Patna Court September 2011 Judgments
Dipak Kumar @ Dilip and Another Vs. the State of Bihar
Court: Patna
Decided on: Sep-30-2011
GOPAL PRASAD, J. 1. These two appeals have been heard together and are being disposed of by the common judgment as both arise out of the judgment and order dated 19.03.1998 passed by Sri Baikunth Nath Shahi, learned Additional District and Sessions Judge-IInd, Nawadah in Sessions Trial No. 116 of 1996 / 198 of 1996 arising out of Nawadah P. S. Case No. 207 of 1995, GR. No. 1284 of 1995 by which the appellant Dipak Kumar @ Dilip in Cr. Appeal (SJ) No. 129 of 1998 has been convicted under Section 366A of the Indian Penal Code and sentenced to undergo rigorous imprisonment for seven years. He has further been convicted under Section 376/109 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for seven years. However, it has been ordered that both the sentences shall run concurrently. The appellant, namely, Shankar Sao in Cr. Appeal (SJ) No. 189 of 1998 has been convicted under Section 376 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for ten y...
Tag this Judgment!The Bihar State Financial Corporation and Others Vs. Alakh Saran @alak ...
Court: Patna
Decided on: Sep-30-2011
Vikash Jain, J. 1. The present L.P.As. have been filed against the common order dated 10.5.2005 passed by the learned Single Judge in CWJC No.4316 of 2005 with CWJC No.2092 of 2005 whereby, inter alia memo no.335 dated 15.2.2005 issued by the Managing Director of Bihar State Financial Corporation, Patna (“Corporation” for short) was quashed and the Corporation was directed to accept the offer of the writ petitioner (Respondent no.1 herein) for retention of the unit by accepting the initial cash amount and to take all necessary consequential steps in this regard. 2. The brief material facts of the case may be set out hereinafter: 3. It appears that the appellant Corporation released an amount of Rs. 99,000/- out of a sanctioned loan of Rs.1,46,000/- to the respondent no.1 in the year 1976 for the purpose of setting up a unit for manufacture of Asbestos Cement Pipes. The loan was secured by creating an equitable mortgage by deposit of original title deeds of the assets of the...
Tag this Judgment!Dukhani DhobIn Vs. the State of Bihar
Court: Patna
Decided on: Sep-30-2011
GOPAL PRASAD, J. 1. The appellant has been convicted for the offence under Section 304 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for seven years and further convicted under Section 201 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for three years. However, it has been ordered that both the sentences shall run concurrently. 2. The prosecution case is that while the informant P.W. 1 had gone to cut the earth soil along with his daughter-in-law and his son leaving behind his daughter P.W. 2 and son Arjun Nonia, the deceased. The appellant Dukhani Dhobin came and caught hold of Arjun Nonia took him forcibly even on protest by P.W. 2. Then P.W. 2 informed the informant P.W. 1 immediately, and the occurrence alleged to have been taken place at 3:00 P.M on 10.09.1979. The father came and make out a search of Dukhani Dhobin and his son. Informant found the home of Dukhani Dhobin locked and his son missing. On search around the house of Du...
Tag this Judgment!Monaka Devi and Others Vs. the State of Bihar and Another
Court: Patna
Decided on: Sep-29-2011
ORAL JUDGMENT: AMARESH KUMAR LAL, J. 1. Learned counsel for the petitioners seeks permission to delete the names of petitioner No. 3, Most. Sundari Kunwar who died in the year 2008 and petitioner no.4, Smt. Girja Devi, wife of Vyas Mishra (petitioner no. 7), who died on 25.8.2004. 2. The prayer is allowed. 3. It is further submitted that the petitioner no. 7, Vyas Mishra has already served out the sentence, as such, his prayer has become infructuous. 4. The accused-petitioners have preferred this revision application against the judgment and order dated 29.4.2002 passed by the learned 3rd Additional Sessions Judge, Siwan in Cr. Appeal No. 43 of 1996 by which the judgment and order dated 10th May 1996 passed by the learned Judicial Magistrate, 1st Class, Siwan in C. Case No. 173 of 1993, Trial No. 253 of 1996 has been confirmed and the appeal has been dismissed. 5. The prosecution case, in brief, is that Anant Mishra, the father of the complainant executed two sale deeds in the year 199...
Tag this Judgment!Shahnaz Akhtar @ Sk. Sabbu Vs. Safiullah Khan
Court: Patna
Decided on: Sep-28-2011
1. Heard Mr. Manojeshwar Prasad Sinha for the appellant, and Mr. Amarendra Nath Verma for the respondent. 2. The present Miscellaneous appeal has been preferred by the appellant against the order dated 17.5.2011 passed by the Principal Judge, Family Court, Bettiah in Miscellaneous Case No. 40 of 2008. The case was filed by the respondent under Section 7 of the Guardians and Wards Act, 1890 for declaring him as guardian of the minor child Raja Babu. The respondent is the maternal uncle of the said boy namely, Raja Babu and appellant is the father. 3. The brief facts necessary for the disposal of the present appeal are noted hereinbelow. The appellant was married to the sister of the respondent on 26.11.2005 and as alleged she was burnt to death by the appellant and his family members on 26.2.2008, leading to institution of Shikarpur P.S. Case No. 49 of 2008, under Sections 304 B and 498A of the Indian Penal Code. The cause for making such application was that the appellant was of young ...
Tag this Judgment!RaisuddIn @ Galra, Son of Zahar Ali Vs. the State of Bihar
Court: Patna
Decided on: Sep-28-2011
Gopal Prasad, J. 1. Heard learned counsel for the appellant and learned counsel for the State. 2. The appellant has been convicted for offence under Section 376, 313 and 304 I.P.C. and sentenced to undergo imprisonment for seven years for offence under Section 376 I.P.C., five years for offence under Section 313 I.P.C. and six years for offence under Section 304 Part II of I.P.C. 3. The prosecution case as alleged in the written report signed by the victim Pulbati Kumari that she used to live with her father Rup Lal Ganesh (P.W.2) and brothers Deo Narayan Ganesh (P.W.1) and Yogi Lal Ganesh (P.W.3) at village-Biranguri, P.S. Thakurganj, District- Kishanganj. The appellant Raisuddin used to come to her house to meet her brother. It is further alleged that Raisuddin raped her by enticing her. When she became pregnant she disclosed about pregnancy and then Raisuddin took her across the river Mechi and get Jaributi pushed in her vagina through a lady about 9-10 days prior to filing of the w...
Tag this Judgment!KhodadIn Ansari Vs. the State of Bihar
Court: Patna
Decided on: Sep-26-2011
DHARNIDHAR JHA, J. 1. The solitary appellant has been convicted by the learned Presiding Officer of Fast Track Court VI, Sitamarhi in Sessions Trial No. 808 of 2005 by judgment dated 2nd February, 2007 for committing offences under sections 413 and 414 IPC. The appellant has been directed to suffer RI for five years as also to pay a fine of rupees two thousand, else to suffer RI for six months under section 413 IPC. He has further been sentenced to undergo RI for two years under section 414 IPC. 2. The informant of the case was the Officer Incharge of Pupri Police station. He stated in his written statement (Ext. 2) that he along with an ASI B.P. Yadav (P.W.7), I.O. of the case, reserved guard Havildar Devendra Sharma, Constable 535 Satendra Kumar, Constable 300 Tahir Hussain, Constable 214 Surendra Prasad Yadav and Constable 272 Hit Narayan Singh started by the police jeep for investigating Pupri P.S. Case no. 156 of 2005 under section 379 IPC and during that course, searched the hous...
Tag this Judgment!Bihar Cricket Association Vs. Bank of India and Others
Court: Patna
Decided on: Sep-20-2011
1. This writ has been filed by the Bihar Cricket Association (hereinafter referred to as the ‘BCA’ for the sake of brevity) which is a body affiliated to the Board of Control for Cricket in India (hereinafter referred to as the ‘BCCI’ for the sake of brevity) through Sri Ajay Narayan Sharma claiming to be its honorary Secretary. 2. In the instant writ petition, originally only the Bank of India and its authorities were impleaded as respondents nos. 1 to 4, because the relief claimed by the petitioner was for a direction to the Chief Manager of the Bank of India to allow the petitioner to operate Account No.442910110002030 of the BCA as the said authority was creating hindrances. 3. I.A.No.784 of 2011 was filed by one Ram Kumar claiming to be a member of the Ad hoc Committee of BCA which, according to him, was the real BCA and not the Committee claimed by the petitioner. The said interlocutory application was allowed by this court vide order dated 14.02.2011 and ...
Tag this Judgment!Smt. Subhamati Devi and Others Vs. Awadhesh Kumar Singh and Others
Court: Patna
Decided on: Sep-14-2011
1. Heard Mr. D.K. Sinha, learned Sr. Counsel appearing on behalf of the appellants. 2. This appeal has been filed against the judgment and decree dated 9th April 2009 passed by the Additional District Judge, Fast Track Court No.1, Aurangabad, reversing the judgment and decree dated 9.7.2002 passed by Sub-judge –V, Aurangabad, in Title Suit No. 189/91/36/2000. 3. The plaintiffs have filed the suit for declaration that the deed of gift dated 27.1.1989 executed by Ambika Singh in favour of the defendants is illegal document and not binding upon the plaintiffs. Bereft of details it would be suffice to mention here that one Bharosa Singh had executed a gift of deed in favour of Rasdhari Singh who was the predecessor of the plaintiffs. As the said gift of deed of the year 1919 was exclusively in the name of Rasdhari Singh, the plaintiffs have asserted that Ramdhari Singh and his son Ambika Singh did not acquire any right title and interest in the property covered by the said gift deed....
Tag this Judgment!Dilip Kumar Vs. Union of India Through the Ministry of Petroleum, Govt ...
Court: Patna
Decided on: Sep-09-2011
1. Learned counsel for the petitioner, learned counsel for the State of Bihar and learned counsel for the Hindustan Petroleum Corporation Limited (hereinafter referred to as ‘the Corporation’ for the sake of brevity) and its authorities have been heard in detail. Neither any counter affidavit has been filed on behalf of respondent no.6, nor anyone has appeared on his behalf even though notices were sent and had been validly served upon him and the name of his learned counsel vide vakalatnama dated 15.05.2002 is appearing on the daily cause list. 2. This writ petition has been filed by the petitioner challenging order dated 11.01.2002 (Annexure-1) by which the Chairman, Dealer Selection Board, Patna (respondent no.4) dismissed his petition filed pursuant to order dated 10.08.2001 (Annexure-4) passed by a bench of this court in CWJC No.10235 of 2001. 3. The short facts of the case is that on 26.09.2000 a notice was issued in the ‘Hindustan’ daily Hindi Newspaper b...
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