Patna Court October 2005 Judgments
Smt. Khatrano Devi (D) by L.Rs. and ors. Vs. Hazari Sao
Court: Patna
Decided on: Oct-28-2005
Syed Md. Mahfooz Alam, J.1. This second appeal has been preferred against the judgment and decree dated 7th June, 1989 passed by Smt. Rekha Kumari, 1st Additional District Judge, Patna in Title Appeal No. 176 of 1977 confirming the judgment and decree dated 2-8-1977 passed by Sri Danial Barla, Munsif II, Patna in Title Suit No. 75 of 1974 whereby the learned Munsif has dismissed the suit of the plaintiff.2. The brief facts of the case are as follows:The plaintiff-appellant brought a suit for declaration that the deed of gift dated 15-12-1952 was void, illegal, inoperative and not binding upon her. Further relief was sought by the plaintiff-appellant that if it was found that she was dispossessed during the pendency of the suit, in that case decree for recovery of possession be also passed. 3. The case of the plaintiff-appellant was that Late Kunj Bihari Sao had two sons, namely, Ramphal Sao and Rupchand Sao. Ramphal Sao died issueless. Rupchand Sao had also two sons, namely, Ram Briks...
Tag this Judgment!Vijay Chandra Prasad Singh Vs. Indian Oil Corporation Ltd. and ors.
Court: Patna
Decided on: Oct-28-2005
Sudhir Kumar Katriar, J.1. This writ petition relates to appointment of Liquefied Petroleum Gas (for short 'L.P.G.') distributorship for Mahua in the district of Vaishali.2. According to the writ petition, the respondent-Corporation had published an advertisement on 2-6-1998 for the said purpose which could not make headway and was abandoned. The Corporation published the second advertisement for the same purpose which was published in the local dailies on 28-8-2000 (Annexure-1), was really in continuation of the earlier advertisement because of reference of the earlier one in the present one and shall be referred to at the >appropriate stage. The petitioner, respondent No. 5, and others applied for the same Call letters for interview were issued on 6-11-2003, and the select list was published on 27-11-2003 wherein respondent No. 5 figured at serial No. 1, and the petitioner at serial No. 2. It is further stated in the Writ petition that the petitioner submitted his complaint on 5-12-...
Tag this Judgment!Sanjay Singh and anr. Vs. State of Bihar
Court: Patna
Decided on: Oct-27-2005
Manohar Lal Visa, J.1. This appeal is directed against the judgment dated 6-5-2003 and order dated 7-5-2003 passed by 6th Additional Sessions Judge, East Champaran, Motihari, in sessions Trial No. 392 of 2002/ 50 of 2002 convicting and sentencing both the appellants to undergo R. I. for 10 years each under Section 304B and R. I. for 1 year each under Section 201 of the Indian Penal Code (in short, IPC). Both the sentences have, however, been ordered to run concurrently.2. The case of prosecution, in short, is that Sudha Kumari, the deceased daughter of informant Vijay Kumar Singh (PW-3) was married to appellant Sanjay Singh in the year 1998. After marriage deceased went to her 'Sasural' and six months thereafter informant brought her to his house but 10-15 days thereafter appellant Sanjay Singh called her of Raxaul and from Raxaul he took her to his village Parsauna Tapsi. 2-3 months thereafter when informant went to Parsauna Tapsi to meet his deceased daughter she by weeping told hi...
Tag this Judgment!Hare Ram Singh and ors. Vs. State of Bihar and anr.
Court: Patna
Decided on: Oct-27-2005
Chandramauli Kr. Prasad, J.1. This application has been filed for quashing the order dated 12-12-2002 passed by the Chief Judicial Magistrate, Begusarai in Teghra P. S. Case No. 103 of 2001 whereby he differed with the conclusion of the Investigating Officer and took cognizance of the offence under Section 302/34 of the Indian Penal Code against the petitioners.2. Short facts giving rise to the present application are that on the basis of the report given by Opposite Party No. 2 Sumit Kumar Singh Teghra P. S. Case No, 103 of 2002 was registered under Section 302/34 of the Indian Penal Code, hereinafter referred to as 'IPC'. The first information report was lodged against unknown. The police, after investigation, submitted charge-sheet against one accused, namely, Sita Ram Bind alias Sita Ram Mahto. The informant filed protest petition alleging the complicity of the petitioners in the crime.3. It is relevant here to state that during the course of investiation statement of five persons...
Tag this Judgment!ShahabuddIn and Etc. Vs. State of Bihar and ors.
Court: Patna
Decided on: Oct-27-2005
Aftab Alam, J.1. These two writ petitions arise from two suits (filed under Section 140 of the Bihar Panchayat Raj Act, 1993) in which the elections of Mukhiyas of two Gram Panchayats, namely, Rampur Parihas and Basantpur come under challenge. Though the two cases relate to two separate Gram Panchayats (apparently adjacent to each other), they are closely inter-connected in a certain way.2. Shahabuddin, the petitioner In CWJC No. 14322 of 2002 was declared elected as Mukhiya of Basantpur Gram Panchayat on 15-5-2001. His election was challenged by the nearest defeated candidate Awdhesh Kumar Gupta (respondent No. 5) by filing a case under Section 140 of the Act registered as Misc. No. 40 of 2002 before the Munsif Sadar-cum-Election Tribunal, Purnea. Similarly Asif, the petitioner in CWJC No. 6491 of 2003 was declared elected as Mukhiya of Rampur Parihas Gram Panchayat on 15-5-2001. His election too was challenged by another candidate in the election Deo Narain Rai (respondent No. 5). T...
Tag this Judgment!Satya Narayan Vs. State of Bihar and ors.
Court: Patna
Decided on: Oct-26-2005
Radha Mohan Prasad, J.1. In this writ petition, the petitioner is aggrieved by order dated 22.11.2004 (Annexure 5), whereby Devi Rajak (respondent No. 4), though being junior to him, has been authorised to work as Engineer-in-Chief (North), Water Resources Department in addition to his own duties of Superintending Engineer and Chief Engineer and by amendment, vide I.A. No. 4068 of 2005, he is also aggrieved by the order, contained in Memo No. 1688 dated 3.5.2005 (Annexure 12), whereby the newly added respondent No. 5 Abid Hussain Quraishi though being junior to him, has been authorized to work as Engineer-in-chief (Central) in addition to his own duties of Chief Engineer, Water Resources Department, Muzaffarpur, besides aggrieved by Notification No. 1401 dated 13.4.2005 (Annexure 19 to I.A. No. 4401 of 2005), posting some of the Superintending Engineers, including respondent No. 4, as Chief Engineer, Research and Training, Khagaul, Patna and respondent No. 5 as Chief Engineer, Muzaffa...
Tag this Judgment!Vijay Kumar Yadav and ors. Vs. State of Bihar
Court: Patna
Decided on: Oct-25-2005
Aftab Alam, J.1. The four appellants before the Court are related to each other. Appellant No. 2 is the father of appellant No. 1 and brother of Appellant No. 3. Appellant No. 4 is one of their agnates. All of them stand convicted under Sections 304B, 498A/ 34 and 201/34 of the Penal Code and Section 3 of the Dowry Prohibition Act. For the offence of dowry death they are sentenced to undergo rigorous imprisonment for life; for subjecting the victim to cruelty they are sentenced to R. I. for three years and fine of Rs. 2000/- and on default in payment of fine to under go R. I. for six months; for causing disappearance of the evidence of the offences committed by them they are sentenced to R. I. for three years and fine of Rs. 2000/-and on default in payment of fine R. I. for six months and finally for taking dowry they are sentenced to undergo R. I. for five years and fine of Rs. 20,000/- and on default in payment of fine R. I. for three years. The sentences of imprisonment are directe...
Tag this Judgment!Shravan Ram Vs. State of Bihar
Court: Patna
Decided on: Oct-25-2005
Aftab Alam, J.1. The two appellants before this Court stand convicted under Section 396 of the Penal Code and Appellant No. 1 Shrawan Ram was named In the F. I. R. itself. Appellant No. 2 Rajdeo Ram was named by the inmates of the second of the two houses where dacoity was committed in their statements recorded under Section 161 of the Code of Criminal Procedure. The police seems to have submitted chargesheet against them apparently without much effort to find out the other culprits. Both the two appellants were, therefore, put on trial and were convicted and sentenced as noted above.2. The prosecution ease was instituted on the basis of the statement of Sonamati Devi. (P. W. 3) made before a Sub-Inspector of Police attached to Bijaipur P. S. at the Referral Hospital, Bhore on 5-12-1988 at 3 in the morning. The statement was taken down in the form of fardbeyan (Ext. 2) which was incorporated in the formal F. I. R. (Ext.1) drawn up later on the same day at 7.15 in the morning.3. Sonama...
Tag this Judgment!Nathuni Pandit Vs. State of Bihar
Court: Patna
Decided on: Oct-25-2005
Manohar Lal Visa, J.1. This appeal is directed against the judgment dated 15-2-2003 and order dated 17-2-2003 passed by Additional Sessions Judge-I, Muzaifarpur in Sessions Trial No. 488 of 2001 convicting and sentencing the appellant to undergo rigorous imprisonment for eight years under Sections 376/511 of Indian Penal Code (in short 'IPC') and to pay a fine of Rs. l.000/- and in default to undergo rigorous imprisonment for a further period of one month.2. The case of prosecution in short is that on 3-4-2001, victim Baby Kumari (P.W. 4) aged about ten years then was sleeping with her father Jang Bahadur Thakur (not examined) in the Dalan of her house. At about 4 O'clock in the morning, appellant went there and lifted Baby Kumari and took her in a wheat field situate at a distance of about two hundred yards from her house and committed rape on her. On hulla raised by Baby Kumari, a number of villagers ran towards the place of occurrence and they caught hold of appellant and locked hi...
Tag this Judgment!Aliyas Mian Vs. the State of Bihar
Court: Patna
Decided on: Oct-25-2005
Manohar Lal Visa, J.1. This appeal is directed against the judgment dated 27-2-1992 and order dated 28-2-1992 passed by Additional Sessions Judge II, West Champaran at Bettiah in Sessions Trial No. 196 of 1989 convicting and sentencing the appellant to undergo rigorous imprisonment for a period of five years under Section 376 of Indian Penal Code (in short 'I. P. C.').2. The case of prosecution in short is that on 21-1-1988, informant Meena Devi (PW-4), after working in a sugarcane field of her master Rama Shanker Singh (PW-5), collected sugarcane leaves for fuel and put them in a bundle and when she was returning to her house along with bundle, the appellant stopped her in the way and pulling the bundle from her head threw it and, thereafter, caught hold of her and threw her in the field. When she raised hulla. appellant put a knife on her neck giving threatening that in case she raised hulla. she would be killed. Thereafter, appellant committed rape on her. On hearing hulla raised b...
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