Patna Court July 2009 Judgments

Toti Yadav Son of Late Umraw Yadav Vs. the State of Bihar

Court: Patna

Navin Sinha, J.1. The sole appellant has been convicted under Sections 302 of the Indian Penal Code and Section 3 of the Explosive Substances Act, 1908 and sentenced to death in Sess. Trial No. 598 of 1993 by judgment dated 26.6.2008 of the A.D.J., F.T.C. IV, Banka. Thus, the Criminal Appeal No. 796/08 and Death Reference.2. Originally, there were three accused including the present appellant. The trial of co-accused Jhagru Yadav was separated on 20.6.1997 as he was found to be a juvenile. On 4.4.2005 the trial of co-accused Marchu Yadav was also separated.3. The fardbeyan of the informant Hemanti Devi, P.W.11, was recorded at village- Bela Tinchunua by S.I. Rameshwar Singh of the Belhar police station on 8.10.1992 at 11.15 a.m. near her house. She stated that on 8.10.1992 at about 7.00 a.m. her elder brother-in-law Ram Lal Yadav (deceased) was tying stacks of Kudrum on the unpaved road in front of his house. She was also plucking Kudrum leaves. The appellant, Jhagru Yadav and Marchu Y...

Kailash Rai, Vs. the State of Bihar and Sanjay Ram Son of Late Kailash ...

Court: Patna

Reported in: 2009(57)BLJR2999

ORDERAbhijit Sinha, J.1. The four petitioners who have been impleaded as accused in Harijan P.S. Case No. 38 of 1996, Tr. No. 88 of 2005, have prayed for quashing of order dated 9.5.2005 passed therein by the Learned Special Judge (under the S.C./S.T. Act) Samastipur, whereby he has rejected the petition of the petitioners for dropping the proceedings and/or discharging them.2. The prosecution case is based on the written report dated 26.4.1996 submitted by one Kailash Ram, impleaded herein as opposite party No. 2, who subsequently on his death was substituted by his son Sanjay Ram vide order dated 3.7.2007 of this Court. According to the informant, he has been living at Samastipur with his family for the last 40 years and runs a toddy shop as the only means of his livelihood. It is said that his house is situated at the back of the toddy shop over lands belonging to Rampati Rai and Tirupati Rai. It is alleged that the family members of Rampati Rai and Tirupati Rai were threatening him...

Sumit Verma Vs. General Manager, State Bank of India and ors.

Court: Patna

Reported in: (2010)ILLJ302Pat

ORDERNavaniti Prasad Singh, J.1. The petitioner had applied to the State Bank of India for Customer Relationship Executive (P.B.), a post to be held on contractual basis. The total number of post in all India is 1200 with various reservations included therein. The petitioner holds a graduate degree in Computer Application (BCA) and then Post Graduate Degree in Management (MBA). There is no dispute that they are degrees, as envisaged under the University Grants Commission Act, they are not diplomas or certificate course. The petitioner having applied for the said course qualified in the written test and was called for interview. At the stage of interview, on scrutiny of his credentials, his candidature was rejected. He was verbally told that he lacked the educational qualification for eligibility, even though he was a graduate and holding Post Graduate Degree in Management. He filed this writ petition asserting that he had been verbally told that BCA, Bachelor Degree in Computer Applica...

Absar Alam @ Afsar Alam Vs. State of Bihar

Court: Patna

Reported in: 2009(57)BLJR3006,2009CriLJ4561

Navin Sinha, J.1. The sole appellant stands convicted under Sections 302, 201 of the Penal Code, in Sessions Trial No. 647 of 2007/TR No. 72 of 2007 by judgment dated 16.2.2008 of the Additional Sessions Judge, Fast Track Court, Kishanganj, and sentenced to death as also 7 years rigorous imprisonment under Section 201 of the Penal Code. Hence, the appeal and the death reference.2. The case of the prosecution was initiated on the fardbeyan of one Dil Mohammad, P.W. 2, recorded on 15.2.2007 at 9.45 A.M. at his door by the Officer In charge, Kochadhaman Police Station registered as an F.I.R. the same day at 4.30 P.M., as Kochadhaman P.S. Case No. 20 of 2007.3. The fardbeyan stated, that in the midnight of 14/15.2.2007, his younger brother (read the appellant) caused the brutal death of their mother Dilera Khatoon, aged 55 years by cutting her neck with a 'Dabia' and breaking her leg. He woke up on the commotion when he saw that his mother was being brutally assaulted with 'Dabia' and that...

Raj Kumari Devi W/O Late Ramchandra Singh, Vs. Mundrika Devi W/O Ram B ...

Court: Patna

S.K. Katriar and J. Saran, JJ.1. The appellants (substituted heirs of original plaintiff) have preferred this appeal under Clause 10 of the Letters Patent of the High Court of Judicature at Patna, and are aggrieved by the judgment dated 17.12.1991, passed by a learned Single Judge of this Court in F.A. No. 824 of 1976 (Mundrika Devi and Anr. v. Raj Kumari Devi and Ors.), whereby the appeal preferred by the defendants (respondent 1st set herein) has been allowed, the judgment and decree dated 18.11.1976, passed by the learned Additional Subordinate Judge-III, Begusarai, in Title Suit No. 102 of 1972/24 of 1976 (Ramchander Singh v. Mundrika Devi and Ors.), has been set aside, and the plaint has been rejected. The present appeal arises out of a judgment of reversal. We shall go by the description of the parties occurring in the plaint.2. The appellants have placed on record an affidavit stating therein that appellant No. 1 (Raj Kumari Devi) died on 17.8.2006, leaving behind the following ...

Murlidhar Singh Son of Late Harishankar Rai and ors. Vs. the State of ...

Court: Patna

Reported in: 2009(57)BLJR2821

ORDERSheema Ali Khan, J.1. This writ application is directed against the order dated 29.09.2008 passed by the Director, Consolidation in Revision Case No. 56 of 2008 under Section 35 of the Bihar Consolidation by Holdings and Prevention of Fragmentation Act, 1956 (hereinafter referred to as the Act) filed by respondent No. 5 Awadhesh Kumar Singh, son of Ram Naresh Rai @ Ram Naresh Singh.2. The case of the petitioners is that the petitioners and the respondent No. 5 are all Co-sharers of four equal shares of land appertaining to Cadastral Survey Khata No. 32 of 1974-75, corresponding to Revisional Survey Khata No. 130 of 1985 and were in peaceful possession over the lands. The lands came to be incorrectly recorded during the Revisional Survey Khatiyan as ANABAAD SARVASADHARAN, although they were GAIR MAZRUA MALIK land. It is further stated that the father of respondent No. 5 Ram Naresh Singh filed an objection before the Consolidation officer, Rajpur against the State of Bihar for corre...

Babu Raj Paswan Son of Late Nandjee Paswan Vs. the Union of India (Uoi ...

Court: Patna

Reported in: 2009(57)BLJR2982

Navaniti Prasad Singh, J.1. The petitioner was Constable general duty in the CRPF. He has been derostered and asked to proceed on invalidation pension having been visited with permanent physical disability. This has brought the petitioner to this Court. Learned Counsel for the petitioner relies on the provisions of Section 47 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 and the decision of Apex Court in that regard being the case of Kunal Singh v. Union of India and Anr. : (2003) 4 Supreme Court Cases 524 which dealt with service of Constable in Special Service Bureau who was similarly sought to be derostered on invalidation pension under the same very Rules as is being done in the case of petitioner.2. Heard the parties. Counter affidavit has been filed. With consent of parties, the writ petition is being disposed of at the stage of admission itself.3. The relevant part of the finding of the Medical Board on basis of whi...

Richa Jaiswal D/O Raj Kumar Jaiswal and Raj Kumar Jaiswal Vs. the Unio ...

Court: Patna

V.N. Sinha, J.1. Heard learned Counsel for the parties.2. Petitioner No. 2 is the father of petitioner No. 1, who has been admitted in Plus Two Senior Secondary course conducted by the National Institute of Open Schooling for the Session 2007-08, as is evident from her Identity Card, Annexure-2.3. It is submitted on behalf of petitioner No. 1 that having completed 1st year course, she appeared in two of the papers i.e. Computer and English for which examination was held at Sainik School, Danapur Cantt. Her result, however, was not published, but she continued her studies. Now, she is not being permitted to appear in the final second year examination, although she submitted her form and examination fee of Rs. 630/- and practical examination fee of Rs. 300/-, as would appear from the receipt dated 30.12.2008 and 30.1.2009, Annexure-3.4. With reference to the counter affidavit and the Prospectus appended therewith, learned Counsel for the National Institute of Open Schooling submits that ...

Andekh Yadav Son of China Yadav and ors. Vs. the State of Bihar and Ra ...

Court: Patna

Abhijit Sinha, J.1. All the seven F.I.R. named accused of Sessions Trial No.495 of 2007 arising out of Agiaon Bazar P.S. Case no.43 of 2006 have preferred this application for the quashing of the order dated 18.8.2007 passed in the said Sessions Trial by the learned Sessions Judge, Bhojpur at Ara, whereby the prayer for discharge of the petitioners from the offences punishable under Section 308 I.P.C. and to pass orders under Section 228(1)(a) Cr.P.C, has been rejected.2. The aforesaid Agiaon Bazar P.S. Case was registered under Sections 144, 341, 323, 324 and 379 I.P.C.against the seven F.I.R. named accused on the basis of a written report submitted by one Raju Kumar Yadav, impleaded herein as Opp.Party no.2. The police after due investigation submitted a chargesheet for commission of offences under Sections 147, 149, 323, 325, 308, 379 and 504 I.P.C. and on the basis thereof the case was committed to the court of Sessions for trial.3. Before the Sessions Court, a petition was filed o...

Gopal Bihari @ Neeraj Kumar @ Gopal Pd. Bihari Son Late Jageshwar Pras ...

Court: Patna

Reported in: 2009(57)BLJR2985

ORDERAbhijit Sinha, J.1. Petitioner No. 1, the husband of deceased Pratibha Devi, and petitioner No. 2, his brother-in-law, who along with others are arrayed as accused in Complaint Case No. 1383 of 2003 have prayed for the quashing of the order dated 31.7.2004 passed therein by the learned Sub Divisional Judicial Magistrate, Gaya, whereby he has taken cognizance under Section 498A and 302 I.P.C. and Section 4 Dowry Prohibition Act against all the accused including the petitioners.2. The complainant, one Ram Chandra Prasad, impleaded herein as Opp. Party No. 2, filed the aforesaid complaint on 11.12.2003 inter alia alleging that the accused had committed offences under Sections 498A, 307, 323 and 120B I.P.C. and Section 4 of Dowry Prohibition Act at MohallaM Chand Chaura, Gaya, as also in the house of one Raj Kishore Prasad at Banka from 18.6.1993 onwards particularly on 6.11.2003 at about 1.30 P.M. According to the complainant the marriage of his daughter, Pratibha Devi, was solemnize...