Patna Court January 2006 Judgments

Binod Kumar Srivastava Vs. Union of India (Uoi) and ors.

Court: Patna

S.K. Chattopadhyaya, J.1. In this application the only question to be considered is as to whether telephone connection of a consumer can be disconnected for the reason that a criminal case is pending against him.2. Brief facts which are not in dispute, are that the petitioner is having two telephone connections in his residence being telephone Nos. 407478 and 408478. He has another office telephone bearing No. 407082. As the telephone No. 407478 was out of order for some days, he lodged a complaint but the same was not attended to by the telephone department. On 1.9.1997 the petitioner met the Asstt. Engineer and the mechanic of the department who were making some repair works near his residence. The petitioner • requested them to attend his call and get the telephone No. 407478 repaired. Instead of attending the said telephone, it is asserted, the people of the department started abusing him and on protest the petitioner was assaulted and from his person Rs. 250/- along with a w...

Shanti Devi Vs. Basmatti Devi and ors.

Court: Patna

M.L. Visa, J.1. This appeal was listed for hearing under Order 41, Rule 11 of the Code of Civil Procedure, 1908 when it was heard for final disposal of the appeal at that stage because on 28.10.2002, when learned Counsel for appellant relying on judgment of a Division Bench of this Court submitted that the impugned order is bad in law, notices to respondents were ordered to be issued but none of the respondents appeared in spite of valid service of notices on them and the appeal is finally disposed of by this order.Appellant has challenged the order dated 24.4.2001 passed by the First Additional Motor Accidents Claims Tribunal, Purnea in Claim Case No. 52 of 1997 allowing the petition filed by respondent Nos. 1 and 2 under Section 140 of the Motor Vehicles Act and directing the appellant to pay a sum of Rs. 50,000 as interim compensation to the claimants.2. The brief facts of the case are that deceased Bablu Chauhan, son of respondent Nos. 1 and 2 was a khalasi on appellant's truck b...

Subhan Mian and ors. Vs. State of Bihar and anr.

Court: Patna

Rekha Kumari, J.1. This is an application filed under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the Code) for quashing the order dated 17-12-2004 passed by the 4th Additional Sessions Judge, Motihari in Criminal Revision No. 206 of 2004/121 of 2004 by which he has affirmed the order dated 30-6-2004 passed by the learned Sub-Divisional Judicial Magistrate, Rcxaul at Motihari in Ramgarnwe P.S. Case No. 100/2003 taking cognizance against the petitioner for the offences under Sections 420 and 406/34 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act and directed issuance of summons against them. 2. Learned Counsel for the petitioners submitted that the present case is nothing but a bundle of false facts. It is well known to all that in marriages in Muslim families there is no question of demand of any dowry rather Dain Mehar is promised to be paid, he files false cases. In the marriage of his sister and elder daughter also he did th...

Kumar Vivek and ors. Vs. Smt. Binda Devi and ors.

Court: Patna

1. Since, with the consent of both the parties, this appeal was heard for its final disposal along with IA No. 5465 of 2005 when it was listed under the heading 'For Hearing under Order 41, Rule 11 of Code of Civil Procedure (In short 'C.P.C.'), this appeal is disposed of finally by this order.2. Appellants/defendants have filed this appeal for setting aside order dated 20-1-2005 passed by Sub Judge XII, Patna in Title (Partition) Suit No. 586 of 2002 appointing a receiver in respect of 5/9th share of suit properties and directing the receiver to furnish security with regard to account which he will receive in respect of 5/9th share of suit properties, submit his account in the last of every month, to receive remuneration of 10% of the amount received from 5/9th share of suit property and to deposit balance amount in Court which will remain deposited till the decision of the suit.3. Brief facts of the case are that respondents/plaintiffs have filed Title (Partition) Suit No. 586 of 20...

Manan Singh and ors. Vs. Mostt. Lal Badan and ors.

Court: Patna

Syed Md. Mahfooz Alam, J.1. This second appeal has been preferred by the plaintiffs-appellants against the judgment and decree dated 5-10-1985 passed in Title Appeal No. 130 of 1978/6 of 1985 by Sri P. Xaxa, Ist Additional District Judge, Siwan Whereby he has been pleased to confirm the judgment and decree dated 21-6-1978 passed by Sri Muhdrika Prasad, 6th Additional Subordinate Judge, Siwan in Title Suit No. 217 of 1973/31 of 1978 dismissing the suit of the plaintiffs-appellants. 2. The case of the plaintiffs-appellants, as per the plaint, in brief, is that the disputed land-described at the foot of the plaint is the agricultural, land of the plaintiffs which the plaintiffs had acquired from defendant No. 5 Bacha Prasad by virtue of three sale deeds executed on 22-6-1968 for valuable consideration of Rs. 5,000/- and since the date of purchase the plaintiffs have been coming in possession of the suit land. Further case is that the defendant Nos. 1 to 4 have no interest in the suit pro...

Shruti Enterprises Ltd. Vs. State of Bihar and ors.

Court: Patna

Rekha Kumari, J.1. This is an application under Section 482 of the Code of Criminal Procedure for quashing the order dated 21 -1-2002 passed by Sri S.K. Mishra, Addl. Sessions Judge XII, Patna in Cri. Revision No. 907 of 2001 by which he has allowed the revision application of O.P. Nos. 2 and 3 and set aside the order dated 1-8-2001 passed by Sri D.N, Pandey, Judicial Magistrate, 1st Class, Patna in Complaint Case No. 1670(c)/2000, Tr. No. 810/2001 under which the learned Magistrate had taken cognisance under Section 420/34 of the Indian Penal Code and summoned O.P. Nos. 2 and 3 to stand trial.2. Heard.3. It appears that the petitioner had filed a complaint against O.P. Nos. 2 and 3 (accused) and their company alleging therein that O.P. No. 2 Tripurari Prasad is Managing Director of M/s. Bihar Drugs and Chemical Limited and O.P. No. 3 Daya Prasad is his brother and an employee is the Company. Both of them induced him (petitioner) to become the consignee agent of the Company for South ...

Kunti Devi and ors. Vs. State of Bihar and anr.

Court: Patna

Reported in: 2006CriLJ1482

1. This is an application for quashing the entire proceeding including the order dated 12-8-2004 passed by the S.D.J.M., Bihar Sharif taking cognizance against the petitioners under Section 307, 323 and 304 of the Indian Penal Code in Complaint Case No. 539 (C) of 2003.2. The submissions of the learned Counsel for quashing the order are two fold. His first submission is that the perusal of the entire complaint petition would show that there is no ingredient of Sections 307 and 504 of the Indian Penal Code. He further submitted that the order, taking cognizance in the case, is bad for lack of territorial jurisdiction. In support of his submissions, he referred to Sections 177 and 182 of the Code of Criminal Procedure.3. Learned A.P.P. appearing for the State opposed the submissions and referred to Sections 460 and 462 of the Code of Criminal Procedure and submitted that the filing of a case in the district where no part of occurrence has taken place is an irregularity and would not vit...

Bhagwat Mahto Vs. Satya Narayan Prasad

Court: Patna

J.N. Bhatt, C.J.1. In this appeal under Order XLIII Rule 1(r) of the Code of Civil Procedure (In short 'the Code'), the challenge is against the order of the trial Court, the Court of Sub Judge VII, Patna, dated 8-3-2002 passed in T.S. No. 267 of 2000, whereby, interlocutory relief, in form of injunction, restraining the appellant original defendants from disposing of the suit properties, came to be granted.2. The appellants are the original defendants against whom respondent-plaintiff filed a suit. During the pendency of the suit, the plaintiff sought interlocutory relief, in terms of injunction against the appellants-original defendants so that the suit properties may not get lost or transferred or alienated, pending the suit. An application for grant of injunction, therefore, was submitted, which was opposed and challenged by the appellants original defendants.3. The trial Court, upon consideration of the facts and circumstances, reached to the conclusion that there is a prima fac...

Ramjee Prasad Singh Vs. in the High Court of Judicature at Patna and o ...

Court: Patna

S.K. Katriar, J.1. Heard Mr. Chandrashekhar for the petitioner, and Dr. Sada land Jha for the Patna High Court.2. According to the writ petition, the petitioner had joined the Patna High Court as a lower division assistant or 22.12.1960. He was promoted to the post of Administrative Officer, and thereafter to the post of Assistant Registrar with effect from 31.11.1956. It is further stated in the writ petition that one post of Deputy Registrar fell vacant with effect from 1.1.1998 and the petitioner was directed to act in that capacity. He did act in that capacity with effect from 1.1.1998 as per the charge report of one Ram Awatar Singh, the out-going Deputy Registrar (Establishment), on account of his superannuation with effect from 31.12.1997. A copy of the same is to be Found in the original record placed before me. The petitioner was substantively promoted to the post of Deputy Registrar (Establishment) by order dated 16.10.1998 (Annexure-2). The petitioner submits that in view o...

Union of India (Uoi) and ors. Vs. Sri Sahab Dayal and anr.

Court: Patna

J.N. Bhatt, C.J.1. By this petition the Union of India has assailed the legality and validity of the impugned order of the Central Administrative Tribunal, Patna Bench, Patna rendered in T.A. No. 6 of 1997, recorded, on January 7, 2005, interalia, quashing the order of dismissal from service by the appellant which came to be made pursuant to the result of the domestic enquiry against the respondent-original petitioner, who was working as an Assistant Foreman and later on promoted to the post of Scientific Assistant 'C' Grade in the year 1974 and while he was discharging his duty in the Reactor Operation to handle heavy water to be used for Atomic Power in Heavy Water Plant at Kota, there was an incident, which is the foundation stone of the entire litigation, which has led to this writ petition. The original petitioner, respondent herein, came to be charge-sheeted on the basis of an incident which occurred on July 22, 1975, upon an allegation to have taken 'Heavy Water.' An Enquiry O...