Patna Court May 2006 Judgments
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Atul Kumar Vs. the State of Bihar and ors.
Court: Patna
Decided on: May-02-2006
Ramesh Kumar Datta, J.1. The petitioner has approached this Court for quashing the order dated 18.8.2005 passed in Case No. 1/05 issued by the Sub-Divisional Officer, Sasaram by which the application of the petitioner for issuance of a caste certificate declaring him as 'Gond' has been rejected and consequential relief.2. The petitioner has earlier filed C.W.J.C. No. 15297/2004 raising a similar grievance and by order dated 15.7.2005 the application was disposed of with the direction that the petitioner should approach either the District Magistrate, Rohtas at Sasaram or the Sub-Divisional Magistrate, Sasaram, whereafter they should consider the request of the petitioner for grant of caste certificate that he belongs to the Gond Tribe and if the claim of the petitioner is found not maintainable speaking order should be passed. The petitioner thereafter applied for a caste certificate in terms of the said order of this Court. But the same was rejected by the impugned order dated 18.8.2...
Ram Singari Devi and ors. Vs. Govind Thakur and ors.
Court: Patna
Decided on: May-02-2006
Navaniti Prasad Singh, J.1. This civil revision application raises an interesting issue arising out of a matter relating to substitution of legal representatives of deceased-plaintiff under Order 22 Rule 3 of Code of Civil Procedure (In short 'CPC'). Heirs of plaintiff by half blood have moved this Court in civil revision against the impugned order by which heirs of full blood of the plaintiff have been substituted. The petitioners before this Court are asserting that even though they are heirs of half blood, they have to be preferred to heirs of full blood which on the first flash seems to be quite a preposterious proposition. Both sets are represented before this Court. Shri Pushkar Narain Shahi, Advocate appears on behalf of petitioners and Shri Wasi Akhtar, Senior Advocate appeared on behalf of the contesting opposite parties. Heard the parties.2. Before coming to grips with the legal Issue, It is necessary to give out the salient facts appropriate for the decision of this Court. ...
Shail Singh Vs. State of Bihar and anr.
Court: Patna
Decided on: May-02-2006
Navin Sinha, J.1. Heard learned Counsel for the petitioner and learned Counsel appearing on behalf of opposite party No. 2 who has entered appearance suo motu.2. The petitioner who is the husband questioned the order dated 29.9.2005 in Maintenance Case No. 26 of 2005 passed by the Principal Judge, Family Court, East Champaran, Motihari filed by his first wife, the opposite party, for maintenance, awarding a sum of Rs. 1500/- each to opposite party No. 2 and to the daughter, namely, Rima Kumari till her majority.3. The relevant facts necessary for the present consideration are that the petitioner was married to opposite party No. 2 in 1960. Four daughters were born out of the wedlock, three of whom are subsequently married. The petitioner during subsistance of his earlier marriage, remarried with another women in 1988 from which two sons and two daughters have been born.4. Learned Counsel for the petitioner assailing the order sought to persuade this Court that it was not the case of o...
Pramod Kumar Pandey Vs. the State of Bihar and ors.
Court: Patna
Decided on: May-01-2006
Ramesh Kumar Datta, J.1. The petitioner has come to this Court for payment of arrears of salary as well as deputation allowances for the period after 30.4.2002 on which date he joined in the Bihar. State Water and Sewage Board pursuant to Government Notification dated 19.3.2002.2. It is stated by the learned Counsel for the petitioner that during the pendency of the writ petition petitioner has already been paid his arrears of salary and is being paid current salary but no deputation allowance is being paid to him in terms of the Government of Bihar Finance Department Circular No. 4468 dated 16.8.1991 as amended by Memo No. 7469 dated 16.11.1999. Learned Counsel for the petitioner has also drawn attention to Annexure -11 which is Memo No. 713 dated 2.9.2004 whereby a Junior Engineer deputed to the Board from the Urban Development Department has been directed to be paid deputation allowance in terms of the said circular.3. Learned Counsel fore the Board vehemently opposed the claim of...
Ashok Kumar Rout and Bhajan Paswan Vs. State of Bihar
Court: Patna
Decided on: May-01-2006
Ghanshyam Prasad, J.1. The appellants of both Jibe appeals have called in question their conviction and sentence dated 16.12.20,02/17.12.2002 passed by Fast Track Court No.IV, Sitamarhi in Sessions Trial No. 285 of 2002/198 of 2002. Both the appellants have been convicted under Section 376 I.P.C. and sentenced to undergo R.I. for ten years and to pay fine of Rs. 3,000/- each and in default to undergo S.I. for one year.2. The incident as narrated by the prosecution is not only shocking but also put question mark upon us to be called. as a civilized society. The young lady of unsound mind leading a vagabond life was subjected to gang rape under cover of her mental condition. A lady who deserves sympathy and care of the society was used to satisfy sexual lust.3. The informant Ramashankar Mishra (P.W.6), the then Havaldar of Dumra P.S. and posted at outpost No. 3 lodged a fardbeyan on 6.4.2002 at 10.30 A.M. stating therein that on getting information about presence of a lady of unsound mi...
State Vs. Kamla Prasad and anr.
Court: Patna
Decided on: May-01-2006
Syed Md. Mahfooz Alam, J.1. This appeal has been preferred against the judgment dated 1.7.1974 passed in L.A. Case No. 15/10 of 1973 by the Additional Sub-Ordinate Judge IVth, Motihari, whereby he has been pleased to fix the valuation of the acquired land @ Rs. 12,000/- per acre with 15% additional compensation and interest a 6% per annum and has also held that the petition filed by the applicants for enhancement of valuation of land was within time and not barred by limitation.2. The brief facts of the case are as follows:The case of the applicants, in short, is that 88 decimals of land appertaining to Plot No. 458 under Khata No. 3 of village Pipra belonging to the applicants-respondents was acquired by the State Government for implementation of Lateral Road Project and construction of road from Muzaffarpur to Pipra Kothi. Some other lands belonging to the family members of the applicants were also acquired in connection with the project and, accordingly, notices were Issued to the ...
Dhananjay Yadav and anr. Vs. the State of Bihar and ors.
Court: Patna
Decided on: May-01-2006
J.N. Bhatt, C.J.1. Upon a joint request of learned Counsel for the appellants, as well as, learned Advocate General, the matter was taken up for final hearing instead of hearing on an interim relief at this stage so as to see that ongoing process of recruitment is not further delayed.2. In this Letters Patent Appeal by invocation of Clause 10 of the Letters Patent directed against the judgment of the learned Single Judge in C.W.J.C. No. 2942 of 2006 rendered on 8.3.2006, the following question has surfaced:Could a person having applied for a particular post pursuant to an advertisement, during the process of recruitment gets declared successful in physical fitness test qualifying himself for being called for written examination, one of the tests of recruitment, namely, the physical fitness test earlier conducted having been cancelled upon process having been revoked on certain complaints of irregularities by the State directing in place thereof to hold a fresh physical fitness test in...
Amrendra Verma, Vs. the State of Bihar
Court: Patna
Decided on: May-01-2006
Chandramauli Kr. Prasad, J.1. This application has been filed for quashing the orders dated 21.2.2002 and 20,3.2004 passed by the 3rd Additional Sessions Judge, Patna in Sessions Trial No. 102 of 1997 whereby he had cancelled the bail bonds of the petitioners and directed for issuance of bailable and non-bailable warrants of arrest against them respectively.2. Short facts giving rise to the present application are that the petitioners are accused in a case in which they have been charge sheeted under Sections 147, 148, 149, 302, 307 and 120B of the Indian Penal Code. They were granted bail in the case even before the case was committed to the Court of Session. Ultimately, they were committed to the Court of Session by the Judicial Magistrate, Ist Class, Patna by order dated 25.11.1996.3. It is relevant here to state that the learned Magistrate, while committing the case to the Court of Session, did not indicate any date of appearance of the petitioners. It came up for consideration b...
Smt. Renu Devi Vs. Mahendra Singh and ors.
Court: Patna
Decided on: May-01-2006
Navaniti Prasad Singh, J.1. The Plaintiff is the petitioner before this Court. The contesting defendants, who were petitioners in the miscellaneous case, instituted on basis of their application under Order 21, Rule 97 of Civil Procedure Code, are represented through Mr. Sukumar Sinha, the learned Senior Counsel. Heard both the parties.2. This is against one of those illustrative cases where how using judicial process and ingenuity, the entire judicial system is being brought to ridicule. The facts will show that.3. A partition suit was instituted which appears to have been then compromised. There were three groups in it. As per the compromise entered into between the parties, each group was allotted property as mentioned in their respective schedule. Group I was allotted properties in Schedule I, Group II was allotted properties in Schedule II, Group III was allotted properties in Schedule III of the said compromise. On basis of the aforesaid compromise, final decree was passed regar...
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