Patna Court October 2011 Judgments
Md. Bhutto and Another Vs. the State of Bihar
Court: Patna
Decided on: Oct-21-2011
Gopal Prasad, J. 1. Heard learned counsel for the appellants and the State. 2. These two appeals have been heard together and are being disposed off by this common judgment as both arise out of the same judgment. 3. Appellant no. 2 of Cr. Appeal (S.J.) No. 229 of 1999, Md. Rafe, has been convicted under Section 307 of the Penal Code and sentenced to undergo rigorous imprisonment for ten years, appellant no. 1 of Cr. Appeal (S.J.) No. 229 of 1999, Md. Safe, has been convicted under 307 read with Section 34 of the Penal Code and sentenced to undergo rigorous imprisonment for seven years and has, further, been convicted under Section 27 of the Arms Act and sentenced to undergo rigorous imprisonment for three years. Appellants of Cr. Appeal (S.J.) No. 207 of 1999, Md. Bhutto @ Zulfikar Ali @ Zulfequar Ali Bhutto and Md. Aley, have been convicted under Section 307/34 of the Penal Code and sentenced to undergo rigorous imprisonment for seven years. The appellants have, further, been convicte...
Tag this Judgment!State Bank of India Vs. TapnaraIn Singh and Another
Court: Patna
Decided on: Oct-19-2011
1. The plaintiff-appellant has preferred the present appeal against the judgment and decree dated 19.9.1977 passed by the 3rd Additional Sub-Judge, Purnea in Money Suit No. 17 of 1976 / 15 of 1977. 2. The plaintiff has filed the suit for a decree of Rs.13062.05/- against the defendants and also for interest on that amount till its realization. A relief for attachment of hypothecated property has also been sought. 3. Plaintiff’s case in brief is that the father of defendant no.1 was carrying on the business of plying taxi on permit till his death and defendant no.2 is the sole proprietor of his firm carrying out business in the name and style of “Shankar Stores”in Forbesganj Town. Further case of the plaintiff is that father of defendant no.1 had applied for a loan advance to the plaintiff which had sanctioned an advance limit of Rs.16394.35/- in instalment credit loan to the father of defendant no.1 on the security of hypothecation of the taxi of the father of defenda...
Tag this Judgment!Jitendra Turha and Another Vs. the State of Bihar
Court: Patna
Decided on: Oct-19-2011
Gopal Prasad, J. 1. Heard learned counsel for the appellants and the State. 2. The appellants have been convicted under Section 394 of the Penal Code and sentenced to undergo rigorous imprisonment for ten years, however, did not give any separate sentence for offence under Sections 395 and 397 of the Penal Code. 3. The prosecution case, as alleged by the informant, Indradeo Singh, that he is a dealer of onion and use to purchase and sale onion and has sold away forty two quintals of onion for consideration of Rs.74,000/- and proceeded on bus from Siwan to Chapra and when the bus reached at Chap railway crossing, 3-4 persons caught hold and assaulted him and snatched away Rs.64,000/- which was kept tied in his waist. The informant claimed to have identified the accused person. 4. On the basis of complaint he first information report lodged. During the investigation some of the suspects were arrested, who gave confessional statement before the police and even test identification parade ...
Tag this Judgment!Mostt. Dularo Devi and Others Vs. Mostt. Asturna Devi and Others
Court: Patna
Decided on: Oct-19-2011
Mungeshwar Sahoo, J. (1) The defendants filed this First Appeal against the judgment and decree dated 23.08.1982 passed by the learned 2nd Additional Subordinate Judge, Sasaram in title suit no.236 of 1977/20 of 1982 decreeing the plaintiffs-respondent’s suit for specific performance of contract dated 10.01.1977. (2) The plaintiffs filed the aforesaid suit for specific performance of contract alleging that the defendant no.1, Basgit Pal being the karta of his family in the said capacity contracted to sell the suit property. The consideration was fixed at Rs.10,000. On the date of execution of the agreement to sell Rs.5,000 was paid and an agreement was executed on 10.01.1977. The defendant no.1 agreed to execute the sale deed after obtaining permission from the Chakbandi Officer. The plaintiffs were and are always ready to perform their part of the contract and to pay the balance consideration amount. The defendants in collusion with the enemies of the plaintiffs were not willing...
Tag this Judgment!Ajay Kumar P.S. Bakhtiyarpur, District-patnA. Vs. the State Election C ...
Court: Patna
Decided on: Oct-18-2011
1. The petitioner prays for quashing the order dated 30.8.2011 passed by the State Election Commission, Patna in Case No.31 of 2011, disqualifying him to hold the post of Mukhiya of Hardaspur Diara Gram Panchayat, as he was under age on the date of filing of nomination on 23.3.2011. 2. The prayer is founded on the following grounds: (i) The State Election Commission cannot decide the question of disqualification of a member of Panchayat incurred before election after conclusion of the electoral process (ii) The State Election commission is not competent to decide the contested question of fact which requires evidence and is best left to be tried by the Election Tribunal. 3. Before we examine the issues involved in this case, the brief facts of the case are being indicated. The petitioner filed his nomination paper on 23.3.2011 for election to the post of Mukhiya of Hardaspur Gram Panchyat within Bakhtiarpur Block. The date of birth mentioned in the nomination paper as well as in affida...
Tag this Judgment!- ‹ Prev
- Next ›