Patna Court January 2009 Judgments
Ram Lakhan Mahto Son of Late Sita Ram Mahto Vs. Hari Charan Mahto Son ...
Court: Patna
Decided on: Jan-23-2009
S.K. Katriar, J. 1. The plaintiff is the appellant against the judgment of affirmance. This appeal is directed against the judgment and decree dated 27.1.2004, passed by the learned Ist Additional District Judge, Patna, in Title Appeal No. 84 of 1996 (Ram Lakhan Mahto v. Hari Charan Mahto and Anr.), whereby he has dismissed the appeal preferred by the plaintiff (the appellant herein), and has affirmed the judgment and decree dated 17.4.1996, passed by the learned Sub-ordinate Judge I, Danapur, in Title Suit No. 61 of 1991 (Ram Lakhan Mahto v. Hari Charan Mahto and Anr.), whereby the suit was dismissed. In other words, the suit has been dismissed and affirmed in appeal. We shall go by the description of the parties occurring in the plaint.2. The plaintiff and defendant No. 1 (respondent No. 1 herein) are full brothers, and defendant No. 2 (Satyadeo Prasad) (respondent No. 2 herein) is the son of defendant No. 1. The genealogy of the parties is not in dispute and is reproduced hereinbel...
Tag this Judgment!Suresh Singh Son of Rajendra Prasad Singh Vs. the State of Bihar and S ...
Court: Patna
Decided on: Jan-23-2009
Abhijit Sinha, J.1. Through this application, one of the persons arrayed as accused in complaint case, bearing No. C 1-771 of 2001, has prayed for the quashing of the order dated 12.2.2002 passed by Sushri Sangita, Judicial Magistrate, First Class, Vaishali at Hajipur, whereby she has taken cognizance under Sections 420, 467, 468 and 120B I.P.C.2. It appears that initially the complainant Shiv Kumar Singh, impleaded as Opp. Party No. 2 herein, had filed Complaint Case No. C1-647 of 1999, which had been transmitted to the concerned Police Station under Section 156(3) Cr.P.C. on the basis whereof Hajipur Town P.S. Case No. 140 of 1999 came to be registered. After due investigation, the police submitted final form and the protest petition filed by the complainant in the meantime proceeded as a complaint case, which is the instant case.3. It is averred by the petitioner in paragraph-2 of this application that he had filed Cr. Misc. No. 19270 of 2004 against the order dated 12.2.2002, whic...
Tag this Judgment!Rakesh Kumar S/O Sohan Gope Vs. the State of Bihar and Sri Laxman Ram, ...
Court: Patna
Decided on: Jan-23-2009
Abhijit Sinha, J. 1. This application by the petitioner whose name cropped up in course of investigation of Laheri P.S. Case No. 121 of 2006 registered under Sections 272, 273, 406, 409, 420 and 120B I.P.C. and Section 47(A) of the Bihar Excise Act is for the quashing of the entire criminal prosecution arising therefrom.2. Briefly stated the prosecution case is that under the order of the District Magistrate, Nalanda at Biharsharif the raiding party was constituted for verification in connection with illegal sale of illicit liquor and on receipt of confidential information a sudden raid at about 12.10 A.M. in the night of 29/30-8-2006 was made in the godown of Ally Food Warehouse, Kantapar, Biharsharif where a tanker, bearing Registration No. MP-09KB-6566 was found parked, from which labourers were draining out spirit. On verification, it was found that there was no valid papers for the spirit, following which the Excise Superintendent was called for at the spot and query was made in ...
Tag this Judgment!Sushma Kumari Shrivastava Wife of Premadhar Srivastava Vs. the State o ...
Court: Patna
Decided on: Jan-23-2009
1. Petitioners intend to offer their candidature for appointment to the post of Librarian but because of the fact that they have crossed the upper age limit, their prayer is that no upper age limit be fixed for appointment to the post of Librarian.2. The State Government in exercise of its power conferred under Article 243G of the Constitution of India and Sections 73 and 146 of the Bihar Panchayat Raj Act, 2006 framed Bihar Zila Parishad - Madhyamik Awam Uchchttar Madhyamik Shikshak (Niyojan Awam Seva Shart) Niyamawali, 2006.3. Rule 4 (Ga) which provides for the age limit for eligibility, reads as follows:x vk;q% ftl o'kZ fu;kstu fd;k tk jgk gks ml o'kZ ds igyh vxLr dks mEehnokj dh vf/kdre vk;q lhek ogh gksxh A tks jkT; ljdkj dkfeZd ,oa iz'kklfud lq/kkj foHkkx }kjk le; le; ij fu/kkZfjr dh tk; A fodykax mEehnokjks dks vf/kdre mez lhek esa 10 o'kZ dh NwV nh tk;sxhAijUrq f'k{kd dh izf'kf{kr Js.kh ds fu;kstu ds izFke ,oa f}rh; fu;kstu esa vf/kdre mez lhek {kkUr jgsxhA4. Thus, the aforesa...
Tag this Judgment!In Re: Pyrites, Phosphates and Chemicals Ltd. (In Liquidation)
Court: Patna
Decided on: Jan-22-2009
S.N. Hussain, J.1. I.A. No. 6620 of 2008 (Flag-82): Put up this interlocutory application on January 29, 2009.2. I.A. No. 5339 of 2008 (Flag-75): Office has reported that pages 23 to 26 are faint. Hence, learned Counsel for the applicant is directed to supply readable typed copy of the same within one month. Put up this application after one month.3. Application dated November 12, 2008 (Flag-85): This application has been filed on behalf of Sri Kamal Arora, who was the highest bidder of schedule IV property of the company in liquidation situated in the district of Dehradun.4. The contention of the applicant is that he had deposited the entire consideration money of the bid amounting to Rs. 5,26,00,000 and when the sale deed executed by the official liquidator was presented before the registering authorities, the said authorities stated that the said deed cannot be taken as a sale deed, rather it has to be taken as a certificate of sale issued in pursuance of the public auction and hen...
Tag this Judgment!Bihar State Agriculture Marketing Board (Abolished) Through Its Admini ...
Court: Patna
Decided on: Jan-22-2009
1. Respondent - appellant aggrieved by the order dated 16th September, 2008 passed by the learned Single Judge in CWJC. No. 8254 of 2007, has preferred this appeal under Clause - 10 of the Letters Patent.2. Short facts giving rise to the present appeal are that the writ petitioner - respondent No. 1 was an employee of the Bihar State Agriculture Marketing Board (hereinafter referred to as 'the Board'). The Act by which the Board - appellant herein, was created got repealed by the Bihar Agriculture Produce Market (Repealing) Act, 2006 (hereinafter referred to as 'the Act'). Section - 6 of the Act provides for absorption of officers and employees of the appellant Board. Section 6 of the Act which is relevant for the purpose reads as follows:Section 6 (i) On and from the date of repeal of the Act, all officers and employees of the Board shall remain in employment, as if the Act has not been repealed and they shall continue to be paid same salary and allowances as was payable on the date ...
Tag this Judgment!Narendra Kumar Pandey @ Sunil Pandey Vs. the State of Bihar and ors.
Court: Patna
Decided on: Jan-19-2009
S.P. Singh, J.1. Heard learned Counsel for the parties.2. In the writ petition, the petitioner prays for amalgamating Aurangabad (Town) Police Station case No. 281 of 2006 dated 26.8.2006 under Sections 386/34 I.P.C. with Budha Colony Police Station case No. 156 of 2006 dated 26.8.2006 under Sections 385, 386/34 of the I.P.C.3. Before considering the points raised by the petitioner, it would be relevant to notice the facts of the case in brief which arc as follows:4. One V.G. Naidu, Manager of Vijay Electrical Limited filed a written report before the Superintendent of police stating that on 24.8.2006, one Narendra Pandey alias Sunil Pandey, MLA of Piro Assembly consetuency and one Butas Tiwary, contractor of Station came to his office at 12.45pm along with three persons, two of them were in police uniform having arms. The aforesaid Sunil Pandey threatened the informant to kill him if does not allot work to Butas Tiwary. Accused persons remained in the informant's office for about on...
Tag this Judgment!Rama Kant Rai Son of Shri Mandyal Rai Vs. the State of Bihar and ors.
Court: Patna
Decided on: Jan-16-2009
Shailesh Kumar Sinha, J.1. The petitioner is aggrieved by order No. 1780/93 dated 6th of March, 1993, passed by the Senior Superintendent of Police, Patna (respondent No. 6), as contained in Memo No. 2697 dated 7th of March, 1993. vide Annexure 1 to the writ application, whereby the petitioner, who was a Constable in the Police Force, was dismissed from service. The petitioner was dismissed for the serious misconduct on account of committing rape on the minor daughter of another Constable after forcibly dragging her from her house and confined her in his own room and committing the rape several times despite serious protest made by her. The girl was rescued in the evening by her father when he forcibly opened the door of the petitioner. The victim as well as the petitioner was medically examined by the doctor, who confirmed the commission of the rape, on account of which there was a huge resentment amongst the other Constables and the employees of the Police Force. The statement of t...
Tag this Judgment!Neelam Kumari Vs. the State of Bihar and ors.
Court: Patna
Decided on: Jan-16-2009
Ramesh Kumar Datta, J.1. Heard learned Counsel for the petitioner and learned Counsel for Respondent No. 8 in the first case, who is also the petitioner in C.W.J.C. No. 12925/2008.2. Both the writ applications pertain to the same matter and they have been heard together and are being disposed of by this common order.3. The petitioner, Neelam Kumari, in C.W.J.C. No. 13840 of 2008 seeks quashing of the order contained in memo No. 1221 dated 4.9.2008 (Annexure-14) issued under the signature of the District Panchayat Raj Officer, Muzaffarpur, i.e., Respondent No. 5, by which it has been informed that in view of Section 18(4)(i) of the Bihar Panchayat Raj Act, 2006, the Aam Sabha of Gram Panchayat Raj Tengrari under Meenapur Block of Muzaffarpur District will be held on 18.9.2008 at 11.00 A.M. in the B.R.C. Campus and for further consequential reliefs.4. The petitioner in C.W.J.C. No. 12925/2008, namely, Bisahwanath Prasad Kushwaha, on the other hand, has prayed that effect should be given...
Tag this Judgment!Ram Kumar Singh, Son of Ramdev Singh Vs. the State of Bihar Through It ...
Court: Patna
Decided on: Jan-16-2009
1. In this writ application prayer of the petitioner is to declare the prescription for qualification for appointment to the post of Assistant Teacher as illegal and ultravires.2. Short facts giving rise to the present application are that the petitioner had passed the B.A. (Hons.) examination in Political Science. The State government issued guidelines for appointment of teachers including Secondary School Teachers. Paragraph 10(viii)(Ga) provides as follows:x lkekftd foKku & lkekftd foKku ds vUrZxr oSls Lukrd ;ksX;rk/kkjh vH;FkhZ;ks dks fu;kstu gsrq lEefyr fd;k tk ldrk gSA tks Lukrd Lrj ij lgk;d fo'k; izfr'Bk fo'k; ds vUrZxr bfrgkl] vFkZ'kkL=] Hkwxksy ,oa jktuhfr'kkL= fo'k; esa ls fdlh nks fo'k; es mRrh.kZ gks ftlesa ls vfuok;Zr% ,d fo'k; bfrgkl ;k Hkwxksy vo'; gksA3. For appointment to the post of Assistant Teacher in Social Science, according to the aforesaid policy, a candidate having graduate's degree is made eligible only when at the graduation/Hons. level he had passed in two ...
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