Patna Court March 2007 Judgments
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Uma Devi, Vs. the State of Bihar
Court: Patna
Decided on: Mar-26-2007
Shiva Kirti Singh and Subash Chadra Jha, JJ.1. Both the appeals arise out of the same judgment dated 13th December, 2001 passed in Sessions Trial No. 291/99 by learned 4th Additional District and Sessions Judge, Samastipur, whereby the two appellants of Cr.Appeal No. 24/2002, who are mother-in-law and father-in-law respectively of the deceased, and sole appellant of the other appeal, who is husband of the deceased, have been convicted under Sections 304B, 201 and 120B of the Indian Penal Code. For the offence under Section 304B I.P.C. the appellants have been awarded R.I. for life, for offence under Section 201 I.P.C. three years R.I. and fine of Rs. 5000/- and in default R.I. for one year and for Section 120B I.P.C. R.I. for three years.2. The informant of this case, Kailash Giri (P.W.11) is father of the deceased Sanjoo Devi. The prosecution case, in brief, is that on 8.8.1998 at about 12 noon the informant went to matrimonial house of his daughter Sanjoo Devi to bring her to his o...
Ainul Haque and ors. Vs. the State of Bihar and ors.
Court: Patna
Decided on: Mar-23-2007
Barin Ghosh and Navaniti Pd. Singh, JJ.1. In the revisional survey, the father of the respondents No. 5 & 6 was shown as the riayat of the land, being the subject matter of the writ petition. It is not known when the father of the respondents No. 5 & 6 died. Be that as it may, a proceeding was initiated against the respondents No. 5 & 6 under the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961. That was contested by the respondents No. 5 & 6. In terms of the provisions contained in the said Act, in relation to lands, being the subject matter of proceedings initiated under the Act, a draft statement is required to be prepared. There are provisions in the said Act for publication of such draft statement in the Official Gazette of the district and at such places and in such manner as may be prescribed. The prescription directs that a copy of such notice shall also be affixed to the Notice Board of the office of the Collector, Anchal Adhikari and Gr...
Jag NaraIn Singh @ Jag NaraIn Bhagat and ors. Vs. the State of Bihar
Court: Patna
Decided on: Mar-23-2007
Abhijit Sinha, J.1. Since both these appeals arise from the same common order and Judgment, Both these appeals, for the sake of convenience, have been taken up together and having been heard together are being disposed of by this common judgment.2. Both these appeals are directed against the Judgment of conviction and order of sentence dated 14.11.03 passed by Sri Anant Prasad Srivastava, Ad hoc Sessions Judge-cum-presiding Officer, Fast Track Court No. I, Siwan in Sessions Trial No. 269/2 of 1988/2001 arising out of Siwan Mufassal P.S. Case No. 36 of 1976.3. The prosecution case can be culled out from the fard beyan given by one Jagarnath Chaudhary of Village -Mahuari paschimwari Tola to the Sub-Inspector of Mufassil P.S. which was in respect of the murder of one Ramashray Chaudhary and 23 persons including the appellants were made to figure as accused. It is said that at around 10.30 A.M. on 22.5.1976 while Ramashray Chaudhary in the company of Doma Chaudhary, Motilal Prasad, Shiv S...
indra Mohan Prasad Sinha Vs. the Bihar State Electricity Board Through ...
Court: Patna
Decided on: Mar-23-2007
Barin Ghosh and Navaniti Pd. Singh, JJ.1. There is no dispute that the respondent employer adopted the provisions of the Bihar Service Code and the Bihar Pension Rules and accordingly they governed the service conditions of the employees of the respondent employer. While the appellant was serving the respondent employer, a disciplinary proceeding was initiated against the appellant by the respondent employer by issuing a chargesheet. While such disciplinary proceeding was initiated, a criminal case was also launched against the appellant. The charges against the appellant were enquired into by an Enquiry Officer. The Enquiry Officer submitted his report and thereby exonerated the appellant of the charges. The disciplinary authority thereupon by the order impugned in the writ petition while differed from the reasons given by the Enquiry Officer in his report, straightaway punished the appellant. This is not permissible. Accordingly, we have no other option but to interfere with the or...
Maqsood Ahmad Khan and ors. Vs. the State of Bihar and anr.
Court: Patna
Decided on: Mar-20-2007
Madhavendra Saran, J.1. This application under Section 482 of the Code of Criminal Procedure (in short as the Code) has been filed for quashing the order dated 4.7.1997 passed, by Shri A.K. Singh, Judicial Magistrate, 1st Class, Gaya in Tr.No. 418/97 arising out of Complaint case No. 43/94 whereby and whereunder he has taken cognizance under Sections 144, 148, 427, 323 and 379 of the Indian Penal Code.2. The case of the complainant-opposite party No. 2, in short, is that the complainant's father and father of accused-petitioner No. 1 Maqsood Ahmad Khan were full brothers and they were continuing in possession of the properties and the ancestral properties have not been partitioned. However, some properties were partitioned among them by virtue of Khangi Batwara. It is his further stand that some land of village Piparbar, Tola Salai Tand, Police station Dumaria, District Gaya were gifted to the complainant's grand father and accused petitioner No. 1 and since the date of execution of d...
Ramayan Mahto and anr. Vs. Mahanth Bhagwan Das
Court: Patna
Decided on: Mar-20-2007
Chandramauli Kr. Prasad, J.1. Plaintiffs-petitioners, being aggrieved by the order dated 5.10.2005 passed by the Munsif, I, Begusarai in T.S.No. 96 of 1997 acceeding the prayer of the defendant-opposite party to amend the written statement, has preferred this application.2. Short facts, giving rise to the present application, are that the plaintiffs filed the suit for declaration of title and recovery of possession as also for permanent injunction and mesne profit. According to the plaintiffs, Achhe Mahto and Chanchal Mahto had purchased 6 katha 9 dhoors of land of Survey Plot No. 278 situated at Mauza Cheria Bariarpur by registered sale deed dated 13.6.1930 executed by Jua Barai and came in possession thereof. Sudama Devi, daughter of Achhe Mahto by rgistered sale-deed dated 14.3.1969 sold land of her share in Survey Plot No. 278 measuing 1 katha 12 dhurs to Ramayan Mahto and Hari Mahto sons of Chanchal Mahto. Another daughter of Achhe Mahto Lukhiya Devi sold her share in the said p...
Saiyad Alam and ors. Vs. the State of Bihar
Court: Patna
Decided on: Mar-20-2007
Sadanand Mukherjee, J.1. Heard, the parties.2. This is an application for quashing the order dated- 12.6.2004, passed by the Court of A.D.J. past Track Court No. 4, Kishanganj in Sessions Trial No. 374 of 2001, by which summons have been issued to the petitioners to face trial on the basis of an application under Section 319 of the Code of Criminal Procedure.3. In the F.I.R. it is alleged that 30 accused persons named in the F.I.R. were uprooting the hut of the informant. It is further alleged that accused petitioner No. 1 caught hold of the informant and accused Md. Latif (non-petitioner) assaulted him with Danda (bamboo stick) on the little finger of right hand and the skin was damaged and accused Noor Md. (non-petitioner also assaulted the informant with Danda and fists and slaps. It is alleged that alarm was raised and nephews of the informant, Mukhtar Alam and Majrul reached there, and on their arrival accused petitioner No. 1 allegedly also assaulted Mukhtar with Kulhari (axe) o...
Birendra Singh Vs. the State of Bihar and ors.
Court: Patna
Decided on: Mar-20-2007
Barin Ghosh, J.1. Petitioner came to this Court by filing the present writ petition seeking time bound promotions. There is no dispute that the State came up with a policy to accord two time bound promotions to a person, who is stagnant in the same post for a long period of time. The policy of the Government provided that First Time Bound promotion will be accorded after completion of 10 years or with effect from 1st April, 1987, whichever is earlier, and the Second Time Bound promotion will be accorded after completion of 25 years of service, but in any case not earlier than three years from the date of according First Time Bound promotion.2. There is no dispute that the petitioner was working as Steam Man in the Workcharge Establishment of the State before he was brought into the Permanent Establishment of the State where also he worried as Steam Man, but the dispute is since when he started discharging the duties of Steam Man. There cannot be any dispute, as it appears from Annexur...
Kenjengbam Arun Singh Vs. Union of India (Uoi)
Court: Patna
Decided on: Mar-20-2007
Shiva Kirti Singh and Subash Chandra Jha, JJ.1. The sole appellant is aggrieved by his conviction under Section 20(b)(ii)(c) of the NDPS Act for which he has been awarded RI for 13 years and a fine of Rs. 1,00000/- (One Lac) in lieu whereof he is to undergo a further imprisonment of one year RI. The impugned judgment dated 18th March, 2006 has been rendered by learned Additional District & Sessions Judge-cum-Special Judge, NDPS Act, Kishanganj in Special Case No. 08 of 2001/Trial No. 05/2001 which arises out of Kishanganj Unit case No. 21.NDPS Act/KNE/2001.2. According to the prosecution, essential facts in brief are that on 23rd March, 2001 officials of the Custom Department, Kishanganj received a telephonic information that contraband ganja was being transported from Imphal to Calcutta by a bus bearing Registration No. MN-04/5255 via Kishanganj. On receipt of the information the Superintendent of Customs constituted a preventive team and the advance team of preventive officers locat...
Satrudhan Singh and ors. Vs. Hardwar Singh and ors.
Court: Patna
Decided on: Mar-20-2007
Chandramauli Kr. Prasad, J.1. Defendants Ist set-petitioners, being aggrieved by the order dated 2.6.2005 passed by the Subordinate Judge, VIII, East Champaran at Motihari in Partition Suit No. 86 of 1998 rejecting their prayer for amendment of the written statement, have preferred this revision application.2. Defendants-Ist set consist of defendant No. 1 to 6. Defendant Nos. 1 and 2 as also defendant Nos. 3 to 6 filed separate written statements. Defendant Nos. 1 and 2 as also defendant Nos. 3 to 6 later on, also filed separate applications for amendment of the written statement.3. Defendant Nos. 1 and 2 sought amendments of paragraph Nos. 9 to 12 and 14 of the written statement. In paragraph No. 9 of the written statement, these defendants had admitted that the land detailed in the deed of conveyance is a purchased land of plaintiff No. 1, whereas by proposed amendment, they seek to withdraw that and plead that it is not an acquired land of plaintiff No. 1 and, in fact, fell into h...
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