Patna Court April 2008 Judgments
Sat Pal Singh Bhatiya Vs. Basanti Devi and anr.
Court: Patna
Decided on: Apr-15-2008
S. Nayer Hussain, J.1. This Civil Revision has been filed by the defendant-petitioner under the Proviso to Sub-section (8) of Section 14 of the Bihar Buildings (Lease, Rent & Eviction) Control Act, 1982 (hereinafter referred to as 'the Act' for the sake of brevity) challenging the order of his eviction passed by learned Munsif-II, Rohtas vide judgment and decree dated 16.09.2005 in Eviction Suit No.10 of 2001.2. The aforesaid suit was filed on behalf of plaintiff-opposite parties for eviction of the sole defendant-petitioner from one shop room situated in Dehri-on-Sone on the ground of personal necessity of the plaintiffs, out of whom plaintiff No. 1 was the wife of plaintiff No. 2. The claim of the plaintiffs was that the suit premises belonged to plaintiff No. 2, who is an old person and hence his wife, namely, plaintiff No. 1 had been receiving rent on his behalf. It was also claimed that the plaintiffs had a son, who was unemployed, whereas, plaintiff No. 1 had training in sewing...
Tag this Judgment!Bihar State Co-operative Marketing Union and ors. Vs. Basant Prasad Si ...
Court: Patna
Decided on: Apr-15-2008
Shiva Kirti Singh and Rekha Kumari, JJ.1. Heard learned Counsel for the appellants as well as the respondents in all these 15 Letters Patent Appeals which have been heard together because common issues of law are involved and employer in respect of all the writ petitioners happens to be BISCOMAUN. It may be clarified here that in the first 14 Letters Patent Appeals, BISCOMAUN is the appellant and has challenged the order passed in favour of writ petitioners who claimed regularization on various class IV posts or benefits of alleged regularization on such posts and such prayers have been allowed by the learned Single Judge. The remaining Letters Patent Appeal is by an employee whose similar prayer stands rejected by the learned Single Judge.2. At the outset it may be relevant to point out that Upendra Prasad Singh-the respondent employee in LPA No. 1017 of 1999 is said to have died on 18.11.2001 and the appellant BISCOMAUN has not taken step for substituting his heirs. In that view of ...
Tag this Judgment!Mithilesh Thakur and ors. Vs. Radha Devi and ors.
Court: Patna
Decided on: Apr-15-2008
S.N. Hussain, J.1. This civil revision has been filed on behalf of the plaintiffs-petitioners challenging order dated 19.10.2006 by which the learned Munsif I, Darbhanga, fixed the valuation of the suit property described in Schedule II of the plaint at Rs. 40,000.00 in Partition Suit No. 89 of 1992.2. The aforesaid suit was filed by the plaintiffs for partition of 8.93 dhurkies land described in Schedule II of the plaint from 1 katha, 12.88 dhurkies of land described in Schedjule I of the plaint. The plaintiffs' claim was based upon their purchase of Schedule II land. The defendant 1st Party appeared in the suit and filed her written statement, in paragraph 31 of which specific averment was made and undertaking was given to buy the share of the transferee plaintiffs.3. After hearing the said suit was decreed and the claim of defendant 1st Party was rejected by the 1 earned Munsif I, Darbhanga vide judgment and decree dated 28.02.1997 Against the said judgment and decree, defendant 1...
Tag this Judgment!Rameshwar Yadav and ors. Vs. State of Bihar Thru. Cbi
Court: Patna
Decided on: Apr-15-2008
Dharnidhar Jha, J.1. I have heard Shri Bishwanath Prasad Sinha, learned Senior counsel appearing for the petitioners and Shri Bipin Kumar Singh, learned Counsel appearing for the C.B.I.2. Skeletal facts of the case may be noticed. The deceased Rajesh Kumar alias Raju was apprehended with some quantity of illegal liquor in his possession and as per the prosecution story, these five petitioners and others, while apprehending him, assaulted him with fists and sticks. The man was brought to the police lock up and put in there. The further part of the prosecution story is that the deceased was assaulted by accused Ajit Kumar Verma and Ajay Kumar Rai causing injuries to his head and eyes. After investigating the case fully,- the C.B.I, submitted chargesheet against the five petitioners and some others as per details given in Annexure-A.3. The post-mortem examination on the dead body was initially held by Dr. Arun Kumar Singh (P.W. 17), Tutor, Department of Forensic Medicine, Patna Medical C...
Tag this Judgment!Shanti Devi Vs. the State of Bihar and ors.
Court: Patna
Decided on: Apr-11-2008
Ajay Kumar Tripathi, J.1. Petitioner wants quashing of order dated 30.5.2007 passed by Patna Municipal Corporation, the respondent No. 3 in Plan Case No. 4B of 2007 by virtue of which the petitioner has been directed to demolish her house within fifteen days because the house in question has not been constructed on a piece and parcel of land for which the post facto sanction was granted by the respondent PRDA but on a piece and parcel of land which is not the plot for which the sanction was obtained.2. Petitioner claims to have purchased a piece and parcel of land by way of sale deed executed on 25.7.1991. The land is supposed to have an area of 2.912 sq. fit and located on survey plot No. 366 (p) as would be evident from annexure-1. The said land was mutated as per the petitioner in her name and rent was being paid to the State. Thereafter a double storied house was constructed as a dwelling house. This was done without obtaining any prior approval from the respondent PRDA as it the...
Tag this Judgment!Narendra Narayan Das Vs. State of Bihar and ors.
Court: Patna
Decided on: Apr-11-2008
Ajay K. Tripathi, J.1. By virtue of order dated 20-12-2006 contained in Annexure-4, the State Election Commissioner, while exercising power under Section 135(1) of the Bihar Panchayat Raj Act, 2006 (hereinafter referred to as the Act) has disqualified the petitioner from the post of Mukhlya, Ballour Gram Panchayat in the District of Darbhanga on the ground that the petitioner was a Nepali citizen and therefore, is not entitled to occupy the elected office under question. Petitioner wants the impugned order, therefore, to be set aside in the present writ application.2. A complaint was filed by one Shri. Sunil Kumar Jha of Ballour Village on the ground that Shri. Narendra Narayan Das, the petitioner in the present writ application by making a false declaration had contested the election to the post of Mukhiya, even though, he is a resident of House No. 55 D.S.P. Road, Ward No. 3 of Viratnagar, Nepal and is a Nepalese citizen having citizenship No. 1177/031/32. Based on the said complain...
Tag this Judgment!Amarjeet Kumar Vs. State of Bihar
Court: Patna
Decided on: Apr-11-2008
Abhijit Sinha, J.1. The petitioner, who is the sole F.I.R. named accused in S. Tr. No. 1028 of 2006, arising out of Gardanibagh (Shastrinagar) P.S. Case No. 189/06, has prayed for quashing of the order dated 16.10.2006 passed therein by Sri Kamal Kishore Sinha, learned Presiding Judge, Fast Track Court.-III, Patna, whereby he has framed charges against the petitioner for offences under Sections-365, 366(A), 376, 342/34 I.P.C.2. According to the prosecution case, one B.K. Jha submitted a written report on 19.2.2006 before the Officer Incharge of Shastrinagar Police Station, inter alia, alleging that on 14.2.2006 he had lodged a Sanha No. 145/14 about the missing of his minor daughter, Amrita, who had not returned back to the house and that he had come to know from a reliable source that one Amarjeet, a resident of Village- Dehuli, had kidnapped his daughter with the help of other persons as a few months preceding thereto Amrita had slapped him for eve teasing and Amarjeet had extended ...
Tag this Judgment!Bashist Pandey and anr. Vs. State of Bihar and anr.
Court: Patna
Decided on: Apr-11-2008
Abhijit Sinha, J.1. The two petitioners, who are F.I.R. named accused in S.Tr. No. 210 of 2000 arising out of Chanpatia P.S. Case No. 110 of 1992, have prayed for quashing of order dated 20.9.2004 passed therein by the learned IVth Additional Sessions Judge, West Champaran at Bettiah, whereby he has allowed the application Under Section 319 Cr.P.C. filed by the Opp. Party No. 2 and has summoned the petitioners to face trial.2. Ramawati Devi, wife of Suresh Sah gave her fardbeyan at 6.00 P.M. on 31.5.1992 and on the basis thereof an F.I.R. was drawn up on 2.6.1992. The prosecution case, in brief, is that on 13.1.1992 Suresh Sah had gone to the Sugar Mill to deliver the sugarcane of Birendra Kuwar and no male member was present in the house as her father-in-law, Dhuri Sah, was sleeping at the Darwaia of Birendra Kuwar. It has been alleged that about 10-11.00 P.M., tractor drivers, Lallu Mian, Samsher Mian and Basisth Pandey, all henchmen of Birendra Kuwar, and Dasai Dhobi, servant of Bi...
Tag this Judgment!Janardan Pd. Singh @ Janardan Singh Vs. the State of Bihar and ors.
Court: Patna
Decided on: Apr-10-2008
Navin Sinha, J.1. Heard the learned Counsel for the petitioner and the learned Counsel for the State. The petitioner who was a Havildar at the relevant point of time is before this Court assailing the order of the appellate authority imposing punishment of one black mark under Rules 835 and 837 of the Bihar Police Manual. The Rules describes it as a major punishment.2. The petitioner was placed under suspension and departmental proceedings were initiated against him. A charge based on preliminary enquiry and recording statement of certain witnesses was that while posted as House Guard at the residence of District Magistrate, Madhubani he regularly used abusive and un parliamentary languages against the Commandant, Bihar Military Police 13, Darbhanga and complained that it was because of the Commandant that the petitioner could not be promoted to the post of Jamadar and in this manner he had suffered financial loss to the extent of Fifty Thousand rupees. The charge, therefore, was of u...
Tag this Judgment!Sudhir Kumar Ojha Vs. the State of Bihar and ors.
Court: Patna
Decided on: Apr-09-2008
C.K. Prasad, ACJ, Barin Ghosh, J.N. Singh, JJ.1. Lawyers from all over the State are protesting hike in court fees by the Court Fee (Bihar Amendment) Act 2007. They are abstaining from their professional work before all the Courts, Tribunals and Authorities including this Court. This has virtually paralysed their functioning.2. Mr. Shyama Prasad Mukherjee, Senior Advocate appears on behalf of the petitioner as also the Coordination Committee of the Lawyers of the High Court. Mr. Rajendra Prasad Singh, Senior Advocate, represents the various Bar Associations of the Civil Courts of the State.3. We expressed our concern to the members of the Bar about the existing situation. We are glad to record that they responded positively.4. Learned Advocate General states that enhancement of court fees is under review by a Group of Ministers constituted for the purpose in which due representation shall be given to the Associations of Lawyers of the Civil Courts as well as that of the High Court. On...
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