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May 01 2014 (HC)

Dr. Tandaw EinsteIn Samdarshi Vs. the State of Bihar and Others

Court : Patna

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...

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May 01 2014 (HC)

Niwas Rungta and Others Vs. the State of Bihar and Others

Court : Patna

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...

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May 01 2014 (HC)

Bhagmati Devi Vs. the Union of India

Court : Patna

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...

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Apr 30 2014 (HC)

The State of Bihar and Others Vs. Pappu Bihari @ Pappu Sah and Others

Court : Patna

Anjana Prakash, J. 1. The Appellants of Cr. Appeal 437 of 2013 and 518 of 2013 have been convicted u/s 302 IPC and sentenced to death and also under Section 394 IPC and 27 of the Arms Act and sentenced to ten years and two years respectively with a fine of Rs.5,000/- . Death Reference is in regard to the same Appellants. Criminal Appeal No. 379 of 2013 and Government Appeal 19 of 2013 have been preferred by the Informant against the acquittal of initial accused Kamlesh Jha. The said Judgment was delivered by the 1st Additional Sessions Judge, Darbhanga, in Sessions Trial 441 of 2011 on 9th April, 2013. 2. The Fard-byan of Ram Pukar Rai, P.W-3 recorded at 8.20 P.M. at the place of occurrence, i.e. Soni Fuel Petrol Pump at Nehra, P.S. Manigachhi, Distt. Darbhanga, on 27.7.2011, is that on the date of occurrence, around 6.30 to 6.45 P.M. when he was checking the Diesel on the Tanker the nephew of the owner Jai Ram Choudhary i.e. Ashwani Kr. Chaudhary (deceased) and Daya Shankar Roy (decea...

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Apr 30 2014 (HC)

Dinesh Jha and Others Vs. the State of Bihar

Court : Patna

I.A. Ansari and S.P. Singh, JJ. 1. Under challenge, in the present appeals, are the judgment of conviction, dated 24.02.2014, passed, in Sessions Trial No. 238 of 2011, by the learned Sessions Judge, Vaishali, at Hajipur, and the order of sentences, dated 28.02.2014, whereby the appellants have been convicted under Sections 304B and 201 read with Section 34 of the Indian Penal Code. 2. Consequent upon their conviction under Section 304B read with Section 34 of the Indian Penal Code, the appellants have been sentenced to undergo imprisonment for life and also suffer, for their conviction under Section 201 read with Section 34 of the Indian Penal Code, simple imprisonment for seven years and pay fine of Rs. 10,000/-(Ten thousand) each and, in default of payment of fine, undergo imprisonment for one year. Both the sentences have been directed to run concurrently. 3. These two appeals, having impugned the same judgment of conviction, dated 24.02.2014, and the order of sentences, dated 28.0...

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Apr 30 2014 (HC)

Chandrika Kurmi Vs. the State of Bihar

Court : Patna

1. Sole appellant Chandrika Kurmi has been found guilty for an offence punishable under Sections 20(c ), 22(c ) of the N.D.P.S. Act vide judgment dated 04.08.2009 and has been sentenced to undergo rigorous imprisonment for ten years as well as also fined Rs. One lac in default thereof, to undergo simple imprisonment for three years additionally, independently under both counts vide order dated 17.08.2009 by the Additional Sessions Judge-III-Cum-Special Judge, West Champaran, Bettiah in Shikarpur P. S. Case no.205 of 2002, Trial no.36 of 2002, G. R. No.2662 of 2002 has challenged the same under present appeal. 2. Manchun Prasad Singh (PW-10) filed written report disclosing therein that on 22.09.2002 at about 4.00 p.m., he received confidential information regarding assemblage of persons in the field at Sisai village for the purpose of sale-purchase of Ganja illegally, a raiding party was constituted and raid was conducted. As soon as, they had reached near school at village-Sisai, they ...

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Apr 30 2014 (HC)

Bharat Mali and Another Vs. New India Assurance Company Ltd and Anothe ...

Court : Patna

The claimants-appellants have preferred this appeal under Section 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as the Act) against the judgment and award dated 24.07.2004 and 6.08.2004 respectively passed by the Motor Accident Claims Tribunal-cum-Additional District Judge-5, Gaya in Motor Accident Claim Case No.26/98/39/98 by which the insurer-respondent nos. 1 to 3 have been directed to pay compensation of Rs.80,000/- to the claimants. However, the claimants have already received Rs.60,997/- by way of interim compensation, as such, the insurer-respondent nos. 1 to 3 have been directed to pay the balance amount of Rs.19,000/- with interest @ 6% per annum from the date of filing of the claim petition till its realization. The appellants filed the aforesaid Motor Accident Claims Case No.26/98/39/98 under Section 166 of the Act for grant of compensation to the tune of Rs.5,05,000/- due to death of their son Dipak Mali, aged about 14 years due to rash and negligent driving ...

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Apr 30 2014 (HC)

Ramkeshwar Yadav and Another Vs. the State of Bihar

Court : Patna

1. Appellant Ramkeshwar Yadav is the father of appellant Khabil Yadav. Appellant Ramkeshwar Yadav was indicted of committing offences under Section 307 read with Section 109 of the Indian Penal Code while appellant Khabil Yadav was charged with committing offence under Section 307 of the Indian Penal Code for being put on trial in Sessions Trial No. 349 of 1992. The judgment was delivered by Fast Track Court “ III, Bhojpur on 4.6.2002 and the appellants were held guilty of committing the offences they had been charged with. When it came to passing sentence upon the appellants after hearing them under Section 235 of the Cr.P.C. the court appears not passing any sentence of Ramkehswar Yadav who had been convicted for committing offence under Section 307 read with Section 109 of the Indian Penal Code and passed sentence of rigorous imprisonment for seven years only against appellant Khabil Yadav. However on account of being convicted both the appellants have appealed to this Court a...

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Apr 29 2014 (HC)

M.S. Saxena Vs. State of Bihar and Another

Court : Patna

1. Petitioner has asked for the following relief:- œThat this petition is directed for issuance of a writ in the nature of certiorari for quashing Complaint Case No. 1134 (C) 2001 and the Cognizance dated 31.07.2001 taken under Section 406/120B IPC against the respondent and other two persons named in the Complaint petition who are foreign Citizens.? 2. In spite of notice, private respondents did not chose to appear nor learned State counsel made his appearance on the date of hearing, as a result of which only the petitioner has been heard. 3. Complaint Petition No. 1134(C)/2001 was filed by Front Line Industry Private Limited through its Director (Respondent No.2) against M/S Water Guard Cable Products Private Limited, MS Saxena, Administrative Officer as well as Director of Water Guard Cable Products Private Limited, Mathew M. Freeman, President and Chief, Water Guard Cable Products Private Limited, Mr. Leon Varkaraayenburg President, Water Guard Cable Products Private Limited ...

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Apr 29 2014 (HC)

Sanjay Kumar Sinha @ Babloo and Another Vs. State of Bihar

Court : Patna

1. No one appears on repeated calls and in spite of sending words and the peon for informing the counsel whose names appear in the list, no one turned up. I have heard Sri Sujit Kumar Singh, learned Additional Public Prosecutor and have perused the record myself for delivering the judgment. 2. The two appellants were put on trial by being charged with committing offences under Sections 307 and 450 IPC and by judgment of conviction and order of sentence both dated 18.0.2.2002 they were held guilty of committing offences under Sections 307 and 448 IPC and each of them was directed to suffer rigorous imprisonment for three years as also to pay a fine of Rs.1,000/- each under Section 307 IPC and in case of making default in paying the fine, was directed further to undergo rigorous imprisonment for six months each. Each of the two appellants was also directed to suffer rigorous imprisonment for six months on account of being convicted under Section 448 IPC. 3. The two appellants have prefer...

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