Patna Court July 2006 Judgments
Munni Lal Mahto and ors. Vs. Chandeshwar Mahto and anr.
Court: Patna
Decided on: Jul-24-2006
Navaniti Prasad Singh, J.1. The five appellants being three brothers and two nieces (daughters of pre deceased brother) filed a Partition Suit. Defendants were their parents as defendants 1 and 2 and their other brother defendant No. 3 and his son defendant No. 4. It was prayed that in respect of properties, as mentioned in the plaint and claimed to be joint family property, their shares be declared and properties be partitioned by metes and bounds. On 30.06.1975, a preliminary decree in the said Partition Suit was passed whereby each was awarded 1/7th share in the joint family properties. A genealogy is given hereunder:Mangroo Nahto Bulki Devi(Defendant 1) (Defendant 2) /-------------------------------------------------------------------- / / / / /Munni Lal Sita Sharan Paras Nath Jagdish Mahto Chandeshwar Mahto Prasad Prasad Mahto (Pet 1) (Pet 2) (Pet 3) (dead) (O P 1) / / ------------ Ravindra Mahto / / (O P 2) Urmila Devi Chameli Devi (Pet 4) (Pet 5)2. From the genealogy referred...
Tag this Judgment!Abdul Salam (Dead) Taiyaba Khatoon and anr. Vs. Bibi Zubaida Khatoon a ...
Court: Patna
Decided on: Jul-24-2006
Syed Md. Mahfooz Alam, J.1. This Second Appeal has been preferred against the judgment dated 31.3.1990 and decree dated 20.4,90 passed by Sri Lallu Prasad Singh, 4th Additional District Judge, Patna, in Title Appeal No. 166 of 1988 confirming the judgment and decree dated 2.9.88 passed by Sri Rameshwar Prasad, Additional Sub-Judge VI, Patna, in Title Suit No. 355 of 1979.2. The brief facts of the case are as follows:Plaintiff-respondent Bibi Zubaida Khatoon along with her mother Bibi Hasina Khatoon filed Title Suit No. 355 of 1979 in the Court of Sub-Judge Ist, Patna, for preliminary decree of partition of the suit property fully described in Schedule of the plaint with respect to their share to the extent of 6 Annas 13 dams, 3 kauris and to carve out a separate Takhta by appointment of Pleader Commissioner. The original appellant Abdul Salam, who was defendant No. I in the said suit, firstly contested the suit by making certain averments in the suit but during the pendency of the sui...
Tag this Judgment!Upendra Kumar Vs. the Bihar State Financial Corporation and ors.
Court: Patna
Decided on: Jul-21-2006
V.N. Sinha, J.1. Heard Mr. Manik Ved Sen for the petitioner and Mr Rajesh Prasad Chaudhary for the Bihar State Financial Corporation and its functionaries.2. The petitioner who earlier held the post of the Deputy Manager, Zone I in the Bihar State Financial Corporation (hereinafter referred to as the Corporation) is aggrieved by the office order No. 22/2001 02 bearing memo no 1114 dated 22.8.2001, Annexure 16 issued under the signature of the Managing Director of the Corporation, whereunder he has been dismissed from the service of the Corporation with immediate effect. He is further aggrieved by the minutes of the 4th meeting of the Board of Directors of the Corporation held on 30.9.2005 recorded in context of Agenda Item Nos. 12739 and 12983 dismissing his appeal against the aforesaid dismissal order which was duly communicated to him along with letter No. 2609 dated 20.10.2005 and is contained in Annexure 24 to the I.A.No. 5583 of 2005.3. The petitioner having passed M.B.A. examina...
Tag this Judgment!Dr. Kumar Suman Singh Vs. State of Bihar and anr.
Court: Patna
Decided on: Jul-19-2006
Mridula Mishra, J.1. Heard the counsel for the petitioner and the counsel appearing for the State as well as the Superintendent, Adarsh Central Jail, Beur, Patna.2. Petitioner is aggrieved as he was handcuffed by police personnel during transit from jail to court in the clear violation of the direction of Supreme Court in a decision reported in : 1980CriLJ930 (Prem Shankar Shukla v. Delhi Administration).3. Petitioner's counsel was submitted that the condition which has been mentioned in this decision for handcuffing any accused while being transmitted from jail to Court or Court to jail, was not present there. The party of the constables which was accompanying the petitioner did not file any such petition before the Magistrate that either the petitioner is aggravated, he has enhanced threat or there was any apprehension that he may escape, which are the condition precedent for handcuffing. In this circumstance, the action of police personnel is in clear violation of direction of the ...
Tag this Judgment!Jai Prakash Singh Vs. the State of Bihar.
Court: Patna
Decided on: Jul-14-2006
I.P. Singh, J.1. This is an application under Section 482 of the Code of Criminal procedure, 1973(in short the Code). It is directed against the order dated 3.8.2005 passed by the learned Fast Track Court, Additional Sessions, IV, Nawadah in S.T. No. 77 of 2003 by which the court had allowed the prosecution to prove the photo copy of the injury report as secondary evidence.2. From the facts it would appear that a case against the petitioner and four others was instituted under various sections of the Indian penal Code and also under Section 27 of the Arms Act. The charge sheet was submitted against them. The cognizance of the offence was taken and the case was committed to the court of session for trial. In the course of the trial the photo copy of the injury report which was available in the case diary was sought to be proved by the prosecution. This was opposed by the present petitioner. The original injury report was called for by an order dated 17.2.2005. It, however, appear a tha...
Tag this Judgment!Suresh Kumar and ors. Etc. Etc. Vs. the State of Bihar and ors. Etc. E ...
Court: Patna
Decided on: Jul-14-2006
S.N. Hussain, J.1. A common question is involved in all these writ cases, which are heard and taken up for decision together, as to whether the ballot papers marked with only the wooden portion of the instrument (commonly called a stamp) were rightly rejected by the authorities concerned while counting the votes cast by the voters in the elections held for various posts under the Bihar Panchayat Raj Act, 2006 (hereinafter referred to as 'the Act' for the sake of brevity) recently in the year 2006.2. Admittedly the wooden stamps with rubber Swastik marks on the ends were supplied by the State Election Commission (hereinafter referred to as 'the Commission' for the sake of brevity) to all the booths for the use of voters for marking the ballots, but at many booths the rubber containing Swastik mark got detached and the Polling Officers of such booths allowed the voters to use the wooden portion of the said stamps for marking their ballots. However, the Commission having been satisfied t...
Tag this Judgment!Shyam Sundar Sinha shyam Vs. State of Bihar and ors.
Court: Patna
Decided on: Jul-14-2006
I.P. Singh, J.1. This is an application under Section 482 of the Code of Criminal Procedure 1973 (in short' the Code). It is directed against the order dated 24.9.2005 passed by Sri S.K. Tripathi, Judicial Magistrate Ist Class, Vaishali at Hajipur in Complaint Case No. 2456/2004, Tr.No. 1030 of 2005 by which it has been submitted that the learned Magistrate has taken cognizance of the offences under Sections 323, 324 and 384 of the Indian Penal Code instead of taking cognizance of the offences under the major Sections. 2. The petitioner happens to be the informant of the case. He had lodged a complaint petition before the learned Chief Judicial Magistrate, Vaishali at Hajipur under Sections 307, 394 and 397 of the Indian Penal Code. He was examined on solemn affirmation by the learned Chief Judicial Magistrate who transferred the case to the court of the Judicial Magistrate named above under the provisions of Section 192 of the Code. Before the learned Judicial Magistrate a number of ...
Tag this Judgment!Vishwanath Choubey Vs. Bhuneshwar Choubey @ Oudul Choubey and ors.
Court: Patna
Decided on: Jul-13-2006
Navaniti Prasad Singh, J.1. Heard.2. The defendant filed an application before the trial court praying for framing and deciding preliminary issue as to the maintainability of the Suit. This having been rejected he has filed the present revision application urging that the Suit was not maintainable and the trial court failed to exercise its jurisdiction in framing and deciding the issue of maintainability as preliminary issue.3. The plaintiff-opposite party upon notice has appeared.4. Heard both the sides.4. It appears that a Suit was filed in the year 1967 for partition. In course of the proceeding the parties entered into a compromise and basing on the said compromise a compromise decree was passed by the court ending the litigation. Now, another Suit has been filed in which the son of one of the signatories to the compromise alleges that the compromise was fraudulently entered and as such the court should set aside the compromise decree and hold that the family continued in iointnes...
Tag this Judgment!Sheela Kumari Sinha Vs. the State of Bihar and ors.
Court: Patna
Decided on: Jul-13-2006
Ramesh Kumar Datta, J.1. Heard learned Counsel for the petitioner and learned S.C.I for the State.2. Petitioner seeks direction on the respondents to appoint her on the post of constable in Gaya or Nawadah District. The case of the petitioner is that she is a B.C. Annexure-II woman candidate and her height is 164.5 c.m. and being Intermediate passed and she is otherwise fit for appointment as a constable in Bihar. Pursuant to Advertisement No. 1/99 petitioner after physical and other teats was found fit for appointment on the poet of constable. After the results were announced on 6.1.2000 the petitioner found that three candidates having height 164 c.m. and 163.5 c.m. have been appointed but the petitioner was not appointed although her height was 164.5 c.m. On enquiry she was informed that she has been measured as 163 c.m. The petitioner then filed representation before the authorities and ultimately she was remeasured by the D.I.G., Magadh Range as 164.5 c.m. put despite she has not...
Tag this Judgment!Jawahar Prasad Sinha and ors. Vs. the State of Bihar and ors.
Court: Patna
Decided on: Jul-13-2006
Ramesh Kumar Datta, J.1. Heard Dr. M.P. Shukla, learned Counsel for the petitioners, No one appears for the State.2. The petitioners seek quashing of paragraph 8 of the Resolution No. 6758 dated 5.9.03 (Annexure-16) of the Finance Department, Government of Bihar, whereby the Time Bound Promotion and other promotions granted to them under the State sponsored Scheme some 28 years back had been order to be ignored and their pay had been ordered to be fixed in the revised scale of Basic grade. The further prayer of the petitioners is that their salary should be fixed at the revised scale of pay revised for the post on which they are presently working or before they retired after 1.1.96.3. The issue involved in the present case is no longer res integra, Earlier a similar notification contained in Letter No. 1300/2001 with respect to the Professors and Readers of the Universities had come up for challenge in a batch or writ cases, namely, C.W.J.C No. 1956 of 2001 and six analogous cases Dr....
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