Patna Court May 2014 Judgments
The Oriental Insurance Company Ltd. Vs. Saraswati Devi and Others
Court: Patna
Decided on: May-16-2014
1. The insurer of the offending vehicle (tractor and trailer) has preferred this appeal against the judgment and award dated 7.7.2009 passed by the learned Motor Vehicles Claim Tribunal cum Additional District Judge, Kishanganj, in Claim Case no. 8 of 2000/A.C. 5 of 2000 by which the appellant has been directed to pay the amount of compensation with interest. 2. The brief fact of the case is that the deceased Deep Narain Singh, aged about 26 years and a permanent employee of the State Bank of India drawing Rs. 7402.28 paise per month, along with his son Pradeep Singh was returning to his house on 24.12.1999 at about 7-15 P.M. In the meantime, the tractor bearing registration no. BEK-2128 and trailer no. BR-37-0602 driven rashly and negligently dashed the deceased causing him multiple injuries which resulted into his death. The accident was reported to Kishanganj Police Station and Kishanganj P.S. case no. 0154 of 1999 was instituted against the driver of the tractor. During investigati...
Tag this Judgment!Rajiv Singh Vs. the State of Bihar
Court: Patna
Decided on: May-16-2014
1. This appeal has been preferred by the appellant Rajiv Singh against the judgment of conviction dated 21.10.2011 whereunder, he has been found guilty for an offence punishable under Sections 304B, 201, 498A of the I.P.C. and sentence dated 25.10.2011 directing to undergo rigorous imprisonment for ten years under Section 304B of the I.P.C., rigorous imprisonment for two years as well as also slapped with fine appertaining to Rs. Five thousand in default thereof, to undergo simple imprisonment for one month additionally under Section 201 of the I.P.C., rigorous imprisonment for two years as well as also fined Rs. Five thousand in default thereof, to undergo S.I. for one month additionally, under Section 498A of the I.P.C. with a further direction to run the sentences concurrently. 2. After hearing both sides as well as going through the record, certain admitted fact is to be taken note of for better appreciation. Appellant Rajiv Singh happens to be the husband of Rani Archana Sinha (so...
Tag this Judgment!Prawesh Kumar Das Vs. the State of Bihar
Court: Patna
Decided on: May-16-2014
1. Heard learned counsel for the parties. 2. In this writ application, the petitioner has assailed the order dated 8.8.2011 passed by the District Teachers Employment Appellate Authority, Kisanganj (hereinafter to be referred to as the Tribunal) in Case No. 367 of 2011 and 368 of 2011, whereby and whereunder, while the complaint of the petitioner has been rejected on the ground of delay whereas the case of the respondent no.11, who had filed his separate case no. 368 of 2011, has been allowed by way of direction for appointment the respondent no.11 on the vacancy caused on account of termination of the service of Md. Matlub Alam. 3. Learned counsel for the petitioner has submitted that the view taken by the Tribunal as with regard to filling up of the vacancy on the post of Panchayat Teacher due to termination of the service of Md. Matlub Alam could not have enured only to the benefit of respondent no.11 but all other eligible candidates including the petitioner who admittedly had file...
Tag this Judgment!Kalpana Rani Vs. the State of Bihar and Others
Court: Patna
Decided on: May-15-2014
This Appeal under Clause 10 of the Letters Patent preferred by the respondent no.9 arises from the judgment and order dated 16th September 2010 passed by the learned single Judge in CWJC No.12054 of 2010. The matter relates to appointment of Panchayat Shiksha Mitra under the Gram Panchayat Mohiuddinpur, P.S. Hansa, District-Samastipur under the then prevalent Scheme (hereinafter referred to as žthe SchemeŸ) and absorption as Panchayat Teacher under the Bihar Panchayat Elementary Teacher (Employment and Service Conditions) Rules, 2006 (hereinafter referred to as œthe Rules of 2006?). The respondent no.10 Prashant Kumar approached this Court under Article 226 of the Constitution in CWJC No.12054 of 2010 to challenge the order dated 26th June 2010 made by the District Magistrate, Samastipur in Miscellaneous Case No.1 of 2010 and the order of cancellation of his appointment made by the Gram Panchayat on 1st January 2009. It appears that as early as in April 2003, the writ ...
Tag this Judgment!Raghu Yadav @ Rogha Yadav @ Amlesh Kumar Yadav and Another Vs. the Sta ...
Court: Patna
Decided on: May-15-2014
1. Cr. Appeal (SJ) No. 329/2012 wherein Raghu Yadav @ Rogha Yadav @ Amlesh Kumar Yadav happens to be appellant and Cr. Appeal (SJ) No. 215/2012 wherein Rutan Yadav happens to be appellant commonly originate from the judgment of conviction dated 18.02.2012 whereby and whereunder both the appellants have been found guilty for offence punishable under Sections 396 and 397 of the IPC and order dated 22.02.2012 whereby each of them has been directed to undergo RI for 10 years as well as fined Rs.5,000/- in default thereof to undergo additional imprisonment of three months under Section 396 of the IPC, RI for 8 years under Section 397 of the IPC with a further direction to run the sentences concurrently by Additional Sessions Judge, FTC-6, Saharsa in Sessions Trial No. 21/2010, challenged the same under present respective appeals and on account thereof, have been heard together and are being disposed of by a common judgment. 2. PW-8, Mantun Yadav had recorded his Fard-e-beyan on 17.06.200 at...
Tag this Judgment!Suresh Sahani Vs. the State of Bihar
Court: Patna
Decided on: May-15-2014
1. None appeared on repeated calls. I requested Shri Pramod Kumar, Advocate to assist the Court and accordingly, I have heard him. I have also heard Shri Sujit Kumar Singh, learned Additional Public Prosecutor. 2. It appears that a dacoity was committed at about 12 in the night on 04.09.1992 in the house of P.W.5 Bindhyachal Parit and in houses of other persons also. As per allegation the house of the informant and others, like, Narayan and Bilash were also plundered by the dacoits. After committing dacoity the criminals left the scene of occurrence but one of them, i.e., the present appellant Suresh Sahani, was captured by the informant. 3. On the basis of the Fardbeyan of P.W.5, the First Information Report was drawn up and the case was investigated into by P.W.6 who sent the accused up for their trial which ultimately ended in the impugned judgment. 4. The learned trial judge held that dacoity was indeed committed in the house of at least P.W.5 Bindhyachal Parit. It was also held by...
Tag this Judgment!Sheikh Izzatullah Vs. the State of Bihar and Others
Court: Patna
Decided on: May-15-2014
Petitioner has filed this writ application for quashing the Resolution contained in memo no.598 dated 25.3.2003 (Annexure-9) passed by the respondent no.3, by which, on conclusion of a departmental proceeding, he was inflicted with punishment of dismissal under the orders of the Governor, in terms of Rule 49 of the Civil Services (Classification, Control and Appeal) Rules, 1959. Since the Resolution had been issued under the orders of the Governor, petitioner filed this writ application directly to this Court challenging the same. He has further prayed for a direction to the respondents to reinstate him as Range Officer of Forests with all consequential benefits. The background facts of the case of the petitioner are that, after due selection and training, he joined as Range Officer in the office of Chief Conservator of Forest, Ranchi on 3.4.1982. Subsequently, in due course of posting, he joined at Dhalbhum under the State Trading Division, Jamshedpur in July, 1992. He continued there...
Tag this Judgment!Vijay Nath Mishra @ Vijendra Nath Mishra Vs. the State of Bihar and Ot ...
Court: Patna
Decided on: May-14-2014
The petitioner has filed this criminal writ application under Articles 226 and 227 of the Constitution of India seeking following reliefs:- œ(i) For quashing of the F.I.R., bearing Alamganj P.S. Case No. 315 of 2012, registered under Section-135 of the Electricity Act, 2003 (hereinafter referred to as the Act) on the ground of being not maintainable as the same has been instituted for the same offence for which Alamganj P.S. Case No. 19 of 2009 was instituted; (ii) For a declaration that the second F.I.R. is not maintainable after quashing of the previous F.I.R./order taking cognizance in the previous F.I.R. for the same offence; (iii) For a direction to the respondents not to take any coercive steps against the petitioner in pursuance of Alamganj P.S. Case No. 315 of 2012; (iv) For a declaration that the F.I.R. instituted in contravention to the statutory provisions cannot be maintained; (v) For any other relief or reliefs to which the petitioner may be found deemed entitled to....
Tag this Judgment!Mahendra Tanti Vs. Chandra Deo Tanti, Son of Batoran Tanti and Others
Court: Patna
Decided on: May-13-2014
I.A. Ansari, J 1. Under challenge, in the present appeals, are the judgment of conviction, dated 28.07.2007, in Sessions Trial No. 91 of 1992, by the learned Additional Sessions Judge, Fast Track Court No. II, Khagaria, and the order, dated 30.07.2007, whereby various sentences have been passed against the accused-appellants. 2. By the impugned judgment, learned trial Court has convicted all the accused-appellants, under Sections 342, 323 and 307 read with 34 of the Indian Penal Code and Section 302 read with Section 149 of the Indian Penal Code. The learned trial Court has also convicted the accused-appellants, namely, Mahendra Tanti and Ram Sharesh Tanti, under Sections 302 and 148 of the Indian Penal Code. The learned trial Court has further convicted the accused-appellants, namely, Bhadai Tanti, Chandra Deo Tanti and Bhujangi Tanti, under Section 149 of the Indian Penal Code. The trial Court has also convicted the accused-appellant, namely, Mahendra Tanti, under Section 148 of the ...
Tag this Judgment!Ajay Sadai Vs. the State of Bihar
Court: Patna
Decided on: May-13-2014
1. Appellant Ajay Sadai has preferred instant appeal against the judgment dated 16.04.2012 whereby he has been found guilty for an offence punishable under Section 376 of the I.P.C. and sentence dated 18.04.2012 directing to undergo rigorous imprisonment for ten years as well as also fined of Rs. Ten thousand in default thereof, to undergo simple imprisonment for six months additionally by the 1st Additional Sessions Judge, Darbhanga in Sessions Trial No.521 of 2010/1266 of 2010. 2. PW-9 Shibo Devi gave her fard-bayan on 11.07.2010 at about 1.00 p.m. at her house disclosing therein that her husband Naresh Sadai had gone to Tamil Nadu to earn his livelihood. She resides along with her son Manish Kumar aged about 4 years and a daughter Sanju Kumari aged about 2 years. She used to go for daily wages after giving meal to her children. Her children are being cared by Renu Kumari aged about 8 years, daughter of her sister. Today, at about 9.00 a.m. while she along with others had gone to Gho...
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