Patna Court January 2014 Judgments
Manoj Kumar Mandal Vs. the State of Bihar and Others
Court: Patna
Decided on: Jan-28-2014
A counter affidavit has been filed by the State. Learned counsel for the petitioner states that he does not seek to file a reply. With consent of the parties, the writ petition has been heard for its final disposal at this stage itself. The dispute lies in a very narrow compass. The dispute relates to about 2 Bighas, 7 Kathas, 10 Dhurs and 35 Dhurkis of land, appertaining to Municipal Survey No.10987, in the town of Darbhanga, recorded in the Survey Khata in the name of Maharaja Rameshwar Singh of Darbhanga, as the landlord and described as Ba-kabje Malik. The order and the action under challenge is that of the Collector of the District-Darbhanga, whereby in purported exercise of powers under Section 4(h) of the Bihar Land Reforms Act, 1950, the jamabandi that was created in favour of the petitioner has been cancelled. In short, the case of the State is that this land was transferred by Maharaja Kameshwar Singh in the name of his minor nephew Raj Kumar Subeshwar Singh by registered dee...
Tag this Judgment!Santosh Rajbanshi Vs. the State of Bihar
Court: Patna
Decided on: Jan-27-2014
1. Sole appellant Santosh Rajbansi who has been convicted vide judgment dated 30.06.2011 for an offence punishable under Section 304(B)/34 IPC 201/34 IPC and sentenced to undergo R.I. for 10 years as well as also slapped with fine appertaining to Rs.2000/- in default thereof to undergo imprisonment of one year additionally, R.I. for 2 years under Section 201/34 of the IPC vide order dated 02.07.2011 by the learned Additional Sessions Judge, IVth, Aurangabad in Sessions Trial No.91 of 2009 / 524 of 2009 challenged the conviction and sentence. 2. Mishri Ram father of deceased Meera Devi lodged First Information Report on 05.11.2008 at about 08:15 A.M. in presence of Ram Kumar Rajbanshi and Deodutt Rajbanshi alleging inter alia that his daughter Meera Devi aged about 19 years was married with Santosh Rajbanshi, son of Ram Sukhi Rajbanshi on 27-04-2008. Marriage and Gauna was effected simultaneously and at the time of Bidai sumptuous gift were donated according to his means. Five days afte...
Tag this Judgment!Dhunmun Yadav Vs. the State of Bihar
Court: Patna
Decided on: Jan-27-2014
I.A. Ansari, J. 1. This appeal is directed against the judgment, dated 28.07.2006, and order, dated 29.07.2006, passed, in Sessions Trial No. 344/2006, by the learned Sessions Judge, Buxar, whereby the present two appellants, namely, Dhunmun Yadav and one Arvind Dubey @ Gandhi (since deceased) stood convicted under Sections 364A, 302 and 201 read with Section 34 of the Indian Penal Code (hereinafter referred to as œI.P.C.Ÿ). Following their conviction under Section 302 read with Section 34 I.P.C., while accused-appellant, Arvind Dubey @ Gandhi (since deceased) was, sentenced to death, the present appellant, Dhunmun Yadav, was sentenced to imprisonment for life. Similarly, for their conviction under Section 364A read with Section 34 I.P.C., while accused-appellant, Arvind Dubey @ Gandhi (since deceased), was sentenced to imprisonment for life with fine of Rs. 10,000/- (ten thousand) and, in default of payment of fine, suffer imprisonment for six months, the present appellant,...
Tag this Judgment!Akhlesh Prasad Singh @ Akhileshwar Singh and Another Vs. the State of ...
Court: Patna
Decided on: Jan-27-2014
I.A. Ansari, J. 1. This appeal has put to challenge the judgment, dated 28.02.2012, passed, in Sessions Case No. 237 of 2010, by the learned 1st Additional Sessions Judge, Banka, whereby the accused-appellants, Akhleshwar Prasad Singh @ Akhileshwar Singh and Poonam Devi, stand convicted under Section 302 read with Section 34 of the Indian Penal Code as well as Section 326 read with Section 34 of the Indian Penal Code. Following their conviction, as mentioned herein before, they have been sentenced to suffer imprisonment for life and pay a fine of Rs. 10,000/- each and, in default of payment of fine, to undergo simple imprisonment for six months. 2. The case of the prosecution may, in brief, be discussed thus: (i) Deceased Renu Devi was wife of the informant Gopal Prasad Singh (PW 4), PW 4 being son of PW 3 (Jagdish Prasad Singh). On 30.06.2009, at about 7 PM, Renu Devi, having served meals to her husband (PW 4), her father-in-law (PW 3) and her brother-in-law, Rishi Kumar (PW 2), went ...
Tag this Judgment!Ravi Shankar Kumar Akela Vs. the State of Bihar, Through the Chief Sec ...
Court: Patna
Decided on: Jan-24-2014
Oral Judgment: Navin Sinha, J. Navin Sinha, J. Date : 24.01.2014 We have heard counsel for the petitioner and the Principal Additional Advocate General on behalf of the State. In this Public Interest Litigation, the petitioner seeks quashing of Memo No. N/Home Treasury-74/09/2009-111 Patna dated 05.06.2009 framing the œJ.P. Senani Samman Yojna? with effect from 01.06.2009. The scheme provides that persons who had undergone imprisonment under the Maintenance of Internal Security Act and the Defence of India Rules, under the leadership of Late Lok Nayak Jay Prakash Narayan between the period from 18.03.1974 to 21.03.1977 would be given a monthly pension of Rs. 2500/- to those who may have remained in custody up to six months or were injured in police firing and Rs. 5000/- to the widow of those who may have died in police firing or during custody under the aforesaid laws. Learned counsel for the petitioner submits that the agitation itself was unjustified. Chaos ruled. Students and ...
Tag this Judgment!Scope Sales Pvt. Ltd. Vs. State of Bihar and Others
Court: Patna
Decided on: Jan-24-2014
Ajay Kr. Tripathi, J. (CAV)“ 1. Petitioner is a Private Limited Company, which wants quashing of an order dated 4.4.2009 passed by the Managing Director of Bihar Industrial Area Development Authority (hereinafter referred to as BIADA). By virtue of this order contained in Annexure-9, an allotment of land having 2.55 acres made in favour of the petitioner located at Plot No.C-34 in the Industrial Area of Patliputra has been cancelled. This land was initially allotted to the petitioner company for setting up of a commercial complex like a Mall cum Multiplex for which, according to the petitioner, all the formalities had been completed and the demand raised for such allotment was also met by timely payment to BIADA. 2. Fact as such relating to allotment of land by BIADA in favour of the petitioner is not a matter of dispute. There was an advertisement issued on 6.6.2007 in daily Newspaper inviting persons interested in auction of the plots in the industrial area. Petitioner became t...
Tag this Judgment!Tripurari Jha Vs. the State of Bihar
Court: Patna
Decided on: Jan-24-2014
Oral Judgment: 1. Heard learned counsel for the appellant and learned counsel representing the Central Bureau of Investigation. 2. The solitary appellant has preferred this appeal against his conviction for the offence under section 7 of the Prevention of Corruption Act (hereinafter referred to as œAct?) and sentenced to undergo rigorous imprisonment for six months as awarded by Special Judge, Central Bureau of Investigation, North Bihar, Patna, on 25th July 2001 in Special Case No. 65 of 1990/29A of 1990, by same judgment, he has been acquitted from the charges under Section 13 of the Act. 3. The case against the appellant has been initiated on the written information given by one Binay Kumar Sah (P.W.9) on 27th August 1990, intimating that arrears of his salary, for the month of April of the year 1990, is not being prepared by the appellant in spite of repeated request, since he is not obliging him by providing one bottle of Aristocrat or lastly by Rs.50/-. On such information,...
Tag this Judgment!Ganesh Singh and Others Vs. the State of Bihar
Court: Patna
Decided on: Jan-22-2014
I.A. Ansari, J. 1. These appeals have put to challenge the judgment, dated 20.02.2013, passed, in Sessions Trial Nos. 152 of 2011 and 344 of 2012, by learned Ad hoc Additional Sessions Judge-I, Bhojpur, Ara, whereby all the three accused-appellants stand convicted under Section 302 read with Section 34 of the Indian Penal Code. By the impugned judgment, dated 20.02.2013, the accused-appellant, Bishnu Singh @ Bishnu Shankar Singh, also stands convicted under Section 27 of the Arms Act, 1959. Following their conviction under Section 302 read with Section 34 of the Indian Penal Code, all the three accused-appellants herein have been sentenced to suffer imprisonment for life and pay fine of Rs. 25,000/- (twenty five thousand) each, and in default of payment of fine, suffer imprisonment for a period of six months. For his conviction under Section 27 of the Arms Act, 1959, the appellant, Bishnu Singh @ Bishnu Shankar Singh, has also been sentenced to suffer imprisonment for three years and p...
Tag this Judgment!M/S. Cecon Engineers India Private Limited and Another Vs. Shanta Devi ...
Court: Patna
Decided on: Jan-22-2014
1. The present application under section 11(6) of the Arbitration and Conciliation Act, 1996 (for short `the Act) has been filed by the two petitioners. It was originally filed as against opposite parties no. 1 to 10 being first set and opposite parties no. 11 to 20 being opposite party second set, but in course of the proceedings the petitioners agreed to delete opposite party second set i.e. opposite parties no. 11 to 20. As such this application subsists only in relation to opposite party first set. Petitioner no.2 is the builder, whereas, petitioner no.1 is the Project Partner and opposite party first set are the land-lords. 2. leadings being complete, with consent of the parties, this application was heard for final orders. 3. Shri Jagannath Singh, learned counsel appeared for the petitioners in support of the application and Shri Lalit Kishore, learned senior counsel and Principal Additional Advocate General argued on behalf of opposite party first set. 4. It appears that opposit...
Tag this Judgment!Bairister Gond @ Balister Gond and Others Vs. State of Bihar
Court: Patna
Decided on: Jan-21-2014
Oral Judgment: 1. This appeal has been preferred by eight appellants against the judgment dated 2nd March, 2001 passed by learned 3rd Additional District and Sessions Judge, Gopalganj in Sessions Trial No. 207 of 1997/ 032 of 1997 arising out of Bishambhar Pur P.S. Case No. 17 of 1997, challenging conviction of appellant no.6 Oshihar Gond @ Washihar Gond for the offence under sections 307/34 I.P.C and section 148 IPC and sentenced to undergo R.I. for ten years under sections 307/34 IPC and two years under section 148 IPC and for remaining appellants for the offence under section 307/34 I.P.C five years. Further appellant no.3 Ram Bachan Gond under section 379 IPC one year, under section 323 IPC six months and appellant no.1 to 5 under section 147 IPC one year. Besides above all the appellants were ordered to pay fine of Rs. 2,000/- each to be paid to the Informant, in default to undergo SI for three months. 2. The prosecution has come out with a case on the fardbeyan of P.W. 5 Rajendra...
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