Court : Patna
..... joined the then prince of wales medical college, patna, as demonstrator in the department of anatomy. ..... by that time the prince of wales medical college, patna, had been taken over by the state government. .....
Tag this Judgment!Court : Patna
s.b. sinha, j.1. this application is directed against an order dated 24-6-1986 passed by respondent no. 5 as contained in annexure-5 to the writ' application whereby the said' authority in purported' exercise of his owner conferred under section 6 of the bihar public land encroachment act directed to remove the encroachment.2. the basic facts of the matter are not in dispute. the petitioners are harijans and/or belong to backward classes. they are also said to be landless persons. the petitioners and six other persons filed in all 30 applications on 8-5-1982 before the land reforms deputy collector for settlement of the plots contained in khasra no. 36 khata no. 234 measuring 38.kathas 10 dhura situate in companybagh within the bhagalpur municipality. the lands have been recorded as 'anabad bihar sarkar'. upon receipt of the said applications, an enquiry was made by the land reforms deputy collector (respondent no. 4) and accordingly parwanas were issued in favour of the petitioners on 29-1982. the said parwanas are annexures-2 to 22' to the writ' applications. the petitioners have contended that thereafter they also paid rent' to the state of, bihar which have been accepted from, them. the rent) receipts granted to the petitioners are contained in annexures-3 to 3/22 to the writ, application.3. in paragraph 11 of the writ application, the petitioners have given the details of the plots settled in their favour. the petitioners however, were given notice under section 3 of .....
Tag this Judgment!Court : Patna
s.b. sinha, j. 1. whether the homestead land of a landholder can be taken into consideration for the purpose of computation of the ceiling area in terms of section 4 of the bihar land reforms (fixation of ceiling area and acquisition of surplus land) act, 1961 (hereinafter to be referred as 'the said act') is the question involved in this application. 2. before adverting to the aforementioned question the fact of the matter, in brief, may be noticed. a ceiling proceeding was initiated against the petitioner's family in which apart from other lands, land situated at mauza naranga, mohalla par nadi lakhi bag, khata no. 197, plot no. 1124, area 16 decimals, plot no. 1068, area 1.62 acres, khata no. 204, plot no. 1091 area 12 decimals, khata no. 226, plot no. 1097 area 2 decimals, old ward no. 10 now 32 falling within the municipal area was included in the ceiling proceedings. upon the said lands there exists a pucca house wherein the petitioner resides with his family members. admittedly the said land was within the gaya municipality and now within gaya municipal corporation. the petitioner contends that some portions of the lands are lying vacant and the said land is used for sahan and not for agricultural purpose. 3. the matter came up before this court earlier in c. w.j. no. 2524 of 1989 and by an order dated 10-4-1989 which is contained in annexure 1 to the writ application, the case was remitted to the collector for deciding the question as to whether the land in question .....
Tag this Judgment!Court : Patna
r.n. sahay, j.1. by means of this petitions 8o and 81 of the representation of people act, 1951, the petitioner who is a practicing advocate of this court, has questioned the election of respondent no. 1, sri ram tahal choudhary from 49, ranchi lok sabha general parliamentary constituency held in the month of may, 1991. the petitioner has also prayed that he be declared to be duly elected from the aforesaid constituency.2. the petitioner along with respondent nos. 1 to 45 filed nomination for contesting the election. respondent no. 1 was declared elected on 17-6-1991 as he secured highest number of votes.3. the facts of the case are not in dispute and hence the petition is being disposed of without taking any evidence.4. the petitioner in paragraphs 4 to 17 of the election petition has setout the grounds on , which the election of respondent no. 1 has been challenged and it will be convenient to quote the said paragraphs as here-under:that at the time of delivery of their respective nomination papers under section 33(1) of the representation of people act, 1951, the respondents had neither deposited nor caused to be deposited a sum of five hundred rupees or where the respondent was a member of scheduled caste or scheduled tribe a sum of two hundred and fifty rupees (as required by section 34 of the representation of people act, 1951) with the returning officer in cash at the time of delivery of nomination paper nor the respondents had enclosed with their respective .....
Tag this Judgment!Court : Patna
nagendra rai, j.1. the sole appellant was put on trial before 2nd additional sessions judge, bhojpur, arrah in session trial no. 120 of 1992 for the offence under sections 304b, 316 and 498a of the indian penal code and 3/4 of the dowry prohibition act, who has convicted him under section 304b of the indian panel code and sentenced to undergo rigorous imprisonment for life, under section 498a and sentenced to undergo rigorous imprisonment for three years and to pay a fine of rs. 2,000 and in default to undergo further rigorous imprisonment for three months, under section 316 of the indian penal code and has sentenced him to undergo rigorous imprisonment for seven years and under section 3/4 of the dowry prohibition act and sentenced him to undergo rigorous imprisonment for six months. however, he has directed that all the sentences awarded against the petitioner shall run concurrently.2. samsad begum alias munni, the deceased, born from the wedlock of abdul salam (p.w. 1) and tahira begum (p.w. 7) resident of village milki anite, arrah town was married to appellant nizamuddin, resident of village koilwar on 7.6.1987. a son was born out of the aforesaid wedlock in the year, 1988 and at (he time of the alleged murder of the deceased was carrying a pregnancy of about 7 to 8 months.the prosecution case, in brief, is that at the time of marriage sufficient dowry was given by the father and other family members of the deceased according to their means. even after the marriage the .....
Tag this Judgment!Court : Patna
o.n. asthana, j.1. this is the criminal appeal against the judgment and order dated 21st september, 1994 passed by the sessions judge, deoghar in sessions trial no. 198 of 1992 where the learned sessions judge held all these three accused-appellants guilty for the offence punishable under section 304b of the indian penal code and awarded the sentence of ten years rigorous imprisonment.2. the informant ram prasad poddar (father of his young married daughter sudama devi) gave a long written report at the police station on 25th may, 1992 with me allegation that he married his daughter sudama devi with accused-appellant, ashok poddar in the month of asardh of the year 1991 and he gave rs. 10,000/- (ten thousand) cash and ornaments worth rs. 5,00()/- (five thousand) by way of dowry in the marriage of his daughter sudama devi and he promised to pay a balance sum of rs. 2,000/- (two thousand) to the son-in-law and his father later on. this accused-appellant, ashok poddar and vijay poddar started making a demand of wrist watch, bicycle, besides rupees two thousand. further the son-in-law ashok poddar started making a demand of rupees five thousand for starting his new business for the livelihood.3. it has been alleged further in the first information report that after some time this accused-appellant, ashok poddar came to his house and informed that sudama devi has pain in her abdomen and he came to the house of his son-in-law, where his daughter complained that she was being beaten .....
Tag this Judgment!Court : Patna
p.k. deb, j.1. the appellant is an i.a.s. officer, who has been tried for a charge under section 302/301 i.p.c. for intentionally committing murder of his wife, joyes kujur and ten of screening himself from the legal punishment by setting fire the dead body to show that she had caught fire accidentally and died of bum injury.2. the prosecution story in brief is that on 17.5.1990 at 1 a.m., the accused who was then posted at ranchi walked from his residence and rushed to lalpur police station and lodged a written report (ext. 4) stating inter alia that his wife joyes kujur died of burn injuries at 11 p.m. in the last night i.e. 16.5.1990. as per the report, on that date in the evening, the deceased joyes kujur went to her mother's residence at morhabadi and returned home at about 9 p.m. she then went to kitchen to prepare food for herself and the informant. the husband and wife alone were living in a rented house. the food was ready at 10.30 p.m. as desired by the accused when joyes kujur went to the kitchen to bring food for service to the accused then suddenly she caught fire and then came out with screams. there was no supply of electricity, at that time. the informant tried to put off the fire with the help of a blanket but joyes kujur fell down at the bed room and died. the accused raised alarm. some people came there from the neighbourhood but by that time joyes kujur died. on the basis of that report, lalpur police registered a u.d. case being lalpur p.s. u.d. case no. .....
Tag this Judgment!Court : Patna
b.p. singh and p.k. sarkar, jj.1. the appellant herein has appealed against his conviction and sentence by the 4th addl. judicial commissioner, ranchi, who found the appellant guilty of the offence under section 302 ipc and sentenced him to rigorous imprisonment for life. the appellant was charged of offences under section 302 and 304b ipc and was tried along with two others namely his mother gosan are and anr. lady mahabeen khatoon who were charged of the offence under section 302/109 ipc. the appellant is an advocate by profession and the victim was his wife sajda who is alleged to have been burnt to death by the appellant by setting her on fire at about 3 p.m. on the 4th of june, 1992. the ostensible reason for the appellant to commit the offence appears to be extra marital involvement with mahjabeen (co-accused), which was objected to by the deceased. the aforesaid mahjabeen has been acquitted of the charge levelled against her and similarly gosan ara, mother of the appellant has been acquitted of the charge of the abetting the offence of murder.2. the informant in this case was the father of the appellant, namely md. rais and it was on the basis of information given by his father that a formal first information report was drawn up and the case was registered against the appellant. the aforesaid, md. rais who was examined as p.w. , 5 supported the prosecution case against the appellant even in his statement recorded by a magistrate under section 164 cr. p.c however, at .....
Tag this Judgment!Court : Patna
loknath prasad, j.1. this appeal is directed against the judgment of conviction dated 28th march, 1995 passed by sri bal govind prasad, 3rd additional judicial commissioner, ranchi in s.t. no. 575 of 1993 through which all those appellants were found guilty under section 304b of the indian penal code and they were sentenced to undergo rigorous imprisonment for ten years each and further these appellants were also found guilty under section 498a of the indian penal code and they were sentenced to under go rigorous imprisonment for three years each and it was further ordered that both the sentences will run concurrently.2. the fact, in short, leading to the conviction of these appellants is that daughter of the informant was married with sheopujan sahu, appellant no. 3, about four years prior to the institution of the case and it has been alleged by the informant, the father of the deceased, namely, pushpa devi, that on 1.3.93, santosh sahu, the younger brother of the son-in-law of the informant, came and took bidai of his daughter, but, he was under the apprehension that his daughter will be ill-treated in her matrimonial house because her daughter case to tell about the torture by her in-laws. it has also been alleged that after 15 days, the informant had also gone to meet hex daughter and from her daughter, he could learn about the ill-treatment which was being meted to her and father the mother of the informant had gone to meet pushpa devi with some presentation, but, she .....
Tag this Judgment!Court : Patna
..... 3, 4, 5, 6 and 7 by saying patna wale ham logo ko thag diyae as such started 'revoking' accused no. .....
Tag this Judgment!