Patna Court January 2008 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
Madhurani Singh Vs. Tara Bala Ghosh and ors.
Court: Patna
Decided on: Jan-10-2008
Navaniti Prasad Singh, J.1. Petitioner is the assignee of the decree holder and had sought the execution of the decree as granted by the appellate court in respect of 15 decimals of land. It appears, originally the Suit was dismissed but the appellate Court substantially reversed the judgment and decree and granted decree in favour of the plaintiff- appellant in respect of 10 decimals of land while rejecting the claim in respect of 3 decimals of the suit property. This appellate decree is dated 3rd May, 1975. This was then appealed by the defendant unsuccessfully before this Court in Second Appeal. The appellate decree thus became final was put in execution. In between, it appears that some of the original defendants died and they were substituted by Sri Subhash Chandra Ghosh and Sri Tara Bala Ghosh. Later Subhash Chandra Ghosh also expired and was substituted by others. The substituted persons are the opposite parties in this civil revision application. They first filed an applicatio...
Mahendra Mukhia Vs. State of Bihar
Court: Patna
Decided on: Jan-10-2008
Shyam Kishore Sharma, J.1. The Sole appellant Mahendra Mukhiya has challenged the judgment of his conviction and order of sentence dated 6th March, 1993 passed by Sri Chakra Dhar Rai, Ist Additional Sessions Judge, Samastipur in Sessions Trial No. 154 of 183/46 of 1992 whereby the appellant was found guilty for committing murder and he was accordingly convicted under Section 304 Part 2 of the IPC and was sentenced to undergo R.I. for 10 years.2. As per fard beyan (Exhibit-A) the prosecution case is that one O.D. Slip dated 6.6.1980 was issued by 3.30 PM by the doctor of Referral Hospital, Rosera to Rosera Police Station. Assistant Sub-Inspector of Rosera Police Station PW 4 Sri C.D. Singh recorded the fard beyan in Referral Hospital, at 10 P.M. on 26.8.1980 of the then injured Mahraj Mukhiya who later on died. He in his statement stated that in the same morning he had gone to cut earth towards Kareh River and returned to his house in the evening. Prior to his arrival a scuffle has occ...
Gokaran Singh and ors. Vs. State of Bihar
Court: Patna
Decided on: Jan-08-2008
Shyam Kishore Sharma, J. 1. The above four appellants have preferred this appeal against the judgment and order of conviction and sentence dated 31-3-1993 passed by Additional Sessions Judge IV, Nawada in Sessions Trial No. 70/17 of 1991/1989 by which they have been found guilty for offence under Section 307/34 of the Indian Penal Code and have been convicted and sentenced thereunder to undergo rigorous imprisonment for seven years.2. At the outset, it has been submitted by learned Counsel for the appellants that there were more cases between the parties and all the cases have been compromised and in this case also, a petition of compromise has been filed with signatures of all. Learned Counsel for the informant is also present in Court and supported the fact that the cases have been compromised between the parties and now there is no ill feeling between them.3. As the conviction is under Section 307 of the Indian Penal Code which is uncompoundable, the offence is not compoundable.4....
Gorakh Ram Vs. State of Bihar
Court: Patna
Decided on: Jan-08-2008
Shyam Kishore Sharma, J.1. The sole appellant Gorakh Ram has filed this appeal against the judgment of conviction and order of sentence passed by Sri Biswanath Singh, Sessions judge, Bhojpur at Ara in N.D.P.S. Case No. 69 of 1991 whereby the appellant was found guilty for the offence under Section 20(B) of the N.D.P.S. Act and 47 A of the Excise Act and was sentenced to undergo R.I. for two years and to pay fine of Rs. 2,000/- and in default of payment to further undergo R.I. for six months under Section 20(B)(i) of the N.D.P.S. Act and no separate sentence was passed for the offence under Section 47A of the Excise Act.2. Brief facts leading to this appeal are relating to an occurrence dated 20th May, 1990 when the informant, the Officer In Charge of the Jagdishpur Police Station recorded the statement alleging therein that while he and others were going for investigation of some cases, they saw a man passing through the Bharsara Pakka Road by a bicycle containing a bag on the carrier...
Md. Rizban Alam @ Bablu @ Md. Rijwan Vs. State of Bihar and anr.
Court: Patna
Decided on: Jan-08-2008
Samarendra Pratap Singh, J.1. Heard the parties.The instant revision application is directed against the order dated 25.5.2007 passed by the learned Principal Judge, Family Court, Jamui in Case No. l9M/2004 whereby he directed petitioner to pay interim maintenance of Rs. 300/-per month to the minor son of O.P. No. 2 from the date of order, on her application under Section 125 Cr.P.C.2. The opposite party No. 2, Zinnat Pravin, in her petition under Section 125 of Cr.P.C. stated that she was married with petitioner in May,2001 and her husband and in-laws kept her well for ten days but thereafter they began to torture her. She, however, remained in her Sasural for five months with a hope that torture would end. In the mean time she became pregnant. But as torture continued unabated she was forced to take shelter at her parents' place. At her naihar she gave birth to a male child from her wed lock with petitioner. However, she admitted the factum of divorce.3. The petitioner entered appea...
Arbind Kumar and ors. Vs. the State of Bihar
Court: Patna
Decided on: Jan-08-2008
Shiva Kirti Singh and Shailesh Kumar Sinha, JJ.1. This appeal is against the Judgment and Order dated 22/28-2-2003 passed by 3rd Additional Sessions Judge, Nalanda at Biharsharif in Sessions Trial No. 456 of 1998 whereby appellant No. 5, Shambhu Prasad has been convicted for offence under Section 302 of the Indian Penal Code (hereinafter referred to as the I.P.C.) and awarded life imprisonment and the remaining four appellants have been convicted for the offence under Section 302 read with Section 149 of the I.P.C. and also awarded life imprisonment. Appellant No. 2, Dhananjay Kumar and appellant No. 5, Shambhu Prasad have been further convicted under Section 27 of the Arms Act and awarded R.I. for five years but the sentences are to run concurrently. Two co-accused namely Sitaram Mahto and Ram Awatar Prasad have been acquitted of the charge under Section 302/149 of the I.P.C. and Section 27 of the Arms Act by giving them benefit of doubt.2. The prosecution case as contained in fardbe...
Chandra Deo Sharma Vs. the State of Bihar and ors.
Court: Patna
Decided on: Jan-08-2008
Mridula Mishra, J.1. Heard the counsel for the parties.This application has been filed for quashing the order, dated 14.06.2005, passed in Service Appeal Case No. 38 of 2001 by the Divisional Commissioner, Patna, affirming the order of dismissal, communicated to the petitioner under the signature of the District Superintendent of Education, Patna, vide Memo No. 37 (Legal), dated 17.07.1999. The petitioner has also prayed for quashing the order of dismissal, contained in Memo No. 37 (Legal), dated 17.07.1999. Further, prayer of the petitioner is for a direction to the respondents to treat him reinstated in service till the date he would have superannuated from service in normal course, i.e., 31.12.2002 and to provide him with arrears of salary and other service benefits consequential to reinstatement in service.2. Petitioner was working on the post of Headmaster, Government Middle School, Anchal Pandara, in the district of Patna. His case is that on account of sudden abdominal pain on ...
Suresh Prasad and ors. Vs. State of Bihar
Court: Patna
Decided on: Jan-08-2008
Rekha Kumari, J.1. By filing this application under Section 482 of the Code of Criminal Procedure, the order dated 27.9.2006 passed by the Sub-divisional Judicial Magistrate, Lakhisarai in Complaint Case No. 128-C of 2006 has been sought to be quashed. By the impugned order the learned Sub-divisional Judicial Magistrate has found sufficient material to proceed against the accused persons under Sections 420, 467 and 468 of the Indian Penal Code and has directed to issue summons against them.2. It appears that a complaint case against these petitioners was filed alleging, inter alia, that petitioner Nos. 4 and 5 had executed a sale deed in favour of the complainant for a particular plot consisting of an area of 15 dhurs and it was agreed upon by the vendors that they would provide 8 ft. wide land for use of the complainant as approach road to the main road. The sale was made in the year 1991. On the date of occurrence i.e., on 26.3.2006 the complainant went to his lands. He found that t...
Surendra Mahto Vs. State of Bihar
Court: Patna
Decided on: Jan-08-2008
Shiva Kirti Singh and Shailesh Kumar Sinha, JJ.1. The death reference and the criminal appeal have been heard together as they relate to the same accused, Surendra Mahto who was tried along with one Manoj Kumar Pandit for the offence under Section 376 and 302/34 of the IPC relating to rape on Ranju Devi, wife of the appellant and her murder. By the judgment under appeal dated 24th of July, 2006 the learned Additional Sessions Judge, FTC-III, Samastipur has convicted the appellant for the offence under Section 302 IPC and awarded death sentence. He has been further convicted for the offence under Section 376 read with Section 34 of the IPC and awarded imprisonment for life. The other accused, Manoj Kumar Pandit was also convicted for the offence under Section 302/34 and 376 of the IPC and awarded imprisonment for life. It appears that he has not preferred any appeal against his conviction so far.2. The prosecution case as appearing from the fardbeyan of the informant, Ranju Devi who su...
The State of Bihar and ors. Vs. Sri Anand Shekhar
Court: Patna
Decided on: Jan-07-2008
Barin Ghosh and J.N. Singh, JJ.1. The delay in filing the appeal is condoned.By a letter bearing No. 1445 dated 9th December, 1998, the Director, Secondary Education issued instructions to appointing authorities for initiating steps to put an end the appointments which were said to have been made illegally. In pursuance therewith, the Respondent-Writ Petitioner was issued a Notice dated 12th December, 1998 whereby and under he was called upon to show cause as to why his appointment should not be cancelled for the same had been made in violation of the applicable rules governing the subject appointments. While the Writ Petitioner-Respondent was thus asked to show cause, similarly several others were also asked to show cause. One of them Sri Ravindra Kumar Tiwary in a Writ Petition registered as CWJC No. 5003 of 1999 not only challenged the show cause as was issued to him, he also challenged the decision as was contained in the said letter of the Director, Secondary Education bearing No...
- ‹ Prev
- 1
- 2
- 3
- 4
- 5
- 6
- 7
- 9
- Next ›
- Last »