Patna Court December 2006 Judgments
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Lalan Kumar Singh Vs. the State of Bihar
Court: Patna
Decided on: Dec-06-2006
Ghanshyam Prasad, J.1. Heard.2. This application under Section 482 Cr.P.C. has been filed to quash the order of cognizance dated 16.10.2006 passed by Mr. Dayalal Prasad, Judicial Magistrate, Begusarai in Complaint Case No. 1077C of 2006 thereby and thereunder the court below has taken cognizance under Section 304 of the I.P.C.3. Heard the learned counsel for the petitioner as well as opposite party No. 2.4. The petitioner is doctor and is running a clinic named and styled as Jugeshwar Kidney Hospital near Municipal Chowk, Begusarai. On 11.6.2006, the opposite party No. 2 brought his ailing father to the petitioner for treatment. After some test, the father of the complainant/opposite party No. 2 was admitted in hospital of the petitioner and was advised for operation of prostrate. On 15.6.2006, the petitioner performed operation upon father of the complainant/opposite party No. 2. Since just after the operation, several types of complication began including bleeding from urinary trac...
Krishna Prasad Sinha and anr. Vs. Vikash Singh and ors.
Court: Patna
Decided on: Dec-04-2006
Navaniti Prasad Singh, J.1. The present revision application is against the Judgment and decree passed in Title Suit No. 13 of 1995/10 of 1999 of the Subordinate Judge IV, Patna where under the learned Judge has decreed the suit in terms of Section 6 of the Specific Relief Act, 1963 (hereinafter referred to as the 'Act') and directed the petitioners, who are defendants in the Court below, to hand over the suit land to the opposite first party, who are plaintiffs in the Court below, as also for removing the blockade created by them as well as the hut over the suit land and on failure of the defendants to so hand over, the plaintiffs were entitled to get the possession through process of Court.2. The petitioners and opposite first party being defendants first party and plaintiffs respectively have appeared and have been heard.3. On 24-1-1995, the plaintiffs instituted the above suit purporting to be a suit in terms of Section 6 of the Act, inter alia, alleging that one Ram Prakash Sing...
Shail Devi Vs. the State of Bihar and ors.
Court: Patna
Decided on: Dec-04-2006
Ramesh Kumar Datta, J.1. Heard Mr. Mukeshwar Dayal, learned Counsel for the petitioner, Mr. Sanjay Kumar, learned Counsel appearing for the authorities of the District Central Co-oparative Bank, Hajipur, respondent Nos. 2 and 3 and Mr. Additional Advocate General No. III, for the State.2. The petitioner seeks a direction upon the respondents to make payment of salary due to her late husband from 1.4.1999 to 6.8.2003.3. The case of the petitioner is that her late husband, Shiv Shankar Sah was working as a Paid Manager in Primary Agriculture Credit Society (PACS), Khanjaha Chak and his last posting was in Lalganj Block. The grievance of the petitioner is that her husband was not paid salary from 1.4.1999 to 6.8.2003 without any rhyme and reason and ultimately he died in harness on 7.8.2003. The petitioner filed representation before various authorities including the Managing Director, Vaishali District Central Co-operative Bank but no action has been taken by the authorities.4. Learned ...
Rit Lal Khatway Vs. the State of Bihar
Court: Patna
Decided on: Dec-01-2006
Indu Prabha Singh, J.1. This appeal, by the sole appellant, has been filed against the judgment and order dated 16.6.1992 passed by Shri Sardar Bhagat Singh, Ist Addl. Sessions Judge, Darbhanga in S.T. No. 51/1981/21/1985 by which the appellant was convicted under Sections 193, 211 and 182 of the Indian Penal Code and is was sentenced to undergo simple imprisonment for three years, six months and three months respectively.2. It appears that the present appellant filed a written report on 9.2.1976 before Dy. S.P. alleging therein that Swaroop Khatway and nine other accused persons abducted his daughter-in-law and also committed theft of certain house hold articles. The appellant also filed a protest-cum-complaint petition before the learned Chief Judicial Magistrate which, after enquiry, was found to be false. The complaint petition was dismissed by the learned Chief Judicial Magistrate on 2.1.1978 and he filed a complaint petition against the appellant for having committed the offence...
Baidya Nath Singh @ Baijnath Singh Vs. Union of India (Uoi)
Court: Patna
Decided on: Dec-01-2006
Jayanandan Singh, J.1. Sole appellant has preferred this appeal against judgment and order dated 8.11.2004 by which he has been convicted under sections 20(b)(ii)(C) and 23(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'NDPS Act') and sentenced under each count to undergo rigorous imprisonment for fourteen years and pay a fine of Rs. 1.25 lacs, in default, to undergo R.I. for eight months. Both the sentences were ordered to run concurrently and the period of jail spent by him has been ordered to be set off against the sentence.2. Prosecution was set on motion on a written report given by one Ramesh Prasad, Customs Inspector, Motihari dated 29.1.2002. In the written report it was stated that a coded information was received at about 4.30 A.M. in the morning on 14.11.2002. On receiving the said information the raiding party led by the complainant proceeded to Bettiah side on Motihari-Bettiah road. They saw a truck bearing Registration No. BE...
Aditya Narayan Mishra Vs. the State of Bihar and ors.
Court: Patna
Decided on: Dec-01-2006
Barin Ghosh, J.1. An advertisement was published inviting applications for appointment of Junior Engineers. Petitioner responded to the said advertisement, appeared at the written examination and faced the Interview Board. At that time, another advertisement came up. Petitioner also responded to the said advertisement, appeared at the written test and also faced the Interview Board. Subsequent thereto, petitioner obtained success in respect of the application made by him against the first advertisement. Accordingly, on 16th January, 1987, petitioner joined his duties. The application of the petitioner against the second advertisement also succeeded and that also resulted in an offer of employment. It is the contention of the petitioner that he had no knowledge of such offer of employment.2. It is the contention of the State that the petitioner purported to accept the second offer of employment and gave his joining on 10th June, 1988 before the Chief Engineer and thereupon when he was ...
Jageshwar Rai Vs. the State of Bihar and ors.
Court: Patna
Decided on: Dec-01-2006
1. Heard learned Counsel for the petitioner, learned Counsel for respondent-State and learned Counsel for private respondent No. 2.2. This writ petition has been filed by the defendant in the election case for issuance of a writ of certiorari quashing order dated 09.10.2002, by which learned Munsif, Sadar, Sitamarhi, allowed the two amendment petitions filed by the election petitioner (respondent No. 2 in this Court ), in Election Case No. 06 of 2001.3. When this case was earlier taken up for hearing in the admission matter on 07.07.2004 before a learned Single Judge, learned Counsel for the petitioner placed reliance on an earlier decision of this Court in the case of Bambhola Rai v. State Election Commission, Bihar and Ors. reported in 2004 (21 P.L.J.R. 400. in which it was held that the election petitions are to be governed by the Bihar Panchayat Raj Art and the Bihar Panchavat Election Rules and the detailed procedure of Civil Procedure Code will not apply to such cases, except wi...
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