Patna Court March 2014 Judgments
Chandra Pathak Vs. the State of Bihar and Others
Court: Patna
Decided on: Mar-24-2014
1. This Petition under Article 226 of the Constitution has been filed by one Shri Chandra Pathak, Sub-Judge, Saharsa for quashing the Notification dated 21st February, 2013 passed by the respondent-State on the recommendation of the Patna High Court on administrative side by which the petitioner has been inflicted upon with the punishment of compulsory retirement in terms of the provisions contained under Rule 14(ix) of the Bihar Government Servant (Classification, Control and Appeal) Rules 2005 (hereinafter referred to as œthe Rules of 2005?). The further prayer made is to allow the petitioner to resume his duties as a member of the State Judicial Services along with all the consequential benefits including seniority, pay, etc. 2. Learned advocate Mr. Abhinav Srivastava appears for the petitioner. Mr. Abhinav Srivastava has stated that he has no objection, if this Bench hears and decides the matter. Learned advocate Mr. Mrigank Mauli appears for the High Court and learned advoca...
Tag this Judgment!Bigan Thakur Vs. State of Bihar
Court: Patna
Decided on: Mar-24-2014
1. The present appeal arises out of judgment dated 07.02.2002 passed in Sessions Trial No.289 of 1998/91 of 2000 by the learned VIII Additional Sessions Judge, Gaya, by which the solitary appellant was held guilty of committing an offence under Section 326 of the IPC and was directed to suffer rigorous imprisonment for ten years. 2. The prosecution story emanates from Ext-5, the fardbeyan of Ram Binay Thakur (P.W.5), recorded in Magadh Medical College Hospital, Gaya, where the informant was admitted for being treated for the injury received by him. It was stated that after having taken his dinner at about 7 P.M. on 27.09.1997, the informant was going to his other house to sleep. When he had reached near the river, five persons surrounded him all on a sudden and started abusing him. They were also shouting that the informant be killed. Out of the five persons, the informant (P.W.5) could identify the present appellant Bigan Thakur, who as per further allegation attempted multiple blows ...
Tag this Judgment!Abdul Rauf and Others Vs. the State of Bihar
Court: Patna
Decided on: Mar-24-2014
1. Three appellants were charged by the learned 3rd Additional Sessions Judge, Aurangabad with commission of offences under Sections 3 and 4 of the Explosive Substances Act (hereinafter referred to as the Act) in Sessions Trial No. 42 of 1993 and by judgment of conviction dated 15.02.2002 they were held guilty of committing the offences. After being heard on sentence, each of the appellants was directed to suffer rigorous imprisonment for ten years as also to pay a fine of Rs. 2,000/- eue to being convicted under Section 3 of the Act while they were individually to suffer rigorous imprisonment for seven years as also to pay a fine of Rs. 2,000/- each for being convicted under Section 4 of the Act. The order of sentence directed that in case of not paying up the fine of Rs. 2,000/-, each of the appellants should have suffered rigorous imprisonment for another period of six months. The order of suffering imprisonment in case of making default in payment of fine, appears passed only as pa...
Tag this Judgment!Bhagwat Mahto Vs. the State of Bihar
Court: Patna
Decided on: Mar-20-2014
1. Heard Mr. P.K. Jaipuriyar, learned counsel for the appellant, and Mr. S.C. Mishra, learned Additional Public Prosecutor for the State. Considering the fact that this appellant, namely, Bhagwat Mahto, has already undergone a period of three years detention in custody, we, in the peculiar facts and circumstances of the present case, have taken the appeal, with the consent of the learned counsel for the parties appearing before us, for hearing. The appeal is, accordingly, heard. The sole appellant, Bhagwat Mahto, has preferred this appeal against the judgment of conviction, dated 04.06.2013, and order of sentence, dated 07.06.2013, passed, in S.T. No. 14 of 1988, arising out of Barari P.S. Case No.34 of 1986, by learned Adhoc Additional Sessions Judge, Katihar, whereby the appellant has been convicted under Section 302 read with Section 34 of the Indian Penal Code and sentenced to undergo imprisonment for life with fine of Rs.10,000/- and, in default of payment of fine, to undergo R.I....
Tag this Judgment!Md. Quamrul Haque and Others Vs. Md. BadruddIn and Others
Court: Patna
Decided on: Mar-14-2014
1. This Second Appeal under section 100 of the Code of Civil Procedure has been filed against the judgement and decree dated 07.10.1994 passed by learned 2nd Additional District Judge, Patna in Title Appeal No. 128/1991 affirming the judgement and decree passed by learned 10th Subordinate Judge, Patna in Title Suit No. 36 of 1990/ 3 of 1990. 2. The appellants herein were the plaintiffs before the court below. Partition Suit No. 36/1990 was filed by the appellants claiming their 2/3rd share in respect of the suit property i.e., the land with house measuring 53 decimals of plot No. 375, Khata No. 12 Tauji No. 5070 situated at village Hamidpur, Kurji in the district of Patna. As per the plaintiffs case, one Abdul Shakur had two wives. From the first wife he had a son Nazirul Haque and a daughter Juwaida Khatoon. From the second wife he had three sons, namely, Moinuddin, Fashiuddin, Badruddin and three daughters, Kaniz Fatima, Anisul Fatima and Monisul Fatima. The said Abdul Shakur is said...
Tag this Judgment!Awadesh Kumar Singh @ Awadesh Kumar Singh and Another Vs. Mithilesh Si ...
Court: Patna
Decided on: Mar-14-2014
The plaintiffs-appellants have preferred this appeal against the judgment and decree dated 15.03.2007 passed by the learned Additional District Judge, F.T.C.IV, Saran at Chapra in Title Appeal No.28/2005 by which the judgment and decree of the trial court i.e. Munsif-II, Saran at Chapra dated 18.08.2005 passed in Title Suit No.73/1994 has been set aside and the case has been remanded to the trial court to decide the case afresh in the light of the observation made in point nos. 1, 2 and 3 as mentioned in Paragraph 12 of the impugned judgment. The plaintiffs-appellants filed Title Suit No.73/1994 in the court of learned Munsif for declaration of their right, title and recovery of possession on the suit lands. The case of the contesting defendants is that no deed of gift was executed by Ram Narayan Singh in favour of his daughters Rambali Devi and Deepa Kuer. Rajbali Devi never sold her share to the plaintiffs. Deepa Kuer did not execute a registered deed of mortgage and the mortgagee ne...
Tag this Judgment!Shiv Kishore Singh and Others Vs. the State of Bihar and Others
Court: Patna
Decided on: Mar-14-2014
1. Heard learned counsel for the parties. 2. In this writ application, 71 petitioners have assailed the common order and judgment dated 29.6.2012 of the District Teachers Employment Appellate Tribunal, Saran (hereinafter to be referred to as the Tribunal) in Appeal Case No. 60 of 2011, 95 of 2011, 94 OF 2011, 68 of 2011 and 107 of 2011, whereby and whereunder, the Tribunal has refused to issue a direction for appointment of the petitioners on the post of Prakhand Teacher. A consequential direction has also been sought from this Court for issuance of appointment letter to all the petitioners in view of their being successful candidates pursuant to the selection process undertaken for appointment to the post of Prakhand Teacher. 3. Learned counsel for the petitioners while assailing the impugned order passed by the Tribunal, has basically concentrated on the aspect that once the selection process was already completed for appointment on the post of Prakhand Teacher and the petitioners we...
Tag this Judgment!Narendra Kumar Singh @ Karu Singh Vs. State of Bihar
Court: Patna
Decided on: Mar-14-2014
1. The solitary appellant Narendra Kumar Singh @ Karu Singh was put on trial by the learned Additional Sessions Judge-II, Barh, Patna by being charged with committing offence under Sections 341 and 307 of the IPC in Sessions Trial No.178 of 1991. By the impugned judgment dated 19.09.1996, the appellant was held guilty of having committed the two offences, he had been charged with and after being heard on sentence on the same day, the appellant was directed to suffer rigorous imprisonment for seven years under Section 307 of the IPC, while no separate sentence was passed upon the appellant for being convicted of offence under Section 341 of the IPC. The appellant questions the appropriateness and correctness of the findings regarding his guilt and the quantum of sentence which was inflicted upon him. 2. P.W.5 Ram Niwas Singh alias Babuaji gave his fardbeyan on 03.08.1990 at 10 P.M. at Middle School, Maranchi stating that while he was coming from his brick-kiln at about 9.30 P.M. the pre...
Tag this Judgment!The Chairman, Bihar School Examination Board and Others Vs. Jagdish Sa ...
Court: Patna
Decided on: Mar-14-2014
Respondent No. 1 was dismissed from service on 28.01.2003, after a Departmental Proceeding. The Appeal preferred by him was rejected on 02.05.2003. The writ application has been allowed setting aside the order of dismissal, entitling respondent no. 1 to all consequential benefits. The learned Single Judge held that the Departmental Proceedings were not held in accordance with law for a major punishment. Respondent no. 1 was not given opportunity to examine the documents relied upon by the Enquiry Officer or lead evidence of his witnesses. No list of documents on which the charge was proposed to be proved was supplied to respondent no. 1 with the charge memo. It could not be said that the charge stood proved in absence of any evidence in support of the same. In view of the intervening superannuation of the respondent no. 1 the matter would not be remanded to proceed afresh from the stage of irregularity in the proceedings as Rule 43(b) of the Bihar Pension Rules had not been adopted by ...
Tag this Judgment!Deo Narayan Bhagat Vs. State of Bihar
Court: Patna
Decided on: Mar-14-2014
1. The present appeal is directed against judgment of conviction and order of sentence dated 22.09.1995 passed by the learned Special Judge (E.C.Act), Saharsa in Special Case No.06 of 1988, by which the solitary appellant Deo Narayan Bhagat was held guilty of committing offence under Section 7 of the Essential Commodities Act on account of having violated the provisions of the Bihar Trade Articles (Licensing Unification Order), 1984 (hereinafter referred to as the žunification orderŸ) issued U/S 3 of the Essential Commodities Act which contravention was punishable under Section 7 of the Essential Commodities Act. After being heard on sentence, the appellant was directed to suffer rigorous imprisonment of one year for committing the offence under Section 7 of the Essential Commodities Act. 2. It appears that the Sub. Divisional Officer, Saharsa with the Additional District Supply Officer, Saharsa (P.W.3) and Dy.S.P., Saharsa (not examined) went to village Sapaha and searched ...
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