Patna Court April 2011 Judgments
Prayag Rai, and ors. Vs. State of Bihar.
Court: Patna
Decided on: Apr-21-2011
1. The appellants No. 1, 6 and 8 have been convicted under Sections 148 and 324 IPC and sentenced to two years RI under both counts whereas the rest of the appellants have been convicted under Section 147 IPC and sentenced to RI for one year by a judgment dated 22.08.1995 in S.Tr. No. 68/89 by the Sessions Judge, Samastipur.2. The case of the prosecution is that on 28.11.1982 an altercation arose between the parties over cutting of the paddy crops in course of which the appellant No. 8 is said to have given "Farsa" blow on the head of the informant, appellant No. 6 is said to have given "Bhala" blow on the head of Ram Julum Rai and gave a "Farsa" blow on the head of Ram Pragas Rai. The rest of the appellants assaulted with lathi. The reason was land dispute and an attempt by the accused dispossessed the prosecution party from the land in question.3. The case of the defence is that in fact the sale deeds of the said land were in favour of the accused persons and when the accused had gon...
Tag this Judgment!Dr.Chittaranjan Roy. Vs. the State of Bihar, and ors.
Court: Patna
Decided on: Apr-21-2011
1. In the set of three writ petitions the basic dispute is the question of inter se seniority as between Dr. Suraj Nayak on one side and Dr. Chittaranjan Roy and others on the other side who are all in the Department of Preventive Social Medicine (PSM) as teachers. All parties have appeared, filed counter affidavits, rejoinders and pleadings being complete, have been heard at length for final disposal.2. The facts are not in dispute. What is in dispute is the implication of various notifications issued by the State Government affecting inter se seniority and, as such, I would first consider the notifications and their implications and then apply it to the facts. The parties being doctors are in teaching posts in the Department of Preventive Social Medicine, which is a non-clinical subject. The basic legal issue as put forth by the parties is with regard to the legality of appointment and consequential promotions inter se the parties. I may note here that the pleadings of parties both t...
Tag this Judgment!Sabhapati Pandey, and ors. Vs. State of Bihar.
Court: Patna
Decided on: Apr-21-2011
1. The appellants have been convicted under Section 395 I.P.C. and sentenced to rigorous imprisonment for 7 years by the judgment dated 10.5.1995 by the learned Ist Additional Sessions Judge, Buxar in Sessions Trial No. 108/89. 2. The case of the prosecution is that a dacoity was committed in the house of P.W.3 the informant on 19.6.1988 in which apart from money some cattle was taken away by accused persons including the appellants. 3. The prosecution examined 5 witnesses to prove its case, out of which P.W.4 and 5 are formal whereas P.W.3 is the informant and P.W.1 and 2 are his sons and Investigating Officer has not examined nor has any independent witness being produced by the prosecution during trial. 4. The defence of the appellants was that in fact the parties used in sale purchase of cattle and in fact the informant had purchased some cattle from appellant no.1 for which payment was not made but promises has been made by informant to return it. In the meanwhile the present case...
Tag this Judgment!Satya Narayan Burnwal. Vs. Barnwal, and anr.
Court: Patna
Decided on: Apr-21-2011
1. The plaintiff has filed this first appeal against that part of the judgment and decree dated 23.2.1998 passed by Sri Kedar Nath Ambastha, the learned Sub Judge 1st Banka in Title (Partition) Suit No. 28 of 1995 dismissing the partition suit in part.2. The plaintiff filed the aforesaid suit claiming 1/5th share in the suit property except the property which stands in the name of Kaushalya Devi in which the plaintiff-appellant claimed 1/5tth share. 3. According to the plaintiff's case Manbharan Modi was a common ancestor. He had two sons namely Ishwar Modi and Badri Modi. There had been partition between the two brothers on 13.8.1962 by a registered deed of partition. Therefore, the parities are not concerned with the property of Ishwar Modi. Badri Modi had two wives namely Kaushalya Devi, the first wife and Subhadra Devi, the second wife. Kaushalya Devi died in 1961 leaving behind his two sons and a daughter namely Laxmi Narain, defendant No.4, Sayta Narain, plaintiff-appellant and M...
Tag this Judgment!Manoj Kumar Singh, and ors. Vs. State of Bihar, and anr.
Court: Patna
Decided on: Apr-21-2011
1. The petitioners had instituted the First Information Report i.e. Gardanibagh P.S. Case No. 98 of 2006 for offences under Sections 420, 467, 468 and 471 of the Indian Penal Code alleging that Pramod Narayan Poddar opposite party no. 2 has forged the signature of the petitioners and prepared a development agreement.2. Learned counsel for the petitioners at the initial stage accepts that there was some oral talk of an agreement between the parties in which the petitioner no. 1 had received a sum of Rs. 3,00,000/-.3. The opposite party no. 2 was taken into custody in the case instituted by the petitioners. Thereafter he filed a complaint petition dated 14.2.2006 alleging therein that the petitioners had entered into a development agreement with opposite party no. 2 for which they had advanced a sum of Rs. 9,45,000/-. It is said that the complainant learnt that the petitioners had now entered into a development agreement with a third party which amounts to an act of cheating. On the basi...
Tag this Judgment!Raj Pati Devi. Vs. State of Bihar.
Court: Patna
Decided on: Apr-15-2011
1. The solitary appellant Raj Pati Devi stands convicted under section 306 IPC and sentenced to undergo simple imprisonment for seven years as also to pay a fine of Rupees five thousand, else to suffer additional simple incarceration of six months. The above judgment of conviction and sentence was passed by the Fast Track Court No. 5, Aurangabad in S.T. No. 237 of 2002/ 142 of 2003.2. It appears that Suresh Prajapati and his wife Sudha had committed suicide in the night intervening 21st and 22nd April, 2002 and the incident was known to persons by 8.15 A.M. on 22.4.2002. They were found dead inside the house where a diary was found lying on a chowki. People, who had assembled there, were accusing this appellant of creating circumstances in the lives of the two deceased so as to forcing them to commit suicide. The diary, which was found in the room, was found containing note (Ext. 6) allegedly in the handwriting of Suresh Prajapati, which was indicating the circumstances which were crea...
Tag this Judgment!Janak Prasad, and ors. Vs. Estate of Late Shibu Mahato.
Court: Patna
Decided on: Apr-15-2011
(1) This First Appeal has been filed by the plaintiff against the judgment and decree dated 15.03.2005 passed by Sri Syed Md. Nasimuddin, 1st Additional District Judge, Hilsa in title suit no.2 of 1997 rejecting the application filed under Section 276 of the Indian Succession Act.(2) The said application under Section 276 filed by the appellant was registered as probate case no.1 of 1990. The appellant alleged that Shibu Mahato died in August, 1984 and the writing annexed with the application is the last Will and testament of Shibu Mahato. The said probate case was filed on 04.01.1990. It is alleged that Shibu Mahato died leaving behind no near relatives such as son, widow and daughter and he died issueless. Shibu Mahato was separate from his brother and as he had no issue, he had got love and affection with the appellants and that is why during his life time, he executed the Will in favour of the appellant. (3) It appears that respondent filed a caveat in the case alleging that they a...
Tag this Judgment!Ramji MishrA. Vs. State of Bihar, and anr.
Court: Patna
Decided on: Apr-15-2011
1. Heard Counsel for the petitioner and the A.P.P. appearing on behalf of the State. Nobody appears on behalf of the Opposite Party No. 2 to pursue this matter.2. The petitioner is aggrieved by the order dated 23.06.2006 passed in Complaint Case No. 82 of 2006 by which the Additional Chief Judicial Magistrate, Benipur, Darbhanga has taken cognizance for the offences under Sections 120B, 469, 471, 500 and 505 of the Indian Penal Code.3. The allegations in the complaint petition are that the complainant who is also an Advocate filed a case alleging that the petitioner who is the Branch Manager of State Bank of India, Benipur Branch, Darbhanga did not produce the No Dues Certificate issued by the Bank before the Certificate Officer.4. Counsel for the petitioner rightly submits that where a certificate case has been instituted and a No Dues Certificate has been issued by the Bank showing payment of the loan amount, it becomes the duty of the loanee to produce the No Dues Certificate before...
Tag this Judgment!Santosh Kumar. Vs. State of Bihar.
Court: Patna
Decided on: Apr-15-2011
1. Heard Counsel for the petitioners and the A.P.P. appearing on behalf of the State. Nobody appears on behalf of the Opposite Party No. 2 to pursue this matter.2. The petitioner Sidharth @ Sidharth Kumar Jha is the Branch Head of Karvy Stock Broking Ltd. at Begusarai whereas petitioner Santosh Kumar is the Dealer of Karvy Stock Broking Ltd. at Begusarai. The petitioners Abhinav Prasad @ Abhinav is the Regional Manager, Himanshu Joshi is the Divisional Manager, Nitin Saxena is the Vice President, whereas Nalini Tilak is the Divisional Staff of Karvy Stock Broking Ltd. The petitioners of Criminal Misc. No. 36367 of 2006 are working and living in the State of Uttar Pradesh and have no connection directly with the affairs in the Begusarai Branch.3. The allegations in the complaint petition are that the complainant Dilip Kumar Mishra had deposited by various cheques a sum of Rs. 1.6 lakhs for the purpose of buying shares. It is the case of the complainant that he had instructed the petitio...
Tag this Judgment!Gajendra Prasad Singh. Vs. State of Bihar, and anr.
Court: Patna
Decided on: Apr-15-2011
1. Despite valid service of notice on Opposite Party No. 2, nobody has appeared on his behalf to pursue this matter.2. This application has been filed for quashing of the order dated 02.06.2006 passed in Complaint Case No. 483 (C) of 2006 by which the Judicial Magistrate, 1st Class, Begusarai has taken cognizance for the offences under Sections 144, 148, 149, 342, 323 and 392 of the Indian Penal Code.3. The allegation in the complaint petition is that the complainant acquired certain lands by way of registered BAIEUL BWAFA. The description of the lands is given in the complaint petition. It is alleged that the petitioners came to the land and are said to have cut the crops and assaulted the complainant.4. The facts of the case are that Title Suit No. 71 of 2003 is pending between the parties with respect to the lands in question. Both the parties are obviously claiming that they are in possession of the lands by virtue of certain registered documents. 144 Cr.P.C. proceedings had also b...
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