Patna Court August 2008 Judgments
Uma Singh Vs. the State of Bihar
Court: Patna
Decided on: Aug-20-2008
Sudhir Kumar Katriar, J.1. The sole appellant is aggrieved by the judgment dated 17.3.1988, passed by the learned 2nd Additional Sessions Judge, Samastipur, in S.T. No. 49/9 of 1987 (State v. Uma Singh @ Umiya Singh), whereby he has been convicted under Section 302 of the Indian Penal Code, and sentenced to undergo rigorous imprisonment for life, and further sentenced to undergo rigorous imprisonment for two years for the offence under Section 27 of the Arms Act. Both the sentences have been directed to run; concurrently. It is a case of circumstantial evidence and is based on last-seen theory.2. According to the Fardbeyan of one Chandra Bhushan Singh (P.W. 12), recorded on 25.8.1986, at 7.30 A.M., before the Sub-Inspector of Police of Hasanpur police station, that the previous day, on 24.6.1986, his brother Shiv Bahadur Singh, Mukhiya of his village, had gone to Hasanpur Bazar. He did not return in the night and they thought that he had stayed there over-night. On 25.6.1986, at about...
Tag this Judgment!State of Bihar Vs. Md. Mannan @ Abdul Manna
Court: Patna
Decided on: Aug-19-2008
Shiva Kirti Singh, J.1. The death reference in respect of the sole accused Md. Mannan @ Abdul Mannan and his appeal have been heard together and are being disposed of by this common judgment.2. The appellant has been convicted under Section 366 of the Indian Penal Code (hereinafter referred to as the I.P.C.) and sentenced to R.I. for 10 years, under Section 376 I.P.C. and sentenced to life imprisonment, under Section 201 I.P.C. and sentenced to R.I. for 7 years and under Section 302 I.P.C. for which he has been awarded death sentence.3. According to the prosecution case the occurrence took place on 28-2-2004 at 1400 hours and a written information (Ext.3) was lodged at police station Manigachi on the same day at 23.00 hours by Shrawan Kumar Jha (P.W.10), leading to Manigachi P.S. Case No. 13 of 2004. The prosecution case is that appellant Md. Mannan who was working as a mason and was engaged in the plaster work at the residence of informant's uncle Devi Kant Jha (P.W.8). On 28-2-2004 ...
Tag this Judgment!Hira Prasad Pandey Vs. the State of Bihar and ors.
Court: Patna
Decided on: Aug-19-2008
Barin Ghosh, J. 1. In this writ petition, petitioner, a compulsorily retired Judicial Officer, has challenged the order dated 20th May, 2005 by which he has been compulsorily retired.2. We have heard the petitioner in person and the learned Counsel for the respondents.In addition to the pleadings and documents annexed thereto, we have perused records as produced by the High Court for our perusal.3. The order by which petitioner was compulsorily retired was not passed upon conclusion of a disciplinary proceeding, instead the same was passed under Rule 74(b)(ii) of the Bihar Service Code, which rule is reproduced below:The appointing authority concerned may after giving a Government servant at least three months' previous notice in writing, or an amount equal to three months' pay and allowance in lieu of such notice, require him in public interest, to retire from service on the date on which such a Government servant completes thirty years of qualifying service or attains fifty years of...
Tag this Judgment!Dwarika Singh and anr. Vs. the State of Bihar and ors.
Court: Patna
Decided on: Aug-18-2008
V.N. Sinha, J.1. Heard learned Counsel for the petitioners and the State.2. Petitioners are the land holders. They are aggrieved by the Draft Publication made under Sub-section (1) of Section 10 of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961 (hereinafter referred to as 'the Act') published in the Sasaram Extraordinary District Gazette dated 25.03.1989. They are also aggrieved by the orders passed by the Additional Collector under Sub-section (3) of Section 10 of the Act dated 19.10.1989, as contained in Annexure-8 to this writ application, which was also affirmed in appeal by the Collector of the District under order dated 7.10.1997, Annexure-10 as also in Revision by the Board of Revenue under order dated 24.03.2000, Annexure -11. They are further aggrieved by the acquisition of the surplus land made under Section 15 of the Act which was notified in District Gazette Extraordinary Edition dated 05.03.1993 as contained in Annexure - 12 to...
Tag this Judgment!Ragini Sahu and ors. Vs. the State of Bihar and ors.
Court: Patna
Decided on: Aug-18-2008
Navin Sinha, J.1. Heard learned Counsel for the petitioners and for the State in this batch of writ applications.2. The petitioners are aggrieved by order No. 5269 dated 15.4.2008 which cancels the order for their absorption dated 29.3.2007 as also the consequent posting order dated 4.5.2007. The impugned order is stated to be in pursuance of an order of this Court in CWJC No. 6263 of 2007 and analogous cases dated 6.2.2008 instituted by certain others.3. The facts shortly stated are that the petitioners and certain others were appointed as Lady Extension Officer under the Integrated Rural Development Agency Programme. An issue cropped up with regard to the status of such persons whether they be Government servant or not and which is presently under consideration before this Court in CWJC No. 5577 of 1998 admitted for hearing.4. The petitioners were appointed under the District Rural Development Agency, a body registered under the Societies Registration Act. On 29.3.2007 a decision wa...
Tag this Judgment!Bihar State Electricity Board and ors. Vs. Indrajit Pandey and ors.
Court: Patna
Decided on: Aug-18-2008
Barin Ghosh and Chandra Mohan Prasad, JJ.1. Learned Counsel for the appellant board submitted that despite all out efforts made, his client has not been able to locate the relevant file bearing No. 23/Misc-4003 of 1996. There is no dispute that the appellant, as far back as on 27th March 1991, decided to engage five foot-ball players for a period of six months. There is also no dispute that in order to fulfil the said desire a Committee was constituted on 8th June 1991 and a trial of foot-ball players was conducted on 25th September 1991. Despite that no panel was prepared but a list dated 11th March 1992 containing the names of 13 players was prepared. The 10th position in the said list was occupied by the respondent writ-petitioner. There is also no dispute that no engagement was made from the said list and a decision was taken to hold a fresh trial. For that purpose, another Committee was constituted and this Committee held a fresh trial and thereupon submitted a list of 13 players...
Tag this Judgment!Smt. Savitri Devi and Dina Nath Pathak Vs. the State of Bihar and ors.
Court: Patna
Decided on: Aug-14-2008
V.N. Sinha, J.1. Heard learned Counsel for the petitioners, State and the counsel for the private Respondents.2. Petitioners in the three writ applications are the pre-emptors. They are assailing the order dated 30.8.2000 passed by the Member, Board of Revenue in Rohtas Revision Case Nos. 47, 48, 49 and 50 of 2000, Annexure-5 whereunder revision filed by the vendor, Respondent No. 5 has been allowed setting aside the order dated 18.1.2000, Annexure-7 thereby affirming the original order passed by the Deputy Collector, Land Reforms i.e. Collector under the Act dated 22.8.1998, Annexure-6 dismissing the preemption case.3. Perusal of the three orders dated 30.8.2000, Annexure-5, 22.8.1998, Annexure-6 and 18.1.2000, Annexure-7 would indicate that Respondent No. 5 executed three sale deeds dated 22.5.1996 conveying the lands in question in favour of Respondent No. 6 which was registered on 30.9.1997. Petitioners filed pre-emption application under Sub-section (3) of Section 16 of the Bihar...
Tag this Judgment!State of Bihar Etc. Vs. Ganesh Sah Etc.
Court: Patna
Decided on: Aug-12-2008
Shiva Kirti Singh, J.1. The Death Reference and the two connected Appeals have been heard together and are being disposed of by this common judgment.2. Appellant, Ganesh Sah, has been convicted for offences under Sections 302 and 120B of the IPC for which he has been sentenced to death and RI for 7 years respectively. His wife, appellant Dana Devi has also been convicted for the same offences. For the offence under Section 120B of the IPC, she has been awarded the same sentence of RI for 7 years but for offence under Section 302, IPC, she has been sentenced to life imprisonment and also a fine of Rs. 50,000, out of which Rs. 40,000 is payable to wife of deceased Suresh Sah and in default, she is to undergo RI for a further period of two years. Her sentences are to run concurrently.3. The alleged occurrence took place on 31-8-1999 at 11 pm. The Fardbeyan of informant Ripal Devi (PW1) was recorded on 1-9-1999 at 5.00 am at the place of occurrence which is house of deceased Ram Avatar Sa...
Tag this Judgment!Shakti Cold Storage and anr. Vs. Bihar State Electricity Board
Court: Patna
Decided on: Aug-12-2008
Ramesh Kumar Datta, J.1. Heard learned Counsel for the petitioners and learned Counsel for the Bihar State Electricity Board.2. The petitioner has approached this Court for setting aside and quashing the provisional punitive bill dated 11.6.2008 raised pursuant to the F.I.R. lodged by the informant, Assistant Engineer, Electric through memo No. 142 dated 10.6.2008 and other consequential developments and actions pursuant to the said provisional punitive bill.3. The facts of the case, which lie within a narrow compass, are that on 16.3.2007 an electrical meter for the purpose of reading the consumption of electrical energy in the premises of the petitioner was installed. The said meter was supplied to the petitioner by the respondent-Board and to the Board by M/s. Secure Meter Limited. On the said meter being found not functioning by the authorities of the Board, the same was inspected by the Board's authorities along with the representatives of M/s. Secure Meter Ltd. on 16.5.2007 and ...
Tag this Judgment!Shiv Kumar Bhagat @ Munna and anr. Vs. the State of Bihar and ors.
Court: Patna
Decided on: Aug-11-2008
Samarendra Pratap Singh, J.1. In the instant case the informant has filed I.A. No. 1724 of 2007 for being permitted to intervene as respondent in opposition of the prayer made in the writ application.2. In view of the nature of reliefs sought for in the instant writ application and also taking into consideration that the case has been committed to the court of Sessions I find it necessary to hear the informant of the case, who has filed this intervenor application. As such I allow the interlocutory application and permit the intervener respondent to appear as respondent, in opposition to the writ application.3. In the instant writ application the petitioners have prayed for directing the respondents particularly respondent No. 2 and 3, namely, the Inspector General, Central Range, Patna and the Senior Superintendent of Police, Patna, to take a final decision on the question of further investigation of Gandhi Maidan P.S. Case No. 231 of 1997.4. The prosecution case in brief is that one...
Tag this Judgment!- ‹ Prev
- 1
- 3
- 4
- Next ›
- Last »