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Patna Court August 2006 Judgments

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Aug 02 2006

Sanjay Kumar Sinha Vs. Manjulata Sinha

Court: Patna

Decided on: Aug-02-2006

Navaniti Prasad Singh, J.1. This is an application by the petitioner who is also a petitioner in Matrimonial Case No 107 of 2003 pending before the Principal Judge, Family Court, Munger. He had instituted the said proceedings for divorce on the ground of cruelty and desertion. In the matrimonial case, wife appeared and stated that she was staying with her parents. She filed an application under Section 24 of the Hindu Marriage Act for interim maintenance which, after contest, was allowed at Rs 500/- per month. Having thus got an order of maintenance on the ground that she was staying with her parents, a peculiar application was then filed by her before the Court stating that she wanted to reside in the house of her husband. This was opposed firstly on the ground of her unacceptable behaviour and secondly that she had already claimed maintenance and was awarded the same. The learned Judge has passed a very peculiar order directing that the wife be placed in her matrimonial house with p...


Aug 01 2006

Krishna Kumar Tibrewal Vs. Sheo Narayan Prasad @ Sheo Shankar Prasad

Court: Patna

Decided on: Aug-01-2006

Navaniti Pd. Singh, J. 1. Heard.2. In a partition suit at the stage of final decree preparation there was apparently some compromise. Defendant Nos. 1 and 2, while the final decree preparation was going on by registered sale deeds, dated 10.1.1989, 9.3.1989 and 12.3.1989 sold part of the property under partition to defendant who is the petitioner before this Court. In this view of the matter this defendant along with other vendees were made defendant Nos. 4 to 8 and an application for injunction praying for injuncting defendant Nos. 1 and 2 from alienating the property was filed by the plaintiff-opposite party. By order dated 11.4.1989 the trial court passed an order of injunction. Subsequently, on 7.1.2005 an application purporting to be one under Order XXXIX, Rule 2A Sub-rule 2 of the Code of Civil Procedure read with Section 151 CPC was filed by the plaintiff alleging that defendant Nos. 4 to 8 including the petitioner before this Court had violated the injunction order dated 11.4....


Aug 01 2006

Ranvir Kumar Thakur Vs. the State of Bihar and ors.

Court: Patna

Decided on: Aug-01-2006

J.N. Bhatt, C.J.1. By this petition under Article 226 of the Constitution of India, the petitioner has sought for a direction against the respondent authorities to approve the appointment of the petitioner as dafadar/chaukidar in Bibhutipur Police Station in the district of Samastipur, as the petitioner is the grandson of the ex dafadar Shri Surya Narain Thakur and to pay salary or remuneration to him from the date of retirement of his grandfather in 1997 as he has done the duty.2. Learned Counsel for the parties are heard. The factual profile is examined. The counter affidavits filed on behalf of respondent Nos. 2 and 4 and also on behalf of respondent No. 3 Superintendent of Police, Samastipur are also considered.3. There is no supporting appointment order or any supporting provision pointed out in course of submission by the learned Counsel for the petitioner whereas it is clearly testified in the counter affidavit that Officer Incharge of the Police Station is not competent author...


Aug 01 2006

Amarkant Singh Vs. the State of Bihar and ors.

Court: Patna

Decided on: Aug-01-2006

Ramesh Kumar Datta, J.1. Heard Mr. Alok Kumar Sinha, learned Counsel for the petitioner and learned J.C. to G.P.8 for the State,2. The petitioner seeks a direction upon the respondent authorities to consider his case for regular promotion to the post of Assistant Labour Commissioner w.e.f. 29.8.1995 from which date he has been' functioning as incharge Assistant Labour Commissioner after the Notification dated 30.0.1995. The petitioner had been appointed as Superintendent of Labour on 13.6.1978 and Joined on 15.6.1978. Thereafter the clear stand of the petitioner is that vacancies arose in the post of Assistant Labour Commissioner in the year 1995 and after taking into account the seniority and examining the character roll as well as obtaining roster clearance, petitioner was found fulfilling all criteria for regular promotion: then by Notification No. 321 dated 30.6.1995 (Annexure-3) the petitioner was posted as incharge Assistant Labour Commissioner which post he Joined on 29.08.1995...


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