Patna Court May 2014 Judgments
Shamshad Ali Khan Vs. the State of Bihar and Others
Court: Patna
Decided on: May-02-2014
After going through the punishment order, as contained in Annexure-10, this Court finds that the reliance placed by learned senior counsel for the petitioner on the order dated 24.09.1999 passed in CWJC No.5723 of 1998 is misconceived. In the said order, a Bench of this Court, placing reliance on an earlier case of unauthorized absence of 195 days resulting into punishment having been interfered with by the Court on quantum of punishment, disposed of the writ application remitting the matter back to the respondents to consider the case of petitioner of the case also on the question of quantum of punishment, as he had been dismissed from service on account of absence for 220 days. In the present case, the order of dismissal of the DIG dated 6.10.1994 gives the entire detail of the conduct of petitioner. From this order it appears that, while the petitioner was on 14 days leave with effect from 27.3.1992, he was transferred from Darbhanga to Simdega on 10.4.1992. On the expiry of leave o...
Tag this Judgment!Shambhu Chaudhary and Others Vs. the State of Bihar
Court: Patna
Decided on: May-02-2014
Heard Mr. Bashistha Narayan Mishra, learned counsel appearing on behalf of the petitioners and learned counsel for the State. This criminal revision application is directed against the judgment and order dated 17.12.2002 passed by the 3rd Additional Sessions Judge, West Champaran at Bettiah in Criminal Appeal No.44 of 2000, whereby the appellate court while upholding the conviction of the petitioners under section 498A of the Indian Penal Code and dismissing the appeal, has modified the sentence from two years as awarded by the trial court to one year. This criminal revision was admitted vide order passed on 4.2.2003 and while doing so this Court dismissed the revision against petitioner no.1 Shambhu Chaudhary, who happens to be the husband of the daughter of the informant. Thus this revision proceeded only in respect of petitioner nos.2 to 4. It is admitted by Mr. Mishra, learned counsel appearing for the petitioners that by virtue of dismissal of the criminal revision application the...
Tag this Judgment!Bhagmati Devi Vs. the Union of India
Court: Patna
Decided on: May-01-2014
The appellant has preferred this appeal against the order dated 26.9.2008 passed by the learned Railway Claims Tribunal, Patna in Claim Case No. O A 00111/2004 by which the claim petition has been rejected. The case of the claimant, in brief, is that Gauri Shankar Raut, the husband of the claimant purchased a second class passenger ticket from Motihari Court to Raxaul on 27.8.2003 and boarded in Train No. 525 UP at Motihari Court Station. The train was overcrowed, anyhow the deceased could get inside the train but due to heavy rush and jostling of passengers, the deceased fell down from the train between Motihari Court Railway Gate No. 159 and 159(A) on 27.8.2003 and received grievous injury due to accident and died on the spot. The appellant filed claim case for getting compensation due to accidental death of her husband. The railway-respondent appeared in the claim case and contested the case. It was pleaded by the railway that the deceased was not a bona fide passenger because no tr...
Tag this Judgment!Dr. Tandaw EinsteIn Samdarshi Vs. the State of Bihar and Others
Court: Patna
Decided on: May-01-2014
Heard learned counsel for the petitioner and learned counsel for the State. The petitioner has filed the writ application challenging the order dated 12.06.1997, by which the petitioner was dismissed from service and the proceeding for recovery of Rs.80,000/- was directed to continue as also the earlier order dated 23.11.1996, by which a direction was issued to the District Magistrate and the Superintendent of Police to initiate a proceeding under Public Demand Recovery Act for realization of a sum of Rs.80,000/- with 18% interest given to the petitioner for his advanced training in the University of Alabama at Birmingham in the United States of America in Echo Cardiography, a speciality in Cardiology. The facts of the case are practically not in dispute. The petitioner was given an amount of Rs.80,000/- to meet part of his expenses for pursuing higher study as mentioned above and was also granted leave for the same. The said course of study was for a period of six months. The petition...
Tag this Judgment!Niwas Rungta and Others Vs. the State of Bihar and Others
Court: Patna
Decided on: May-01-2014
R.K. Datta, J. Heard learned counsel for the petitioners and learned counsel for the State. The petitioners seek quashing of the order dated 16.12.1991 passed by the respondent Collector, Purnea in Misc. Ceiling Case Nos. 141/1984-85 and 140/1984-85, by which he has cancelled the settlement of 14 decimals of land with respect to petitioner Nos. 1, 2 and 3, and 47 decimals of land with respect to petitioner No.4 and further for quashing the proceedings initiated under the Public Land Encroachment Act in Case No.5/1991-92 consequential upon the order of the Collector. The petitioner Nos. 1, 2 and 3 purchased the Nagadi Sikmi rights of lands by registered sale deed dated 16.6.1965 from Sri Chirangi Lal Kedia and Sri Jagdish Prasad Kedia, both residents of village Jalalgarh, bearing Khesra No.632/2931, area 13 decimals situated in Mouza Jalalgarh, Thana No.189 within Touzi No. 8/5 recorded in Haal Survey in Khata No.326. as per Schedule-B of the sale deed; in Schedule-C of the same sale de...
Tag this Judgment!Roshan Rai and Others Vs. S.K. NizamuddIn and Others
Court: Patna
Decided on: May-01-2014
1. This First Appeal has been filed against the judgment and decree dated 19th February, 1975 passed in Title Suit No.77/135 of 1969/74 by the learned 5th Additional Sub-ordinate Judge, Motihari. 2. The plaintiff-original appellant herein, brought the aforesaid suit for declaration of title and recovery of his possession along with mesne profit against defendant 1st party with respect to the suit land, fully detailed in Schedule 1 of the plaint, or alternatively, for a decree of partition of the lands, fully detailed in Schedule 2 of the plaint, against all the defendants. 3. The suit was contested by the defendants 1st party, who are respondent Nos. 1 to 4 herein in the present appeal, as also by defendant Nos. 5,6 and 7, by filing their separate written statements. Both sides led their evidence and produced all the materials in support of their respective claims with respect to the suit properties. However, on conclusion of trial, by the impugned judgment and decree, the learned tria...
Tag this Judgment!Shankar Yadav @ Shanker Yadav and Others Vs. the State of Bihar
Court: Patna
Decided on: May-01-2014
1. These two appeals arise out of judgment of conviction, dated 24.03.2007, and order of sentence, dated 31.03.2007, passed by Presiding Officer, Additional Court (F.T.C.) No. 1, Rohtas, at Sasaram, in Sessions Trial No. 379/2005, Trial No. 85/2005, arising out of Sasaram (Tilauthu) P.S. Case No. 674/04, convicting the five appellants under Sections 302 and 364 I.P.C. with direction to undergo imprisonment for life on both the counts. The two sentences have, however, been directed to run concurrently. 2. Prosecutions case, as set out in the fardbeyan of Chhathan Yadav (P.W. 8), recorded by S.I. Hare Krishna Mandal (P.W. 9), Officer-in-Charge, Tilauthu P.S., on 15.12.2004, at 6:45 A.M., at the police station campus, is that on 14.12.2004, at about 10:00 A.M., when the informant was sitting in his khalihan, situate on the eastern end of Reriya village, and his brother, Guru Charan Yadav, was getting ready, with his tractor, to go to the market, the informant saw 40-50 extremists, wearing...
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