Patna Court December 2006 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
Diwakar Prasad Sinha Vs. State of Bihar and ors.
Court: Patna
Decided on: Dec-18-2006
Ramesh Kumar Datta, J.1. I.A. No. 3111 of 2005 has been filed by the petitioner for amending the writ application in order to challenge the office order No. 143 dated 17.6.2005 (Annexur-9) by which His Excellency the Governor of Bihar has been pleased to dismiss the appeal of the petitioner against the impugned order of punishment dated 11.09.2003 (Annexure-1) during the pendency of the writ application.2. The above order being in continuation of the departmental proceeding at the appellate stage the prayer for amendment is allowed and I. A. No. 3111 of 2005 is accordingly disposed of.3. Heard Mr. Ashok Kumar Choudhary, learned counsel appearing for the petitioner and learned J.C. to Government Advocate No. 5, for the state.4. The petitioner has filed this application for quashing the order as contained in Government resolution No. 5586 dated 11.9.2003 (Annexure-1) by which has been awarded punishment of Censure to be entered in his character roll for the year 1994-95 and further the ...
Ramashray Singh and ors. Vs. Balmiki Pd. Singh and ors.
Court: Patna
Decided on: Dec-18-2006
Barin Ghosh and Madhavendra Saran, JJ.1. A suit for specific performance of a contract for sale of an immovable property was decreed by the trial court. The appeal against such decree having been dismissed, the present Letters Patent Appeal has been filed.2. The widow of Shyam Bihari Singh, Mostt. Mahtab Kuer, succeeded him as his sole heir and legal representative and accordingly, became owner of the properties left by Shyam Bihari Singh. The defendants in the suit were the heirs and legal representatives of the brother of Shyam Bihari Singh, late Banwari Singh. Mostt. Mahtab Kuer executed a deed of mortgage in October, 1973 and thereby mortgaged a part of her properties. On 3.11.1973 the subject agreement, specific performance whereof had been sought for, was executed by the Mostt. Mahtab Kuer agreeing to sell two bighas 9 kathas and 11 dhurs of land for a consideration of Rs. 20,000/- in respect whereof a sum of Rs. 15,000/- was paid to her and was accepted by her. The balance amo...
The Oriental Insurance Company Vs. Raja Ram Dhobi and ors.
Court: Patna
Decided on: Dec-15-2006
Syed Md. Mahfooz Alam, J.1. This miscellaneous appeal has been filed by the appellant for setting aside/ modifying the judgment dated 11.8.1998 and award dated 31.8.1998 passed by Sri Subhash Kumar Singh, 10th Additional District Judge cum - Motor Vehicle Accident Claims Tribunal (in short, 'the Tribunal') in M.V. Claim Case No. 52 of 1993 whereby and whereunder the Tribunal has awarded compensation of Rs. 1,45,636/- to the respondents - first set (applicants) for the death of one Ram Ekbal Ram @ Ram Ekbal Dhobi caused in a motor vehicle accident on 20.7.1993.2. The brief facts of the case are as follows:On 20.7.199 3 at 2.00 P.M. one Chowkidar Shyam Lal Ram, son of late Chander Ram of village Lalganj, P.S. Sasaram Muffasil, District Rohtas gave fardbeyan before Jamadar of Sasaram Muffasil Police Station to the effect that on the same day he was coming to Sasaram Police Station from his village and when he reached near Arya Vidyalaya, he saw a bus bearing registration No. BR 3 / 4343 ...
Madan Prasad Singh Vs. the State of Bihar and anr.
Court: Patna
Decided on: Dec-15-2006
Abhijit Sinha, J.1. This application under Section 482 of the Code of Criminal Procedure at the instance of one Madan Prasad Singh, erstwhile Officer-in-Charge of Madhuyan Police Station and presently posted in the same capacity at the Lakhaura Police Station is directed against the order dated 27.04.2005 passed by the learned Sub-Divisional Judicial Magistrate, Sikrahna at Motihari in complaint Case No. C2/05 whereby he has taken cognizance of the alleged commission of offence under Section 323 of the Indian Penal Code and has summoned him.2. The fact of the case lies within a narrow compass and may be noticed with relevant brevity. It is said that during ensuing Bihar Assembly Election, 2005 a general direction followed to all police stations including Madhuban Police station to arrest the Warranties/absconders and criminals in pursuance of the orders of the court and to collect information about terrorists so that peaceful and impartial election could take place in the State. It i...
Nesar Ahmad @ Nasser and ors. Vs. the State of Bihar and anr.
Court: Patna
Decided on: Dec-14-2006
Abhijit Sinha, J.1. Through this application the petitioners herein have prayed for quashing of the order dated 15.09.2006 passed by the learned Presiding Judge, F.T.C. No. 3 Muzaffarpur in Sessions Trial No. 303/2000 whereby he has allowed the petitions dated 5.3.2003 and 14.9.200 6 filed by the prosecution permitting them to get the documents proved and marked as Exts.2. The grievance of the petitioners is that after 26 witnesses on behalf of the prosecution and three witnesses on behalf of the defence had been examined and the case had been fixed for argument on 4.9.2006, the Special p.p. on behalf of the prosecution instead of starting argument filed a petition under Section 311 of Cr.P.C. only for the purpose of vexation or for causing delay prayed for adducing a document which had been filed but had not been exhibitted as Ext. It was submitted in this connection that the document which the prosecution wanted to bring on record at the stage of argument had never been introduced ...
Alok Kumar Gupta Vs. the State of Bihar and anr.
Court: Patna
Decided on: Dec-13-2006
Abhijit Sinha, J.1. This application under Section 482 of Cr.P.C. is directed against the order dated 10.09.2003 passed by Sri K. Lal, learned Judicial Magistrate, Ist Class, sherghati (Gaya) in complaint Case No. 95/03 whereby he has taken cognizance of the offences under Sections 379, 323 and 504 of the I.P.C. and directed for issuance of summons.2. Complainant Mahendra Mishra filed the aforesaid complaint stating, inter alia, that he had purchased a truck bearing Registration No. BR-l6G-5l5l from M/S Tewari Bechar which was financed by M/S Paragon Finance Ltd., Kokar, Ranchi, in pursuance of an agreement prepared between the parties. It has been stated that the complainant had paid a total sum of Rs. 5,33,636/- through instalments to M/s Paragon Finance Ltd. and a further sum of Rs. 1,66, 642/-to M/s Tewari Bechar. It is alleged that at about 4 P.M. on 12.03.2003, while the said truck was enroute to Bihta from Jamshedpur, carrying scraps and had reached near Dobhi, Alok Kumar Gupta...
Uma Shankar Singh @ Shivji Singh and ors. Vs. the State of Bihar and a ...
Court: Patna
Decided on: Dec-13-2006
Ghanshyam Prasad, J.1. Heard.2. This application under Section 482 Cr.P.C. has been filed to quash the order of cognizance dated 22.3.2005 passed by Shri Ram Surat, Judicial Magistrate Ist Class, Chapra in Complaint Case No.C-784 of 2004 thereby and thereunder the learned Magistrate has taken cognizance under Section 498(A) I.P.C. and Section 3 and 4 of Dowry Prohibition Act against the petitioners.3. Opposite party No. 2 Chandra Dev Singh is the father of the deceased Kevanti Devi. She was married with petitioner No. 3, Devraj Singh. She died on 18.1.2000 as a result of poisoning. On the basis of her statement recorded by the police in Emergency Ward of Sadar Hospital, Chapra, the police registered case under Section 306 I.P.C. only against the petitioner No. 1 bearing Bhagwan Bazar P.S. CAse No. 6 of 2000. The police after investigation submitted chargesheet under Section 306 I.P.C.4. A few days after the police case, the opposite party No. 2 filed a separate complaint case before t...
Munna Sah and anr. Vs. Shankarjee Prasad and anr.
Court: Patna
Decided on: Dec-13-2006
S.K. Katriar, J.1. The defendants are the appellants against the judgment of affirmance arising out of an eviction suit. The suit was instituted for eviction of the defendants from the suit premises which was allowed by the judgment and decree dated 31.8.1995, passed by the learned 3rd Munsif, Arrah, in Eviction Suit No. 259 of 1992 (Shankarjee Prasad and Ors. v. Munna Sah and Ors.), on the ground of personal necessity. The defendants' appeal has been dismissed by the impugned judgment and decree dated 15.2.2003, passed by the learned 5th Additional District Judge, Bhojpur, Arrah, in Title Appeal No. 60 of 1995 (Munna Sah v. Shankar Jee Prasad and Anr.), whereby he has held that the appeal is not maintainable in law for the reason that the defendants' remedy lay in terms of Section 14(8) of the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1982 (hereinafter referred to as 'the Act'). Hence this appeal at the instance of the defendants. We shall go by the description of the p...
Bindu Kumari and ors. Vs. State of Bihar and ors.
Court: Patna
Decided on: Dec-12-2006
Ramesh Kumar Datta, J.1. Heard Mr. Rajendra Prasad Singh learned Senior counsel appearing for the petitioners and learned Additional Advocate General No. 3, for the State.2. The petitioners have approached this Court for various reliefs which, in fact, go to the extent of recognition of Arajkiya Khwaja Shahid Hussain Primary Teachers Training College. Nista. Katihar, which however, would be beyond the purview of the reliefs that they can seek since they were students of the college who had passed out from the same.3. However during the course of hearing learned counsel for the petitioners confined his submission with respect to the reliefs that the examination pertaining to the academic sessions 1985-87 and 1986-88 in which these four petitioners had appeared and the results of which were also published and the marksheets were also issued, should be treated as genuine and as having been published by the authorities empowered under the law and the respondent-authorities making recruitm...
Sundar Lal Vs. the State of Bihar and ors.
Court: Patna
Decided on: Dec-12-2006
V.N. Sinha, J.1. Heard learned counsel for the petitioner and the State and perused the counter affidavit, duly affirmed by the Additional Collector, Muzaffarpur.2. Petitioner had applied for selection on a Class-III post, advertised by the Bihar Public Service Commission in the year 1998. Recommendations dated 16.1.2003 were made recommending 87 candidates for appointment against 106 advertised posts. Petitioner is one of the recommended candidate under Scheduled Caste Category. He has been refused appointment on the ground that he is resident of Jharkhand State, as is evident from the minutes of the District Establishment Committee dated 28.3.2005, Annexure-B to the counter affidavit and in compliance of those minutes, even a formal order has been communicated to the petitioner under letter No. 515 dated 8.6.2005, Annexure-7 to the Interlocutory Application No. 2568 of 2006. It further appears from the minutes of the District Establishment Committee dated 28.3.2005, Annexure-B to th...
- ‹ Prev
- 1
- 3
- 4
- Next ›
- Last »