Patna Court February 2008 Judgments
Ram Belas Singh Vs. Uttamraj Singh and ors.
Court: Patna
Decided on: Feb-28-2008
S.N. Hussain, J.1. This civil revision has been filed on behalf of defendant No. 2-petitioner challenging order dated 10.09.2007 by which the learned Subordinate Judge, 3, Rohtas, rejected petitioner's petition under Order VII Rule 11 of the Code of Civil Procedure filed in Title Suit No. 393 of 2006.2. The aforesaid suit was filed by plaintiffs-Opposite Parties 1st Set for declaration that sale deeds dated 24.07.2006 executed by defendant No. 1 in favour of defendant No. 2 was illegal, void, without any legal necessity, without consideration, without authority and not binding against the plaintiffs with respect to Schedule B land of the plaint and also for a decree of partition of their 3/4th share in Schedule A land of the plaint and for other ancillary reliefs.3. Defendant No. 2- petitioner, who happens to be the father of the plaintiff-Opposite Parties 1st Set, filed his written statement asserting inter alia that the suit for partition flied by the daughters during the life time...
Tag this Judgment!Mahendra Swarup Shrivastav Vs. Bihar State Co-operative Marketing Unio ...
Court: Patna
Decided on: Feb-28-2008
S.N. Hussain, J.1. The petitioner is aggrieved by his dismissal from the post of Depot Manager in Bihar State Co-operative Marketing Union Limited (hereinafter referred to as the 'BISC DMAUN' for the sake of brevity) ( respondent No. 1) by order dated 28.06.2001 (annexure-1) passed by the Administrator, BISCOMAUN, Patna ( respondent No. 2) and also seeks quashing of the entire departmental proceeding initiated against him.2. A preliminary objection raised on behalf of the respondents is that as per the Staff Regulation of BISCOMAUN there is a provision of appeal against the final order of dismissal and hence there being an efficacious alternative remedy available to the petitioner, this writ petition is not maintainable. It is not in dispute that BISCOMAUN is a Co-operative Society registered under the Bihar Co-operative Societies Act, 1935 managed by a Managing Committee-as per Section 14 of the Act, but subsequently on 31.07.1988 it was superseded under Section 41 of the Act and an...
Tag this Judgment!Sudhir Kumar Singh Vs. the State of Bihar and ors.
Court: Patna
Decided on: Feb-28-2008
Sudhir Kumar Katriar and Kishore K. Mandal, JJ.1. This appeal in terms of Clause 10 of the Letters Patent of the Patna High Court has been preferred by the petitioner of C.W.J.c. No. 5120 of 1998 Sudhir Kumar Singh v. The State of Bihar and Ors. and is aggrieved by the judgment dated 30.9.1999, whereby the writ petition was dismissed and the various orders leading to dismissal of the petitioner from the Bihar Police Force have been upheld. We shall go by the description of the parties occurring in the writ petition.2. The writ petitioner (the appellant herein) was a permanent Constable in the Bihar Police Force of the Bihar Government and was, at the relevant point of time, posted in the Rail Police Centre, Patna. The D.S.P., Railways, Patna, had submitted a complaint against him on 31.7.1996, wherein it was stated that he had on 30.7.1996 reached Patna junction station at 7.00 A.M. by Shramjeevi Express, He found the petitioner checking the railway ticket of a passenger on platform ...
Tag this Judgment!Smt. Ahilya Devi and ors. Vs. Sachindra Kishore Prasad Singh and ors.
Court: Patna
Decided on: Feb-28-2008
S.N. Hussain, J.1. This civil revision has been filed by defendant-petitioner challenging order dated 29.01.2005 by which the learned Subordinate Judge, 6, Samastipur, rejected his petition for stay of Partition Suit No. 166 of 2003 till the disposal of Partition Suit No. 108 of 2003 pending in the court of Subordinate Judge, 6, Samastipur.2. The aforesaid Partition Suit No. 166 of 2003 was filed by the plaintiffs-Opposite Parties 1st Set for partition of their half share in the suit properties of Samastipur and Patna and also for declaration that the sale deed dated 20.01.2003 executed by defendant No. 1 (original petitioner) in favour of defendant No. 5 was illegal, fraudulent, void, inoperative and not bin ling on the plaintiffs and also for cancelling the same and for other ancillary reliefs. It transpires that defendant No. 1-petitioner appeared in he suit and filed a petition dated 17.12.2004 for stay of proceeding of the aforesaid suit (P.S. No. 166 of 2003) till the disposal ...
Tag this Judgment!Shri Shankar Bhagwan and ors. Vs. the State of Bihar and ors.
Court: Patna
Decided on: Feb-28-2008
S.N. Hussain, J.1. I.A. No. 13 of 2008 has beer filed by the petitioners for expunging the name of Opposite Party No. 6 Md. Tauhid from the record of this case as he had died on 05.03.2002 much before the filing of this civil revision. The said Opposite Party No. 6 was a defendant in Title Suit No. 44 of 1988, out of which this civil revision has arisen, but he had neither filed his written statement, nor was contesting the suit. In the said circum stances, the said interlocutory application is allowed. Let the name of Opposite Party No. 6 be expunged.2. This civil revision has been filed by the plaintiffs challenging order dated 20.10.2006 by which the learned Subordinate Judge 9, Gopalganj, dismissed their petition for amendment of plaint in Title Suit No. 44 of 1998.3. The aforesaid suit was filed by the petitioners for declaration that the suit properties described in Schedule I of the plaint belonged to Plaintiffs 1st and 2nd Partes under the Hindu Religious Trust and also that ...
Tag this Judgment!Life Insur. Corpn. of India and ors. Vs. Smt. Jharo Devi and anr. and
Court: Patna
Decided on: Feb-27-2008
Rekha Kumari, J.1. First Appeal No. 337 of 1977 and First Appeal No. 338 of 1977 filed by the Life Insurance Corporation of India (hereinafter referred to as the Corporation) and others arise out of the same judgment dated 17.1.1977 passed by the 3rd Additional Subordinate Judge, Munger in Money Suit No. 1 of 1970/1 of 1976 and Money Suit No. 13 of 1969/ 2 of 1976 and as such they have been heard together and this judgment would govern both the appeals. Money Suit No. 1 of 1970/1 of 1976 was filed by the original respondent Smt. Jharo Devi against the appellants and Money Suit No. 13 of 1969/2 of 1976 was filed by respondent Tilak Yadav against the appellants and the suits were disposed of by the above common judgment. Smt. Jharo Devi was widow of Late Sundar Mahto and Tilak Yadav is the son of Sundar Mahto.2. The plaintiffs had brought the suits being nominees of Sundar Mahto for recovery of Rs. 14,191/- and 27,827/- inclusive of interest being due under Insurance Policy Nos. 100620...
Tag this Judgment!Ram Bahadur Yadav and ors. Vs. State of Bihar
Court: Patna
Decided on: Feb-27-2008
Shyam Kishore Sharma, J.1. Appellants Nos. 2 to 4, namely. Ram Swarath Yadav, Karam Chand Yadav and Ram Chandra Yadav were found guilty under Section 323 of the Indian Penal Code and were convicted thereunder but instead of substantive sentence, they have been released on probation bonds of Rs. 1000/- with one surety for a period of one year to maintain peace and be of good behaviour to the effect that during the aforesaid period whenever called upon they will appear in Court and receive the sentence and appelant No. 1 Ram Bahadur Yadav was found guilty under Sections 325 and 323 of the Indian Penal Code and was convicted thereunder and was sentenced to undergo rigorous imprisonment for three years and six months respectively by judgment dated 7-6-1993 passed by Sri V.K. Sharrna, 2nd Additional Sessions Judge, Saharsa in Sessions Trial No. 8/35 of 1987/88. Both the sentences were ordered to run concurrently.2. The prosecution case is based on fardbeyan (Ext. 1) which was recorded on 4...
Tag this Judgment!Mahadeo Rai and ors. Vs. State of Bihar
Court: Patna
Decided on: Feb-27-2008
S.K. Sharma, J.1. Initially five persons have filed this appeal but one of them namely, Pyare Rai, died during pendency of this appeal. So his name has been expunged from the array of the appellants vide order dated 10-1-2008.2. Appellant No. 1 Mahadeo Rai was convicted under Section 307 of the Indian Penal Code and was sentenced thereunder to undergo rigorous imprisonment for five years and other appellants namely, Sahdeo Rai, Subhash Rai alias Ranjan Kumar and Pannu Rai were convicted under Section 147 of the Indian Penal Code and out of these three appellants, two appellants namely, Sahdeo Rai and Pannu Rai were sentenced to undergo rigorous imprisonment one year each and appellant Subhash Rai alias Ranjan Kumar was given the benefit of the provisions of Probation of Offenders Act and was directed to be released on execution of probation bond of Rs. 2000/- with two sureties of the like amount each for a period of one year with a direction that in the meantime, he shall keep the pea...
Tag this Judgment!Patna High Court Lawyers Association Vs. State of Bihar and ors.
Court: Patna
Decided on: Feb-26-2008
C.K. Prasad, Brain Ghosh and S.K. Sinha, JJ.1. This application has been filed by the Bihar State Electricity Board for restraining the various Trade Unions from going on strike from 27.2.2008 in the light of the notice given by them dated 16th of January, 2008.Let all the Unions as detailed in the notice be impleaded as respondents.2. Mr. Luxmi Kant Tiwari takes notice on behalf of the newly added respondents.3. Affidavits have been filed on behalf of the State Government duly sworn by the Secretary to the Government of Bihar in the Department of Energy as also the Bihar State Electricity Board sworn by its Secretary.4. In the affidavits they have stated that in the process of restructuring service conditions of all the serving employees shall not in anyway be adversely affected and they shall continue to serve in the same status and pay scale as obtaining on the day the new company is incorporated.5. In view of aforesaid, Mr. Tiwary on instructions undertakes not to proceed with the...
Tag this Judgment!Bandera Muraul Navyatayat Swablambi Sahkari Samiti Ltd. Vs. State of B ...
Court: Patna
Decided on: Feb-26-2008
Mihir Kumar Jha, J.1. Heard learned Counsel for the petitioner and learned Counsel for the State as well as learned Counsel for Respondent No. 6.In this writ application a prayer has been made by the petitioner to the following effect: (i) An appropriate writ order or direction quashing the settlement of ghats mentioned in para 8 below within the area of operation of the petitioner society, made with the respondent No. 6 be issued(ii) An appropriate writ order or direction commanding the respondent 1st party to make settlement of the three ghats falling within the area of operation of the petitioner society with the petitioner within a time frame, be issued.Mr. Yogendra Mishra, learned Counsel appearing for the petitioner has firstly submitted that in view of the fact that the impugned settlement with the respondent No. 6 was only for the year 2007-08 which period was to be completed in a month i.e. on 31.3.2008, he no longer intended to assail the order of settlement in favour of res...
Tag this Judgment!- ‹ Prev
- 2
- 3
- 4
- 5
- 6
- 7
- Next ›
- Last »