Patna Court January 2008 Judgments
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Bank of India Vs. Union of India (Uoi) and anr.
Court: Patna
Decided on: Jan-21-2008
Navaniti Prasad Singh, J.1. The writ petitioner is Bank of India and has moved this Court against the order of Debts Recovery Tribunal (DRT), Bihar at Patna dated 7-9-2006 in OA No. 50 of 2003. The facts are not in dispute. The petitioner Bank had filed a requisition before the DRT. While the requisition was pending, the Bank entered into a settlement with the debtor and that agreement having been accepted by the debtor, he took steps and liquidated the entire dues. It is not in dispute that Bank acted as per its policy and the settlement was arrived in due course of its business following its regulations. The dues of the Bank having been settled, the Bank then moved the DRT for withdrawal from the proceedings. DRT allowed the same by the impugned order but while doing so it examined the agreement as between the bank and its debtor and formed an opinion that the bank had acted unjustly in the matter and commented thereon and sent the matter for enquiry. The objection of the petitioner...
Bhagmati Devi Vs. Anandi Devi and ors.
Court: Patna
Decided on: Jan-21-2008
S.N. Hussain, J.1. Heard learned Counsel for the petitioner and learned Counsel for opposite parties No. 6 and 7. No one appears for other opposite parties although repeated notices have been validly served upon them.2. I.A. No. 456 of 2005 has been filed on behalf of the petitioner for condoning the delay in the filing of the civil revision. Learned Counsel for the petitioner submits that against order dated 5-8-2004 this civil revision has been filed on 28-1-2005 although according to stamp report the period of limitation expired on 3-11-2004 and hence there was a delay of about 85 days. Considering the averments made on behalf of the petitioner and the statements made in the interlocutory application, it appears that genuine reasons have been shown due to which the petitioner was prevented from filing the civil revision earlier. In the said circumstances, this interlocutory application is allowed and the delay in the filing of the civil revision is condoned.3. This civil revision h...
Mundar Yadav and anr. Vs. State of Bihar
Court: Patna
Decided on: Jan-21-2008
Shyam Kishore Sharma, J.1. The above two appellants have preferred this appeal against the judgment of conviction and order of sentence dated 22-3-2004 and 26-3-2004 respectively passed by the 5th Additional Sessions Judge, Rohtas at Sasaram in Sessions Trial No. 45 of 1988 whereby the appellants were found guilty for committing offence under Section 395 of the Indian Penal Code and the appellant No. 1 Mundar Yadav was sentenced to undergo R.I. for seven years whereas the second appellant Chhabi Yadav was sentenced to undergo R.I. for ten years.2. The informant Bulaki Devi wife of Asharfi Chaudhary has given her fard beyan before this Sub-Inspector of Tilauthu P.S. on 16-10-1983 that in the preceding night she and her nanand Munni Devi, Gotni Kalawati Devi, Dewar Gandhraj and his wife Munna Devi were sleeping inside the house and just past mid night dacoits entered into the house and they pressed dagger on the neck of P.W. 4. Two persons who were the appellants were identified as culp...
Murarai Prasad and ors. Vs. Indu Devi and ors.
Court: Patna
Decided on: Jan-18-2008
S.N. Hussain, J.1. Heard learned Counsel for the petitioners and learned Counsel for the opposite parties.2. This Civil Revision has been filed by the plaintiff petitioners challenging order dated 2-9-2004, by which the learned Munsif, Sherghati, Gaya, rejected the petition filed by the plaintiffs for amendment of the plaint in Title Suit No. 30 of 1999.3. The aforesaid title suit was filed by the plaintiff petitioners for the relief that registered sale deed No. 5906 dated 17-9-1990 be declared to be void, illegal, without consideration, sham and collusive and not binding upon the plaintiffs and for restoration of their possession by evicting defendant No. 1.4. It appears that the defendants have filed their written statement contesting the suit, whereafter the issues were framed and the depositions of plaintiff-witnesses are going on and during that period a petition for amendment of the plaint has been filed by the plaintiffs on 8-12-2003. By the said proposed amendments, the plain...
Shambhu Kumar and Vs. State of Bihar
Court: Patna
Decided on: Jan-18-2008
Shyam Kumar Sharma, J.1. Appellants Shambhu Kumar and Rajesh Kumar had filed this appeal against the judgment of conviction and order of sentence dated 25.3.2004 and 29.3.2004 passed by the VIIIth Additional Sessions Judge, Muzaffarpur in Sessions Trial No. 575 of 2002 whereby the appellants were convicted for the offence under Section 489A of the IPC and sentenced them to undergo, R.I. for 10 years and fine of Rs. 10,000/- each and further both the appellants were sentenced to undergo R.I. for 10 years and fine of Rs. 10,000/- each under Section 489B IPC. Further both the appellants were sentenced to undergo R.I. for 7 years under Section 489C IPC and further both the appellants were sentenced to undergo R.I. for 7 years and fine of Rs. 5,000/- each under Section 420 IPC. Further in default of payment of fine each appellants were ordered to undergo R.I. for one year. It has also been ordered that the all the sentences shall run concurrently.2. On the report of Inspector Customs Divis...
Hem Narayan Yadav Vs. the State of Bihar and ors.
Court: Patna
Decided on: Jan-18-2008
Sudhir Kumar Katriar and Kishore K. Mandal, JJ.1. Respondent No. 6 of C.W.J.C. No. 4362 of 1990 (Sahdeo Prasad Yadav v. The State of Bihar and Ors.), the pre-emptor, has preferred this appeal in terms of Clause 10 of the Letters Patent of the Patna High Court. He is aggrieved by the judgment dated 22.4.1999, whereby the writ petition at the instance of the purchaser has been allowed, the order of the authorities under the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act 1961 (hereinafter referred to as the 'Ceiling Act'), has been set aside, and the pre-emption application has been rejected. We shall go by the description of the parties occurring in the writ petition.2. Respondent No. 6 of C.W.J.C. No. 4362 of 1990 (appellant herein) had purchased Khesra No. 189, appertaining to Khata No. 32, by two registered deeds of absolute sale of 19.7.1974, one from Thakur Prasad Mandal, and the other one from Ram Narayan Mandal. He had purchased another piece of...
Baldeo Sah and Purni Devi Vs. State of Bihar
Court: Patna
Decided on: Jan-18-2008
Shiva Kirti Singh and Shailesh Kumar Sinha, JJ.1. This appeal arises out of judgment and order dated 5.10.2002/7.10.2002 passed by learned Additional District & Sessions Judge I, Katihar in Sessions Case No. 85 of 1998/261 of 2001, whereby both the appellants have been convicted for the offence under Section 302 read with Section 34 and Section 201 I.P.C. and sentenced to life imprisonment for the former charge but no separate sentence has been awarded under Section 201 I.P.C.2. The prosecution case is based on the Fardbeyan of Ganga Prasad Sah (P.W.3) brother of deceased Makuna Devi recorded by Sub-Inspector of Police Mahadeo Mistri (P.W.14) on 4.9.1997 at village Ekauna Nayatola at 15.30 hrs. In short the prosecution case is that deceased Makuna Devi, aged about 18 years, was married about seven months earlier to appellant No. 1, Baldeo Sah a resident of village Ekanuna Nayatola, P.S. Mansahi, District- Katihar. After marriage for about four months the deceased and appellant No. 1 ...
Mahendra Sah and ors. Vs. State of Bihar
Court: Patna
Decided on: Jan-17-2008
Shyam Kishore Sharma, J.1. This appeal is filed on behalf of the appellants Mahendra Sah @ Nathuni Sah, Paras Sah, Prem Sah and Mahendra Sah against the Judgment of conviction and order of sentence dated 3-6-1993 and 4-6-1993 respectively passed by the 1st Additional Sessions Judge, Rohtas at Sasaram in Sessions Trial No. 201/70 of 1986/89 whereby all the appellants were found guilty and convicted under Section 452 of the IPC and sentenced to undergo R.I. for two years. Appellants Nos. 1, 2 and 4 were also found guilty under Section 323 of the Indian Penal Code and were sentenced to undergo R.I. for further six months. Sentences passed against three appellants namely, 1, 2 and 4 were ordered to run concurrently.2. According to the prosecution case, the informant PW 8 gave his fard beyan on 8-9-88 at 10 a.m. which was recorded by A.S.I. of Sasaram Town Police Station in Sadar Hospital Sasaram. In that fard beyan he alleged that all the four accused who are appellants here came along wi...
Arjun Bhagat, Vs. the State of Bihar
Court: Patna
Decided on: Jan-17-2008
Shyam Kishore Sharma, J.1. This appeal has been filed by the above three appellants against the judgment dated 4.6.1993 passed by Sessions Judge, Madhepura in Sessions Case No. 127 of 1987 by which appellant Arjun Bhagat has been convicted under Section 323 of the Indian Penal Code and has been sentenced thereunder to undergo rigorous imprisonment for one year and appellants Rajeshwar Bhagat and Jawahar Bhagat have been convicted under Section 323/34 and 341 of the Indian Penal Code and have been sentenced thereunder to undergo rigorous imprisonment for one year and one month respectively but their sentences were ordered to run concurrently.2. The prosecution case relates to an occurrence dated 9.9.1986 at about 6.00 P.M. At that time, Tariya Devi, bhabhi of informant Chhathu Sah (since dead) was returning from her land through the Bathan of accused Arjun Bhagat. She was restrained by the said accused Arjun Bhagat who started hurling abuses to her. In the meanwhile, Puran Bhagat (P.W...
Mithileshwar Mishra Vs. the State of Bihar and ors.
Court: Patna
Decided on: Jan-17-2008
Mridula Mishra, J.1. Petitioner has prayed for quashing of Memo No. 195-3 dated 12.2.2000 (Annexure-5) whereby and where under the time bound promotion granted to the petitioner with effect from 23.2.1985 to 28.2.1989 and the senior selection grade granted with effect from 1.3.1989 has been cancelled and consequently order for recovery in 24 equal instalments has been made. By the impugned order the petitioner has been placed in Matric trained scale with effect from 18.4.1995 i.e. one day after 17.4.1995 when the petitioner passed training examination.2. Petitioner's further prayer is for commanding the respondents to allow him to remain in the scale in which he was working prior to 12.2.2000 and to pay him salary in the scale in which he was continuing prior to 12.2.2000.3. Petitioner was appointed as Assistant teacher by the Managing Committee of the Rukmini Girls School, Rakia on 8.1.1969 as matric untrained. The school was taken over by the State of Bihar on 5.2.1981 and according...
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