Patna Court January 2014 Judgments
Radhe Shyam Thakur and Others Vs. the State of Bihar
Court: Patna
Decided on: Jan-21-2014
1. Heard learned counsel for the appellants and learned counsel for the State. 2. The three appellants have preferred this appeal against their conviction for the offence under section 324/34 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for two years on 20th August 2001 by learned 6th Additional Sessions Judge, Saran at Chapra, in S. Tr. No. 689/1994 arising out of Amnour P.S. Case No. 91/90. 3. As submitted by the Bar and also emerging from the record that informant (P.W.3) has come out with the case that in a petty dispute the three appellants inflicted injuries upon him by deadly weapons and he became senseless brought to hospital with the help of co-villagers and others where he got treatment. 4. The prosecution by way of documentary evidence in this case for the offence under section 307/34 of Indian Penal Code produced following exhibits: Exhibit 1“ Signature of informant on Fardbeyan Exhibit 1/1-Signature of informant on Fardbeyan 5. P.W.1 Ram Ja...
Tag this Judgment!Sunil Kumar and Others Vs. State of Bihar and Others
Court: Patna
Decided on: Jan-21-2014
Navin Sinha, J. (Oral) “ 1. At a later stage of this public interest litigation we opined that a fire fighting approach with regard to the deficiencies of the Corporation in providing civic amenities to the residents of the capital city was not the appropriate answer in this public interest litigation. Therefore on 19.8.2013, after going through the staff categorisation of posts and strength of employees in the Corporation created in 1952, as revealed in the affidavit filed by the Corporation, we had observed that it appeared archaic and out of date for a city aspiring for metropolitan status. The changing nature of the city and consequent municipal duties required rationalisation and restructuring as some of the posts apparently appeared archaic and non-productive with passage of time. We had also noticed the sanctioned posts and vacancies including those transferred from the erstwhile Patna Regional Development Authority. 2. Any organisation for optimum output, performance and ...
Tag this Judgment!Essel Adi Smart Grid Solutions Ltd Vs. Bihar State Power (Holding) Com ...
Court: Patna
Decided on: Jan-20-2014
Navaniti Pd. Singh, J. (CAV) “ 1. As pleadings are complete with consent of parties, this writ petition was heard at length for final disposal at this stage itself. 2. Originally, the writ petition was filed, inter alia, to declare the introduction of revised Clause-5.3.1 of the Request for Proposal (RFP) in respect of Patna Electric Supply Unit (PESU) area (Patna) to be arbitrary, unreasonable and to set it aside restoring the original clause. Later the new RFP issued cancelling the earlier RFP is also challenged by interlocutory application by amending the writ petition, which has been allowed. 3. Heard Mr. Y.V. Giri, learned Senior Counsel in support of the writ petition and Mr. Lalit Kishore, learned Senior Counsel and Principal Advocate General, ably assisted by Mr. Anand Kumar Ojha for the Bihar State Power (Holding) Company Limited. 4. The facts are not in dispute. The Electricity Act, 2003 (hereinafter in brevity 'Act') and its subsequent amendments which repealed the Ind...
Tag this Judgment!M/S. Mahadev Enclave Pvt. Ltd. Vs. the State of Bihar and Others
Court: Patna
Decided on: Jan-20-2014
1. By these three writ petitions, the petitioner has sought indulgence of this Court for a direction to the respondent State and its authorities to proceed with petitioners technical bid and financial bid, as submitted by him, in respect of Patna, Banka and Arwal. The three writ petitions are in relation to each of these three places. The bids were called by the State for settlement of mining rights of sand from the river beds. 2. Heard Mr. S.D. Sanjay, learned Senior Counsel for the petitioner in all the three writ petitions and Mr. D.K. Sinha, learned Senior Counsel for the Department of Mines, Government of Bihar and with their consent these writ petitions are being disposed of at this stage itself. 3. For settlement of sand mining rights from the river beds (Balu Ghat Settlement) State in the Department of Mines and Geology issued notice inviting tenders. The tenders had to be submitted in two parts. Part-A was technical bid and Part-B was to be financial bid. In the technical bid,...
Tag this Judgment!Deepak Kumar Singh Vs. Gauri Devi
Court: Patna
Decided on: Jan-17-2014
Oral Judgment: Navin Sinha, J. We have heard learned counsel for the appellant. No one has appeared on behalf of the respondent despite valid service of notice. The present appeal arises from order dated 8.6.2009 dismissing Matrimonial Case No.59/07, passed by the Principal Judge, Family Court at Darbhanga. The appellant's application for divorce was dismissed. Learned counsel for the appellant submits that the order under appeal does not adequately consider and discuss why the grounds urged with regard to the conduct of the respondent were not acceptable to the Family Court and only the case made out in defence by the respondent has been believed. In absence of any proper discussion and consideration of the grounds urged in support of divorce, the order under appeal is bad without furthermore. The respondent left the matrimonial home without just cause. Her conduct was not conducive to matrimonial life as she was mentally dull and was unable to perform routine duties as a house wife. ...
Tag this Judgment!Sarowari Devi Vs. Union of India
Court: Patna
Decided on: Jan-16-2014
Amaresh Kr. Lal, J.“ 1. This appeal has been preferred against the judgment and order dated 23.10.2008 passed by the Railway Claims Tribunal, Patna Bench in Claim Application No. 0A9800102 by which the claim application filed under Section 125of the Railways Act, 1989 read with Section 16 of the Railway Claims Tribunal Act, 1987 has been dismissed on the ground that the appellant could not prove the death of her husband Jamun Sada as a bona fide passenger of the train. 2. The appellant filed an application for compensation on the ground of death of her husband Jamun Sada due to train accident while he was travelling from Madhubani to Rajendra Pul Station as a bonafide passenger to attend Murna of his nephew at Gangaghat but he fell down from Train No. 134 down (Dhuliyan) at Simaria Railway station on 11.2.1998 due to jostling by heavy rush of passenger. Soon thereafter the deceased was rushed to Sadar Hospital Begusarai where the doctor declared him dead and he was brought back t...
Tag this Judgment!Srinivash Rai Vs. Mahendra Rai and Others
Court: Patna
Decided on: Jan-16-2014
Navin Sinha, J. The present appeal arises from order dated 21.9.2012 in C W J C No.2492 of 2004. The Learned Single Judge set aside the Award by the Lok Adalat, Rohtas at Sasaram, in Partition Case no. 358(D) of 2001 dated 29.3.2001 on allegations of fraud and also observed that the Award given in a family dispute will not bind the parties when it is questioned by one of them. It is necessary to notice the facts of the case, the provisions of the Legal Services Authority Act, 1987,(hereinafter referred to as the Act) and the Bihar State Legal Services Authority Regulations 1998, framed under Section 29 A of the Act. Also relevant for discussion is the law discussed in (2010) 8 SCC 24 (AFCON INFRASTRUCTURE LIMITED and ANOTHER V. CHERIAN VARKEY CONSTRUCTION COMPANY PRIVATE LIMITED and OTHERS) along with the National Legal Services Authority (Lok Adalat) Regulations,2009. Claiming to be governed by the Mitakshara school of Hindu law, as karta, the father of the Appellant filed Partition S...
Tag this Judgment!Indian Airlines Was a Statutory Corporation, Calcutta Vs. Central Govt ...
Court: Patna
Decided on: Jan-15-2014
Heard learned counsel for the petitioner. No one appeared for the respondents although earlier the respondents had entered appearance in the matter. The writ application has been filed for quashing the award dated 17.5.1993 made by the Central Government Industrial Tribunal Dhanbad (No.2), Dhanbad by which the management of the petitioner- Indian Airlines has been directed to reinstate the respondent nos. 2 to 4 as casual loaders within two months from the date of publication of the award and has been further directed to regularize the services of the said respondents if and when the vacancy occurs after the date of the said award. The further prayer made is to quash the order dated 12.1.1994 passed by the respondent no.6, Assistant Labour Commissioner (Central) Patna-II by which the petitioner has been directed to show cause within 15 days as to why legal action should not be taken for non-implementation of the impugned award under Section 29 of the Industrial Disputes Act, 1947. The ...
Tag this Judgment!Bharat Poddar Vs. the State of Bihar
Court: Patna
Decided on: Jan-15-2014
1. Sole appellant Bharat Poddar has been found guilty vide judgment dated 17.09.2013 for an offence punishable under Section 366A of the IPC as well as 376 of the IPC and sentenced to undergo R.I. for five years as well as also slapped with fine appertaining to Rs.5,000/- in default thereof to undergo S.I. for six months under Section 366A, R.I. for seven years as well as also slapped with fine appertaining to Rs.10,000/- in default thereof to undergo S.I. for one year, with a further direction to run the sentences concurrently vide order dated 20.09.2013 by Adhoc Additional Sessions Judge-Ist, Saharsa in Sessions Trial No.135 of 2013 is the subject matter of challenge in the instant appeal. 2. It has been submitted on behalf of the appellant that the judgment of conviction and sentence recorded by the learned Lower Court happens to be bad and illegal as well as is also based upon wrong appreciation of the evidence available on the record. It has been submitted that save and except P.W...
Tag this Judgment!Deo NaraIn Mahto Vs. State of Bihar and Others
Court: Patna
Decided on: Jan-10-2014
1. Petitioner/informant has challenged the judgment dated 28.01.2003 passed by Additional Sessions Judge, FTC-1, Samastipur in Sessions Trial No. 347/1997/190/2000 whereby and whereunder the O.Ps No. 2 to 8 have been acquitted. 2. It has been submitted on behalf of petitioner that the judgment of acquittal recorded by the learned lower court happens to be based upon wrong and flimsy grounds. It has also been submitted that altogether eight PWs have been examined out of whom PW-7 is the doctor who had conducted postmortem over the dead body of Sunil (deceased). From his evidence as well as from the postmortem report, it is evident that deceased Sunil had sustained ante-mortem fire arm injury and that was found the cause of death. Therefore, the version of the prosecution with regard to murder of Sunil by means of fire-arm is fully proved. However, the learned lower court wrongly and illegally took the aforesaid evidence contrary to the prosecution case in the background of presence of s...
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