Patna Court February 2008 Judgments
Rintu Yadav Vs. State of Bihar
Court: Patna
Decided on: Feb-13-2008
Subash Chandra Jha, J.1. The sole appellant Rintu Yadav has been convicted and sentenced to undergo rigorous imprisonment for ten years and imposed a fine of rupees two thousand, in default of which to serve one month's simple imprisonment, for offence under Section 376 of the Indian Penal Code, in Sessions Trial No. 360/93/ Trial No. 41/04, arising out of Barbigha P.S. case No. 196/92, on 6th July, 2004 by Sri Arvind Kumar Srivastav, learned Assistant Sessions Judge, Sheikhpura.2. The prosecution case, in short, is that on 24.10.1992 at about 12 noon, the informant Rina Kumari along with her sister Bina Kumari had gone to the field of Chormiya Parkhanda within the Barbigha P.S., in the district of Munger (now Sheikhpura), for mowing grass. Meanwhile, they were approached by the appellant Rintu Yadav, who asked for a Hasuwa (a kind of sharp edged weapon for the purpose of mowing grass) and, accordingly, after getting said Hasuwa, by putting them in fear, he caught hold of informant Ri...
Tag this Judgment!Sayed Eqbal Ahmad Ali @ S. Eqba Vs. Prakash Sharma and anr.
Court: Patna
Decided on: Feb-12-2008
S.N. Hussain, J.1. Heard learned Counsel for the petitioner. No one appears for the opposite parties inspite of the fact that notice has been validly served upon the opposite parties and they had appeared through learned Counsel in the case.2. This Civil Revision has been filed by the sole plaintiff-petitioner challenging order dated 9.8.2005 by which the learned Munsif-I, Munger, disposed of the petition filed by the defendants-opposite parties holding that the plaintiffs prayer for defendants eviction was not maintainable and adjourned the suit for hearing only for relief of recovery of arrears of rent in Title Suit No. 93 of 1979.3. The aforesaid suit was filed by the petitioner for eviction of the defendants from a portion of the ground floor of his house on the ground of default in payment of rent and also for recovery of arrears of rent which had fallen due. In the said suit the defendants appeared and admitted relationship of landlord and tenant between the parties and they co...
Tag this Judgment!Oriental Insurance Company Ltd. Vs. Munni Devi and ors.
Court: Patna
Decided on: Feb-12-2008
S.N. Hussain, J.1. A This Civil Revision has been filed by the petitioner-Oriental Insurance Company Ltd. challenging order dated 20.3.2005 by which the learned 4th Addl. District Judge cum Motor Accident Claim Tribunal, Nawada, while allowing M.V. case No. 45 of 2001 filed by the claimant opposite party-Ist set directed the petitioner-Insurance Company to pay compensation of Rs. 1,77,000/- to the claimant, to which any amount already paid must be deducted, along with interest @ 6% per annum from the date of filing of the Claim Case till the date of payment.2. The claimants are widow, minor daughters and minor son of late Rohan Sao who was the driver of Trekker No. BR-21 9295 and while returning from Deoghar on 6.4.2001 met with an accident with truck No. BR-3/9622 in which he was seriously injured and died while he was being taken away to Nawadah hospital.3. Learned court below after considering the matter in detail has found that the said Rohan Sao died in the motor vehicle acciden...
Tag this Judgment!Sanjay Singh @ Mithlesh Singh Vs. Union of India (Uoi)
Court: Patna
Decided on: Feb-12-2008
Shyam Kishore Sharma, J.1. The sole appellant has preferred this appeal against the judgment of conviction and order of sentence dated 22.1.1993 and 25.1.1993 respectively passed in Sessions Trial No. 653 of 1992 by the 5th Additional Sessions Judge, Motihari whereby the appellant was found guilty under Section 23 of the N.D.P.S. Act and has been sentenced to undergo R.I. for 10 years and fine of rupees one lac and in default of payment of fine to further undergo R.I. for two years.2. Prosecution story (Ext-2) relates to an occurrence dated 31.3.1992 when the custom Inspector (PW 12) along with custom officials was checking at Bairiya and in course of checking a bus was stopped which was going towards Muzaffarpur. A passenger with plastic bag was found lying on the bus. On inquiry about the plastic bag he claimed that he it was his own and disclosed his name. That persons was perplexed at the sight of the custom officials. After observing paraphernalia search of the bag was made and ...
Tag this Judgment!Smt. Malti Devi Vs. Garib Das Singh and ors.
Court: Patna
Decided on: Feb-12-2008
S.N. Hussain, J.1. This civil revision application has been filed by the plaintiff-decree-holder-petitioner challenging the impugned order dated 13.06.2005 by which the learned Subordinate Judge-I, under, rejected their petition for amendment in the plaint and also for making correction in the judgment and decree passed in Title Suit No. 2 of 1964.2. The said suit was filed by the petitioner for partition of the suit properties and the same was decreed on 13.9.1972 and preliminary decree was prepared against which First Appeal No. 31 of 1973 was filed. But this Court confirmed the judgment and decree of the learned court below.3. From the materials on record including the impugned order it is quite clear that two petitions dated 27.7.1966 and 29.7.1966 were filed by the plaintiff for amendment of the plaint, out of which the first one was with respect to amendment in the genealogy as given in Schedule-A of the plaint whereas the second one was with respect to addition of some more la...
Tag this Judgment!Ram Niwas Agarwal and anr. and Vs. Manoj Kumar Agarwal and ors.
Court: Patna
Decided on: Feb-12-2008
Rekha Kumari, J.1. Since both these appeals are directed against the order dated 28.6.2003 passed by the learned Subordinate Judge III, Patna City, in Title Suit No. 13 of 2003 whereby he has restrained the appellants (defendants first party) of Misc. Appeal No. 320 of 2003 from alienating the suit property, detailed in Schedule I to IV, they have been heard together and are being disposed of by this common judgment.2. The plaintiffs-respondents have filed the above title suit for 1/3rd share in the suit property and for injuncting the defendants from selling the immovable properties and for withdrawing cash from the Bank account etc.3. The case of the plaintiffs-respondents Manoj Kumar Agrawal and his minor son, in the plaint, is that Late Jairamdas Goenka had four sons, namely, Kanhaiyalal Goenka, Late Jhavarmal Goenka, Late Musaddilal Goenka and Govind Prasad Sultania. They were all members of a joint Hindu family governed by Mitakshara School of Law. Out of four sons of Jairamdas ...
Tag this Judgment!Mostt. Daulati Devi @ Daulati Kuwar Vs. Patna University and ors.
Court: Patna
Decided on: Feb-08-2008
Rekha Kumari, J.1. Counsel for the petitioner and the counsel for the University are present. No one appeared for respondent No. 5, who allegedly claims herself to be the second wife of the deceased employee. On the last occasion also when the case was on list no one appeared for respondent No. 5 though on 16.8.2007 a time was allowed to her to file counter affidavit.2. Learned Counsel for the petitioner submitted that the petitioner was aged about 75 years on the date of filing of this petition (year 2004). Nothing has been paid to her towards retirement benefits of her deceased husband who superannuated from service as a peon. He further submitted that earlier an order was passed in her favour vide C.W.J.C.No. 2463/1996, but that was subsequently recalled vide order dated 26.3.1997 passed in civil review filed by respondent No. 5 as also by the University. Counsel for the petitioner submitted that the petitioner had not appeared in that review application and the matter was decided ...
Tag this Judgment!Amrendra NaraIn Banker and ors. Vs. the State of Bihar and ors.
Court: Patna
Decided on: Feb-08-2008
S.K. Katriar and Kishore K. Mandal, JJ.1. This appeal in terms of Clause 10 of the Letters Patent of the Patna High Court has been preferred by the heirs and legal representatives of Harendra Narain Banker (hereinafter to be referred as the employee, the original writ petitioner), who are aggrieved by the judgment dated 17.9.1999, passed in C.W.J.C. No. 7454 of 1989, whereby the writ petition was dismissed on the ground of delay in pursuing the remedies against the order of dismissal from service, passed by the Bihar State Co-operative Marketing Union Ltd. (hereinafter to be referred as the employer).2. The employee had initially joined the employer's services way back in the year 1965 as a Cashier. He was promoted to the post of Accountant in the year 1970. During the period 24.8.1976 to 26.3.1977, a sum of Rs. 3,73,082/- was disbursed by way of advances to two serving Assistant Engineers of the employer. The employee was at that point of time functioning as an Accountant. In view of...
Tag this Judgment!Tej Narayan Yadav Vs. the State of Bihar and ors.
Court: Patna
Decided on: Feb-08-2008
Navin Sinha, J.1. The claim in this writ application by the petitioner, who is stated to have been appointed as daily wages peon (Daftari) in l983 is for confirmation.2. It has been noticed from the submissions in the order dated 9.3.2007 that of the four posts of Daftari, two were still vacant.3. In view of the aforesaid submission, the Respondents were liable to file a supplementary counter affidavit, but, no supplementary counter affidavit has been filed.4 Considering that the petitioner is working since 1983, this writ application is disposed of in terms of paragraph 44 of the judgment of the Supreme Court in the case of Secretary, State of Karnataka v. Uma Devi reported in 2006(2) PLJR 363 (SC) to take a decision with regard to the regularization of the petitioner as a one time measure. He admittedly having worked for more than 10 years as claimed on the sanctioned post, not controverted by the Respondents. From the pleadings it is also clear that he has continued to work as such...
Tag this Judgment!Amir Lal Singh and ors. Vs. State of Bihar
Court: Patna
Decided on: Feb-08-2008
Shyam Kishore Sharma, J.1. The appellants have filed this appeal against the judgment of conviction and order of sentence dated 28.6.1993 and 6.7.1993 passed by the 4th Additional Sessions Judge, Vaishali at Hajipur in Sessions Trial No. 275 of 1987/29 of 1993 whereby the appellants Amir Lal Singh, Biraj Singh, Jatan Singh @ Ram Jatan Singh and Rajeshwar Singh were found guilty for the offence committed under Section 304 Part 2 of the IPC and were sentenced to undergo R.I. for 7 years and appellants Shyam Nandan Singh, Pradeep Singh and Ram Briksh Singh were found guilty under Section 324 IPC and were sentenced to undergo R.I. for two years.2. PW 14 has lodged the fard beyan before the Officer In charge of Mahua Police Station on 10.5.1986 at 2 PM alleging therein that at preceding 11 AM Amir Lal Singh, Viraj Singh and Jatan Singh along with co-villagers Braj Kishore Singh, Awadh Kishore Singh (both acquitted), Rajeshwar Singh, Ramesh Singh (acquitted), were digging foundation for the...
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