Patna Court August 2009 Judgments

Dashrath Prasad Singh @ Dashrath Prasad Son of Late Ram Prasad Singh a ...

Court: Patna

ORDERAbhijit Sinha, J.1. The members of the second party in a proceeding under Section 144 Cr. P.C. pending before the Sub Divisional Magistrate, Sheikhpura, being Case No. 678 (M) of 2008, have filed this application for quashing of the order dated 25.12.2008, passed therein by the learned Sub Divisional Magistrate, Sheikhpura, whereby he has initiated a proceeding under Section 144 Cr. P.C. and passed prohibitory orders, prohibiting both parties from going over the lands which have been specified in the said order. A further prayer has also been made for quashing of the notice issued in pursuance thereof.2. According to the petitioners, a license had been issued by the Gram Panchayat, Shamas Khurd, in favour of Sanjeet Kumar of village Babhan Bigha for running a cattle haat bearing Registration No. 1 of 2008 in respect of Plot Nos. 135, 137, 83, 92, 98, 101, 81, 84 and 85 under the Bihar Panchayat Raj Act, 2006 (hereinafter referred to as 'the Act'). Having obtained the said license ...

Mostt. Sofia Begum @ Sofia Khatoon, Vs. the State of Bihar and ors.

Court: Patna

Ravi Ranjan, J.1. Heard learned Counsel for the petitioners and learned Counsel appearing for the State.2. The writ petitioners, who are heirs of the deceased land holder, Md. Ishaq Alam, are aggrieved by the order dated 12.9.2000 passed by the Respondent No. 2.3. Learned Counsel for the petitioners submitted that a land ceiling proceeding was initiated against late Md. Ishaq Alam. It is stated that the lands under the proceedings belonged to late Md. Musa, who had four sons and daughters including Md. Ishaq Alam, against whom a land ceiling proceeding had been initiated. It is further stated that during his life time, Md. Musa made oral gifts in favour of his sons and daughters and put them in exclusive possession of the gifted lands. The ceiling proceeding was, thereafter, initiated only against Md. Ishaq Alam showing him to be the land holder of the entire land. It is the case of the petitioner that for the time being, aforesaid Md. Ishaq Alam became mentally ill and, thus, could no...

Md. Laiqur Rahman Son of Late Abdus Samad Vs. the State of Bihar and J ...

Court: Patna

Mandhata Singh, J.1. This application is directed against the order dated 8.7.2005 passed by Additional Sessions Judge-II, Purnea in Cr. Revision No. 486 of 2001 setting aside the order dated 28.7.2001 passed by Chief Judicial Magistrate, Purnea in Complaint Case No. 764 of 1999.2. A complaint was filed alleging therein that the complainant's wife deserted him. Thereafter to discharge his liability regarding his girl Rabina Khatoon aged about 16-17 years, he handed over her in custody of Laiqur Rahman, petitioner of this case for working to him as maid. After one year he came back but his daughter was not returned back to him. He was apprehending that there was possibility of disposal of his girl for prostitution or for immoral purpose.3. To corroborate the allegation he examined three enquiry witnesses but the learned Magistrate dismissed the complaint petition finding no prima facie case that was challenged in revision that was allowed also but some mistake has been committed by lear...

Vidya Devi Vs. the Union of India (Uoi) and ors.

Court: Patna

Shailesh Kumar Sinha, J.1. As prayed for on behalf of the petitioner, let Director General, Border Security Force, Pushpa Bhawan, Madan Giri, New-Delhi-62 be added as Respondent No. 6.2. Heard learned Counsel for the petitioner and the State.3. The claim of the petitioner is for payment of Family Pension upon death of her son who was working as a Constable in the Border Security Force.4. The son of the petitioner died on 4.12.2002. The petitioner, thereafter, approached the authorities for sanction of Family Pension. The request for sanction of Family pension was rejected and communicated to the petitioner as per letter dated dated 21.11.2006 as contained in Annexure-8 enclosing the copy of the letter number PAD/18-106680(42)/PN-III/BSF/2002 dated 13.11.2006 wherein it has been stated that on verification it is found that the annual income of the father of the deceased stood at Rs. 43,592/- out of which Rs. 42,592/-was from Pension which he was receiving as a retired Government servant...

Mukta Arts Limited Vs. Ankit Films a Proprietorship Firm of Sri Anand ...

Court: Patna

ORDERDharnidhar Jha, J.1. The present revision petition has been filed by the petitioner Company, which was directed by the Arbitrator appointed under Arbitration Rules of Bihar Motion Pictures Association to pay to the opposite party a sum of Rs. Five lacs.2. There was some dispute between M/s Ankit Films, Patna and M/s Mukta Arts Limited, Mumbai on pre-mature telecast of a particular film as it does not appear denied that the terms of contract indicted that the film was never to be telecast pre-maturely and within five years of its release. It is not disputed that the film was telecast on a particular satellite channel before it was released for being shown in different Cinema Halls and, as such, M/s Ankit Films, Patna, i.e., opposite party herein, presented its dispute to the Arbitrators who were already existing under the Rules of Arbitration of the Bihar and Jharkhand Motion Pictures Association.3. By an award dated 25.6.2007 the arbitrators held that the petitioner had breached t...

Sunita Kumari and Etc. Vs. Prem Kumar

Court: Patna

Reported in: AIR2009Pat183

Shiva Kirti Singh, A.C.J.1. The issue referred to the Full Bench for adjudication at the very initial stage of filing of present appeals is whether these appeals under Section 19 of the Family Courts Act, 1984 (hereinafter referred to as 'the Act'), preferred against the judgment and order of a Family Court should be treated and recorded as First Appeal or as Miscellaneous Appeal. This issue being an issue of law does not require going into the facts of the appeals.2. However, some facts which may be helpful in deciding the issue in question, relate to Miscellaneous Appeal No. 191 of 2009 and are noticed in brief. This appeal has been filed against an order dated 19-2-2009 passed in Misc. Case No. 11 of 2000 by Principal Judge, Family Court, Muzaffarpur whereby and whereunder the judgment and decree dated 7-10-1966 obtained by the appellant's husband against the private respondent, the wife of the appellant has been set aside on accepting the plea of the respondent wife that the ex par...

State of Bihar Vs. Mahendra Ram and Munna Ram

Court: Patna

Navin Sinha, J.1. The present appeals arise from the judgment of conviction and sentence dated 26.6.2008 of the Additional District & Sessions Judge, Fast Track Court No. V, Munger. Death Reference No. 13 of 2008 arises also out of the same judgment of conviction and order of sentence as required by Section 366 Cr.P.C. Six persons were charged under Sections 302/34. 120B, 225 and 504 of the Penal Code, 3 & 4 Explosives Substances Act. Three have been acquitted.2. Appellant Mahendra Ram and Munna Ram have been convicted and sentenced to death under Sections 302/34, 120B of the Penal Code and Sections 3 & 4 of the Explosive Substances Act. Accused Upendra Ram has been convicted and sentenced to life imprisonment with fine and in default to one year rigorous imprisonment under Section 302/34, 120B IPC and one year rigorous imprisonment under Section 504 IPC. He has further been sentenced to ten years rigorous imprisonment each under Section 3 & 4 of the Explosive Substances Act to run con...

Namira Construction Private Limited and Seraj Anwar S/O Late SirajuddI ...

Court: Patna

ORDERRamesh Kumar Datta, J.1. The petitioners have filed the present writ application for quashing of the letter No. 215 dated 25.10.2007 issued by the Chief Executive Officer, Bihar State Shia Wakf Board, Abedin House, Fraser Road, Patna (in short 'the Wakf Board') to the Superintendent of Police (Town) Patna stating that the Wakf Board had not sanctioned and approved any development agreement with regard to the Wakf property in question, namely, Hasan Manzil situated at Fraser Road, Patna either through its Mutawalli or by Wakf Board authorizing anyone or builder to construct building over the said property yet construction was going on in the Wakf premises and accordingly requesting for immediate necessary action ensuring safety and security of the said Wakf property; as also for quashing of the letters dated 7.11.2007 and 8.11.2007 issued by respondent No. 5, the Sub-Divisional Officer, Sadar, Patna and respondent No. 6, the Circle Officer, Sadar, Patna directing the Officer Inchar...

Hemlata Belwariar W/O Late Hari Ram Belwariar, Vs. Ram Prasad Ojha S/O ...

Court: Patna

Ravi Ranjan, J.1. Heard learned Counsel for the parties.2. The petitioners are aggrieved by the order dated 13.09.2006, passed in Misc. Case No. 9/2005 by the Execution Munsif 1st, Patna, whereby the application of the petitioners filed under Order IX Rule 4 of the Code of Civil Procedure for restoration of Title Suit No. 19/1983 to its original file after recalling the order of dismissal dated 24.11.2005 had been dismissed.3. The petitioners filed Title Suit No. 19/1983 for declaration that the defendants therein had no right to open a passage towards the plaintiffs plot No. 1002. In addition to that, further relief for permanently restraining all the defendants from demolishing the northern boundary wall of the plaintiff's aforesaid plot was also sought.4. It was contended on behalf of the petitioners that the defendants - opposite parties appeared in the title suit concerned but subsequently left the case unattended and, ultimately, the suit was decreed. The decree was levied to exe...

The Union of India (Uoi) Through the Chairman, Telecommunication Now B ...

Court: Patna

S.K. Katriar and J. Saran, JJ.1. This writ petition is directed against the order dated 8.4.2004 (Anexure-2), passed by the Central Administrative Tribunal, Patna Bench, Patna in O.A. No. 524 of 2002 (Shri Shailendra Kumar v. Union of India and Anr.), whereby the order dated 9.5.2001, passed by the authorities has been set aside and they have been directed to allow the applicant (respondent No. 1 herein) to complete his training course for the remainder period of Probationary Junior Telecom Officer. The writ petition is further directed against the order dated 17.1.2005 (Annexure-3), passed by the learned Tribunal in R.A. No. 34 of 2004 (Bharat Sanchar Nigam Limited, Bihar Circle, Patna v. Sri Shailendra Kumar), whereby the Corporation's review application has been rejected.2. A brief statement of facts essential for the disposal of the writ petition may be indicated. Jalandhar Sao, the father of respondent No. 1 herein, was in the Corporation's employment. He died on 21.2.1977, while ...