Patna Court August 2008 Judgments
Deo Kumar Sah Vs. Anjali Kumari Sah
Court: Patna
Decided on: Aug-05-2008
Sheema Ali Khan, J.1. This appeal arises from a judgment and decree passed in a matrimonial case filed by the husband Deo Kumar Sah for divorce from his wife Anjali Kumari Sah by 4th Addl. Dist. Judge, Madhubani in Divorce Case No. 6/1993 by which the matrimonial suit for divorce has been dismissed ex parte.2. Before proceeding with the judgment, I may state that the Family Court was constituted in the district of Madhubani by memo No. 1889, dated 8-7-2006 and as such this appeal has been filed under Section 28 of the Hindu Marriage Act.3. The plaintiff filed an application under Section 13 of the Hindu Marriage Act claiming that his wife Anjali Kumari had deserted him and also claimed divorce on the ground of adultery and the mental imbalance of his wife.4. The specific case of the plaintiff is that he was earlier married to one Leela Devi who died on 16-2-1980. Later, after negotiations he was married to the present defendant at Forbisganj which was earlier in the district of Purnea...
Tag this Judgment!Najeeb Ahamad Khan and ors. Vs. the L.N. Mithila University and ors.
Court: Patna
Decided on: Aug-05-2008
S.N. Hussain, J.1. Since the subject matter of both the writ cases and the issues involved therein are same, both of them were heard together and are being disposed of by this common order.2. C.W.J.C. No. 13416 of 2007 has been filed by three students of S.M. Zaheer Alam Teacher Training College (hereinafter referred to as 'the College' for the sake of brevity) which is under the L.N. Mithila University, Darbhanga (hereinafter referred to as 'the University' for the sake of brevity) for quashing order dated 17.12.2006 (Annexure-7) passed by the Vice-Chancellor of the University by which it was held that students of Bachelor of Education (B.Ed.) Course for the Sessions 2001-2002, 2002-03 and 2003-04 of the College did not fulfill conditions which were insisted upon by the University before allowing them to appear in the examination and for directing respondent- authorities to hold B.Ed. examination of the aforesaid sessions within a shortest period and publish their result and also for...
Tag this Judgment!Sri Chandra Deo Yadav, Vs. the State of Bihar
Court: Patna
Decided on: Aug-05-2008
Sudhir Kumar Katriar and Syed Md. Mahfooz Alam, JJ.1. The seven appellants in the two appeals are aggrieved by a common judgment dated 17.2.1988, passed by the learned 2nd Additional Sessions Judge, Patna, in Sessions Trial No. 111 of 1985 The State of Bihar v. Ram Dayal Yadav and Ors. whereby they have been convicted under Section 302 read with Section 149 of the Indian Penal Code in prosecution of common object of murder of Mewa Lal Yadav. The learned trial court has further held accused Nathun Yadav, Jita Yadav, and Lalan Yadav guilty under Section 148 IPC, and the remaining accused persons guilty under Section 147, IPC. He has further found and held accused Ram Dayal Yadav and Sukhari Yadav guilty under Section 323, IPC and accused Lalan Yadav guilty under Section 324, IPC and convicted accordingly. All the accused persons have been sentenced to undergo imprisonment for life for the offence under Section 302 read with Section 149 of the IPC. Nathun Yadav, Jita Yadav, and Lalan Yad...
Tag this Judgment!Araj Narayan Singh, Vs. the State of Bihar and ors.
Court: Patna
Decided on: Aug-05-2008
Ghanshyam Prasad, J.1. In all these three criminal revisions common question of law is involved. Accordingly, all these criminal revisions are being disposed of by this common order.Criminal Revision No. 1122 of 2007 has been filed against the judgment and order of acquittal dated 1.8.2007 passed by Fast Track Court-III, Gaya in Sessions trial No. 332/2006/561/2006. Criminal Revision No. 405 of 2005 has been filed against the judgment and order of acquittal dated 29.5.2004 passed by Additional Sessions Judge-V, Siwan in Sessions Trial No. 14/96 and Criminal Revision No. 1127 of 2007 has been filed against the judgment and order of acquittal dated 19.5.2007 passed by S.D.J.M. Saran in Trial No. 494 of 2007.2. All these three revision applications have been filed by the informant. The State has neither filed revision nor any appeal against the judgment and order of acquittal. In all these applications the circumstances and points of law involved are identical. In these applications accu...
Tag this Judgment!Mukti Nath Singh Vs. the State of Bihar and ors.
Court: Patna
Decided on: Aug-05-2008
Navin Sinha, J.1. Heard learned Counsel for the petitioner and the State.2. The petitioner is aggrieved by the order dated 27.10.2000 at Annexure-13. The impugned order reverts him to his status of a Grade IV post in the work charge establishment reversing the orders of regularization of his service on the post of Sub-Divisional Clerk dated 23.10.1981.3. The petitioner was appointed in the work charge establishment on 1.7.1975. Pursuant to a Government decision dated 19.2.1981 to absorb into the regular establishment those appointed in the work charge establishment till 21.8.1975, a four member committee was constituted to examine such cases. The committee made its recommendation on 11.9.1981. The name of the petitioner was at serial 8. By order dated 23.10.1981 the petitioner was regularized on the post of Sub-divisional Clerk, a Grade III post in the regular establishment. A show cause was issued to him on 18.5.1996 questioning his induction in the regular establishment on a Grade I...
Tag this Judgment!Manohar Mahto Vs. State of Bihar
Court: Patna
Decided on: Aug-04-2008
Samarendra Pratap Singh, J.1. This appeal has been filed against the Judgment dated 27.1.98 passed by the Additional Sessions Judge Ist, Barh in Sessions Trial No. 807 of 1995 arising out Mokama P.S. Case No. 263 of 1994 whereby he convicted the appellant under Section 304 of the I.P.C. and sentenced him to undergo R.I. for 10 years.2. One Teto Devi, P.W.1, wife of Jai Ram Mahto (deceased) made statement on 18.12.1994 at 9.30 A.M. stating therein that her husband who was a mason returned on 17.12.1994 after seven days. At about 7.30 P.M. on 17.12.94 one Manohar Mahto alongwith his brother, Laxman Mahto, mother, Kalo Devi and sister, Ranju Kumari, came to his door. Manohar Mahto who was armed with Patti of cot, gave a patti blow on the head of Jai Ram Mahto, as a result of which he became unconscious. On hearing halla the people of the locality, namely, Bharo Mahto, Ram Nandan Mahto came there and took Jai Ram Mahto to Nazareth Hospital Mokama, where in course of treatment he breathed ...
Tag this Judgment!Sone Vanaspati Ltd. Vs. Bihar State Electricity Board
Court: Patna
Decided on: Aug-04-2008
Barin Ghosh and C.M. Prasad, JJ.1. Inasmuch substantial questions have been raised in the instant appeal and inasmuch as the application for condonation of delay is not being seriously opposed, we condone a few days' delay in preferring the appeal and accordingly, allow the application for condoning the delay in preferring the appeal.2. At the relevant time supply of electrical energy by the respondent Bihar State Electricity Board to the appellant was governed by the Electricity (Supply) Act, 1948. By Section 49 thereof, the Board was directed to frame uniform tariff upon such terms and conditions as the Board may think fit and proper. The said Section indicated what factors should be taken note of by the Board for fixing such uniform tariff.3. On 26th March, 1993, an agreement was made in between the Board and the appellant whereby and under the Board agreed to supply contract demand of 1200 KVA to the appellant and in consideration thereof, the appellant agreed to pay charges levia...
Tag this Judgment!Raj Kishore Prasad and anr. Vs. Tripurari Sharan Sharma and ors.
Court: Patna
Decided on: Aug-04-2008
Ghanshyam Prasad, J.1. This appeal by the plaintiffs has been preferred against judgment and decree dated 5.8.1995 passed by 7th Additional District Judge, Nalanda at Biharsharif in Title Appeal No. 92 of 1990 thereby the learned Additional Judge has dismissed the appeal and affirmed the judgment and decree dated 31.8.1990 passed by 5th Sub Judge, Biharsharif in Title Suit No. 68 of 1980/19 of 1990.2. The plaintiff-appellants filed the aforesaid suit for declaration of their title and recovery of possession over the suit lands detailed at the foot of the plaint. The suit land is 31 decimals out of Plot Nos. 1561 and 1562 situated in village Madhopur, P.S. Chandi, District Nalanda.3. The plaintiffs' case in short is that one Yamuna Prasad Singh was landlord of village Madhopur. One Bulchand Mahto and Jehal Mahto were tenants of aforesaid suit plots. The aforesaid landlord auction purchased the land of Bulchand Mahto in execution of rent decree in the year 1936. He also filed a separate...
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