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Patna Court January 2006 Judgments

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Jan 03 2006

Gajendra Narayan Singh Vs. State of Bihar and ors.

Court: Patna

Decided on: Jan-03-2006

Chandramauli Kumar Prasad, J.1. This application has been filed for quashing the decision to convene the meeting of the Panchayat Samiti on 15th of July, 2005 for considering the motion of no confidence against the petitioner, who happens to be the Pramukh of Supaul, Panchayat Samiti. During the pendency of the application such a meeting was held and a motion of no confidence has been carried out against the petitioner and the petitioner's further prayer is to quash the said resolution.2. Short facts giving rise to the present application are that the petitioner at the relevant time was working as the Pramukh of Panchayat Samiti, Supaul. Earlier a motion of no confidence was passed against him on 16.10.2003 and on a challenge being made by the petitioner in a writ application filed before this Court CWJC No. 10633 of 2003 Gajendra Narayan Singh v. State of Bihar and Ors. this Court went into its validity and by order dated 10.11.2004 found that the motion passed against the petitioner...


Jan 03 2006

Sardar Jai Singh Chawala Vs. Raksakhi Devi and ors. Etc.

Court: Patna

Decided on: Jan-03-2006

Navin Sinha, J.1. These two appeals arise out of a common judgment and orderdated 10-9-1996 passed by a single Judge in Misc. Appeals Nos. 155 of 1995, 159 of 1995, 250 of 1995 and 265 of 1995. The former two appeals have been dismissed while the latter two appeals have been only partly allowed.2. Claim Case Nos. 23 of 1988 and 26 of 1988 disposed on 16-5-1995 by the 4th Additional Claims Tribunal, Vaishali at Hajipur gave rise to the aforesaid Misc. Appeals. M. A. Nos. 155 and 159 of 1995 were filed by the owners of the vehicles in question. M. A. Nos. 250 of 1995 and 265 of 1995 were filed on behalf of the claimants seeking additional compensation.3. The Claim Case Nos. 23 and 26 of 1988 arose out of an accident on 8-5-1988 leading to the demise of two Advocates, Dwarika Prasad and Kamlesh Prasad assessed to be approximately 58 years and 30 years of age respectively. They were crushed to death by a bus bearing registration No. BPP 8182 on the northern side of the Ganga Setu bridge w...


Jan 02 2006

Mrigendra Prasad Singh Vs. State of Bihar and ors.

Court: Patna

Decided on: Jan-02-2006

Chandramauli Kr. Prasad, J.1. This application has been filed for quashing the order dated 26.2.2004, passed by the 1st Additional Sessions Judge, Patna in Sessions Trial No. 127 of 2002, whereby the prayer made by the prosecution to arraign opposite party Nos. 3 to 10 to face trial alongwith other accused persons, has been rejected. 2. Short facts giving rise to the present application are that an unidentified dead body of a lady was found within the jurisdiction of Punpun Police Station. It gave rise to registration of Punpun P.S. case no. 45 of 2001 under Section 302/201 of the Indian Penal Code. Later on the dead body was found to be that of the daughter of the petitioner and the petitioner alleged torture and harassment to her on account of demand of dowry and her death, other than in the normal circumstance. The police investigated the case and submitted charge sheet against the husband of the deceased, who was ultimately committed to the Court of Sessions. By order dated 23.9.2...


Jan 02 2006

Shriram Rai and anr. Vs. State of Bihar and ors.

Court: Patna

Decided on: Jan-02-2006

Chandramauli Kumar Prasad, J.1. This application has been filed for quashing the entire prosecution including the First Information Report lodged as Bettiah Mufassil P.S. case No. 40 of 2004 under Section 7 of the Essential Commodities Act.2. Short facts giving rise to the present application are that the District Supply Officer West Champaran, Bettiah, gave a written report to the officer-in-charge of the Bettiah Mufassil Police Station, inter alia, alleging that on 23.2.2004 two trucks bearing registration No. BR 28-9859 and BR-06-C-2622 were found infront of the godown of the State Food Corporation at Bettiah laden with 300 bags of rice each. In the report it was further alleged that the rice was brought from Gopalganj and Rohtas for black marketing. In the opinion of the District Supply Officer, instead of the rice being sold to the purchase centre by the farmers, it is being done by the middle men and consequently the farmers are not getting the benefit of the Scheme. On the basi...


Jan 02 2006

Ramji Singh and ors. Vs. State of Bihar and ors.

Court: Patna

Decided on: Jan-02-2006

Chandramauli Kr. Prasad, J. 1. This application has been filed for quashing the order dated 8-5-2003 passed by the Sub Divisional Judicial Magistrate, Patna in Digha P. S. Case No. 138 of 2000, whereby the prayer made by the petitioners for discharge has been rejected.2. Case started on the basis of a written report given by Opposite parly No. 2, Neelam Kumari Singh, hereinafter referred to as the Informant, which led to registration of Digha P.S. Case No. 138 of 2000. According to the informant, she was married to petitioner No. 3 Dhermendra Singh on 14-5-1997 according to Hindu rites. Petitioner No. 1 and petitioner No. 2 happen to be her father-in-law and mother-in-law respectively and according to the allegation prior to the marriage a sum of Rs. 80,000/- (Eighty thousand) was paid to her father-in-law and at the time of marriage ornaments and clothes worth Rs. 65,000/- (Sixty five thousand) were also given. After the marriage, according to the report, informant went to her matri...


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