Patna Court August 2008 Judgments
Ram Ayodhi Rai @ Ayodhi Rai and ors. Vs. the State of Bihar and ors.
Court: Patna
Decided on: Aug-29-2008
Samarendra Pratap Singh, J.1. Heard the learned Counsel for the parties.2. The learned Counsel for the petitioners submits that one Ram Bechan Rai lodged an F.I.R. on 16.9.2006 alleging therein that accused persons including the petitioners ransacked his house and set it to fire and threw 3-4 years child consequence to which she died.3. After some investigation charge sheet was submitted under Sections 147, 148, 341, 323, 447, 436, 427, 504 and 302 of I.P.C., against accused No. 2 to 4, whereas the investigation against petitioner No. 1 continued. Learned court below on perusal of the materials in the charge sheet took cognizance and summoned all the petitioners including petitioner No. 1 to face the trial.4. Thereafter the petitioners filed a petition before the learned C.J.M., Sitamarhi for a direction to the police for proper and further investigation and to conduct Narco test in order to ascertain the truth. The aforesaid petition was rejected by the C.J.M., Sitamarhi vide his ord...
Tag this Judgment!Vijay Kumar Gupta Vs. State and ors.
Court: Patna
Decided on: Aug-28-2008
Samarendra Pratap Singh, J.1. Heard learned Counsel for the petitioner and learned Additional public prosecutor for the State of Bihar.2. In the instant writ petition, the petitioner has prayed for a direction to the respondents to pay heavy compensation as he was detained for a period of two years and odd, over and above the sentence he was awarded under sections 379 and 411 of the penal code by the trial court, namely, Sub Divisional Judicial Magistrate, Bettiah, West Champaran.3. Short facts giving rise to this writ petition are as follows:- On the written report of one Rabindra Jha dated 7.3.2002, Bettiah Town ps case No. 94 of 2002 was registered for offences under sections 341, 323, 379, 411, 384/34 of the penal code. The informant alleged that on 7.3.2002 while he was going to deposit a sum of Rs. 1570/- collected from sale of attendance sheet of Bar Association, Bettiah, the accused petitioner and one unknown person snatched his money and a packet containing some forms. On hal...
Tag this Judgment!Kashi Mian and ors. Vs. Basir and ors.
Court: Patna
Decided on: Aug-28-2008
S. Nayer Hussain, J.1. This second appeal has been filed by plaintiffs-appellants after losing before both the learned courts below.2. The instant matter arises out of Title Suit No. 127 of 1966 which was filed by the appellants for partition of their 14 annas share in the suit property, fully described in Schedule-3 of the plaint.3. The claim of the plaintiffs-appellants was that the entire suit land originally belonged to one Jiut Mian who left behind two sons, Moharram Mian and Firangi Mian, who jointly inherited the suit property and their names were recorded in the record of rights. It is also claimed that subsequently both the said brothers jointly executed a registered Zerpeshgi deed dated 28.05.1921 with respect to 1 bigha 13 kathas 8 dhurs of land (described in Schedule 1 of the plaint) in the name of Balkishun Sah (ancestor of defendants No. 7 and 8) and since then the said defendants were in possession of the said land. It is also submitted that Moharram Mian died issueless...
Tag this Judgment!Jaleshwar Chaubey and anr. Vs. the State of Bihar and ors.
Court: Patna
Decided on: Aug-27-2008
V.N. Sinha, J.1. Heard learned Counsel for the petitioners and the counsel for private Respondents.2. Petitioner No. 1 is the son and petitioner No. 2 is the grand son of the purchaser, Most. Kabutari who purchased 1 Bigha 6 Kathas 13 Dhurs of lands in Plot Nos. 1463, 1592, 1700, 1774 appertaining to Khata No. 446 of Village Khajuria, P.S. Barauli, District Gopalganj from Raghunandan Tiwari under registered sale deed dated 27.1.1977. They are aggrieved by the orders passed by the appellate authority dated 21.12.1998, Annexure-3 as also the revisional authority dated 22.5.2000, Annexure-4 whereunder order dated 22.9.1995, Annexure-2 dismissing the pre-emption case filed by original private Respondent No. 5 was set aside in appeal and the appellate order was affirmed in revision. The subject matter of the pre-emption case is the aforesaid 1 Bigha 6 Kathas and 13 Dhurs of land. On 11.1.1943 Ram Subhag Choubey, one of the recorded tenant and father-in-law of Most. Kabutari sold his half s...
Tag this Judgment!Brij Mohan Singh Vs. the State of Bihar and ors.
Court: Patna
Decided on: Aug-26-2008
Navin Sinha, J.1. Heard the learned Counsel for the petitioner and the learned Counsel for the State.2. The petitioner, a Junior Engineer, was proceeded against departmentally. An enquiry report came to be submitted on 3.2.1993 exonerating him of the only one charge.3. The disciplinary authority proposed to differ with it and issued show cause notice to him on 10.5.1994. Having realised that the show cause notice to differ with the enquiry report of exoneration was not in consonance with law, a fresh show cause notice was issued to the petitioner on 4.4.1996 whereafter orders for punishment of dismissal were passed against the petitioner on 1.2.1999. In the appeal preferred against the order of punishment, the appellate authority by order dated 20.5.2000 modified the punishment by reducing the same to censure, with-holding of two increments with cumulative effect, nothing beyond subsistence allowance was payable for the period of suspension and the issue of his wages for the period in...
Tag this Judgment!The State Bank of India and ors. Vs. Manoj Kumar
Court: Patna
Decided on: Aug-22-2008
Barin Ghosh and Chandra Mohan Prasad, JJ.1. Heard learned Counsel for the parties.Death in harness of a Manager of the appellant - Bank occurred on 5th December, 1999. Prior thereto, on 1st January, 1998, the appellant - Bank devised a scheme for appointment on compassionate ground of a member of the family of an employee, who has died in harness. In the said scheme, the Bank provided that the object thereof is to offer compassionate appointment only when the Bank is satisfied that the financial condition of the family is such that, but for the provision of employment, the family will not be able to meet the crisis. The scheme specifically provided that appointments in the public services are made strictly on the basis of open invitation of applications and merit but, however, exceptions are made in favour of dependants of employees dying in harness and leaving their family in penury and without any means of livelihood and, accordingly, determination of financial condition of the fami...
Tag this Judgment!Muso Jha and Ragho Jha Vs. State of Bihar
Court: Patna
Decided on: Aug-22-2008
1. This criminal appeal has been preferred by the two appellants against the judgment and order dated 7-7-1988, passed by the 3rd Additional Sessions Judge, Saharsa, in Sessions Trial No. 100 of 1984, whereby he has been pleased to convict both the appellants under Section 302/34 of the Indian Penal Code and sentenced them to undergo R.I. for life.2. The prosecution case, in brief, is that on 2-1-1984 the informant Mohan Pathak (P.W. 12) went to Mahisi P.S. and gave his statement before the Officer-in-charge of the said P.S. stating therein that on the same day at about 1 p.m. he and his father were going to collect bundles of straw from the field situated towards east of the village. The informant's father was going ahead of the informant and the informant Mohan Pathak was behind him at some distance. The informant saw the appellants picking up straw from his field over which his father raised alarm and went there running in order to stop the appellants from taking away the straw. As...
Tag this Judgment!State Election Commission and ors. Vs. Punam Kumari and anr.
Court: Patna
Decided on: Aug-22-2008
1. In a writ petition the respondent-petitioner complained before this Court that the seat of Makhiya of a particular Panchayat was reserved for extremely backward class community, and the same is being occupied by a person, who does not belong to the said community, and the Election Commission failed to even address itself to a complaint made by the petitioner to the effect. By the judgment and Order under appeal the writ petition was allowed with a direction upon the Commission to decide the merits of the said 66mplaint. While the appeal was preferred; by' the Commission against the judgment and order under appeal, the Commission applied its mind to the complaint lodged by the petitioner-respondent and concluded, ultimately, that the person elected does not belong to the Community for which the post in question was reserved. On such conclusion, Commission declared the election invalid. Subsequent thereto, the person, whose election was, thus, declared invalid, preferred a separate a...
Tag this Judgment!Kailash Sharma Vs. the Patna Municipal Corpn. and ors.
Court: Patna
Decided on: Aug-21-2008
Navaniti Prasad Singh, J.1. Petitioner is the Branch Manager and authorized representative of M/s Post Control (India) Pvt. Limited.2. Pursuant to notice inviting tender dated 21.4.2005 issued by the Patna Municipal Corporation for supply of Fogging machine/Ultra Low Volume machine, for combating with mosquito menace in the town. Petitioner responded. There were technical discussions, which were held on 9.5.2005. The Technical Committee of the Corporation unanimously approved the purchase of Ultra Low Volume Machine with remote control manufactured in Germany. The Corporation accepted the tender initially for three machines with pending order for four more fogging machines alter evaluating the performance of three machines. As per the said order dated 2.7.2005 the total payment of Rs. 17,04,4000/- for the three machines were to ho made within one week from the date of supply of machines. It was further ordered that the Company would arrange for installation and training of staff free ...
Tag this Judgment!Shambhu Anand Vs. the Bhupendra Narayan Mandal University and anr.
Court: Patna
Decided on: Aug-21-2008
Barin Ghosh and C.M. Prasad, JJ.1. Heard learned Counsel for the parties.In the State of Bihar, since the time with which we are concerned till date, in order to be a Graduate, a candidate is required to appear and succeed in three examinations, all to be conducted by the University. In order to appear at such examinations, a candidate is required to get himself enrolled with a college which has got the privilege of the University by way of affiliation. Unless a college has the privilege of the University by way of affiliation, the college cannot forward or sponsor a candidate to the University for the purpose of enabling the candidate to appear in any of such examinations to be conducted by the University.2. In the instant case, the appellant enrolled himself with a college, which, there is no dispute, did not have the privilege of the Respondent -University for the college was not affiliated with the said University. The college. however, sponsored the appellant to the Respondent - ...
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