Patna Court March 2011 Judgments
Abdul Moid and ors Vs. Maha Sundari Devi and ors
Court: Patna
Decided on: Mar-04-2011
Mungeshwar the defendants-respondents-appellants have filed this Sahoo, J.Miscellaneous Appeal against the impugned judgment and order of remand dated 21.11.2000 passed by Sri Arun Kumar Srivastava, the learned 2nd Additional District Judge, Buxar in title appeal no.11 of 1985 whereby the learned 2nd Additional District Judge set aside the judgment and decree dated 09.01.1985 passed by Sri R.K.Mishra, 2nd Munsif, Buxar in title suit no.17 of 1972 and remanded the matter for a fresh decision on the basis of evidence available on the record. (2) The brief facts for the purpose of deciding this Miscellaneous Appeal is that the plaintiff-respondent filed title suit no.17 of 1972 for declaration of title and confirmation of possession on the suit properties and also prayed for permanent injunction. The plaintiff claimed the aforesaid relief alleging that the parties are Hindus governed by Mitakshara School of Hindu Law. By a private partition which took place 30-34 years ago, the parties we...
Tag this Judgment!Mahesh Prasad Singh. Vs. State of Bihar.
Court: Patna
Decided on: Mar-03-2011
1. Rakesh Kumar, J. All the aforesaid three appeals arise out of the Judgment of conviction and sentence dated 30th March, 2007 passed in Sessions Trial No.674 of 2002 and, as such, all the aforesaid three appeals were heard together and are being disposed of by this common Judgment.2. Appellant Mahesh Prasad Singh (in Cr.Appeal No.550 of 2007) was convicted in Sessions Trial No.674 of 2002 by Sri Om Prakash Sinha-II, Addl.District & Sessions Judge, F.T.C.V, Munger for the offence under Sections 302 and 307/34 of the Indian Penal Code. Under Section 302 of the Indian Penal Code, appellant Mahesh Prasad Singh was sentenced to undergo rigorous imprisonment for life and under Section 307/34 of the Indian Penal Code, he was sentenced to under rigorous imprisonment for five years. Both the sentences were directed to run concurrently.3. Appellant Chhotu @ Manohar Kumar @ Manohar Kumar (in Cr. Appeal No.502 of 2007) was convicted in the same trial i.e. Sessions Trial No.674 of 2002 under Sect...
Tag this Judgment!Chhedi Singh , Son of Late Saukhi Mandal, and ors Vs. the State of Bih ...
Court: Patna
Decided on: Mar-03-2011
1. Rakesh Kumar, J. All the aforesaid three appeals arise out of the Judgment of conviction and sentence dated 30th March, 2007 passed in Sessions Trial No.674 of 2002 and, as such, all the aforesaid three appeals were heard together and are being disposed of by this common Judgment.2. Appellant Mahesh Prasad Singh (in Cr.Appeal No.550 of 2007) was convicted in Sessions Trial No.674 of 2002 by Sri Om Prakash Sinha-II, Addl.District & Sessions Judge, F.T.C.V, Munger for the offence under Sections 302 and 307/34 of the Indian Penal Code. Under Section 302 of the Indian Penal Code, appellant Mahesh Prasad Singh was sentenced to undergo rigorous imprisonment for life and under Section 307/34 of the Indian Penal Code, he was sentenced to under rigorous imprisonment for five years. Both the sentences were directed to run concurrently.3. Appellant Chhotu @ Manohar Kumar @ Manohar Kumar (in Cr. Appeal No.502 of 2007) was convicted in the same trial i.e. Sessions Trial No.674 of 2002 under Sect...
Tag this Judgment!Bijendra Singh. Vs. State of Bihar.
Court: Patna
Decided on: Mar-03-2011
1. Rakesh Kumar,J. All the three appeals arise out of the same judgment of conviction and sentence and as such all the three appeals were heard together and are being disposed of by this common judgment.2. The aforesaid appeals have been preferred against judgment and conviction dated 31.7.2003 passed in Sessions Trial No.432/1986/513 of 2001 by Shri Nirmalesh Chandra Lala (Ad-hoc Sessions Judge), Presiding Officer, Additional Court No.2, Patna.3. The appellant Bijendra Singh in Cr. Appeal No.368 of 2003 was convicted under Sections 302, 307 and 201 of the Indian Penal Code and was sentenced to undergo rigorous imprisonment for life for the offence under Section 302 of the Indian Penal Code, rigorous imprisonment for five years for the offence under Section 307, rigorous imprisonment for five years under Section 307/34 of the Indian Penal Code and rigorous imprisonment for two years under Section 201 of the Indian Penal Code. It was directed that sentence would run concurrently.4. All ...
Tag this Judgment!Babu Ram Tiwary, S/O Late Ram Lakhan Tiwary, and Others Vs. the State ...
Court: Patna
Decided on: Mar-03-2011
1. Rakesh Kumar,J. All the three appeals arise out of the same judgment of conviction and sentence and as such all the three appeals were heard together and are being disposed of by this common judgment.2. The aforesaid appeals have been preferred against judgment and conviction dated 31.7.2003 passed in Sessions Trial No.432/1986/513 of 2001 by Shri Nirmalesh Chandra Lala (Ad-hoc Sessions Judge), Presiding Officer, Additional Court No.2, Patna.3. The appellant Bijendra Singh in Cr. Appeal No.368 of 2003 was convicted under Sections 302, 307 and 201 of the Indian Penal Code and was sentenced to undergo rigorous imprisonment for life for the offence under Section 302 of the Indian Penal Code, rigorous imprisonment for five years for the offence under Section 307, rigorous imprisonment for five years under Section 307/34 of the Indian Penal Code and rigorous imprisonment for two years under Section 201 of the Indian Penal Code. It was directed that sentence would run concurrently.4. All ...
Tag this Judgment!Butan Singh, Son of Late Jagdish Ram; and ors. Vs. the State of Bihar, ...
Court: Patna
Decided on: Mar-03-2011
1. Shailesh Kr. Sinha,J. The prayer of the petitioner is to quash the entire proceeding spending in the court of the Sub-Divisional Judicial Magistrate, Sasaram forthe offences under section 7 of the Essential Commodities Act arising out ofAkorhi Gola P.S. Case No.45/2005 (Tr. No.1920/2005), including the seizure of 1800 liters of diesel by the Assistant Sub-Inspector of Police, Akorhi Gola Police Station made on 29th of July, 2005.2. It is submitted on behalf of the petitioner that the searchand seizure was made by the A.S.I., Akorhi Gola Police Station, who wasnot authorized under Clause 12 of the Bihar Motor Spirit and High SpeedDiesel Oil Dealers Licensing Order, 1966 (hereinafter referred to as `the1966 Order'). According to him, only the persons mentioned in the saidclause are empowered to make the search and seizure and submit the report,which may be the foundation of the prosecution, if any.3. Learned counsel appearing for the State, on the other hand, submits that on the basis...
Tag this Judgment!Babu Ram Tiwary, S/O Late Ram Lakhan Tiwary ors. Vs. the State of Biha ...
Court: Patna
Decided on: Mar-03-2011
1. Rakesh Kumar,J. All the three appeals arise out of the same judgment of conviction and sentence and as such all the three appeals were heard together and are being disposed of by this common judgment.2. The aforesaid appeals have been preferred against judgment and conviction dated 31.7.2003 passed in Sessions Trial No.432/1986/513 of 2001 by Shri Nirmalesh Chandra Lala (Ad-hoc Sessions Judge), Presiding Officer, Additional Court No.2, Patna.3. The appellant Bijendra Singh in Cr. Appeal No.368 of 2003 was convicted under Sections 302, 307 and 201 of the Indian Penal Code and was sentenced to undergo rigorous imprisonment for life for the offence under Section 302 of the Indian Penal Code, rigorous imprisonment for five years for the offence under Section 307, rigorous imprisonment for five years under Section 307/34 of the Indian Penal Code and rigorous imprisonment for two years under Section 201 of the Indian Penal Code. It was directed that sentence would run concurrently.4. All ...
Tag this Judgment!Umesh Chandra Singh and ors . Vs.
Court: Patna
Decided on: Mar-01-2011
1. The defendant-appellant has challenged the final decree dated Sahoo, J. 30.05.2003 passed by Sri Ajit Kumar Sinha, the learned 6th Subordinate Judge, Siwan in Title Suit No.31 of 1989.2. It appears that the plaintiff-respondent filed the aforesaid Title Suit No.31 of 1989 for partition of the suit property to the extent of half share. The said suit was decreed preliminarily. Subsequently, a final decree proceeding was started. A Pleader Commissioner was appointed who after visiting the spot divided the suit property according to the direction in the preliminary Judgment and Decree and submitted his report. The appellant filed an objection to the Pleader Commissioner's report. The learned Court below heard both the parties and by terms of order dated 05.03.2003 rejected the said objection. Against the said order dated 05.03.2003, the defendants filed civil revision before this Court. The said civil revision was dismissed and thereafter by terms of order dated 07.05.2003, the learned ...
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