Patna Court December 2004 Judgments
Sheo Narayan Mandal Vs. Mangal Sah and ors.
Court: Patna
Decided on: Dec-21-2004
S.N. Hussain, J.1. Heard learned counsel for the parties.2. The petitioner is plaintiff in Title Suit No. 85/1983 which had been filed for declaration of his right and confirmation of possession with respect to the suit property and also for an adjudication that the judgment and decree of Title Suit No. 10/1972 passed by the Additional Munsif, Bhagalpur, was illegal and obtained by fraud played upon the defendants and for injunction etc.3. The petitioner is aggrieved by order dated 24.4.2003 passed in Title Suit No. 85/1983 by which the learned Munsif-I, Bhagalpur, allowed the petitioner filed by Defendant No. 1 (O.P. No. 1) under Order XIV, Rule 2(2) of the Code of Civil Procedure (hereinafter referred to as 'the Code') holding that the suit was not maintainable and was barred by the principle of res-judicata as earlier Title Suit No. 10/1972, which was between the same parties and for the same properties, had been decreed.4. The learned counsel for the plaintiff-petitioner contends ...
Tag this Judgment!Hari Shankar Shah Vs. State of Bihar and ors.
Court: Patna
Decided on: Dec-20-2004
M.L. Visa, J.1. Heard learned Counsel appearing on behalf of the petitioner opposite party No. 2 and the learned A.P.P.2. The petitioner has filed this application for transferring the Maintenance Case No. 185(M) of 2002 filed by opposite party No. 2, father of the petition, against the petitioner under Section 125 of the Code of Criminal Procedure (for short 'Cr.P.C.') pending in the Court of Sub-Divisional Judicial Magistrate, Bhojpur at Ara to any other Court to competent jurisdiction at Patna.3. The case of the petitioner is that his father, opposite party No. 2 has filed a maintenance case against him in the Court of Chief Judicial Magistrate, Bhojpur at Ara under Section 125, Cr.P.C. which was numbered as 185 (M) of 2002 and which has been transferred to the Court of Sub-Divisional Judicial Magistrate, Bhojpur at Ara for disposal. According to the petitioner, he is a State Government employee and has been posted at Patna for several years where he is residing and the maintenance...
Tag this Judgment!Jagdish Sah Vs. Smt. Kushma Devi and ors.
Court: Patna
Decided on: Dec-20-2004
S.N. Hussain, J.1. Learned counsel for the petitioner submits that O.P. No. 14 Thakur Prasad died on 6.12.2004 and his heirs are already on record as O.P. Nos. 1,15 and 16 and hence he prays that the name of O.P. No. 14 be expunged. The learned counsel for the opposite parties does not object. Hence, the prayer of the learned counsel for the petitioner is allowed and the name of O.P. No. 14 is directed to be expunged.2. Heard learned counsel for the parties, in admission matter. The petitioner is a defendant in Title Suit No. 66/1999 which was filed by O.P. No. 1 for declaration of title and confirmation of possession over the suit land and also for permanent injunction etc.3. The petitioner is aggrieved by order dated 30.9.2003 passed in the aforesaid suit by-which the learned Sub-Judge-lll, Begusarai, rejected his petition which was for deciding the preliminary issue that the suit was barred by the principle of res judicata.4. The learned counsel for the petitioner submits that the ...
Tag this Judgment!Umendra Tiwary Vs. State of Bihar and ors.
Court: Patna
Decided on: Dec-17-2004
Narayan Roy, J. 1. Heard counsel for the parties.2. The petitioner has prayed for issuance of a writ of certiorari quashing the order, as contained in annexure 4 dated 12.9.1998, whereby and whereunder the Sub-divisional Officer has directed that the petitioner does not come within the purview of consideration for the post of Chowkidar, as he is son-in-law of ex-chowkidar/Dafadar, who had nominated him. A further prayer has also been made to issue direction upon the respondents to regularise his services on the post of chowkidar.3. According to the case of the petitioner, it appears that he was nominated by one Vyas Pandey, who is father-in-law of the petitioner, to work at his place as chowkidar in the year 1990. The petitioner after his nomination was allowed to continue on the post of chowkidar on ad hoc basis till 1997 and, ultimately, by order, as contained in annexure 4, he has been excluded from the zone of consideration for regular appointment on the post of chowkidar.4. It is...
Tag this Judgment!Syed Mohammad Jawaid Eqbal and ors. Vs. State of Bihar and ors.
Court: Patna
Decided on: Dec-17-2004
Ram Nandan Prasad, J.1. In both the writ petitions similar questions are involved. They have been heard together and are being disposed of by this common judgment.2. The petitioner in CWJC No. 2339 of 2002 is a Demonstrator in Millat College, Darbhanga a constituent college under Lalit Narayan Mithila University Darbhanga, he was elected Ward Councillor in 1986 and again in 1992 in of Darbhanga Municipal Corporation and was working as Deputy Mayor since 1992. He was intending to contest election to the Darbhanga Municipal Corporation. Petitioner No. 1 in CWJC No. 2437 of 2002 is an Advocate practicing in Patna High Court and petitioner No. 2 is engaged in service in the R.B. College, Dalsingsarai, a constituent college, under the Lalit Narayan Mithila University, Darbhanga and is also a social worker. He is interested in development of the society and was also intending candidate of Ward Commissioner of Nagar Panchayat, Dalsingsarai. They have approached this Court for declaration tha...
Tag this Judgment!Sri Ambika Prasad Ram Vs. State of Bihar and ors.
Court: Patna
Decided on: Dec-17-2004
Narayan Roy, J. 1. Heard counsel for the parties.2. This application is directed against the order, as contained in memo No. 313 dated 9.6.1999, contained in annexure 3, whereby and whereunder claim of the petitioner for grant of first time bound and second time bound promotion has been rejected.3. It appears that the petitioner was appointed as an assistant in Bhagalpur Collectorate and he superannuated with effect from 31.1.1998.4. Now a grievance has been made by the petitioner that he was not given any promotion during his service tenure, whereas he was entitled for grant of first time bound and second time bound promotion after lapse of 20 years from his appointment, but the authorities did not grant him even time bound promotion.5. it appears that the petitioner earlier had come to this Court for the same self grievance in CWJC No. 13081 of 1996. The writ application aforesaid was disposed of on 30th November, 1998 vide order, as contained in annexure 1 holding that in view of t...
Tag this Judgment!Ram Yash Rai Vs. State of Bihar and ors.
Court: Patna
Decided on: Dec-16-2004
R.S. Garg, J.1. Heard learned counsel for the parties.2. The petitioner retired as an accounts clerk from the Minor Irrigation Department. It is the case of the petitioner that he joined his services on 24.1.1962. During his tenure, he was not given any promotion and he was allowed to retire on 13.11.1996. Vide Annexure-3 letter dated 3.4.1998 contained in memo No. 571 issued by the office of the Chief Engineer, Minor Irrigation Department, Patna, it was observed that he would be entitled to first time-bound promotion with effect from 1.4.1981 and second time-bound promotion with effect from 24.1.1987. According to the petitioner, the respondents are obliged to re-calculate everything and fix him in proper pay-scale and make the payment of the pension and other retiral benefits in accordance with those two time-bound promotions.3. The respondents in their counter affidavit have submitted that a clerk in the accounts section was obliged to pass the accounts examination and as the petit...
Tag this Judgment!Dasrath Singh and ors. Vs. the State of Bihar
Court: Patna
Decided on: Dec-16-2004
1. Aggrieved by the same judgment and order dated 21 -9-2001 passed by 2nd Additional Sessions Judge, Nawadah, in Sessions Trial Nos. 198 of 2000/88 of 2000 convicting and sentencing the appellants to undergo R.I. for life under Section 302/34 of the Indian Penal Code (in short, IPC), appellants Dasrath Singh, Laxmi Devi alias Siya Devi and Sato alias Satya Narayan Singh have preferred Cr. Appeal No. 523 of 2001 and appellant Raja Ram Singh (sic) Cr. Appeal No. 74 of 2002 which are being disposed of by this common judgment.2. Briefly stated, case of prosecution is that deceased-Babita Devi, second daughter of informant Chinta Devi (PW-4) 4 years prior to 1-4-2000 was married to appellant Raja Ram Singh of Village Kasba Pachrukhi, District - Nawadah according to Hindu Rites. After the marriage deceased had told the informant that her husband was having illicit relationship with some other girl and informant then discussed this matter with her 'Samdhi' appellant-Dasrath Singh who assure...
Tag this Judgment!Vidya Dhar Pandey and ors. Vs. Most. Apnoha Kuer and ors.
Court: Patna
Decided on: Dec-16-2004
S.N. Hussain, J. 1. Heard learned counsel for the parties.2. The petitioners have been substituted in place of the sole plaintiff Sanjhari Kuer (who died on 28.5.2000) on the basis of the petition filed by Defendant No. 7 vide order dated 5.1.2002 passed in Title Suit No. 46/1972 (87/1973) which was filed by the deceased sole plaintiff for partition of the suit property in which a preliminary decree of partition had already been prepared and the matter was pending for preparation of the final decree.3. the petitioners are aggrieved by order dated 3.10.2002 passed in the aforesaid suit by which the learned Sub-Judge-1, Bhabua, allowed the petition filed by O.P. No. 1 under the provision of Order XXII Rule 5, CPC and stayed the operation of order dated 5.1.2002 till the disposal of the enquiry for determining the legal representative of the deceased sole plaintiff.4. The short fact of the case is that during the preparation of final decree the sole original plaintiff Sanjhari Kuer died ...
Tag this Judgment!State of Bihar and ors. Vs. the Chairman, Vidyalaya Sewa Board and ors ...
Court: Patna
Decided on: Dec-16-2004
Nagendra Rai, A.C.J. and S.N. Hussain, J.1. All the eight appeals are barred by limitation.2. Having heard learned counsel for the parties and taking into consideration the averments made in the limitation petitions, we find that sufficient cause has been shown for condonation of the delay. Accordingly, the delay in filing the appeals is condoned and the limitation petitions, thus, stand allowed.3.. Four appeals bearing L.P.A. Nos. 439, 445, 446, and 447, all of 2001 arise out of C.W.J.C. Nos. 7732, 2294, 8926 and 9259, all of 2000, which related to appointment of Biology Teachers in the Secondary Schools in the State of Bihar. The learned Single Judge by order dated 15.2.2001 has disposed of those writ applications and directed the State to consider the cases of the appellants both in the unreserved and reserved categories, i.e. 50% of the posts against the existing vacancies, both in the Secondly and Project Schools and its was further directed that the whole exercise was to be comp...
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