Patna Court June 2006 Judgments
Krishna Murari Sinha, Vs. the State of Bihar and Asha Sinha
Court: Patna
Decided on: Jun-30-2006
Rekha Kumari, J.1. This is an application filed under Section 482 of the Code of Criminal Procedure, 1973 for quashing the order dated 21.6.2005 passed by Sri Mukesh Upadhya, J.M. 1st Class, Biharsharif in Complaint Case No. 639(C) of 2001 whereby he has ordered to issue summons against the petitioners for facing trial for the offences under Sections 494 and 114 of the Indian Penal Code.2. Heard.3. The facts leading to this application are as follows:Opposite Party No. 2 Asha Sinha, daughter of late Jageshwar Prasad, P.S. Laheri, district Nalanda filed a complaint case against the petitioners and others before the Chief Judicial Magistrate, Nalanda at Biharsharif alleging therein that she was married to petitioner Krishna Murari Sinha on 24.6.1988. After marriage she went to her matrimonial house at Kahuara, district Nawadah. She lived peacefully for about one year. Thereafter her husband and in-laws started torturing her for which he filed Complaint Case No. 1034-C of 2000 which is ...
Tag this Judgment!Balgobind Prajapat @ Balgobind Kumhar Vs. the State of Bihar
Court: Patna
Decided on: Jun-28-2006
Ram Nandan Prasad, J.1. The petitioner has approached this Court under Section 482 of the Code of Criminal Procedure for extension of time to deposit the fine and also for order to release the petitioner, who is in jail in default of payment of fine.2. The relevant facts of the case are that the petitioner was an accused along with other persons in a criminal case for the offence under Section 302/307 of the Indian Penal Code. He was put on trial along with other accused persons. The trial court convicted one of the accused persons for the offence under Section 302 I.P.C. and convicted the petitioner for the offence under Section 307 of the Indian Penal Code and sentenced to undergo imprisonment for ten years vide judgment and order dated 31.7.1987 passed by the 3rd Additional Sessions Judge, Gaya in Sessions Trial No. 58 of 1982/41 of 1980. The petitioner and other convicts challenged the judgment and order pf the conviction in Cr. Appeal No. 351/1987. The appeal was dismissed with m...
Tag this Judgment!Dayanand Sinha and ors. Vs. the State of Bihar and ors.
Court: Patna
Decided on: Jun-28-2006
Radha Mohan Prasad, J.1. In all these writ petitions, the grievance of the petitioners and the stand of the State are common and, as such, with consent of the parties, they have been heard together for final disposal by this common order.2. In all these writ petitions, the petitioners, who were daily wagers since prior to 1.4.1985. are aggrieved by their retrenchment.3. In short, the case of the petitioners is that all of them were engaged in the service before 1st August, 1985, the cut-off date fixed by the Government. In fact, most of the petitioners have served for more than 20 years regularly without any break. (Annexure 1 to C.W.J.C. No. 877 of 2002 is the copy of the chart containing the details of the petitioners). They were always assured by the competent authority of the State for their regularisation in service. According to the petitioners. many persons junior to them have been retained in service at different places whereas the petitioners, who were appointed in 1981-82, h...
Tag this Judgment!Chandra Shekhar Prasad Vs. the State of Bihar and ors.
Court: Patna
Decided on: Jun-27-2006
S.N. Hussain, J.1. Heard learned Counsel for the petitioner and learned Counsel for the State.2. In this writ petition, prayer of the petitioner is to direct the respondents to grant/Issue caste certificate showing him to be belonging to Scheduled Tribe of Gond.3. Learned Counsel for the petitioner submits that earlier certificate (Annexure 1) was issued to the petitioner by the Block Development Officer, Raghunathpur (Siwan) showing the petitioner to be belonging to Gond community of Schedule Tribe and the School Leaving Certificate issued from the school also shows that he belongs to the same community and his other relatives were also granted similar certificates. He also avers that the petitioner has applied for admission to the First Year of the Post Graduate Medical Course in the State of Bihar for the session 2006-2007 and for that a certificate was required in the prescribed format, for which he applied in February, 2006, but till date no certificate had been issued.4. On the ...
Tag this Judgment!Ashok Kumar Pandey Vs. Pandey Mithilesh Kumar Sinha and ors.
Court: Patna
Decided on: Jun-27-2006
Navaniti Prasad Singh, J.1. Heard.2. This application has been filed by the petitioner who wanted to intervene as a defendant in Title Partition Suit No. 357 of 2003 pending before Sub judge VI, patna. By the impugned order dated 07.06.2005, the learned Sub judge has rejected his application for intervention as a defendant. The plea of the petitioner in support of his intervention and being added as a party was that he was the adopted son of late Pandey Ambika Prasad and, as such, was an interested party in the said partition suit as the partition was sought for amongst the descendants of the same heir of the joint family. In support of his application for being added as a party in the partition suit, the petitioner had placed reliance apart from other principally on two documents. The first was the matriculation certificate granted in the year, 1974 by the Bihar School Examination Board which showed the petitioner to be the son of Pandey Ambikia Prasad. The second was the deposition ...
Tag this Judgment!Kapildeo Narayan Singh and ors. Vs. Mithilesh Kumar Singh and ors.
Court: Patna
Decided on: Jun-27-2006
Navaniti Pd. Singh, J.1. Heard.2. The delay in filing the civil revision application is condoned for the reasons given in the condonation petition (I.A. No. 5513/03).3. The present revision application is directed against the order dated 21.7.2005 passed by Sub Judge VII. Biharsharif (Nalanda) in Title Suit No. 79 of 1983, by which the trial court has rejected the application of the defendant to rescind the decree and has directed the defendants to execute the sale deed failing which the Court would execute the sale deed.4. Heard learned senior counsel appearing for the petitioner in support of the revision application. It is submitted that the trial court had delivered the judgment in the year 1994 and decree for specific performance had been granted. In the judgment it was stated that the same should be executed by the defendant within a period of one month after accepting the balance consideration. It is further submitted that accordingly the balance consideration ought to have bee...
Tag this Judgment!Srimati Bimla Devi Vs. Rambhajan Mahto and ors.
Court: Patna
Decided on: Jun-27-2006
Navaniti Prasad Singh, J.1. This is an application by defendant No. 4 against order dated 08.05.2004 by which the learned Sub Judge II, Samastipur has acceded to the prayer of the plaintiff in Title Suit No. 116 of 2002 to expunge the deposition of plaintiff witness No. 2 Ramdeo Singh from the evidence. While doing so, he has also recorded that this defendant's Advocate had agreed to such a prayer, Consequently, this revision is also directed against the subsequent order dated 15.05.2004 by which the learned trial Court has refused to recall the earlier order.2. Notice was issued to the opposite parties by order dated 01.09.2004, Notices were duly served but none has chosen to appear.3. Heard the learned Counsel for the petitioner.4. It is submitted on behalf of the petitioner that once the plaintiff filed the affidavit of P W 2 and produced him for examination as a plaintiff's witness, the said witness having made various statements in chief and in cross examination which remained in...
Tag this Judgment!Sci (India) Limited Vs. the Bihar State Financial Corporation and ors.
Court: Patna
Decided on: Jun-27-2006
Aftab Alam, J. 1. Heard Mr. Ram Balak Mahto, Sr.Advocate appearing on behalf of the petitioner and Mr. Y.V. Giri, Sr.Advocate representing the Bihar State Financial Corporation and its officers. 2. The petitioner, which is a company incorporated under the Companies Act, paid a sum of Rs. 89,45,056.70 to the Bihar State Financial Corporation, under a rehabilitation package formalised in an agreement. Having made full payment of the amount stipulated in the agreement along with interest, the petitioner thought that it was at last free of the Corporations's demands. The Corporation, however, thinks otherwise. It served upon the petitioner an additional demand of Rs. 36,09,115.00 paise (as on 28.02.2005) vide letter, dated 26.02.2005 and took the position that the petitioner's dues would stand settled only on payment of the aforesaid amount. 3. This writ petition is filed challenging the demand letter dated 26.2.2005 and seeking a declaration that the petitioner has cleared off its dues t...
Tag this Judgment!Jayant Kumar Jaiswal and anr. Vs. Bihar State Financial Corporation an ...
Court: Patna
Decided on: Jun-27-2006
Rekha Kumari, J.1. This is an application under Section 482 of the Code of Criminal Procedure for quashing the order dated 8-5-2003 passed by Sri Manoj Kumar Singh, Judicial Magistrate, 1st Class, Patna in Complaint Case No. 500 (M)/97 by which he has rejected the prayer of the petitioners refusing to discharge him under Section 245 Cr. P.C.2. O.P. No. 1 (complainant) filed the complaint against the petitioners alleging therein that the petitioners in the name of firm M/s. R.J. Poly Pvt. Ltd. applied for establishment of industries at Maroofganj, Patna City for manufacturing of P.P. Films and H.D.E.F. bags. As per schedule and after thorough enquiry the complainant-Bihar State Financial Corporation sanctioned a term loan of Rs. 8.25 lacs on 18-3-1987 and the accused petitioners executed the legal documents mortgage deed and accepted the terms and conditions of the sanction and repayment of loan and the loan amount was disbursed in their favour to the tune of Rs. 6,81,400/- and they pu...
Tag this Judgment!Shri Niawah Singh Vs. Shri Chandradeo Singh
Court: Patna
Decided on: Jun-27-2006
Navaniti Prasad Singh, J.1. Heard.2. This is an application by the defendant-petitioner against order dated 29.07.2005 passed by the Additional Munsif I, Jamui in Eviction Case No. 12 of 1989. By the said order, the learned Munsif has recalled his earlier order dated 21.08.2003 by which in terms of Section 10 of CPC, the proceedings in the present eviction suit was stayed. It is submitted that this amounted to review of earlier order which power is circumscribed by the provisions of the Code of Civil Procedure.3. The facts giving rise to the present case before this Court is that the father-in-law of the defendant-petitioner alleged that he had entered into negotiation and agreement for purchase of the suit premises from the vendor of the Plaintiff. The agreement having not been carried out, the defendant's father-in-law had instituted a suit for specific performance as against the vendor of the plaintiff for the said premises. The suit had been dismissed and appeal from original decr...
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