Patna Court March 2007 Judgments
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Umesh Kumar and Heera Lal Soni Vs. the State of Bihar
Court: Patna
Decided on: Mar-20-2007
Ghanshyam Prasad, J.1. Both the aforementioned appeals arise out of one and the same judgment of conviction and sentence dated 15.7.2004/17.7.2004 passed by Ist Additional Sessions Judge, Sasaram in Dehri P.S. Case No. 196 of 2001 whereby both the appellants have been convicted under Section 21 of the N.D.P.S. Act and have been sentenced to undergo R.I. for ten years with fine of Rs. 1 lac each and in default to further undergo R.I. for two years.2. Prosecution story in brief is that on 19.8.2001 in the evening, incharge of Dalmianagar O.P. S.I., Sri Tutu Ram (P.W.1) alongwith armed forces was on evening patrolling. In course of it, at about 6:30 P.M. the team reached at Choudhury Chowk and started checking of two wheelers. In the meantime, two persons came in suspicious condition. They were challenged and on doubt their persons were searched in presence of two local witnesses, namely, Baban Dubey (P.W.2) and Harendra Singh (P.W.3). The appellant Umesh Kumar was found in possession of...
Md. Shahzada Vs. the State of Bihar and ors.
Court: Patna
Decided on: Mar-20-2007
J.N. Bhatt, C.J.1. Whether a tenderer of the resignation could be permitted to withdraw the resignation from an elective post before the acceptance of the resignation, is the sole question which is posed before us for consideration and adjudication in this Letters Patent Appeal under Clause 10 of the Letters Patent questioning the legality and validity of the judgment of the learned Single Judge recorded, on 23.8.2005, in CWJC No. 8322 of 2005.2. We have heard the learned Counsels for the parties. We have also, dispassionately, examined the record. We have also analyzed and considered the relevant provisions of law and have also considered the case law relied on.3. The appellant original petitioner tendered his resignation, who was then Vice Chairman of the respondent Munger Municipality. He had addressed his letter of resignation one to the Divisional Commissioner, and the other to the Executive Officer, Munger Municipality. But subsequently, he tendered a letter withdrawing his resi...
Basudeo NaraIn Sinha and anr. Vs. the State of Bihar and anr.
Court: Patna
Decided on: Mar-20-2007
Ghanshyam Prasad, J.1. This application under Section 482 Cr.P.C.d has been filed to awash the order dated 21.1.2006 as well as dated 8.3.2006 passed by Fast Track Court No. 1, Sasaram in Sessions Trial No. 388 of 1990. Vide order dated 21.1.2006, the court below has allowed the petition dated 22.9.2004 of the prosecution and has marked report of the Director Police Laboratory, C.I.D,, Patna as Ext.4. Vide order dated 8.3.2006. the lower court has rejected the petition of the petitioners filed under Sections 311 and 340 of the Cr.P.C. as well as petition for sending the letter (Ext.2/C) to Forensic Science Laboratory, Hyderabad or examination.2. Heard.3. On perusal of the order dated 21.1.2006, it appears that the court below has marked report of the Director. C.I.D., patna as Ext.4 holding it as public document. He has relied upon a decision of the apex court reported in 1975 S.C.905 (Phool Kumar v. Delhi Administration).4. Section 45 of the Evidence Act deals with the opinion of the...
Indian Oil Corporation Limited and ors. Vs. Neel Kamal Chanchal
Court: Patna
Decided on: Mar-19-2007
Rekha Kumari, J.1. This appeal is directed against the order dated 24.8.2004 passed in C.W.J.C. No. 3136 of 2003 by a learned Single Judge of this Court whereby the writ petition of the petitioner respondent has been allowed. The Appellant-respondent has filed the above writ petition for quashing the letter dated 12.3.2003 (Annexure-1 of the writ petition) issued by the appellant wherein the appellant's offer letter dated 18.1.2003 (Annexure-4 of the writ petition) to the respondent to the post of Operator-D Trainee (Power and Utility) was cancelled and withdrawn.2. The admitted facts in this case are that the Indian Oil Corporation Limited (IOC)-appellant wanted to appoint some Operators-D grade (Power and Utility) in Barauni Refinery in the pay scale of Rs. 5400-10850 for which they require trainees who were to be appointed against the vacant posts after successful completion of six months training. The appellant, hence, notified about it to the employment exchange. The names of the...
Gopi Krishna Jha Vs. the State of Bihar and ors.
Court: Patna
Decided on: Mar-19-2007
Barin Ghosh, J.1. By an order dated 31st January, 1991, the services of the petitioner were terminated. The petitioner challenged the said termination by filing a writ petition registered as CWJC No. 1937 of 1991. The Writ Court while allowed the writ petition and set aside the notification dated 31st January, 1991 in so far as the same purported to terminate the services of the petitioner, directed that the petitioner shall be reinstated in service. The Court then provided as follows:The period from the date of services of the petitioner to the date of reinstatement shall be counted for continuity of service. However, the petitioner shall be entitled to pay and allowances on and from the date of reinstatement or from. 1st November, 1995 whichever is earlier.2. A Special Leave Petition filed against this order before the Hon'ble Supreme Court was dismissed on the ground of limitation.3. In purported compliance of the directions of this Court in the said writ petition, an order of rein...
Ram Babu Paswan Vs. State of Bihar
Court: Patna
Decided on: Mar-19-2007
1. The sole appellant along with 3 others was charged for the offence under Sections 302/34 and 201/34 of the I.P.C. By the impugned judgment and order dated 6-5-2002 while acquitting the other three co-accused, the learned 1st Addl. Sessions Judge, Samastipur has convicted the appellant for the aforesaid charges in Sessions Trial No. 119/26 of 1999 arising out of Dalsingsarai P.S. Case No. 15 of 1998 and awarded Rigorous Imprisonment for Life and Rigorous Imprisonment for five years respectively for the aforesaid two charges.2. The prosecution case is based upon circumstantial evidence. As per Fardbeyan of the informant Suresh Paswan (P.W. 10), his son Ritesh Kumar aged about 8 years went out to play at about 6.30 p.m. on 11-2-1998 along with another young boy Sonu Paswan aged about 7 years. They were playing in front of Darwaja of the appellant, a neighbour. At about 7 p.m. when Ritesh did not return then a search started with the help of Shyam Paswan (P.W.6) and Baidyanath Paswan (...
Rambad Patila Shramik Sahyog Samiti Limited and anr. Vs. the State of ...
Court: Patna
Decided on: Mar-18-2007
Navin Sinha, J.1. The controversy for determination in both these applications is whether the agreement for winning of sand is a 'lease' or a 'licence'. If it is a licence, Stamp Duty on the agreement shall be payable under Item 5 of Schedule IA of the Stamp Act. If it be a lease, Stamp Duty shall be payable in accordance with item 35(a)(1).2. Learned Counsels for the petitioners submitted that the rights settled to them were a licence and not a lease. Reliance was placed on : [1976]3SCR661 (Board of Revenue v. A.M. Ansari), to submit that then was no creation of an interest in immovable property or a right to possess or enjoy it. This was a necessary concomitant of a lease. The petitioners were only entitled to collect sand from the surface of the lands without any right to the lands or to even put up structure on the lands. The right to only take away the fructus naturals could not be construed as lease. Relying upon : [2002]3SCR783 , Corporation of Kalicut v. K. Shriniwashan, it wa...
Md. Sayeed and anr. Vs. the State of Bihar and ors.
Court: Patna
Decided on: Mar-16-2007
Barin Ghosh, J.1. On 19th August, 1980, both the petitioners were promoted to the post of Horticulture Inspector. There is no dispute that the post of Horticulture Inspector is a feeder post for promotion to the post of Horticulture Officer/Sub Divisional Horticulture Officer. On 24th April, 1999, the Departmental Promotion Committee made recommendations in favour of the petitioners for being promoted to the post of Horticulture Officer/Sub Divisional Horticulture Officer. On the basis of such recommendation, by an order dated 14th October, 1999, the petitioners and others were promoted to the post of Horticulture Officer/Sub Divisional Horticulture Officer. Petitioners were given a show cause and thereby they were informed that their promotion order dated 14th October, 1999 is liable to be cancelled. It was not indicated in the show cause in details the reasons in support thereof. Thereupon on 10th May, 2001, by one order the promotions accorded to the persons by the order dated 14th...
Shiv Kumar Yadav and ors. Vs. the State of Bihar and anr.
Court: Patna
Decided on: Mar-16-2007
Ghanshyam Prasad, J.1. Heard.2. This application under Section 482 Cr.P.C. has been filed to quash the order dated 13.3.2006 passed by Fast Track Court No. I, Aurangabad in Sessions, Trial No. 111 of 2004/20 of 2005 thereby all the five petitioners have been summoned under Section 319 Cr.P.C. alongwith other accused persons.3. The facts of this case in brief is that on 10.6.2002 at 2.30 P.M. occurrence took place for a piece of land between the prosecution and accused party. In that very incident, two Persons from the side of accused-petitioners were murdered. Both the parties lodged case against each other. The accused side lodged fardbeyan on the same day at 9.30 P.M. upon which the police registered case bearing No. 258 of 2002 under Sections 302, 307, 147, 148 and 149 I.P.C. against 14 persons (Annexure-2). Next day on 11.6.2002 at 9.00 P.M. one Budhni Devi from the side of the prosecution lodged, farbeyan before Mufassil P.S. upon which the police registered case bearing No. 260 ...
Angad Ram Vs. State of Bihar
Court: Patna
Decided on: Mar-16-2007
Abhijit Sinha, J.1. Angad Ram, the sole appellant, has preferred this appeal from jail where he is suffering incarceration consequent to the judgment and order dated 31-5-2003 passed by Sri Shiva Bachan Singh, learned Presiding Officer, Fast Track Court No. I, Kaimur at Bhabhua, in Sessions Trial No. 26/200 of 2000/2001 (arising out of Mohania P.S. Case No. 33/2000). By the impugned judgment and order the appellant on being found guilty of the offences under Sections 376 and 450, I.P.C. has been sentenced to undergo rigorous imprisonment for 7 years and also pay a fine of Rs. 500/-, in default whereof to suffer further rigorous imprisonment for three months for the offence under Section 376, I.P.C. However, no separate sentence was imposed for the offence under Section 450, I.P.C.2. The prosecution case is based on the statement given by one Indrawati Devi, the wife of Ram Sagar Sharma at the Mohania P.S. at about 11.30 a.m. on 6-2-2000 in respect of an occurrence which took place ear...
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