Patna Court April 2006 Judgments
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Anamika Singh Vs. the Bihar State Election Commission and ors.
Court: Patna
Decided on: Apr-04-2006
Barin Ghosh, J.1. The petitioner seeks to cast his vote in the ensuing panchayat election. Having regard to the mandate contained in Section 126 of the Panchayat Raj Ordinance 2006, the petitioner is not entitled to cast such vote inasmuch as his name was not there rightly or wrongly in the voters list published at the time of last assembly election.2. Section 126 of the Bihar Panchayat Raj Ordinance 2006 is as follows:Electors of Panchayat:-All such persons who are enrolled as electors in the electoral roll or that part of the rolls of the State Legislative Assembly Constituency for the time being in force which is concerned with the territorial constituency of any Gram Panchavat shall be the electors for concerned Panchavat Elections:Provided that the State Election Commission suo motu or on receipt of written representation from an aggrieved person, is of the opinion that there is sufficient reason for doing so, may direct such changes to be made in the electoral rolls of the conc...
Firoz Khan Vs. State of Bihar and anr.
Court: Patna
Decided on: Apr-04-2006
Rekha Kumari, J.1. Heard.2. 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 3.6.2005 passed In Maintenance case No. 16(M) of 2003 by the Additional Principal Judge, Patna by which he has passed an interim order of maintenance set the rate of Rs. 500/- per month to the wife opposite party No. 2 to be paid by the petitioner.3. Learned Counsel for the petitioner submitted that the petitioner is a deaf and dumb and that he has no sex source of income. Besides this, the wife is not ready to live with him. Hence, awarding of interim maintenance and that too of such amount (Rs. 500/-) is improper.4. Learned A.P.P. opposed the prayer and submitted that the plea of the petitioner that the wife is not ready to live with him can be considered at the time of final disposal of the case and the present order is only interim in nature.5. After hearing the submissions of both the parties and peru...
Union of India (Uoi) Vs. Kamalendu Shukla Alias Kamrendra Shukla
Court: Patna
Decided on: Apr-03-2006
Navaniti Prasad Singh, J. 1. This revision application has been filed by the Union of India through General Manager, Eastern Railway against the impugned order dated 22-5-1999 passed by the learned sub-Judge 7th, Patna by which this application filed under Section 47 of the Code of Civil Procedure objecting to the execution of the money decree of Rs. 1,55,000/- has been rejected. The objection under Section 47 of the Code of Civil Procedure was taken on the ground that, the decree was a nullity as the civil courts had no jurisdiction to try the suit. The matter was covered under the exclusive jurisdiction of the Railway claims Tribunal.2. The facts are brief. The plaintiff allegedly fell down in a ditch of the railway platform and sustained injuries. He had to undergo long medical treatment. He filed the suit in 1988 claiming damages from the Railways whose duty is to maintain the railway platform. It was alleged the Railways were negligent and, as such, are liable to compensate and ...
Rajendra Rai, Vs. the State of Bihar
Court: Patna
Decided on: Apr-03-2006
Rekha Kumari, J.1. Heard.2. 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 6.6.2005 passed by Sri Sanjay Kumar Sinha, J.M. 1st Class, Vaishali at Hajipur in G.R. Case No. 1496 of 2004/Tr. No. 1881 of 2005 by which cognizance has been taken by the learned Magistrate against the petitioners.3. This case arises out of a complaint petition filed by one Jai Mangal Singh in which he has alleged that the petitioners had come to his house and took his daughter to her matrimonial home on the pretext that her husband who used to work in Punjab had returned and was seriously ill. After two days, out of anxiety, the complainant also went to see his son-in-law. He found that neither his son-in-law nor his daughter was present in the house. Later on he learnt from the news item that the miscreants had committed rape on his daughter at Salha Chowk. He accordingly filed a complaint case and the ...
Darbhanga Regional Development Authority and ors. Vs. Ashok Kumar and ...
Court: Patna
Decided on: Apr-03-2006
Barin Ghosh and V.N. Sinha, JJ.1. Heard.2. The Appeal and the writ petitions involve questions of facts and law which are so connected with each other that we felt it would be convenient to decide all of them together. Accordingly, we heard the respondents in L.P.A. first and then called upon the writ petitioners to address us. We heard the learned Counsel appearing on behalf of Darbhanga Regional Development Authority and the State. We now propose to dispose of the appeal as well as the writ petitions by this common Judgment.3. Darbhanga Regional Development Authority is a body corporate constituted by and under the Bihar Regional Development Authority Act, 1981, Section 6 of the Act is as follows:6. Staff of the Authority:(1) The Authority shall have a Secretary, to be appointed by the State Government, who shall exercise such powers and perform such duties as may be prescribed by regulations or delegated to them by the Authority, or the Chairman.(2) The Authority may subject to su...
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