Patna Court February 2004 Judgments
Dr. (Mrs.) Shahida Hasan Vs. State of Bihar and ors.
Court: Patna
Decided on: Feb-06-2004
Nagendra Rai and R.S. Garg, JJ. 1. The matter arises out of a proceeding under the Urban Land (Ceiling and Regulation) Act, 1976 (hereinafter referred to as 'the Act'). The State of Bihar has not taken any decision to withdraw the applicability of the Act after its repeal by the Central Government. Be that as it may the factual matrix for the purpose of disposal of the case is that the land ceiling proceeding was initiated against Mr. Saiyed Askari Hadi Ali Augustine Imam. That proceeding was decided by the authority against which he preferred an appeal before he Commissioner under the provisions of the Act and the appellate Court remanded the matter to the original authority to consider the matter in the light of the directions made in the order and thereafter the authority (District Collector) has passed the order dated 9.3.1988 contained in Annexure-2 whereby two units had been given to the person against whom the proceeding was initiated and the heirs of Mehdi Imam.2. The land ce...
Tag this Judgment!Dablu @ Manish Kumar Vs. State of Bihar
Court: Patna
Decided on: Feb-05-2004
Chandramauli Kr. Prasad, J.1. This revision application has been preferred under Section 53 of the Juvenile Justice (Care and Protection of Children) Act, 2000 against the order dated 30th September, 2003 passed by the 2nd Additional Sessions Judge, Darbhanga in Criminal Appeal No. 16 of 2003 whereby it has reversed the order dated 25.7.2003 passed by Additional Chief Judicial Magistrate, Darbhanga in Misc. Case No. 8 of 2003 (G.R. 734 of 2003 arising out of Laheriasarai P.S. Case No. 90 of 2003) and held that the petitioner is a juvenile.2. Short facts giving rise to the present application are that the petitioner is an accused in Leheriasarai P.S. No. 90 of 2003 registered under Section 307, 324 and 323/34 of the Indian Penal Code for an occurrence which is alleged to have taken place on 21.4.2003. Petitioner claimed to be a juvenile and for the determination of this age an enquiry as provided under Section 49 of the Juvenile Justice (Care and Protection of Children) Act, 2000 (for...
Tag this Judgment!Ashok Sah and ors. Vs. State of Bihar
Court: Patna
Decided on: Feb-05-2004
Bal Krishna Jha, J.1. This appeal is directed against the judgment and order of the then learned Additional Sessions Judge-I, Darbhanga passed on 23rd/24th of May, 2000 in Sessions Trial No. 141 of 1993.2. The learned trial Judge found all the four appellants guilty for the offences under Section 304B of the Indian Penal Code and Section 4 of the Dowry Prohibition Act. The appellant, Jhalia Devi, was sentenced to R.I, for seven years and rest three appellants, Ashok Sah, Deo Narayan Sah and Pradeep Sah, were sentenced to R.I. for life under Section 304B of the Indian Penal Code. No separate sentence was passed under Section 4 of the Dowry Prohibition Act.All these four appellants were put on trial along with the accused, Raju Sah and Poonam Kumar, for the charges under Section 304B of the I.PC. and Section 4 of the Dowry Prohibition Act. In course of trial, the case of the accused, Raju Sah and Poonam Kumar, was separated on the ground of minority and was sent down to the Juvenile Co...
Tag this Judgment!Rakesh Kumar Miloo, Vs. State of Bihar and ors.
Court: Patna
Decided on: Feb-05-2004
Narayan Roy, J. 1. Heard counsel for the parties.2. All these writ applications since are directed against press communique No. 40 of 2002, they have been heard together and are being disposed of by this common order.3. The writ petitioners are aggrieved by the impugned press communique being Advertisement No. 40 of 2000, published in National Hindi daily newspaper 'Hindustan' dated 24.12.2002, issued by the Secretary, Bihar Intermediate Education Council, Patna (hereinafter to be referred to as 'Council'), whereby and whereunder recommendation of 14 affiliated Intermediate Colleges including the petitioners College has been withdrawn for the Sessions 2002-2004.4. The facts of the cases briefly stated, are that the colleges of the petitioners are imparting education up to intermediate standard and according to their cases, either they have been granted permission for establishment of the college or recommended for recognition by the Council or temporary permissions have been given to ...
Tag this Judgment!Paramhansh Choudhary Alias Paramhash Yadav Vs. State of Bihar
Court: Patna
Decided on: Feb-04-2004
B.N.P. Singh, J. 1. The sole appellant suffered conviction under Section 376 of the Indian Penal Code (IPC) on being tried by the 1st Additional Sessions Judge, Gopalganj and on that count he was sentenced to suffer rigorous imprisonment for a term of seven years.2. The accusations are that in early hours of 24th August, 1999, while Sunita Kumar (PW 4), had gone north to her house to respond to the nature's call and was about to come back to her house, the appellant lifted her, took her to the maize field, thrashed her on the ground and violated her person. On alarm raised by her, Tetari Devi (PW 2) rushed there when the appellant leaving the prosecutrix, made good his escape. A police case had been registered on behest of Sunita Kumari, pursuant to which, investigation commenced and the Police Officer finding sufficient evidence to put the appellant on tria!, laid charge-sheet against him. In the trial that followed, prosecution examined six witnesses including the prosecutrix, Poli...
Tag this Judgment!Dhanpat Prasad Vs. State of Bihar and ors.
Court: Patna
Decided on: Feb-04-2004
Radha Mohan Prasad, J.1. In this writ petition, prayer is to quash letter No. Bhavarn, Moc(C)Yoj. VI-Vidhi-B-133/2001-1617(bha) Anu, dated 24-9-2001 (Annexure-9) by which the proposed construction of hundred bedded minority Hospital for boys at Nawada has been given to the Contractor (Respondent No. 5) and further to direct the respondents to allot the said work to the petitioner.2. It seems that earlier also on apprehension that his case would not be considered by the respondent-authorities, petitioner moved this Court by filing C.W.J.C. No. 9393 of 2001 and this Court finding that till the date of the order admittedly no final decision in pursuance to the tender notice had been taken and that there was nothing in the tender notice to give any cause of action, found the writ petition to be premature and vide order dated 16-8-2001 (Annexure 1) permitted it to be withdrawn with a liberty to the petitioner to agitate the matter, if aggrieved, before the appropriate forum. Pursuant to th...
Tag this Judgment!Lalu Alias Lalan Ray and anr. Vs. the State of Bihar and ors.
Court: Patna
Decided on: Feb-04-2004
Chandramauli Kumar, J.1. This application has been filed for quashing the notice dated 9-7-2001 in Arms Case No. 20 of 2001 whereby while suspending the arms licence of the petitioners they have been asked to show cause as to why their licences be not cancelled.2. Mr. Sudama Singh appearing on behalf of the petitioners contends that the order suspending the licences have been vitiated on account of the fact that the same has been done without giving any opportunity to the petitioners. In support of his submission he has placed reliance on a Division Bench judgment of this Court in the case of Jagdamba Singh alias Markandva v. The State of Bihar (1993) 2 Pat LJR 107 and my attention has been drawn to paragraph 14 of the Judgment which reads as follows :--'Thus in my considered opinion, before cancelling or suspending the licence of firearms, the licence holder must be given an opportunity of being heard. In other words, the licence should be suspended or cancelled after giving notice a...
Tag this Judgment!Yogendra Prasad Jayaswal Vs. Administrator Patna Municipal Corporation ...
Court: Patna
Decided on: Feb-04-2004
B.N.P. Singh, J. 1. This criminal revision is against a finding of possession over stall No. 5 New Market, Police Station Kotwali, Patna, recorded by Shri M.D. Sharma, Executive Magistrate, Sadar Patna on 5th July, 2000 in case No. 259(M) 84.2. Factual matrix appearing from the pleadings of the parties and also submissions made at Bar is that Yogendra Prasad Jayaswal, second party, who had been running a tailoring shop in the name and style of 'Grand Tailoring', took stall No. 5, New Market Police Station Kotwali, Patna, on monthly rental of Rs. 40/-in pursuance of written agreement executed between him and the Chief Executive Officer, Patna Municipal Corporation (in short 'the Corporation') on 21.5.1954 and allegedly since then he had been coming in possession and occupation of the premises in question. However, as some amount of rent had fallen due against him in respect of disputed stall, he was served with a notice by the Corporation. Since first party volunteered to pay the enti...
Tag this Judgment!Nagendra Prasad Vs. State of Bihar and ors.
Court: Patna
Decided on: Feb-04-2004
Nagendra Rai, J. 1. The petitioner in all the four cases is one and the same and the points involved in all the cases being also the same, they have been heard together and are being disposed of by this common judgment.2. The petitioner is engaged in the business of manufacture and sale of country liquor. The matter relates to the assessment under the provisions of the Bihar Finance Act (hereinafter referred to as the Act) for the two assessment years, i.e. 1999-2000 and 2000-2001. He has challenged the order dated 25.2.2003 passed in all the four cases which has been annexed as Annexure-7 to all the writ applications whereby the Joint Commissioner of Commercial Taxes (Admn.), Patna Division, Patna in exercise of power under Section 46(4) of the Act while remanding the matter to the assessing authority has observed that the excise duty is component of sale price and the sale price cannot be segregated into different components but discount is not permissible or allowable on the excis...
Tag this Judgment!Dhora Bhagat Vs. State of Bihar and ors.
Court: Patna
Decided on: Feb-04-2004
B.N.P. Singh, J. 1. What is being impugned in this revision at the instance of the informant, a private party, is finding of acquittal recorded by Shri R.N. Verma, 1st Additional Sessions Judge, East Champaran, Motihari, in Sessions Trial No. 389 of 1995.Factual matrix--Dhora Bhagat had been to the house of Sheo Bachan Sah for seeds and as said Sheo Bachan Sah was otherwise busy, he asked him to come afterwards. Allegedly, shortly after Dhora Bhagat proceeded, the accused persons, who were 13 in numbers came and encircled Dhora Bhagat. Then on exhortation made by Suraj Bhagat and Jagarnath Bhagat, Nand Kishore Bhagat and Ganga Bishun Bhagat assaulted Dhora Bhagat with hard blunt object. Alarms were raised by Dhora Bhagat, pursuant to which deceased Laxman Bhagat came from his house and on exhortation made by said Suraj Bhagat and Jagarnath Bhagat, Gaya Bhagat dealt a farsa blow on his head, which was followed by assault with hard and blunt object by Nand Kishore Bhagat, Shambhu Bhaga...
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