Patna Court July 2005 Judgments
Rishikesh Bind and Surendra Kumar Vs. the State of Bihar
Court: Patna
Decided on: Jul-29-2005
Syed Md. Mahfooz Alam, J.1. Criminal Appeal No. 686 of 2004 filed by appellant Rishikesh Bind and Criminal Appeal No. 758 of 2004 filed by appellant Surendra Kumar were heard together as both the criminal appeals arise out of the common judgment dated 8th September, 2004 passed in NDPS Act Case No. 21 of 2002 arising out of Simari P.S. Case No. 124/02, as such they are being disposed of by this common judgment. The judgment will be delivered in Cr. Appeal No. 686 of 2004.2. Both these criminal appeals have been preferred against the judgment dated 8th September, 2004 and order dated 14th September, 2004 passed by Sri Anil Kumar Verma, District & Sessions Judge-cum-Special Judge, Buxar in NDPS Act Case No. 21 of 2002 arising out of Simari P.S. Case No. 124 of 2002 whereby the learned Special Judge has been pleased to convict both the appellants under Section 20(b)(ii)(B) of the Narcotic Drugs & Psychotropic Substances Act (hereinafter referred to as 'the Act') and accordingly, convict...
Tag this Judgment!Aditya Nath Jha Vs. State of Bihar and ors.
Court: Patna
Decided on: Jul-29-2005
1. After having heard and considering the facts, the delay in filing the appeal, as prayed for, is condoned.2. The challenge in this Letters Patent Appeal is directed against the order of the learned Singh Judge passed on 27.4.2005 in CWJC Nos. 8386 of 2001 and 10277 of 2001 whereby the claim of the appellant, being original petitioner in CWJC No. 8386 of 2001 for, appointment as munsif in the Judicial services of the State of Bihar came to be turned down on various reasons.3. We have given our anxious thoughts and considered thread bare the contents and the colour of the impugned judgment of the learned Single Judge as well as the relevant provisions of law, latest pronouncements on the point in issue and we find that the alleged claim based on the allegation of non-appointment of the munsifs of the Judicial service in the State of Bihar is rightly adjudicated upon by the learned Single Judge. Not only it is founded by the reasons but also supported by the provisions of law.4. There ...
Tag this Judgment!Dilip Gupta and anr. Vs. Debashish Palit and ors.
Court: Patna
Decided on: Jul-28-2005
Sudhir Kumar Katriar, J. 1. The defendants first set (hereinafter referred to as 'the defendants') are the appellants against a judgment of affirmance. This appeal is directed against the judgment and decree dated 6-3-2003, passed by learned Vth Additional District Judge, Patna, in title Appeal No. 45 of 1999/ 5 of 2001 (Dilip Gupta and Anr. v. Debashish Palit and Ors.), whereby he has dismissed the appeal preferred by the defendants (the appellants herein), and has upheld the judgment and decree dated 29-5-1999, passed by the learned Subordinate Judge-VIII, Patna, in title Suit No. 61 of 1986 (Debashish Palit and Ors. v. Dilip Gupta and Anr). The learned trial Court had decreed the suit and ordered for ejectment of the defendants from the suit property, and for khas possession of the plaintiffs. We shall go by the description of the parties occurring in the plaint.2. First the background of the present suit. Late T.C. Palit, the ancestor of the plaintiffs (respondent first set here...
Tag this Judgment!Vijay Sah Vs. State of Bihar
Court: Patna
Decided on: Jul-28-2005
Rekha Kumari, J.1. The appellant calls in question the legality of the impugned judgment passed by Sri Daroga Prasad, 4th Additional Sessions Judge, Sitamarhi in Sessions Trial No. 318 of 1996 whereby he has held the appellant guilty under Section 396 of the Indian Penal Code and sentenced him to undergo imprisonment for life and also to pay a fine of Rs. 10,000/- and in default to undergo further rigorous imprisonment for two years.2. The prosecution version which led to the trial of the appellant is as follows:3. In between the night of 13th/14th March, 1996 when informant Sanjiv Kumar Tiwari (PW 5) was sleeping in his house in a room with his wife, he heard some commotion. His father opened the door. Some of the miscreants entered into the house and assaulted his father. The father of the informant ran away from the house. In the meantime, 5-6 dacoits entered into the room of the informant, among whom the informant identified one Nagendra Mandal of village Birpur Malkana. He was h...
Tag this Judgment!Gulzar Prasad Vs. Bihar State Electricity Board, Through Its Secretary ...
Court: Patna
Decided on: Jul-28-2005
Barin Ghosh, J.1. Petitioner was receiving supply of electricity through a domestic meter. In August, 2000 he permitted supply of electricity obtained through that meter to be used for commercial purpose. This was detected by the Board and the Board claimed charges for supply of such electricity at commercial rate. The petitioner wanted the Board to apportion this consumption in between domestic consumption and commercial consumption. The Board refused to do so and claimed charges on commercial rate. The petitioner refused to pay the same and accordingly the Board disconnected the supply of electricity. The Board is claiming for supply effected through that meter during the months of August, 2000 to October, 2002 at commercial rate. In the meantime the petitioner obtained a separate meter to obtain supply of electricity for commercial purpose and went on paying the bills as raised for consumption of electricity through that meter at commercial rate. Supply through that meter is still...
Tag this Judgment!Smt. Veena Prasad Vs. State of Bihar and ors.
Court: Patna
Decided on: Jul-28-2005
S.N. Hussain, J.1. This writ petition was originally filed by the petitioner against proposal of the Government dated 10.6.2005 (Annexure-1) by which the petitioner's transfer to Bahadurpur, Darghanga, as well as transfer of respondent No. 5 to Ghelar, Mahepura, both dated 29.3.2005, was recommened to be cancelled and it was further recommended that the petitioner be transferred to Ghelar, Madhepura, whereas respondent No. 5 be retained at Bahadurpur, Darbhanga as he had not completed three years period and was posted there since before the transfer of the petitioner.2. The short fact of this case is that earlier the petitioner was waiting for posting and by Notification of chain transfer dated 29.3.2005 the petitioner was transferred to Bahadurpur, Darbhanga, as Circle Officer whereas respondent No. 5 who was working there was transferred as Circle Officer, Ghelar Block, Madhepura.3. It is further contended that as per the said Notification the petitioner joined on 30.3.2005 whereaf...
Tag this Judgment!Harishchandra Sah and anr. Vs. the State of Bihar
Court: Patna
Decided on: Jul-27-2005
Rekha Kumari, J.1. This appeal is directed against the judgment and order dated 19.4.2003 and 21.4.2003 passed by Sri Raghubar Sharma, 5th Addl. Sessions Judge, East Champaran Motihari in S. Tr. No. 622 of 2001/75 of 2003 under which he has convicted the appellants Harishchandra Sah and Jogindra Sah under Section 376/34 of the Indian Penal Code and has sentenced them to undergo R.I. for seven years.2. The prosecution case is that the prosecutrix is a widow having four children. Her husband died about three years prior to the occurrence. The appellants are distant pattidars of her husband. They had an evil eye on the prosecutrix since the death of her husband. They wanted to keep her as their concubine to which she was not ready. They were, hence, always in search of opportunity when they could find her in a lonely place and outrage her modesty. On 18.9.2000 at about 7.30 to 8.00 p.m. the prosecutrix was going to ease herself at Khajurwani of one Kuldeep Sah, South of her house and wh...
Tag this Judgment!State of Bihar Vs. Shrilal Yadav and ors.
Court: Patna
Decided on: Jul-26-2005
Rekha Kumari, J.1. This is an appeal by the State of Bihar against the judgment dated 22.12.1987 passed by Shri Anirudha Prasad Chaudhary, 2nd Additional Sessions Judge, Madhepura in Sessions Trial No. 42 of 1985 by which he has acquitted all the seven respondents of the charges framed against them.2. Respondent Chandeshwari Yadav, Bino Yadav are sons of respondent Saryug Yadav. All other respondents are sons of one Muni Lal Yadav.3. The prosecution case, in brief, is that on 14.8.1984 at about 5.30 in the morning, the two she buffaloos of respondents Saryug Yadav and Srilal Yadav had strayed in the Marua field of Dipo Yadav @ Dip Narayan Yadav, brother of the informant Narayan Prasad Yadav. Dipo Yadav started driving the buffaloos towards the house of respondent Srilal Yadav to raise his protest. When he reached in front of the house of Tilkeshwar Yadav, respondent Bino Yadav started altercating with him. The respondent then called his brother and others. On this the other responden...
Tag this Judgment!Pramod Kumar Vs. Vijay Kumar Sah and ors.
Court: Patna
Decided on: Jul-26-2005
S. Nayer Hussain, J. 1. Heard learned counsel for the parties.2. The petitioner is Defendant No. 1 in Title Suit No. 11 of 1989 which was filed by Opposite Party Second set for declaration of title, recovery of possession and also for declaration that Defendant No. 1 was a monthly tenant as well as for arrears of rent.3. This revision is directed against the order dated 26.2.1999 passed in the aforesaid suit by which the learned Subordinate Judge-II, Khagaria, allowed the prayer of defendant No. 3 (O.P. No. 1) for amendment of the written statement making counter- claim in the suit against defendant No. 1.4. The learned counsel for the petitioner submits that the suit was filed in the year 1989 whereafter the defendant No. 1 Petitioner appeared and filed his written statement claiming his independent right and title over the suit property. Thereafter, Opposite Party No. 1 appeared in the suit and filed an intervention petition for impleading him as a party in the suit. The said petiti...
Tag this Judgment!Branch Manager, National Insurance Co. Ltd. Vs. Sayade Bibi and ors.
Court: Patna
Decided on: Jul-25-2005
S.N. Hussain, J.1. I.A. No. 1499 of 2004 has been filed for condoning the delay in filing of this civil revision. From the statements made in this application I am satisfied that sufficient grounds have been made out to condone the delay. Accordingly, the delay is condoned and interlocutory application is allowed.2. Heard learned Counsel for the parties. The petitioner is the Branch Manager of National Insurance Co. Ltd., which was opposite party No. 2 in M.A.C.T. Case No. 15 of 2001 filed by the opposite parties of this civil revision confining it under Section 163A of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act' for the sake of brevity) for payment of compensation on structured formula basis due to the death of Ish Mohammad, husband of opposite party No. 1 and father of minor opposite party No. 2 caused by rash and negligent driving of the truck owned by opposite party No. 5 and driven by his driver.3. The revision-petitioner is aggrieved by the impugned order ...
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