Patna Court August 2004 Judgments
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Bal Kishun Dangal Vs. State of Bihar
Court: Patna
Decided on: Aug-13-2004
Chandra Mohan Prasad, J. 1. This appeal is against the order of conviction dated the 30th March, 1992 and sentence dated 31st March, 1992 of the 1st Additional Sessions Judge, East Champaran, Motihari passed in S.T. No. 80 of 1991 whereby the appellant has been convicted under Section 17 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter, in short, to be referred to as the 'Act') and sentenced to undergo rigorous imprisonment for ten years and also to pay a fine of Rs. 1,00,000/- (Rupees one lac) and in default of payment of fine, further rigorous imprisonment for five years. 2. The case of the prosecution is that on 26th August, 1990, Krishna Mohan Verma, A.S.I. Excise (P.W. 3) along with excise Constables Siyaram Singh (P.W. 1) and Madan Ram (P.W. 2) came to the Tempo stand near Railway Gumti, Raxaul. They found appellant Bal Kishun Dangal in suspicious condition there. Then they conducted a search on his person and as a result of search, one paper PUDIA, containin...
Harizan Naw Avam Jahaj Tatha Sadak Yatayat Swavalmbi Sahakari Samiti L ...
Court: Patna
Decided on: Aug-12-2004
R.M. Prasad, J. 1. This writ petition is directed against the order dated 28.12.2002 of the District Magistrate, Munger (Respondent No. 4), as contained in Annexure 25, whereby and whereunder the settlement of Munger Rajghat Ferry Service for the period 1.1.2003 to 27.9.2003 has been made in favour of respondent No. 10 on the basis of survey certificate issued by the Motor Vehicle Inspector, Munger for a cargo boat, namely, M.V. Radha Govind and Boat No. 22 and further to direct respondent No. 2 to settle the ferry in question in favour of the petitioner. Later by an amendment petition filed on 21.4.2004 the petitioner has also challenged the order dated 26.9.2003 (Annexure 33) by which the period of settlement has been extended to 31.12.2003 and the order dated 6:11.2003 (Annexure 35) for further extending the period of settlement up to 31.12.2005 on the basis of declaration of survey of M.V. Vasudev + boat No. 21 issued by the Motor Vehicle Inspector, Munger.2. In short the case of ...
Baldeo Prasad Vs. the State of Bihar and ors.
Court: Patna
Decided on: Aug-12-2004
S.K. Katriar, J.1. Heard Mr. A.P. Ambastha for the petitioner, and Mr. Abbas Haider, JC to GP-III. This writ petition is directed against the order dated 9.11.1999 (Annexure 5), passed by the learned Additional Member, Board of Revenue, Bihar, Patna in Case No. 47/96, whereby he has rejected the revision application of the present petitioner under Section 32 of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act (hereinafter referred to as 'the Act').2. This arises out of land ceiling proceedings under the Act and the petitioner is the land-holder. He seems to have a large family and claimed a large number of units in the land ceiling proceedings on the ground that they were major on 9.9.1970. At the initial stage, he was granted 7 (seven) units. At a later stage of the proceeding, the petitioner was allowed 17 (seventeen) more units. The petitioner claimed 14 more units, over and above the aforesaid 24 units, which was rejected by the learned Collec...
Ajay Kumar Singh and ors. Vs. State of Bihar and anr.
Court: Patna
Decided on: Aug-12-2004
Mridula Mishra, J.1. All the aforesaid three applications arise out of the order passed in Silao (Rajgir) P.S. Case No. 316 of 1996.2. Cr. Misc. No. 13771 of 2003 and Cr. Misc. No. 22245 of 2003 have been filed for quashing the order dated 16.4.2003, passed by the Judicial Magistrate, 1st Class, Biharsharif by which it has been directed that the statement of four witnesses recorded under Section 164 of the Criminal Procedure Code (hereinafter referred to as the Cr PC) should be reconstructed on the basis of photostat copy of the statement recorded under Section 164, Cr PC and produced by the informant. Cr. Misc. No. 21802 of 2003 has been preferred for quashing the order dated 3.6.2003, passed by the Judicial Magistrate, 1st Class, Biharsharif, whereby the case of the petitioner have been committed to the Court of Sessions Judge, Nalanda at Biharsharif without complying the mandatory provisions contained in Section 207, Cr PC.3. Petitioners are named accused in the FIR, for offences u...
Pushkar Kumar Vs. Sobha Devi
Court: Patna
Decided on: Aug-11-2004
V.N. Sinha, J. 1. Heard Sri Rajesh Kr. Singh for the petitioner and Sri Chitranjan Sinha Sr. Advocate for the opposite party.2. This civil revision application is directed against the judgment and decree dated 8.8.02 passed by the 2nd Addt. Munsif, Muzaffarpur in Eviction Suit No. 25/93 by which he has decreed the Eviction suit and has directed the tenant petitioner to hand over the suit premises to the landlord within a period of 60 days from the date of the said decree.3. Plaintiff filed the instant suit for eviction asserting that she and three of her sisters in law purchased the suit property by virtue of sale deed dt. 31.5.71 Exhibit 3. The plaintiff and the three sister in law came in separate possession of their purchased interest in the property. Plaintiff thereafter developed her portion of the purchased property and raised 3 rooms over the same. In December 1975 those 3 rooms were let out to the defendant petitioner who is the son of Kamla Devi the sister in law of the plai...
Sachindra Nath Dubey Vs. Bihar State Housing Board and Another
Court: Bihar State Consumer Disputes Redressal Commission SCDRC Patna
Decided on: Aug-10-2004
D.P.S. Choudhary, President: 1. The complainant filed this case against the Bihar State Housing Board with the following reliefs: (i) Allotment of one M.I.G. house at Lohianagar at bargain price of Rs. 27,500/-. (ii) Award of Rs. 19 lacs and fifty thousand by way of compensation for harassment both physical and mental, and economic loss. 2. The brief fact of the case is that complainant on the basis of advertisement notified by the Bihar State Housing Board deposited earnest money of Rs. 100/- along with an application for the allotment of a constructed house at Lohianagar, Kankerbagh, Patna on hire purchase basis at a price of Rs. 27,500/-. The advertisement was published in the year 1967. The complainant deposited the initial amount of Rs. 100/- on 31.1.1967 as per Annexure 1 receipt. The Housing Board also advertised on 8.12.1972 and 7.10.1978 for the allotment of houses/flats at Hanumannagar and Bahadurpur and old applicants were asked to renew their applications by depositing Rs. ...
Rajendra Prasad Poddar Vs. the State of Bihar and ors.
Court: Patna
Decided on: Aug-09-2004
1. This appeal is directed against the order dated 16.07.2004 passed by the learned Single Judge dismissing the writ application being CWJC No. 3840 of 2004 filed by the appellant challenging the decision of the tender committee dated 16.03.2004, communicated through letter dated 20.03.2004 issued by the Joint Secretary, Water Resources Department, Government of Bihar, Patna by which the tender committee decided to allot the work of construction on residual pucca road on top of Jhaua Dilli Diwanganj Mahananda Left Embankment from Chain No. 415 to 1018 to respondent no. 7-M/s. Narayan Das Construction Private Limited, Binodpur, Town and District Katihar.2. Admitted facts are that tender was invited by the Executive Engineer, Flood Control Division, Salmari for the work mentioned above being Tender Notice No. 2/2003-2004. A copy of which has been annexed as Annexure 1 to the writ application. It is also admitted position that the State Government has issued a circular which is contained...
Amit Prakash and anr. Vs. State of Bihar and anr.
Court: Patna
Decided on: Aug-06-2004
Mridula Mishra, J.1. Petitioners in these two applications are accused in Complaint Case No. 193 (c) of 2001 and both have challenged the order dated 28.11.2001, passed by the Judicial Magistrate, Ist Class, Begusarai by which cognizance under Sections 420 and 406 of the Indian Penal Code has been taken against theme.2. Complaint Case No, 193 (c) of 2001 was filed by the complainant Ashok Kumar alleging that the accused Ajit Kumar Managing Director, Supplementary Food (India) Limited and Amit Kumar, Incharge of Supplementary Food (India) Limited for Bihar region have cheated the firm M/s. Saket Enterprises Agency, the Proprietor of which is Mrs. Deepa Agrawal, the wife of the complainant M/s. Supplementary Food (India) Limited produces 'Zaika' Salt and it had appointed Saket Enterprises its distributor and commission agent in the year 1997 for distribution and sale of Zaika Salt. The complainant's firm had deposited Rs. 1,20,000/- through three demand drafts dated 12.9.1997 with the a...
P.K. Indira Kurup Vs. the State of Bihar and ors.
Court: Patna
Decided on: Aug-05-2004
Aftab Alam, J. 1. One M.P.K. Kurup (now deceased) filed this writ petition challenging the Government decision as intimated to the Accountant General, Bihar by letter, dated 17.10.1996 (Annexure 1) from the Deputy Secretary to the Government in the Department of Primary and Adult Education. In this fetter, it was stated that the Government had taken the decision to permanently reduce Kurup's pension by 10%; that he was held responsible for causing losses to the Government amounting to Rs. 4,34,012/- and the money was liable to be recovered from the gratuity payable to him. it was further stated in the letter that in case his gratuity was insufficient for full adjustment of the recoverable amount, intimation should be given immediately so that the balance dues may be realised by proceeding against him under the Public Demands Recovery Act.2. The writ petition was initially dismissed by a learned Judge of this Court by order, dated 30.10.1998. In that order it was held that the petitio...
Chhotan Manjhi Vs. State of Bihar
Court: Patna
Decided on: Aug-05-2004
Chandra Mohan Prasad, J.1. The appeal is against the judgment dated 28th April 1992 of the 3rd Additional Sessions Judge, Nawadah passed in ST. No. 320 of 1984/91 of 1987 whereby appellant Chhotan Manjhi has been convicted under Section 395 of the Indian Penal Code, and sentenced to undergo rigorous imprisonment for seven years.2. The prosecution case, as propounded by the informant Om Prakash Das in the First Information Report lodged on 13th February 1981 at 11.20 a.m. at Pakribrawan is that in the night intervening between 12/13th February 1981, the informant after taking meal was sleeping in his house and in that night at about 3.00 a.m., he woke up on hearing sound of explosion of bomb and he also heard the cry 'Loot Lalkai-Loot Lelkai from the house of his neighbour Birju Thakur. A bomb also exploded at his (informant's) door. Then after breaking the door dacoits entered in the room also in which the electric bulb was lighting. Two of the dacoits put dagger on the informant and ...
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