Patna Court March 2006 Judgments
Smt. Ganesh Kumari Devi Vs. Smt. Sarojni Devi and ors.
Court: Patna
Decided on: Mar-31-2006
Navaniti Prasad Singh, J.1. The present two revision applications are directed against the order of the trial Court by which the trial Court has refused to recall the order substituting the opposite party Nos. 1, 2 and 3 in place of plaintiff Hari Singh and further refused to substitute the intervenor-defendant, petitioner before this Court, who happens to be the lawfully wedded wife of late Hari Singh. Facts for the relevant purpose have fortunately been settled by this Court on earlier occasion. The deceased-plaintiff (Hari Singh) had earlier initiated a divorce proceeding against his wife Smt. Ganesh Kumari Devi, the present petitioner. The petitioner was rejected by the District Judge, Patna and the said order was not interfered by this Court in FA No. 108 of 1983, which was dismissed on 16th May, 1985. In the said First Appeal, apart from the fact that relationship of husband and wife stood admitted, it was found that one Sarojni Devi (Opposite Party No. 1 in these revision appli...
Tag this Judgment!Surya Nath Singh and ors. Vs. State of Bihar and ors.
Court: Patna
Decided on: Mar-30-2006
Navaniti Prasad Singh, J.1. These two writ petitions are filed by eight people (five in C.W.J.C. No. 11211 of 2003 and three in C.W.J.C. No. 11667 of 2003) who joined the State Police Force as Steno Sub-Inspector/Steno Assistant Sub-Inspector. The recruitment of Steno Sub-Inspector, Steno Assistant Sub-Inspector and Typist Assistant Sub-Inspector is made in terms of the provisions contained in Appendix 42 of the Bihar Police Manual. Paragraph 5 of the Appendix provides that after serving as Stenographer for a period of 5-years, a Steno Sub-Inspector/Steno Assistant Sub-Inspector would 'ordinarily' revert to district work, generally taken as the main line of the police force. Previously, on 'reversion' to the main line, the seniority of a Steno Sub-Inspector/ Steno Assistant Sub-Inspector used to be reckoned there on the basis of the date of his joining the original post. Relevant to this was paragraph 7 of Police Order No. 260 of 1997 that contained a stipulation to that effect. By o...
Tag this Judgment!Shivdani Singh @ Sheo Dani Singh and ors. Vs. Guljar Singh and ors.
Court: Patna
Decided on: Mar-30-2006
Navaniti Prasad Singh, J.1. This is an application by the plaintiff-petitioners being aggrieved by the impugned order 12.10.2004 passed by the learned Sub Judge-III, Aurangabad in a partition suit, By the impuqned order the learned trial court has accepted the written statement of the intervenor-defendants to the said partition suit by recallinq his earlier order by which he had debarred the said intervenor-defendants from filinq their written statement,2. Mr. Shashi Shekhar Dwivedi, learned senior counsel for the plaintiffs-petitioners urged that in view of provision of Order VIII Rule 1 C.P.C., as amended in 2002, the written statement could not be accepted. On the other-hand, appearinq for the intervenor-defendants learned senior counsel has cited recent decisions of the apex court, namely, Kailash v. Nanhku and Ors. : AIR2005SC2441 , 2006(1) PLJR 154(SC), Mr. Shaikh Haji Abdul Khavumsab v. Mr. Kumar and Ors. as also a recent judgment of this court reported In : AIR2005Pat136 (Smt...
Tag this Judgment!Abhay Stone Works, Proprietor Krishndeo Singh and ors. Vs. State of Bi ...
Court: Patna
Decided on: Mar-30-2006
Navaniti Prasad Singh, J.1. These five analogous writ petitions raise common issues and seek similar reliefs. All these cases were, therefore, heard together and are disposed of by this order.2. The petitioners in all the cases question the validity of Clauses (a) and (d) of sub-Rule (1) of Rule 7 of the Bihar Minerals (Prevention of Illegal Mining, Transportation & Storage) Rules, 2003 and contend that the impugned provisions are ultra vires Section 23C of the Mines & Minerals (Development & Regulation) Act, 1957 under which those were framed.3. Clause (a) of Sub-rule (1) of Rule 7 provides that the number of stone crushers in a particular area/district shall be determined on the basis of the total production of stone minerals taking into account the number of leases and their capacities for extraction. Clause (d) of Sub-rule (1) of Rule 7 lays down that the grant of stone stockist licence (needed for running a stone crusher) shall be granted to the highest bidder/tenderer on the bas...
Tag this Judgment!Md. Wasim and ors. Vs. the State of Bihar
Court: Patna
Decided on: Mar-28-2006
Rekha Kumari, J.1. Heard.2. This is application filed under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the Code) for quashing the order dated 16.3.2005 passed by Sri S.K. Shukla, Judicial Magistrate, Bettiah in Tr. Case No. 4667 of 2004, G.R. No. 3020 of 2002 by which he has ordered for framing of charges under Sections 498A and 406 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act against the petitioners.3. It appears that one Shahzadi Begum, wife of petitioner No. 1 filed a petition of complaint against the petitioners before the Chief Judicial Magistrate, Bettiah for taking action under Section 498A and 406 of the Indian Penal Code. The complaint was sent to the police station for institution of case and for investigation. The police after completing investigation submitted chargesheet against the petitioners under Sections 498A and 406 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act. Then the informant ...
Tag this Judgment!Jai Chand Singh Vs. the State of Bihar Through Collector
Court: Patna
Decided on: Mar-28-2006
Syed Md. Mahfooz Alam, J.1. This First Appeal has been preferred against the judgment and decree dated 20.3.1978 passed by Sri Bageshwari Prasad, Sub-Ordinate Judge, Jamui, in Land Acquisition Case No. 10 of 1977 whereby the learned Sub-Ordinate Judge has been pleased to dismiss the reference under Section 18 of the Land Acquisition Act (hereinafter to be referred as 'Act') filed by appellant Jai Chand Singh for revision of the award on the ground of inadequate compensation.2. The brief facts of the case are as follows:4.06 acres of land belonging to the appellant Jai Chand Singh situated in Mauza Barhat was acquired by the Land Acqusition Officer as per Declaration No. 4R dated 27.5.1975 published at page 119 Part II of Bihar Gazette dated 16.6.1975. The lands were acquired in connection with Kukurjhap Irrigation Scheme, In the proceeding of land acquisition, award was given and under Section 11 of Act, the Collector fixed compensation in the following manner:For land ..................
Tag this Judgment!Deeraj Kumar Vs. the State of Bihar
Court: Patna
Decided on: Mar-28-2006
Chandramauli Kr. Prasad, J.1. This application has been filed for quashing the order dated 31.8.2005 passed by the Judicial Magistrate, Ist Class, Samastipur, in G.R No. 66l/94(Tr.No .468/2005) whereby the application filed by the petitioner for discharge has been rejected.2. According to the prosecution, on chase the Police party apprehended three accused persons including the petitioner. On search nothing has been recovered from the petitioner whereas from the possession of the other two accused persons country made pistols, cartridges and Chhura have been recovered. Petitioner filed application for discharge which has been rejected by the impugned order.3. Mr. Suresh Prasad Singh No .1 appearing on behalf of the petitioner submits that the materials collected during the course of investigation did not show the petitioner's complicity in the crime. He points out that nothing has been recovered from the petitioner excepting the clothes which he was wearing. Mr. Lala Kailash Behari Pr...
Tag this Judgment!Sharma Thakur, Vs. the State of Bihar and Smt. Sarita Devi
Court: Patna
Decided on: Mar-28-2006
Rekha Kumari, J.1. Heard.2. This is an application filed under Section 432 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the Code) for quashing the order dated 26.7.2005 passed by Sri D.K. Mishra, J.M. 1st Class, Bettiah in Complaint Case No. 1715-C of 2001 by which he has ordered to issue summons against the petitioners to face trial for the offences under Sections 498A and 323 of the Indian Penal Code.3. The case of the complainant-Opposite Party No. 2 Smt. Sarita Devi, in short, is that she was married to petitioner No. 1 Sharma Thakur. The other petitioners are her mother-in-law, elder brother of her husband and his wife. After Gauna when she went to her Sasural, the petitioners demanded Rs. 20,000/- and for that they started torturing her in various ways. The father of the complainant paid Rs. 10,000/- but in spite of that they did not stop torturing her. Ultimately, she was driven out of the house after assault.4. The complainant was examined on solemn affi...
Tag this Judgment!Rakesh Kumar Singh @ Munna Kumar and ors. Vs. the State of Bihar and G ...
Court: Patna
Decided on: Mar-28-2006
Rekha Kumari, J.1. Heard.2. This is an application filed under Section 482 of the Code of Criminal Procedure, 1973 (here inafter referred to as the Code) for quashing the order dated 7.5.2005 passed by the Sub-divisional judicial Magistrate, Gaya in Complaint Case No. 54 of 2005/Tr. No. 1238 of 2005 by which he has taken cognizance against the petitioners for the offences under Section 408-A of the Indian Penal Code and Section 3/4 of the Dowry prohibition Act.3. Opposite party No. 2 Geeta Devi filed a complaint petition on 15.1.2005 against the petitioners alleging, inter alia, therein that she was married to petitioner No. 1 in the year 1999. At Some time after the marriage, the petitioners started torturing her for dowry of Rs. 50,000/- and ultimately on 10.7.2002 she was brutally assaulted by the petitioners though she was pregnant at that time and an attempt was also made to burn her. However, on the intervention of the villagers and with their help she came to her father's house...
Tag this Judgment!Rajniti Kumar Singh and ors. Vs. the State of Bihar and ors.
Court: Patna
Decided on: Mar-27-2006
Radha Mohan Prasad, J.1. As in all these writ petitions, the facts and the questions involved are more or less common, with consent of the parties, they have been heard together for final disposal.2. The first four writ petitions have been filed for quashing the order dated 24.10.2005 (Annexure 19 to C.W.J.C. No. 14836 of 2005), by which the Home Secretary, Bihar has issued direction to cancel the promotion given to the petitioners from the post of Jail Clerks to the post of Assistant Jailors and. also the consequential office orders issued under the signature of I.G., Prisons, dated 23.11.2005 (Annexure 20), whereby and whereunder pursuant to the said direction promotions given to the petitioners have been cancelled after over lone six years. In the other two writ petitions (C.W.J.C. No. 14824 and 14825 of 2005), the petitioners have prayed for quashing of the same order, whereby and whereunder the Home Secretary has directed to cancel the promotion given to them from the post of War...
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