Patna Court February 2009 Judgments
Shivlal Thakur and Jailal Thakur, Both Sons of Late Sundar Thakur Vs. ...
Court: Patna
Decided on: Feb-26-2009
Abhijit Sinha, J.1. Two of the members of the second party before the Sub Divisional Magistrate, Jainagar in Encroachment Case No. 20/03-04 have questioned the validity of the order dated 15.3.2005 passed therein by the learned Magistrate directing the petitioners to remove the alleged public nuisance in the form of encroachment from public place and in the event of their failure to do so for the Circle Officer to get the encroachment cleared as also the subsequent order dated 20.9.2006 passed by Sri Bateshwar Nath Pandey, First Additional Sessions Judge, Madhubani, in Criminal Revision No. 647 of 2005 whereby while dismissing the revision he has refused to interfere with the order dated 15.3.2005.2. It appears that Opposite-2nd party who was the first party before the learned Magistrate filed an application on 13.4.2004 before the learned Magistrate inter alia stating that Plot No. 3377 is a Gairmazurwa Aam Rasta situated in village Selibeli, Tola-Uchhal within Basopatti P.S. in the ...
Tag this Judgment!Ramesh Kumar Sriwastava S/O Late Achaldeo Prasad and Rupa Srivastava W ...
Court: Patna
Decided on: Feb-26-2009
Abhijit Sinha, J.1. Two of the nine F.I.R. named accused of Gardanibagh P.S. Case No. 580 of 2002 have prayed for the quashing of the entire criminal prosecution including the order dated 12.4.2007 passed therein by the learned Chief Judicial Magistrate, Patna, whereby he has taken cognizance for offences under Sections 498A, 406, 120B/34 I.P.C. against all the accused including the petitioners.2. It appears that one Kumari Suman, the complainant, impleaded herein as Opp. Party No. 2, filed Complaint Case No. 1633 of 2002 before the learned Chief Judicial Magistrate, Patna and on the same being transmitted to the concerned Police Station, the instant Gardanibagh P.S. case came to be registered under Sections 493A, 494, 406 and 120B/34 I.P.C.. According to the complainant, her marriage with accused No. 1, Suresh Kumar Srivastava, was solemnized on 20.7.1999 whereat a sum of Rs. 30,000/- in cash was given to the accused persons and ornaments worth Rs. 40,000/- and clothes and utensils e...
Tag this Judgment!Sarjug Singh and anr. Vs. State of Bihar
Court: Patna
Decided on: Feb-24-2009
Samarendra Pratap Singh, J.1. The instant revision application is directed against the Judgment and order dated 16.12.2008 passed in Cr. Appeal No. 161 of 2004 by 5th Additional Sessions Judge, Patna whereby he sustained the order of conviction and sentence passed by the learned Special Judicial Magistrate, C.B.I., Patna in R.C. No. 3 of 1986 under Sections 420, 466 and 468 of I.P.C. read with Section 120B of I.P.C. Different sentences were ordered for different sections. Maximum sentence awarded under any of the sections was two years and all the sentences were directed to run concurrently. Besides fine of Rs. 500/- was also awarded and in default of payment of fine one month simple imprisonment was awarded.2. The petitioners were charged for getting bail on the basis of forged bail order purported to have been passed vide order dated 10.8.1984 by the Hon'ble Supreme Court in Cr. Appeal No. 621/1984.3. The prosecution examined 24 witnesses and over 43 Exts. in respect of its case whe...
Tag this Judgment!Nibha Kumari Wife of Sri Sudhir Kumar and ors. Vs. the State of Bihar ...
Court: Patna
Decided on: Feb-24-2009
Navin Sinha, J.Heard learned Counsel for the petitioners, for the State of Bihar and for the Bihar Public Service Commission.1. The petitioners in these three writ applications were applicants for the post of Child Development Project Officer under advertisement No. 34 of 2005 published on 13.4.2005 by the Respondent Commission for the female category, all of them belonging to the extremely backward caste, backward and scheduled caste category.2. The original advertisement was with regard to 107 vacancies. The advertisement itself stated that the vacancies may decrease or increase. The commission by a subsequent fresh communiqué increased the vacancy to 218. The petitioners competed in the preliminary test as also in the main written examination. Having qualified in the interview, they were issued appointment letters on 7.3.2008. They gave their joining on different dates from 11.3.2008 to 17.3.2008 and started discharging their duties. They were then sent for orientation train...
Tag this Judgment!Amit Kumar Singh Son of Sri Parash Nath Singh Vs. the State of Bihar a ...
Court: Patna
Decided on: Feb-24-2009
Ramesh Kumar Datta, J.1. Heard learned Counsel for the petitioner, learned counsel for the East Champaran Zila Parishad and learned Counsel for the State.2. The petitioner seeks a direction upon the authorities of the Zila Parishad, East Champaran, Motihari to issue agreement in his favour with respect to settlement of Pakrideyal Taxi Stand falling within East Champaran Zila Parishad for which he claims to have already deposited the bid amount.3. The short facts of this case are that on the basis of a notice inviting applications/tenders for settlement of Pakrideyal Taxi Stand for the year 2008-09 for collecting parking fees from the Taxies using the said stand, the petitioner along with six others including Respondent No. 7 applied for taking the said settlement. The date of bidding was originally fixed on 14.3.2008 but subsequently postponed to 25.3.2008, 28.3.2008, 8.4.2008 and 10.4.2008 and ultimately it was fixed for 11.4.2008. On 11.4.2008 five persons including the petitioner a...
Tag this Judgment!Sheo Dharma Nand @ Deo Shankar Tewary and ors. Vs. Shyam Lal Chauhan a ...
Court: Patna
Decided on: Feb-24-2009
S.N. Hussain, J.1. This second appeal has been filed by three defendants-respondents-appellants including appellant No. 1 Sheo Dharmanand alias Deo Shankar Tewary against the judgment and decree of reversal passed by the learned court of appeal below.2. The matter arises out of Title Suit No. 123 of 1987, which was filed by plaintiffs-respondents No. 1 to 4 for declaration that the defendants were trespassers over the suit land, which belonged to the plaintiffs, who inherited it from their ancestors and also for recovery of possession, permanent injunction against the defendants and other ancillary reliefs. The said suit was dismissed on contest with cost by the learned Munsif, Bhabhua vide judgment and decree dated 26.03.1991.3. Against the aforesaid judgment and decree of the trial court, the plaintiffs filed Title Appeal No. 13 of 1991, which was allowed on contest with cost by the learned Subordinate Judge-1, Bhabhua vide judgment and decree dated 19.03.1993, setting aside the jud...
Tag this Judgment!Munni Roy S/O Late Brahmdeo Roy Vs. the State of Bihar and ors.
Court: Patna
Decided on: Feb-19-2009
Ramesh Kumar Datta, J.1. Heard learned Counsel for the petitioner, learned Counsel for Respondent No. 5 and learned Counsel for the State.2. The petitioner seeks quashing of the decision dated 31.12.2005 appearing at Sl. No. 30 of the proceedings of the District Compassionate Committee, Patna (Annexure-11) and for a further direction upon the respondents to appoint the petitioner on class III post on compassionate ground.3. The father of the petitioner, Brahmdeo Roy, while working as Mason in the Building Construction Department, Government of Bihar, died on 7.2.2001. The petitioner filed his application for compassionate appointment on 2.2.2002. The respondent No. 5, who is the elder son of the deceased employee, also filed his application for compassionate appointment. The application of the petitioner was rejected on the ground that since the father of the petitioner was earlier appointed in the Work Charge Establishment and subsequently absorbed as a permanent employee of the Gove...
Tag this Judgment!Kaushal Lal Son of Sri Shridhar Lal and ors. Vs. State of Bihar
Court: Patna
Decided on: Feb-19-2009
Dharnidhar Jha, J.1. The 16 appellants were put on trial in Sessions Trial No. 511 of 1989/131 of 1992 for a composite charge under Sections 144, 436/149, and 427 of the Penal Code. The appellant Kamaldeo Prasad was separately charged for committing the above noted main offences under Section 436 of the Penal Code. By the judgment and order of conviction passed on the 18th of September, 1993, the learned Xth Additional Sessions Judge, Gaya found the appellants guilty on all counts as indicated above and directed the appellant, namely, Kamaldeo Prasad to suffer rigorous imprisonment for three years under Section 436 IPC, for four months under Section 427 IPC and three months under Section 144 of the Penal Code. The remaining 15 appellants were directed to suffer rigorous imprisonment for two years for their conviction under Sections 436 read with 149 IPC, imprisonment for four months for their conviction under Sections 427/149 IPC and three months each for their conviction under Sectio...
Tag this Judgment!Ayodhya Singh Vs. State of Bihar
Court: Patna
Decided on: Feb-19-2009
Dharnidhar Jha, J.1. The present appeal arises out of the judgment of conviction and order of sentence dated 7th September, 1993 passed by the learned 7th Additional Sessions Judge, Rohtas at Sasaram in Sessions Trial No. 330 of 1985 by which the solitary appellant was convicted under Sections 324 and 380 of the Indian Penal Code and was directed to suffer terms of rigorous imprisonment for six months and two years respectively on the two above counts. No sentence of fine was imposed. The appellant was charged also under Section 307 of the Indian Penal Code but the learned Judge did not record a conviction against the appellant under that provision of the Penal Code.2. The prosecution story is very short. It is not disputed that the informant Ramadhar Sharma, P.W. 5, and the present appellant Ayodhya Singh were residing together and carrying on the business in potato together. It is alleged that one Kameshwar Singh of Chandanpura came and paid Rs. 8000/- to the informant on the day of...
Tag this Judgment!Tribeni Chaudhary Son of Late Ram Ratan Chaudhary, Vs. State of Bihar
Court: Patna
Decided on: Feb-18-2009
Dharnidhar Jha, J.1. The present appeal arises out of the judgment of conviction and sentence passed by the 6th Additional Sessions Judge, Rohtas at Sasaram in Sessions Trial No. 161 of 1988 passed on the 18th September, 1993 by which, while acquitting the three appellants of the offence under Section 307 IPC, the learned Judge found appellants Tribeni Chaudhary and Binod Chaudhary guilty of committing offence under Section 323 of the Indian Penal Code and directed each of them to suffer rigorous imprisonment for six months. The learned Judge held appellant No. 2, namely, Sarju Chaudhary guilty of committing offence under Section 324 IPC and directed him to suffer rigorous imprisonment for one year. No sentence of fine was passed against any of the appellants.2. The prosecution case, in short, as contained in Exht. 5, is that the informant was coming back to his house after tethering oxen at the residence of a particular person and when he had reached a particular place in between the...
Tag this Judgment!- ‹ Prev
- 1
- 3
- 4
- 5
- 6
- 7
- 8
- Next ›
- Last »