Patna Court May 2007 Judgments
Anil Bishwas Vs. the State of Bihar
Court: Patna
Decided on: May-08-2007
Chandra Mohan Prasad, J.1. This appeal is against the judgment dated 5.3.2003 of the 1st Additional Sessions Judge, Purnea passed in Sessions Trial No. 597/02/Trial No. 162/02 whereby the appellant has been convicted under Section 395 of the Indian Penal Code and sentenced to undergo R.I. for seven years and a fine of Rs. 1000/- and in default of payment of fine to undergo R.I. for six months.2. The prosecution commenced with the fardbeyan of the informant Ashok Acharya, the owner of the wholesale medicine shop named as Ashok Acharya Distributors situated in Mohalla Line Bazar, Purnea. The fardbeyan of the informant was recorded by S.I., Sindhu Sekhar Singh on 3.7.2001 at 8 P.M. at the shop of the (informant). The informant alleged that on that day (3.7.2001) at about 7 P.M. he had gone to a nearby medical shop for some work and at 8.20 P.M. when he returned to his shop he saw 5-6 criminals were present in the middle room of his shop. Seeing him (informant) one of the criminals caught...
Tag this Judgment!Bhola Bind Vs. State of Bihar
Court: Patna
Decided on: May-08-2007
Abhijit Sinha, J.1. The sole appellant along with one Datta Kahar was put on trial for commission of offence punishable under Section 395 of the Indian Penal Code in Sessions Trial No. 1071/45 of 1979/90, arising out of Chainpur P.S. Case No. 3 of 1976 and Sri Diwakar Jha, the then 1st Additional Sessions Judge, Bhabua, by his judgment and order dated 21st November, 1992 while acquitting Datta Kahar of the charges framed against him recorded a verdict of conviction against Bhola Bind and sentenced him to undergo rigorous imprisonment for ten years.2. The criminal prosecution was set in motion when the informant, Durga Prasad Singh, gave his fardbeyan at about 5 a.m. on 4-7-1976 in respect of the alleged dacoity which took place in his house in the night between 3rd/4th July, 1976. According to the informant he was sleeping at his Darwaja in his sahan and the female and other inmates were sleeping inside the house when at around 1.30 a.m. he was awakened by the barking of a dog. The f...
Tag this Judgment!Mahesh Jha, Vs. the State of Bihar and ors.
Court: Patna
Decided on: May-08-2007
Sudhir Kumar Katriar, J.1. The three writ petitions have been preferred with a common prayer to direct the respondent authorities to consider the cases of the petitioners for promotion to the Bihar Industries Service (hereinafter referred to as 'the B.I.S.'), on the basis of a joint gradation list of the functionaries mentioned in Schedule-IV of the Bihar Industries Service Cadre Rules 1987 (hereinafter referred to as 'the Rules'), prepared on the basis of seniority-cum-merit. The official respondents have filed their counter affidavits and have opposed the writ petitions. Respondent No. 6 of C.W.J.C. No. 4959 of 2002 (Nirman Kishore Jha) has filed a separate counter affidavit and has made common cause with the official respondents. The petitioners in the three writ petitions belong to Group-C, and respondent No. 6 of C.W.J.C. No. 4959 of 2002 belongs to Group-B, of Schedule-IV of the Rules.2. The facts, and the issues raised, are common to the three writ petitions, and are being disp...
Tag this Judgment!Mohammad HussaIn Vs. Syed Md. JalaluddIn and ors.
Court: Patna
Decided on: May-08-2007
S.N. Hussain, J.1. This First Appeal has been filed by the plaintiff-appellant challenging judgment and decree dated 26.07.1988, by which the learned 5th Subordinate Judge, Motihari (East Champaran) dismissed Title Suit No. 76 of 1983, filed by the appellant for a decree of specific performance of contract against the defendant-respondents and for directing defendants No. 1 and 2 to execute and get registered deed of sale with respect to suit property in favour of the plaintiff-appellant on receiving the balance consideration money amounting to Rs. 18,000/- within the period prescribed by the court, failing which, the same be executed and registered through the agency of the court.2. The suit premises, as detailed in Schedule-I of the plaint, is 14 dhurs of land out of plot No. 328, appertaining to Khata No. 30 and 10 dhurs of land out of plot No. 331, appertaining to khata No. 142, along with a tiled house standing thereon bearing Holding No. 254 of Ward No. 13, Tauzi No. 1351. Thana...
Tag this Judgment!Sayed Farid Mian @ Farid Mian, Vs. the Union of India (Uoi)
Court: Patna
Decided on: May-08-2007
Chandramauli Kr. Prasad and Abhijit Sinha, JJ.1. Md. Aslam (sole appellant in Cr. Appeal No. 496 of 2006) and Sayed Farid Mian @ Farid Mian and Javed Alam (appellants in Cr. Appeal No. 525 of 2006), being aggrieved by the judgment dated 13.4.2006 and order dated 28.4.2006 passed by the 4th Additional Sessions Judge, Muzaffarpur in Trial No. 18 of 2006 holding them guilty of offence under Section 23(c) of the Narcotic Drugs and Psychotrophic Substance Act and inflicting on them the sentence of rigorous imprisonment for 15 years and further a fine of Rs. 1,00,000/- each, in default, of payment, of fine to undergo rigorous imprisonment for further two years, have preferred these appeals.2. Both the appeals which arise out of the came judgment and under were heard together and are being disposed of by this common judgment.3. According to the complaint lodged by P.W.2 R.K. Srivastava, Intelligence Officer, Directorate of Revenue Intelligence, Muzaffarpur on receipt of secret information, h...
Tag this Judgment!Veveka Nand Mehta @ Viveka Nand Mehta and ors. Vs. the State of Bihar
Court: Patna
Decided on: May-07-2007
Shiva Kirti Singh and Subash Chandra Jha, JJ.1. All the three appeals have been heard together because they arise out of same impugned judgment and are, therefore, being disposed of by this common judgment. The sole appellant of Cr. Appeal No. 680 of 2002 Veveka Nand Mehta @ Viveka Nand Mehta and the three appellants of Cr. Appeal No. 684 of 2002, namely, Raso Sah, Siya Ram Mehta and Butan Mehta, have been convicted for the offence under Section 302 read with Section 34 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life; whereas the same sentence has been awarded to sole appellant of Cr. Appeal No. 744 of 2002, Shiv Narain Mehta @ Shib Narayan Mehta but for offence under Section 302 I.P.C. only, The impugned judgment dated 27th September, 2002, has been passed by learned 1st Additional Sessions Judge, Madhepura, in Sessions case No. 75 of 2001 whereby all the five appellants have been convicted, as noticed above, and by the impugned order dated 30th Septe...
Tag this Judgment!Harinagar Sugar Mills Ltd. and anr. Vs. the State of Bihar and ors.
Court: Patna
Decided on: May-07-2007
Navaniti Pd. Singh, J.1. Heard.2. By the present writ application the petitioners have challenged the approval as granted by the State Government in respect of the proposal sent by the Collector of the district in terms of Bihar Land. Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961, in respect of lands which are required to be exempted from the ceiling proceedings in respect of the petitioners and lands which ought to be declared surplus. The said communication is contained in letter dated 20.10.2006 (Annexure-10/A).3. The contention raised by the petitioners being pure question of law and all facts being on record and not in dispute the State has chosen not to file a counter affidavit.4. With the consent of the parties this writ application was heard and is being disposed of at the stage of admission itself.5. The petitioner-company was established for the purposes of manufacturing sugar. It has a sugar mill at Harinagar in the district of West Champaran ...
Tag this Judgment!Rama Kant Singh and anr., Vs. the State of Bihar and ors.
Court: Patna
Decided on: May-03-2007
Ajay Kumar Tripathi, J.1. Heard counsel for the parties.2. Petitioners in all these writ applications are employees of various Command Area Development Agency. Some of the petitioners are working with Sone Command Area Development Agency and others under Gandak Command Area Development Agency (hereinafter to be referred to as the Agencies). These Agencies were established under resolution of the Government dated 1.10.1975. Subsequently vide, an Ordinance promulgated in the year 197 5 a statutory status was granted to these Agencies. It was finally converted into The Bihar Agricultural and Rural Area Development Agency Act 1978 i.e. Act 3 of 1979. In terms of this legislation, the Agencies are autonomous bodies in their own right and they have a Board of Directors for administration and control over these Agencies under Section 39 of the Act. These Agencies have powers to make Rules and Regulations for its governance the same is subject to prior approval of the State Government.3. To m...
Tag this Judgment!In Re: Shiv Shakti Builders and Financial Company Ltd. (In Liquidation ...
Court: Patna
Decided on: May-03-2007
V.N. Sinha, J.1. With reference to the averments made in paragraph 6 of the report dated 31.8.2006, Official Liquidator submitted that the agreement for Sale/ sale deed executed in favour of Smt. Shakun Kedia, wife of Sri Suresh Kedia by the Managing Director of the Company in Liquidation be set aside by resorting to powers contained in Section 531A of the Companies Act, 1956 (hereinafter referred to as the Act) as the said agreement for sale/ sale deed was executed within a period of one year from the date of presentation of the winding up petition i.e. 15.4.1998. In this connection, he relied on the provisions contained in Section 531A of the Act, which inter alia provides that any transfer of property movable or immovable by a company not being in the ordinary course of its business and/ or for valuable consideration, if made within a period of one year before the presentation of the winding up petition shall be void against the liquidator and in the instant case winding up petitio...
Tag this Judgment!NaThe Rai Vs. the State of Bihar
Court: Patna
Decided on: May-03-2007
Ghanshyam Prasad, J.1. This appeal has been preferred by the sole appellant against the judgment of conviction and sentence dated 30.9.2005 passed by Sri Ram Prabhu Pandey, 3rd Additional Sessions Judge, Muzaffarpur in Case No. 53 of 2003. The sole appellant has been convicted under Section 20(B) as well as under Section 23 of the N.D.P.S. Act and has been sentenced to undergo R.I. for ten years under each count to pay fine of Rs. 1 lac and in default to undergo R.I.R. for one year.2. The prosecution case in brief is that on 14.8.2003, Custom Department, Muzaffarpur received a telephonic message with regard to illegal import of ganja from Nepal through Jeep No. WB-2A-7539 from the side of Dhaka, East Champaran. Under the leadership of Mr. M.P. Singh, Custom Inspector(P.W.6), a raiding team was organised. The team took position on N.H.28 near Motipur. At about 4.00 P.M., the aforesaid jeep was found coming from the side of Motihari. However, seeing the custom jeep, the driver of the je...
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