarpur), he was prima facie found guilty of gross miscond...
Tag this Judgment!- ‹ Prev
- 2
- Next ›
- Last »