Patna Court May 2011 Judgments
Dr (Mrs)malti Jha, Vs the State of Bihar. and ors
Court: Patna
Decided on: May-04-2011
1.Navaniti Prasad Singh, J The petitioner, who is a doctor and a Member of the Bihar Health Service, has challenged the order of the State Government dated 29.01.2002 (Annexure-1) by which for certain periods, it has been ordered that they would be treated as leave without pay. Counter affidavit and rejoinder are on record and the parties have been heard at length. There are three periods under consideration. The first period is from 12 of May, 1994 to 04th of July, 1995. The second period th is 12th of December, 1996 to 05th of October, 1998 and the third period is 06th of October, 1998 to 22nd of June, 2001. As noted above, all these periods have been treated as leave without pay. Ordinarily, these being essential questions of fact, this Court is reluctant to interfere in the limited judicial review jurisdiction where the fact finding authority has taken into consideration and determined question of fact especially when it is not shown that the findings are perverse or dehors materia...
Tag this Judgment!Basundhara Devi @ Basundhare.Vs Hare Ram Tiwari. and ors
Court: Patna
Decided on: May-03-2011
1.against the judgment and order dated 27.6.2003 passed by Sri A.P. Srivastava, Presiding Officer, Fast Track Court, Siwan in Misc. Case No. 37 of 1984/ 3 of 2002 dismissing the case filed by the appellant under Section 263 of the Indian Succession Act.2. The original petitioner Sughara Devi along with the appellant Basundhara Devi filed the aforesaid Misc. Case No. 37 of 1984 for revocation of the probate granted on 17.7.1984 in Probate Case No. 11 of 1977 in favour of the opposite parties-respondents. During the pendency of the said misc. case Sughara Devi died. Basundhara Devi, the appellant is the daughter of Sughara Devi through Ramagya Tiwari. The application under Section 263 of the Indian Succession Act was filed alleging that Ramhit Tiwari had two sons namely, Rajendra Tiwari and Dalthaman Tiwari. Dalthaman Tiwari had two sons namely, Ramagya Tiwari and Jhoolan Tiwari. Ramagya Tiwari predeceased his father leaving behind two widows namely, Dularo Devi and Sughara Devi and a da...
Tag this Judgment!The Matter of State (Through Spe/Cbi/Patna).Vs Md.Wasimuddin, and ors
Court: Patna
Decided on: May-02-2011
1.The present appeal has been preferred by the State through Special Police Establishment, CBI, Patna to challenge the judgment of acquittal passed by learned 14th Additional Sessions Judge, Patna in a batch of Criminal Appeals bearing no; 2 301 of 1987, 307 of 1987 and 303 of 1987 on the 9th day of August, 1999 by which the judgement of conviction and order of sentence passed upon the three respondents by Special Magistrate, C.B.I., Patna on 31.8.1987 in Trial No.2 of 1987 arising out of RC 12 and 13 of 1981 was set aside and the three respondents were acquitted of the charges under Sections 120B read with 326, 220 and 109 of the IPC.2. On 24.7.1980 the respondents along with one S..Hembram, who was on that day Dy.S.P., Nathnagar, Bhagalpur recorded their departure from Sabour police station at 12.15 hours in Station Diary Entry no.408 dated 24.7.1980(Ext-2) showing the purpose of the departure to arrest the criminals. Ten persons were taken into custody from two different village, La...
Tag this Judgment!The State of Bihar. Vs and Bakhouri Singh. and ors
Court: Patna
Decided on: May-02-2011
1. The appellant is aggrieved with the judgmentdated 07.09.1994 passed by the 3rd Additional SessionsJudge, Patna in S.Tr. No. 56 of 1992 by which it hasacquitted the Respondents No. 1 to 12 for the chargesframed under Section 307/149 IPC.2. On going through the judgment of acquittal I findthat the Trial Court has rightly given the benefit of doubtto the appellants and, therefore, it is difficult to disagreewith the reasonings of the Trial Court. In the result, theappeal is dismissed....
Tag this Judgment!Rajendra Singh, Vs the State of Bihar. and ors
Court: Patna
Decided on: May-02-2011
1. The appellant is aggrieved with the judgment dated 18.04.1995 passed by the Judicial Magistrate, 2nd Class, Vaishali, Hajipur in Complaint Case No.429/93/Tr. No. 115/93 by which it has acquitted the Respondents No. 2 to 9 for the charges framed under Sections 147 and 323 IPC.2. On going through the judgment of acquittal I do not find any illegality in the same. The appeal is dismissed....
Tag this Judgment!Baijnath Prasad, and ors
Court: Patna
Decided on: May-02-2011
1. The appellant is aggrieved with the judgmentdated 28.06.1994 passed by the Sub-Divisional JudicialMagistrate, Siwan in Complaint Case No. 137/89/Tr. No.367/94 by which it has acquitted the Respondents No. 1 and 2 for the charges framed under Section 420 IPC.2. On going through the judgment of acquittal I donot find any perversity or illegality and, therefore, declineto interfere in the same. The appeal is dismissed....
Tag this Judgment!Smt. Subhadra Devi .The State of Bihar and Onr
Court: Patna
Decided on: May-02-2011
1.Subhadra Devi who is landholder (claiming enhancement of the compensation for her land which was acquired by the State of Bihar) against the judgment and award dated 26.2.2005 passed by Sri Kumar Prakash Sahai, the learned Land Acquisition Judge, Bhagalpur in L.A.R. Case No. 61 of 1998 whereby the Land Acquisition Judge has only partly allowed the claim of the appellant by enhancing the prevalent market rate of the land from Rs.397.59 paise to Rs.825/- per decimal. The other First Appeal No. 206 of 2005 has been filed by the National Thermal Power Corporation against the same judgment and award challenging the enhancement of compensation from Rs.397.59 paise to Rs.825/- per decimal.2. It appears that the State of Bihar acquired 1.09 acres of the land of the claimant Subhadra Devi for the purpose of construction of the National Thermal Power Station. Notification under Section 4 of the Land Acquisition Act was published on 18.5.1987. The claimant filed objection claiming compensation ...
Tag this Judgment!Ranjan Nath Sinha, Vs the State of Bihar.and ors
Court: Patna
Decided on: May-02-2011
1. The appellant is aggrieved with the judgment dated 31.03.1994 passed by the Judicial Magistrate,1st Class, Muzaffarpur (West) in Complaint Case No 265/90/Tr. No. 56/94 by which it has acquitted the Respondents No. 2 to 5 for the charges framed under Sections 323, 324, 452 and 380 IPC.2. On going through the judgment of acquittal, I do not find any perversity in the same. The appeal is dismissed....
Tag this Judgment!Ram Raj Singh, Vs Sri Bhagwan Pd. and.ors
Court: Patna
Decided on: May-02-2011
1. The appellant is aggrieved with the judgment dated 30.09.1994 passed by the Judicial Magistrate, 1st Class, Lakhisarai, Monghyr in Complaint Case No. 283(C)/1992/Tr. No. 368/1994 by which it has acquitted the respondent of the charges framed under Section 420 IPC.2. On going through the judgment of acquittal I see no ground for interfering with the reasonings of the Trial Court. In the result, the appeal is dismissed....
Tag this Judgment!Lakshmi Narayan Prasad Singh, Vs Krishnandan Lal. and ors
Court: Patna
Decided on: May-02-2011
1. The appellant is aggrieved with the judgmentdated 19.01.1994 passed by the Sub-DivisionalJudicial Magistrate, Bihar Sharif, Nalanda inComplaint Case No. 181(c)/86/Tr. No. 70/94 bywhich it has acquitted the respondents No. 1 and 2for the charges framed under Section 420 IPC.2. On going through the judgment of acquittal Ido not find any perversity or illegality and, therefore,decline to interfere in the same. The appeal isdismissed....
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