Patna Court August 2006 Judgments
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Suresh Singh Vs. State of Bihar
Court: Patna
Decided on: Aug-19-2006
Chandramauli Kumar Prasad, J.1. Sole appellant, besides his younger brother and father were put on trial for offence under Sections 304B., 498A and 201/34 of the Indian Penal Code. The Additional Sessions Judge. Fast Track Court No. III, East Champaran, Motihari, by judgment dated 2nd of April, 2002, passed in Sessions Trial No. 517/16 of 2000/2002 acquitted accused persons but held the appellant guilty under Sections 498A, 304B and 201/34 of the Indian Penal Code and sentenced him to undergo rigorous imprisonment for life for offence under Section 304B of the Indian Penal Code and three years each for the offence under Sections 498A and 201/34 of the Indian Penal Code. The sentences were directed to run concurrently.2. Aggrieved by the same, appellant has preferred this appeal.3. Prosecution started on the basis of a written report given by P.W. 6 Siva Ram Singh addressed to the officer-in-charge of Chhatauni Police Station on 7-11-1999. According to the report, his daughter Kavita K...
Sri Surendra Prasad Sah Vs. the Vaishali Kshetriya GramIn Bank, Throug ...
Court: Patna
Decided on: Aug-19-2006
V.N. Sinha, J.1. Heard learned Counsel for the petitioner and the counsel appearing for the Bank.2. The petitioner who is an employee of the Vaishali Kshetriya Gramin Bank, Muzaffarpur which has now been merged into Uttar Bihar Kshetriya Gramin Bank has filed this writ petition assailing the order dated 6.7.1988, Annexure-2 whereunder after completion of the departmental proceeding he has been inflicted punishment of stoppage of two increments in the time scale. He has also assailed the appellate order dated 14.10.1988, annexure 3 whereunder his appeal has been dismissed and the punishment awarded by the disciplinary authority has bean upheld. He is further aggrieved by the order dated 1st April, 2000, annexure 5 whereunder the appellate authority even refused to review the earlier order dated 14.10.1988 annexure 3 on the ground of acquittal of the petitioner in the substantive criminal trial taken for the offence under Sections 406, 409, 420, 467, 468, 409, 466/34 of the Penal Code a...
Umesh Chandra Karan and ors. Vs. Shail Kumari Devi (Substituted) and o ...
Court: Patna
Decided on: Aug-19-2006
Syed Md. Mahfooz Alam, J.1. The present second appeal has been filed against the judgment dated 6.6.1989 passed in Misc. Appeal No. 14/1986 / 6/1988 by Sri Kripa Shambhu Sharan, 1st Additional District Judge, Madhubani upholding the judgment dated 19.02.1986 passed by Sri R.N. Singh, Munsif, Jhanjharpur in Title Suit No. 17/8 of 1966/72 by which he allowed the prayer of the decree - holder -respondents for grant of mesne profit at the rate of Rs. 200/- per annum with interest at the rate of 6 per cent per annum from the date of dispossession till the delivery of possession of the suit land.2. The brief facts of the case are as follows:Respondent, Janardan Lal Das, filed Title Suit 17/1966 / 8/1972 in the court; of Munsif, Jhanjharpur for declaration of his title and recovery of possession in respect of 2 dhurs of land of survey plot Nos. 392 and 389, respectively, situated in village Simra under Madhubani Sub-Division. Another Title Suit No. 137/1965 / 7/1972 was filed by the father o...
Jai Ram Singh Vs. State of Bihar and ors.
Court: Patna
Decided on: Aug-19-2006
Aftab Alam, J.1. Heard Ms. Sheema Ali Khan, Counsel for the petitioner and Mr. Chhote Lal Narain Singh, S.C. I representing the State.2. The petitioner seeks to challenge his removal from service as Chowkidar attached to Shivsagar Police Station in the district of Sasaram by an order passed by the District Magistrate under his memo No. 1251, dated 15.11.2003. The order gives two grounds for the petitioner's removal from service. One is that there were only ten beats under Shivsagar Police Station. It, therefore, followed that the petitioner's appointment as Chowkidar for Circle No. 1, beat No. 11 under that Police Station was illegal. The other ground was that a criminal case being Shivsagar Police Station No. 24/99 was already instituted against the petitioner on 12.3.1999 for cheating in connection with his appointment and on that basis a recommendation was also made by the Superintendent of Police for his removal from service.3. Ms. Khan submitted that the order was passed on error...
Kameshwar Lall Dass Vs. State of Bihar and ors.
Court: Patna
Decided on: Aug-17-2006
Aftab Alam, J. 1. Heard Mr. Y.V. Giri, Senior Advocate appearing for the petitioner, Mr. S.S. Asghar Hussain, Senior Advocate representing the Bihar State Marketing Board and Mr. Ganesh Prasad Singh, Senior Advocate appearing on behalf of respondent No. 5.2. By Office order No. 418 dated 19.06.2006, a number of Market Secretaries were transferred from one place to another. The petitioner who was posted as Market Secretary at APMC, Musallahpur (Patna) was sent to Jehanabad. He was replaced at Patna by respondent No. 5 who was brought there from Arrah. Aggrieved by his transfer, the petitioner seeks to challenge the transfer order insofar as he is concerned.3. Mr. Giri submitted that the petitioner was posted at APMC, Musallahpur on 3.9.2005 and he was shifted from there barely after ten months. He also submitted that compared to respondent No. 5, the petitioner's performance was far better as reflected in the rate of revenue collection against the targeted amount. He also submitted th...
Nagendra Mishra and ors. Vs. the State of Bihar and ors.
Court: Patna
Decided on: Aug-17-2006
Ramesh Kumar Datta, J.1. Four interlocutory applications for intervention in support of the petitioners in this case have been filed, namely, I.A.No. 4668/03, I.A, No. 4922/03, I.A.No. 5302/03 and I.A.No. 5540/03. The stand of the applicants is similar to that of the petitioners and they are similarly affected by the inaction / refusal of the State Government to appoint them. The prayers for 'intervention' are allowed.2. Heard Mr. Ganesh Prasad Singh, learned Senior, counsel for the petitioners, Mr. Ram Balak Mahto, Senior Counsel, Mr. Binay Kumar, Advocates appearing for the intervenor petitioners, learned Government Advocate No. 10 for the State and Mr. S.H.H. Quadir, learned Counsel for the Bihar Public Service Commission.3. The petitioners seek a direction upon the respondents to consider, take a decision and appoint the petitioners by way of promotion on the post of Assistant in the Secretariat in pursuance of the recommendation made by the Bihar Public Service Commission vide l...
Eastern Food Industries Pvt. Ltd. Vs. the Bihar State Credit and Inves ...
Court: Patna
Decided on: Aug-11-2006
Navaniti Pd. Singh, J.1. Heard the parties.2. Petitioner's grievance is that the petitioner had been making endeavor to get out of the work of debt trap of BICICO which had intially sealed the industry unmindful of the fact that unless the industry runs there can be no repayment. Petitioner asserts that there was demand of payment of rupees five lakhs for unsealing Payment was made. BICICO, even though a statutory authority and having a dominating power did not act as premised. The unit continued to be sealed. Further payment was required which was also again made. BICICO refused to open the units as given to understand by them to the petitioner while securing those payments. Ultimately BICICO came up with One Time Settlement Scheme. The said scheme provided for different settlement schemes in respect of different categories of defaulting units. The scheme had categorised the same. Petitioner being unable to decide as to whether it qualified in one category or the other, it gave out a...
Ghanshyam Chaudhary Vs. the State of Bihar and ors.
Court: Patna
Decided on: Aug-09-2006
Ramesh Kumar Datta, J. 1. Heard Mr. Madhav Roy, learned Counsel for the petitioner, Mr. S. Asgar Hussain, learned Senior Counsel for the respondent No. 5 and the learned S.C. No. 1(Ceiling) for the State.2. The petitioner seeks quashing of the order dated 31.10.2005 passed by the Additional Member, Board of Revenue in Revision Case No. 281/02 Annexure-12) by which he has set aside the order dated 11.10.2002 passed by the Collector, Muzaffarpur, in Ceiling Appeal Case No. 12 of 2001-02 (Annexure-11) and the order dated 9.11.2001 (Annexure-9) passed by the Deputy Collector Land Reforms, Muzaffarpur (West) in Ceiling Case No. 16 of 2001-02 and thereafter allowed the claim of pre-emption of respondent No. 5 and directed the D.C.L.R. to take further step for re-conveyance in accordance with law.3. The petitioner's case is that Plot No. 665, Khata No. 135 of village-Chainpur falling under Kanti Police Station of Muzaffarpur District belongs to one Ramphal Rai who was the recorded tenant in ...
Paras Nath Singh Vs. the State of Bihar and ors.
Court: Patna
Decided on: Aug-09-2006
Ramesh Kumar Datta, J. 1. Heard Mr. Ashok Kumar Keshari, learned Counsel for the petitioner and the learned G.P.IX for the State.2. The petitioner seeks quashing of the Memo No. 1759 dated 19.9.2005 (Annexure-1) by which the Director Statistics & Evaluation, Bihar, respondent No. 2 has cancelled the first time bound promotion given to the petitioner w.e.f. 13.6.1984, and he has further prayed for quashing of the order contained in Memo No. 2214 dated 5.12.2005 (Annexure-2) by which the Director has ordered to recover Rs. 1,15,029.50 from the petitioner and has further crdered to deduct rupees five thousand per month from the salary of the petitioner since December, 2005.3. The petitioner was appointed as orderly on 10.8.1965 and Subsequently was promoted to the post of machine boy on 29.8.1972. Thereafter the petitioner was made a routine clerk on 13.6.1974. By Order No. 1.72 dated 15.4.1995 the petitioner was granted 1st time bound promotion. Paragraph 3 of the said .promotion order!...
Phullan Mian and ors. Vs. Jogendra Ram and anr.
Court: Patna
Decided on: Aug-08-2006
Syed Md. Mahfooz Alam, J.1. This second appeal has been preferred by the appellant Phullan Mian and others (defendant - second set in the suit) against the judgment dated 31st August 1988 and decree dated 5.9.1988 passed by the 1st Additional District Judge, West Champaran, Bettiah in Title Appeal No. 22 of 1985/31 of 1988 where by he has been pleased to dismiss the appeal of the defendant-second set and confirmed the finding of the learned Munsiff, Bettiah passed in Title Suit No. 31 of 1984 decreeing the suit of the plaintiff-respondent far specific performance of contract.2. The case of the plaintiff-respondent, in brief, is that on 28.1.1984 defendant No. 1 Rita Devi entered into a contract for sale, of land measuring an area of 5 kathas 6 dhurs situated in village Motihari fully described in Schedule I of the plaint with the plaintiff for which total consideration was fixed at Rs.3000/-. Towards part performance of the contract the plaintiff-respondent paid Rs. 1500/- as earnest ...
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