Patna Court May 2011 Judgments
Ram Chandra Prasad Vs. Smt. Mina Devi
Court: Patna
Decided on: May-16-2011
1. The defendant has filed this first appeal against the judgment and decree dated 26.9.2006 passed by Sri Radheyshyam Singh, the learned 4 th Subordinate Judge, Bhojpur, Ara in Title Suit No. 593 of 2002 whereby the learned court below decreed the alternative prayer of the plaintiff-respondent in the suit for specific performance of contract. 2. The plaintiff-respondent filed the aforesaid Title Suit No. 593 of 2002 praying for specific performance of contract dated 22.12.1999 on receiving balance consideration amount of Rs.76,000/- and in the Mungeshwar Sahoo, J. Alternative prayed for a decree for recovery of Rs.2,24,000/- with interest @ Rs.2/- per month from the date of agreement dated 22.12.1999. 3. The plaintiff prayed the aforesaid relief on the facts inter alia which may be briefly stated thus, that the parties knew each other from before. The defendant-appellant had taken loan at the time of marriage of his daughter and to repay the s...
Tag this Judgment!Bala Bind, S/O Sita Ram Bind Vs. the State of Bihar
Court: Patna
Decided on: May-16-2011
1. The appellant has been convicted under Section 412 IPC and sentenced to RI for five years by the 3rd Additional Sessions Judge, Siwan in S.Tr. No. 68 of 1995/12 of 1996 by a judgment dated 07.08.1996. 2. The case of the prosecution according to P.W. 3, the informant is that a dacoity was committed in his house on 06.01.1995 by unknown dacoits and subsequently certain articles were recovered from the possession of the appellant which ware put on Test Identification Parade and identified by the witnesses. 3. During trial the prosecution in all examined seven witnesses out of whom P.W. 4 and P.W. 6 are the Judicial Magistrates who conducted the Test Identification Parade of the accused persons and P.W. 7 is the Circle Officer in whose presence the TI Parade of the articles was done. P.W. 7 is the Investigating Officer 2 whereas P.W. 1 is the mother of the informant and P.W. 3 is the informant himself. P.W. 2 is a formal...
Tag this Judgment!Ram Janam Mahto, Son of Dwarika Mahto Vs. the State of Bihar
Court: Patna
Decided on: May-16-2011
1. The appellants have been convicted u/s.307/34 I.P.C. and sentenced to R.I. for three years by the Sessions Judge, Sitamarhi in Sessions Trial No.68 of 1993 by a judgment dated 26.4.1996. 2. The prosecution case is that on 5.9.1992 when the informant was returning to his house, the accused persons came there and variously assaulted him. 3. During trial the prosecution examined seven witnesses in all. Out of whom, P.W.4 is tendered witness, P.W.6 is the informant of the case, P.W.7 is the Investigating Officer and P.W.5 is the doctor, who had found three injuries on the person of the injured, but all the injuries were simple in nature. P.W.1, P.W.2 and P.W.3 are alleged eye witnesses, who have fully corroborated the prosecution case. 4. The defence on its behalf proved documents to show that the matter had been compromised between the parties. 5. On going thro...
Tag this Judgment!Ghulam Mustafa @ Gulam Mustafa and ors Vs Ghulam Mustafa @ Gulam Musta ...
Court: Patna
Decided on: May-13-2011
1.The appellants have been convicted under Section 395 I.P.C. and sentenced to rigorous imprisonment for 7 year and also a fine of Rs. 500/- in default of which further rigorous imprisonment for 6 months by learned 2nd Additional Sessions Judge, Purnea in Sessions Trial No. 114 of 94/ 7 of 94 by the judgment dated 12.7.1995. 2.The case of the prosecution is that on the night between 19/20-2.1993 a dacoity was committed in the house of the informant in which he identified the present appellants by voice. 3.During trial the prosecution examined 10 witnesses out of whom P.W. 2, 8, 9 & 10 had been tendered whereas P.W. 2 is merely on the factum of dacoity, P.W. 1 who is a inmate of the house was declared hostile since he did not support the prosecution that he identified the appellants. P.W. 6 stated in court that he did not identify any dacoits similarly P.W. 7 also stated like wise, P.W. 4 is the informant who has stated that he identified the appellants by voice but has admitted the fac...
Tag this Judgment!Laxman Raut, Son of Sri Pyare Raut, Vs Bihar, Through Commissioner-cum ...
Court: Patna
Decided on: May-13-2011
1.Navaniti Prasad Singh, J. The two petitioners have filed this writ petition virtually making a claim that they be treated as Government teachers and pay accordingly from the time take over of their school with their services. This writ petition was filed in the year 1994 and soon thereafter in 1995 it was dismissed. The matter went to intra-Court appeal where also petitioners did not succeed then the matter went to the Apex Court. The Apex Court remanded this matter to this Court for a decision on merits on the material available on record. It is under these circumstances the matter has now been heard for its final disposal.2.Petitioners' claim as set up from the detail pleadings as made before the Apex Court is that in the year 1980 a Harijan Primary School was decided to be set up by the local Harijan people of Bhatwan in December 1982. One Harijan decided to donate the land for the school and from the local contribution the school was started. Petitioners further case is that they...
Tag this Judgment!Akhilanand Pandey S/O Ram Lakhan Pandey Vs the State of Bihar
Court: Patna
Decided on: May-13-2011
1.The appellant no. 1 has been convicted under Section 323 and 326 I.P.C. and sentenced to rigorous imprisonment for 3 months and 3 years respectively as also under Section 27 Arms Act and sentenced to 3 years rigorous imprisonment whereas appellant no. 2 and 3 have been convicted under Section 326/34 I.P.C. and sentenced to rigorous imprisonment for 3 years under Section 323 I.P.C. and sentenced to rigorous imprisonment for 3 years. The appellant no. 1 has further been directed to pay a fine of Rs. 5000/- to the informant and in default of which 1 year rigorous imprisonment by the learned Ist Additional Sessions Judge, West Champaran Bettiah in Sessions Trial No. 123 of 1986/ 259 of 1995 by the judgment dated 10.7.1995. 2.The prosecution case is that on 31.5.1985, when the informant found the accused persons digging a parti land he protested over the same, at which the appellant no. 1 got enraged and fired at him causing injury on his chest. When the informant fell down the appellant...
Tag this Judgment!Mostt. Prabhawati Devi Vs Ram Pravesh Singh Plaintiff
Court: Patna
Decided on: May-13-2011
1.The defendant has filed this First Appeal against the Judgment Sahoo, J. and decree dated 22.12.2008 passed by Sri Nagendra Prasad Tripathi, the learned Civil Judge (Sr. Division) Ist, Buxar in Title Suit No.85 of 2004 decreeing the plaintiff-respondent suit for specific performance.2.The plaintiff-respondent Ram Pravesh Singh filed aforesaid title Suit No.85 of 2004 for specific performance of contract dated 05.05.2001 alleging that the defendant and her husband had purchased Schedule I property in the name of the defendant and her minor Son Govind Thakur. The defendant appellant was the guardian of her minor son, Govind Thakur. She herself and being the guardian of minor son agreed to sale Schedule I land of the plaint for Rs.4,50,000/- in presence of her husband Sheojee Thakur and other witnesses. Earnest money of Rs.4 lacs was paid immediately and on 05.05.2001, she executed a Mahadnama in favour of the plaintiff after receiving earnest money of Rs.4 lacs. The defendant-appellant...
Tag this Judgment!Rajeshwar Singh S/O Late Laxami Singh and ors Vs the State of Bihar
Court: Patna
Decided on: May-13-2011
1.It has been submitted that the appellant no. 1 is dead for which a death certificate is being presented before this court. Let the same be kept on record. In view of the submission, the appeal of appellant no. 1 stands abated.2.The appellant no. 2 has been convicted under Section 323 I.P.C. and sentenced to rigorous imprisonment for 1 year by the learned Ist Additional Sessions Judge, Saran at Chapra in Sessions Trial No. 421 of 1988 by the judgment dated 14.7.1995.3.The case of the prosecution is that on 11.7.1978 while the informant was keeping the Bamboo sticks on his land the accused persons came there and variously assaulted him when others came to intervene they were also assaulted.4.The case of the defence was that the informant and the appellant no.1 were brothers and in fact the mother of the appellant no.1 had filed a case against her husband and the informant for having forcibly taken a signature on sale deed and when she protested she was assaulted for which First Informa...
Tag this Judgment!Subodh Kumar Thakur, and ors Vs the State of Bihar and ors
Court: Patna
Decided on: May-12-2011
1.The petitioner Subodh Kumar Thakur was the Sub-Inspector of Police and he was the Incharge of the Tarari Police Station in the district of Bhojpur during the relevant period i.e. November, 2003 to October, 2004. The petitioner Bishwanath Gupta was Assistant Sub-Inspector of Police, posted in the Tarari Police Station at the relevant period. Heard Counsel for the parties.2.This application has been filed on behalf of the petitioners for quashing of the order dated 23.06.2005 passed in Complaint Case No. 1497 (C) of 2004 (Trial No. 2480 of 2004) by which the Judicial Magistrate, 1st Class, Arrah has taken cognizance for the offences under Sections 395 and 323 of the Indian Penal Code. The petitioners also challenged the order dated 25.04.2007 passed in Sessions Trial No. 2305 of 2007 by which the Additional Sessions Judge, Fast Track Court No. II, Arrah has rejected the discharge application filed on behalf of the petitioners.3.Two points have been raised in these quashing application...
Tag this Judgment!Suresh Prasad. and ors Vs Saryug Prasad .and ors
Court: Patna
Decided on: May-12-2011
judgment and decree dated 18.05.2005 passed by Sri Baleshwar Sharma, the learned Subordinate Judge III, Patna City in Title Partition Suit No.223 of 2000 dismissing the plaintiff-appellant's suit for partition. (2) The plaintiffs-appellants filed the aforesaid partition suit claiming half share in the suit property alleging that Bhagwan Das Yadav was the father of plaintiff no.1 and defendant no.1. The other plaintiffs are the sons of plaintiff no.1 and likewise, the other defendants, first set are the sons of defendant no.1 and rest defendants-respondents are the 2purchasers. Bhagwan Das separated from his brother, Ram Brichha Yadav. Bhagwan Das was the karta of the family consisting of his sons and grandsons and he died in jointness with them in the year 1993. The mother of the plaintiff no.1 and defendant no.1 also died in the year 1998. The plaintiffs and the defendants are separate in their mess, residence and earning but since there was no partition by metes and bounds, they have...
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