Patna Court November 2010 Judgments
Smt.Krishna RanA. Vs. State of Bihar.
Court: Patna
Decided on: Nov-30-2010
(1) The land holders have filed these First Appeals against the common judgment and award dated 31.7.1999 passed by Sri Manoranjan Prasad Srivastava, the learned Special Land Acquisition Judge IV, Patna in Land Acquisition Case Nos. 1 to 9 of 1997. The First Appeal No. 541 of 1999 has been filed by the land holders of Land Acquisition Case No. 6 of 1997 whereas the First Appeal No. 544 of 1999 has been filed by the land holders of Land Acquisition Case No. 2 of 1997. Since both the Land Acquisition Cases out of which, these two appeals have been filed were decided by the common judgment and award, both these appeals are heard analogously and are being disposed of by this common judgment because common fact and law are involved in both the First Appeals. (2) It appears that total 0.683 acres of land was acquired by the State of Bihar for widening the Braj Kishore Path (Exhibition Road), Patna. Out of the said 0.683 acres land, the land measuring 0.023 acres of Shahnaz Harris, the appell...
Tag this Judgment!The State of Bihar, and anr. Vs. Ram Janam Singh.
Court: Patna
Decided on: Nov-26-2010
(1) The appellants have filed this First Appeal against the judgment and decree dated 17.04.1995 passed by Sri Raj Kishore Lal, the learned Subordinate Judge 1st, Gaya in Money Suit No. 25 of 1990 decreeing the plaintiff's Money Suit in part.(2) The plaintiff filed the aforesaid Money Suit claiming Rs.1,79,222.50 alleging that he was appointed as Matric Trained Assistant Teacher by the District Superintendent of Education in the pay scale of Rs.230-5-280-E.B.-6-340 and joined U.P. School, Adai, Konch, District Gaya on 25.07.1973. He was getting his salary till 1974. In 1974, his enemies gave false information that the plaintiff's real name is Bhagwan Singh and in fact, the plaintiff's brother is Ram Janam Singh, who is actually appointed as Assistant Teacher but because he is invalid, the plaintiff impersonating him as Ram Janam Singh and working as Assistant Teacher. Thereafter on 8.9.1976, he was arrested from the office of District Superintendent of Education without asking any expl...
Tag this Judgment!Chandra NaraIn Rai, and anr. Vs. State of Bihar, and ors.
Court: Patna
Decided on: Nov-25-2010
1. Heard the parties. 2. The prayer for substitution made through I.A. No.9808/2010 is allowed. Let the heirs of deceased appellant no.1, Chandra Narain Rai as described in the I.A. be substituted in his place. 3. On merits the counsel for the appellants has made a frontal attack on the observation made in paragraph-2 of the order under appeal by which it was held by the learned single Judge that revisional powers can be delegated to a functionary not below the rank of Joint Director. By referring to the provisions of Section 34(2) and to a Division Bench judgment of this Court in the case of Krishna Singh v. Deputy Director of Consolidation, 2008(4) PLJR 63, it was submitted that the law provides for the delegation of powers of Director of Consolidation with sanction of the State Government to any officer not below the rank of Deputy Collector and in that view of the matter the Division Bench has held that there was delegation on 4th September 1997 made with the sanction of the State ...
Tag this Judgment!Dharmendra Kumar, and anr. Vs. the Union of India, and anr.
Court: Patna
Decided on: Nov-24-2010
1. This writ petition has been preferred by two petitioners to challenge order of Central Administrative Tribunal, Patna Bench, Patna dated 19.12.2008 whereby O.A. No. 381/2008 preferred by the petitioners has been dismissed summarily after noticing the dismissal of three earlier O.As out of which O.A. No. 540/1994 was filed by the present petitioners and others raising similar grievance.2. Learned counsel for the petitioners has drawn our attention to the earlier order of the Tribunal dated 12.11.1997 passed in O.A. No. 540 of 1994(Annexure-2) to highlight that by the said order the Tribunal had not dismissed the claim of the petitioners and some others but had remanded the matter to the competent authority who was required to dispose of the representation in the light of observations made by the Tribunal in that order. It was further highlighted that the Tribunal had indicated two issues of facts and had required the concerned authorities to decide those issues relating to correctnes...
Tag this Judgment!Ramendra Narayan Roy, and anr. Vs. State of Bihar, and anr.
Court: Patna
Decided on: Nov-24-2010
1. Petitioner no.1, who was Assistant General Manager ( NPA Management), State Bank of India, Local Head Office,Patna and petitioner no.2 who was Recovery Agent of the Bank, have approached this Court with a prayer to quash an order dated 30.4.2007 passed by the learned Judicial Magistrate, 1st Class,Patna in Complaint Case No.378( C) of 2007 . By the said order, the learned Magistrate has taken cognizance of offences under Sections 342,380,448,504,506 and 120(B) of the Indian Penal Code.2. It appears from the record that Opp.Party no.2 had filed a complaint in the court of learned Chief Judicial Magistrate against both the petitioners and one Sri Rajeev Roy, Assistant General Manager, State Bank of India, Rehabilitation & Recovery Branch, West Gandhi Maidan, and Patna. In the complaint petition, the complainant has indicated that he had obtained cash credit facility to the tune of Rs. 1 Crore and he became defaulter. It was alleged that the Bank with the aid of recovery agent, i.e. pe...
Tag this Judgment!Bikrama Manjhi. Vs. State of Bihar.
Court: Patna
Decided on: Nov-19-2010
1. All appellants were charged under sections 414,149 of the Indian Penal Code, under section 21(b) of Narcotic Drugs and Psychotropic Substance Act, 1985, section 25 (1-A), 25 (1-AA), 25 (1- B) A, 26(i) and 35 of the Arms Act and also under Section 25(2) of the Antiquities Art Treasure Act, 1972. The appellants have been convicted by the judgment and order dated 01.06.2009/08.06.2009 respectively passed by the First Additional Sessions Judge, Banka in Banka P.S. case No. 291 of 2005 (G.R. case No. 1055 of 2005) and have been sentenced to undergo Rigorous imprisonment for two years for conviction under Sections 414, 149 of the Indian Penal Code, R. I for ten years and fine of Rs. 1, 00000/- and in default of payment of fine R. I. for two years for conviction under section 21(b) of the N.D.P.S. Act. The appellants have further been sentenced R.I. for ten years and fine of Rs.5, 000/-, in default of payment of fine R.I. for one year for conviction under Section 25 (1-A) read with section...
Tag this Judgment!Om Prakash Sah, and OrA. Vs. State of Bihar.
Court: Patna
Decided on: Nov-19-2010
1. Heard learned counsel for the petitioners, learned counsel for the opposite party no.2 and learned Additional Public Prosecutor for the State.2. This is an application under Section 482 of the Code of Criminal Procedure seeking quashing of order dated 21.02.2008 passed by Judicial Magistrate, 1st Class, Buxar in Case no. 171(C)/2005, Tr. No. 1264/2006 taking cognizance for the offence under Sections 341, 323, 504, 379 and 120B of the Indian Penal Code besides quashing of entire complaint petition.3. The relevant short fact is that the complainant opposite party no.2 claiming himself declared Bataidar of original land holder Krishnaraj Singh, came out with the case that the petitioners got harvest the wheat crops grown over the land, on protest he was assaulted and also deprived of the crops.4. On the basis of earlier order passed in case no. 8/1995-96 dated 02.01.1996 by D.C.L.R. Buxar, refusing claim of Bataidar levelled by the complainant opposite party no.2 against said Krishnara...
Tag this Judgment!Asharfi Yadav. Vs. State of Bihar.
Court: Patna
Decided on: Nov-18-2010
1. The sole appellant, Asharfi Yadav has been charged under sections 20 (C), 22 (C) and 23 (C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the "N.D.P.S. Act" for short) and has been convicted by the 2nd Additional Sessions Judge, West Champaran at Bettiah in Trial No. 3 of 2007, arising out of Lauriya P. S. Case No. 156 of 2006 under sections 20 (C), 22 (C) and 23 (C) of the N.D.P.S. Act by the judgment and order, dated 18.01.2010 / 22.10.2010. He has been sentenced for 15 years and fine of Rs. One lac under each count and in default of payment of fine to suffer Simple Imprisonment of two years.2. Jawahar Prasad Yadav, Officer Incharge of Lauriya Police Station, (P.W. 16) is the informant of the Lauriya P. S. Case No. 156 of 2006. On 13th of September, 2006, he received secret information through telephonic message that at village Lakad, Police Station-Lauria, huge quantity of Ganja has been kept by the accused persons. Immediately thereafter...
Tag this Judgment!Ramadhar Singh. Vs. State of Bihar, and anr.
Court: Patna
Decided on: Nov-16-2010
1. From the list of charges which came to be drawn up against the petitioner and the evidence which came during the course of enquiry, the issue primarily related to the conduct of the petitioner amounting to financial misconduct of various kinds. In the garb of repair of vehicles, when he was the Transport Officer, all kinds of financial irregularities were committed, details of which were available in Annexure-1.2. Enquiry Officer did find the charges to be true. The findings being what they are, the Commandant who happened to be the disciplinary authority imposed punishment of stoppage of increment for six months. This order is Annexure-6. In appeal, however, the appellate authority came to a considered opinion that the misdemeanour of the petitioner deserves a more serious punishment since stoppage of increment for six months was too light a punishment commensurate with the charges. Punishment of reversion for a period of one year came to be passed from the post of S.I. to that of ...
Tag this Judgment!Chandrabhushan Prasad SharmA. Vs. Chandrabhushan Prasad SharmA.
Court: Patna
Decided on: Nov-16-2010
1. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. None appeared on behalf of the opposite party no. 2 in spite of earlier appearance by filing Vakalatnama and display of name of learned counsel in the daily list.2. This is an application under Section 482 of the Code of Criminal Procedure seeking quashing of order dated 09/01/2004 passed in Trial No. 455 of 2004 arising out of Complaint Case No. 1050 of 2002 by Judicial Magistrate, 1st Class, Gaya taking cognizance against the petitioner for the offence under Sections 420, 406 & 467 of the Indian Penal Code.3. Undisputedly, there was some business transaction between the petitioner and the opposite party no. 2. There was one cheque for Rs. 2,11,000/- issued by the complainant in favour of the petitioner with respect to the same inclusive of other transactions. There were earlier correspondences between the parties by way of legal notice and reply as mentioned in the complaint petition i...
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