Patna Court January 2007 Judgments

Smt. Sudama Devi Vs. Bibi Shalma Khatoon

Court: Patna

Syed Md. Mahfooz Alam, J.1. This Second Appeal has been preferred against the judgment dated 18th September, 1989 and decree dated 25.9.89 passed by Sri L.W. Kujur, Second Additional District & Sessions Judge, Munger, in Title Appeal No. 30 of 1988 reversing the order of dismissal of the suit dated 23.4.1988 passed in Title Suit No. 45 of 1985 by Sri Gauri Shanker Poddar, Sub-Judge IV, Hunger.2. The brief facts of the case is as follows:The plaintiff-respondent Bibi Salma Khatoon filed Title Suit No. 45 of 1985 in the Court of Sub-Judge, Hunger, stating therein that the defendant-appellant Smt. Sudama Devi offered her to sell the suit land and the plaintiff-respondent agreed to purchase the suit land for a valuable consideration of Rs. 7500/-. Thereafter, Bayanama (agreement for sale) was executed by the defendant-appellant in favour of the plaintiff-respondent on 28.4.83 after payment of Rs. 7,000/-. As per the terms and conditions incorporated in the Bayanama, it was agreed that the...

Brij Mohan Singh Vs. Smt. Krishna Shahi and ors.

Court: Patna

Reported in: 2007(1)BLJR635

1. Heard learned counsel for the appellant and learned counsel for the respondents at length.2. This Misc. Appeal is directed against order dated 07.09.2001, by which the learned Subordinate Judge, Patnacity, rejected the petition of the plaintiff-appellant filed in Title Suit No. 15 of 1999 for grant of injunction restraining the defendant-respondents from alienating the suit properties.3. The aforesaid title suit was filed by the appellant and respondents fourth set for partition of the suit properties, which they claimed to be the ancestral properties, in which, according to them, they had 1/4th share in Schedule-II properties and half share in Schedule-III properties. The genealogy is admitted as the common ancestor Bhirgu Prasad Narayan Shahi had two sons, namely, Ram Prasad Narayan Shahi and Ram Rekha Prasad Narayan Shahi, out of which Ram Prasad Narayan Shahi had only a daughter Rama Devi, who was the mother of plaintiffs No. 1 to 4, mother-in-law of plaintiff No. 5 and grandmot...

Bachan Prasad Vs. the State of Bihar and ors.

Court: Patna

Ramesh Kumar Datta, J.1. Heard Mr. Nanhe Prasad, learned Counsel for the petitioner, learned JC to Government Advocate No. 5, for the State and Mr. Rakesh Kumar Singh, learned Counsel for the Accountant General, Bihar.2. The petitioner seeks a direction upon the respondents to grant him promotion on the post of Circle Inspector-cum-Kanungo with effect from the date his juniors have been granted the said promotion with all Consequential benefits including the retirement benefits.3. The petitioner was appointed on the post of Karamchari in the district of Munger on 19.8.1969. Subsequently his services were transferred under the Collector and District Magistrate, Bhojpur which place he joined on 10.3.1983. Subsequently, a final gradation list of Revenue Karamchari working in Patna Division was circulated by letter No. 2268 dated 3.12.1999 of the Secretary to Commissioner, Patna Division and reports were called for from all the Collectors of the division for the purposes of considering th...

Sharda Choudhary Vs. the State of Bihar and ors.

Court: Patna

S.N. Hussain, J.1. Heard learned counsel for the petitioner, learned counsel for the State of Bihar, learned counsel for the State Election commission and learned counsel for private respondent No. 6.2. This writ petition has been filled for quashing order dated 13.09.2006 (Annexure 1) passed by the State Election Commission, Bihar, allowing Case No. 43 of 2006 filed by respondent No. 6, namely, Mahendra Sharma and declaring the election of the petitioner on the post of Member, Zila Parishad, Begusarai, Area No. 26 as illegal.3. Learned counsel for the petitioner submitted that the age of the petitioner is 22 years, which was clearly mentioned in the nomination paper and affidavit filed by the petitioner on 22.03.2006 before the authorities concerned for contesting the election of Member of Zila Parishad, Begusarai, Area No. 26. He also stated that on 02.06.2006 the election was held and result was declared, in which the petitioner was declared successful and much thereafter on 10.08...

Tarkeshwar Singh Vs. State of Bihar and anr.

Court: Patna

Ghanshyam Prasad, J.1. Heard.2. The sole petitioner sought for quashing of the order dated 9-8-2006 passed by Sri V.P. Tiwary, Judicial Magistrate, Saran at Chapra in U.T. Case No. 157 of 2006 thereby and thereunder the learned Magistrate has taken cognizance against the petitioner and others under Sections 342, 364A and 379, I.P.C.3. The alleged occurrence took place during preliminary election held in 1999. The uncle of the opposite party No. 2 was kidnapped as a result of political rivalry, He has not yet been traced out, First of all the opposite party No. 2 lodged police case before Mashrak P.S. bearing case No. 222 of 1999 arraying this petitioner and others as accused, The police after investigation found the case true but did not find complicity of this petitioner and other named accused. However, on the basis of the protest petition filed by the opposite party the complaint case was registered and the learned lower Court after holding enquiry under Section 202, Cr. P.C. has t...

Bhupendra Narayan Sinha @ Bhupendra Prasad Sinha Vs. the State of Biha ...

Court: Patna

V.N. Sinha, J.1. Heard learned Counsel for the petitioner and the State.2. Petitioner is aggrieved by the order dated 24.11.2004, Annexure-6, passed by the Collector, Banka, whereunder his case for appointment on Class IV post in response to the Advertisement No. 13/98 dated 24.4.1998, Annexure-2 has been refused on the ground that the petitioner served as Class IV candidate peon in the district of Munger and not in the district of Banka as appointment in terms of the advertisement dated 24.4.1998, Annexure-2 was to be made on Class IV post in the Collectorate at Banka.3. Learned Counsel for the petitioner has assailed the said order on the ground that the order is violative of Articles 14 and 16 of the Constitution of India as also the terms of the advertisement which does not mandate that work experience earned in the district of Banka shall only be taken into account for appointment on Class IV post in terms of the advertisement dated 24.4.1998, Annexure-2. In this connection he ha...

Dr. Ajay Kumar Vs. the State of Bihar and ors.

Court: Patna

S.N. Hussain, J.1. Heard learned Counsel appearing for the petitioner and learned Counsel appearing for the State.2. This writ petition has been filed for quashing that part of the Government Notification bearing No. 5 M(3) 104/85-P, Pa. 4329 dated 1.5.1985 (Annexure-3) by which the services of the Block Animal Husbandry Officers have been placed under the Rural Re-Construction and Panchayati Raj Department and the Block Development Officer has been made local controlling authority of the Block Animal Husbandry Officers. It is further prayed that respondents authorities be restrained from utilising the services of the petitioner for any purpose other than those enumerated in the said notification dated 1.5.1985 specially when they do not form part of the regular duty to be performed by a Block Animal Husbandry Officer as envisaged in the said notification.3. Learned Counsel for the petitioner submitted that the petitioner is a Veterinary Doctor having passed the Bachelor of Science an...