Patna Court August 2009 Judgments
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Dr. Binod Kumar Son of Sri Munshi Sharma Vs. the State of Bihar and Vi ...
Court: Patna
Decided on: Aug-03-2009
ORDERAbhijit Sinha, J.1. The petitioner who has been arrayed as the sole accused in Complaint Case No. 400(C) of 2006 has prayed for quashing of the order dated 6.5.2006 passed therein by the learned Chief Judicial Magistrate, Nalanda at Biharsharif, whereby he made over the Complaint Case to the learned Sub-Divisional Judicial Magistrate, Nalanda at Biharsharif under Section 192(1) Cr.P.C. for enquiry and trial without taking any cognizance as also the order dated 5.7.2006 passed therein by the transferee court whereby he has taken cognizance against the petitioner for offences under Sections 420 and 120(B) I.P.C. and Section 138 of the Negotiable Instruments Act (hereinafter referred to as 'the N. I. Act').2. Unfortunately, the petitioner has challenged two different and distinct orders of two different stages in this application which is neither permissible nor in consonance with law. A Division Bench of this Court by order dated 7.11.2008 passed in I.A. No. 1052 of 2008 in connecti...
Sundari Devi Wife of Sidheshwar Prasad Singh and ors. Vs. Dudheshwar S ...
Court: Patna
Decided on: Aug-03-2009
Mandhata Singh, J.1. This application is directed against the order dated 4.12.2001 passed by Sub-divisional Judicial Magistrate, Sadar Gaya in Misc. Case No. 1315 of 2001 by which a proceeding under Section 144 Cr.P.C has been converted into one under Section 145 Cr.P.C.2. Initially a petition was given on behalf of opposite party No. 1 and 2 concerning apprehension of breach of peace for the land which was subject matter of Second Appeal pending before the High Court without mentioning number of second appeal basing which a proceeding under Section 144 Cr.P.C. was initiated. Parties were asked to show cause. They filed their respective show cause giving detail of the disputed land, admitting that ownership and possession was challenged in a T.S. No. 22/76 in which ownership as well as the possession was claimed by both the parties but decided in favour of petitioners that was confirmed in appeal (T.A. No. 44/98) also but even then opposite party No. 2 was apprehending breach of peace...
Gauri Shankar Prasad Son of Late Ram Bhajan Shah Vs. Lakshman Prasad B ...
Court: Patna
Decided on: Aug-03-2009
ORDERAbhijit Sinha, J.1. The plaintiff of Eviction Suit No. 27 of 2001 has preferred this revision under Section 115 C.P.C. for setting aside the order dated 5.1.2007 passed therein by Sri Rajiv Ranjan, Munsif 1st Court, Darbhanga, whereby he has allowed the petition dated 22.11.2006 filed by defendant No. 2 (Opp. Party No. 1 herein) for recalling the order dated 18.7.2002 and thereby rectified the earlier order dated 18.7.2002 ordering for proceeding against defendant No. 2 (Opp. Party No. 1 herein) ex parte.2. It appears that the Eviction Suit had been filed by the plaintiff on various grounds including the ground of defendant No. 1 having sub-let some portion of the land-cum- building under his tenancy to defendant No. 2 without the landlord's consent in contravention of Sub-section (1)(a) of Section 11 of the Bihar Buildings (Lease, Rent and Eviction) Control Act (hereinafter referred to as 'the B.B.C. Act'). It further appears that after the plaintiff's evidence was over and as ma...
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