Patna Court September 2009 Judgments

Sudhanshu Mauli Tripathi Son of Sri Umakant Tripathi Vs. Meena Kumari ...

Court: Patna

Reported in: 2010(58)BLJR195

Jyoti Saran, J.1. This appeal under Section 19 of the Family Courts Act 1984, is directed against the judgment and order dated 29.7.1995, passed in Matrimonial Case No. 20 of 1990/141 of 1992 (Sudhanshu Mauli Tripathi v. Meena Kumari @ Daijee and Anr.), by the learned Principal Judge, Family Court, Patna, dismissing the suit for divorce filed under Section 13 of the Hindu Marriage Act, 1955 (hereinafter referred to as 'the Act')The appeal under Section 19 of the Family Courts Act lies before this Court and is to be heard on facts as well as on law. For the sake of convenience, we shall refer to the position of the parties as it existed at the stage of the suit.2. The petitioner, Sudhanshu Mauli Tripathi, the husband, had filed a petition-cum-plaint under Section 13 for grant of a decree of divorce-cum-annulment of marriage from the defendant No. 1, Meena Kumari. The case of the petitioner as set out in the plaint is that his parents were looking for an educated girl having atleast a Gr...

Dr. Ranjit Kumar S/O Ramjiwan Kumar Vs. National Board of Examinations ...

Court: Patna

Reported in: 2010(58)BLJR151

V.N. Sinha, J.1. Heard learned Counsel for the petitioner and the Union of India.2. Petitioner applied for admission in Super Specialty Course pursuant to National Board Centralized Entrance Test Super Specialty Course (CET-NBE) 2009. He became successful and was placed at Sl. No. 2 in the merit list below Dr. Sanjay Prakash, who was issued call letter for admission on 25th March, 2009 by the I.G.I.M.S., Patna i.e. after the expiry of the last date fixed for such admission. As Dr. Sanjay Prakash, who was above the petitioner did not choose to join the course, petitioner applied for admission on the ground that he being placed just below Dr. Sanjay Prakash be considered for admission in the Super Specialty Courses at I.G.I.M.S., Patna. The request of the petitioner was not considered. He, accordingly, filed writ petition bearing C.W.J.C. No. 7761 of 2009, which was disposed of under order dated 10.7.2009 directing the authorities of the National Board of Examinations to consider the req...

State Vs. Ramdeo Prasad

Court: Patna

Reported in: 2010(58)BLJR214

Dharnidhar Jha, J.1. The solitary convict Ramdeo Prasad was tried by the Ist Additional Sessions Judge, Siwan, in Sessions Trial No. 417 of 2006 for the charges under Sections 376 and 302 of the Indian Penal Code. By the judgment of conviction dated 6th of September, 2008, the respondent was held guilty of committing the two offences and was sentenced to death by order dated 9th of September, 2008 and, as such, the present Death Reference under Section 366 of the Code of Criminal Procedure for confirmation of the order of sentence passed by the learned Judge.2. The respondent has not preferred an appeal, understandably because he could challenge the findings upon which the orders of conviction and sentence are based as if he had preferred an appeal. Finding that the respondent is under sentence of death, the Court requested Shri Ashwani Kumar Singh, Senior Advocate of the Court, to assist it in hearing and disposing of the present Death Reference, as may appear from order dated 19.8.20...

Om Prakash Gupta Son of Late Ram Bharat Sah (Ram) Vs. Arbind Kumar Son ...

Court: Patna

S. Nayer Hussain, J.1. This civil revision has been filed by the sole defendant-appellant-petitioner challenging order dated 07.06.2008, by which the learned Additional District Judge-cum-F.T.C.-II, Madhepura, dismissed Misc. Appeal No. 05 of 2006, which was filed by the petitioner challenging order dated 07.08.2006, passed by the learned Civil Judge, Sr. Division, Madhepura, dismissing Misc. Case No. 01 of 2004 filed by the petitioner under Order IX Rule 13 of the Code of Civil Procedure (hereinafter referred to as 'the Code' for the sake of brevity ).2. This civil revision arises out of Title Suit No. 75 of 2002, which was filed by the sole plaintiff-respondent-opposite party against the sole defendant-appellant-petitioner for specific performance of contract on the basis of an alleged agreement dated 08.01.1998 for selling 8 dhurs of land with house for a consideration of Rs. 50,000.00, out of which Rs, 19,000.00 was paid as advance. It was incorporated in the said agreement for sal...

Bihar Sugar Mills Association and ors. Etc. Etc. Vs. the State of Biha ...

Court: Patna

Reported in: AIR2010Pat29,2010(58)BLJR175

P.K. Misra, C.J.1. In these writ petitions, the primary challenge is to the validity of the provisions contained in Section 3(1) of the Bihar Electricity Duty Act, 1948 (hereinafter referred to as the Act) and also regarding the validity of the notification issued by the State Government fixing the rate of duty payable by the various sugar mills and other organizations generating electricity in their own power plants.The Act was enacted for the levy of duty on the sale and consumption of electrical energy in the State of Bihar. Its validity was once challenged in the Patna High Court mainly on the ground of lack of legislative competence. In decision reported in Indian Aluminium Co. and Anr. v. State of Bihar 1992(1) PLJR 55, the validity of Section 3(2) of the Act was upheld by observing that the electricity duty imposed was a 'tax' and not a 'fee' and the State had the necessary legislative competence.1.1 The present challenge is on account of amendment to Section 3(1) and the conseq...

Merck Limited Through Its Director R.L. Shenoy S/O R. Achutha Shenoy V ...

Court: Patna

Ramesh Kumar Datta, J.1. The petitioner-Company has come to this Court for quashing/setting aside the award dated 31.7.2007 (Annexure-1) passed in Reference Case No. 5 of 2006 by the Presiding Officer, Labour Court, Patna by which he has held the order of transfer dated 21.1.2005 with respect to respondent No. 3 Sri Nalin Sinha from Patna to Hissar Head Quarter w.e.f. 1.2.2005 to be perverse and not sustainable in the eye of law and directed the petitioner to allow him to join at his previous place, i.e., Patna with full back wages and other consequential benefits.2. Shorn of unnecessary details the facts of this case are that respondent No. 3 was appointed as Medical Representative by appointment letter dated 24.6.1986 (Annexure-2) w.e.f. 1.4.1986. The detailed terms and conditions of his service were enumerated in the said appointment letter. In paragraph-15 of the same it was provided that it is a condition of his appointment that his services can be utilized at any place in India a...

Rakesh Kumar Singh Son of Shri Sharda Nandan Singh Vs. the Union of In ...

Court: Patna

Reported in: 2010(58)BLJR256

P.K. Misra, C.J.1. This LPA has been preferred against the order of the learned Single Judge dated 06.01.2009 rejecting the prayer of the Appellant for quashing the order dated 18.06.1999 passed by Respondent No. 3 dismissing him from service.2. The facts of the case are as follows:3. The Appellant was appointed as a Constable in C.R.P.F. on 06.04.1991 and had proceeded on casual leave w.e.f. 04.08.1998 to 17.08.1998. Before the expiry of his leave, as is revealed from Annexure-3 the order of dismissal, on 10.08.1998 the Appellant informed the authorities that he was admitted in the hospital and therefore unable to resume his duties. However, on 21.08.1998 he was directed to report for duty to which the Appellant sent an application on 29.09.1998 explaining that he was unable to join on account of leg injury and the Doctor had advised him four weeks' rest. Without bothering to take note of this, once again on 06.09.1998, i.e. just four days later the authorities directed the Appellant ...

Vijay Kumar Chaudhary Son of Yogendra Prasad Choudhary Vs. the State E ...

Court: Patna

Reported in: 2010(58)BLJR172

Shiva Kirti Singh, J.The appellant was declared elected to the post of Mukhia of Mahinathpur Gram Panchayat in the district of Madhubani (Bihar) in the last election. Soon thereafter a complaint case bearing No. 2 of 2007 was filed before the State Election Commissioner, Bihar. That case was heard on several dates, the State Election Commissioner allowed the parties to produce evidence and also got the matter enquired by the District Magistrate, Madhubani who submitted a report to the State Election Commissioner against the appellant that he had acquired Nepali Citizenship when he attained the age of 17 years and his father and one of his brothers were also citizens of Nepal. Considering all the evidence and materials, the State Election Commissioner by order dated 25-5-2007, passed in exercise of power under Section 136(i)(a) of the Bihar Panchayat Raj Act (hereinafter referred to as the 'Act') disqualified the writ petitioner/appellant from holding the post of Mukhia. The said post w...

Sri Ashok Goenka Son of Late Kedarnath Goenka and Proprietor Premier S ...

Court: Patna

Ramesh Kumar Datta, J.1. In both these Miscellaneous Appeals identical issues arise on practically the same set of facts and therefore with the consent of the parties the matters have been heard together and are being disposed of by this common order at the stage of admission itself.2. M.A. No. 38/04 is directed against the order dated 24.11.2003 passed by the Ist Sub-Judge, Danapur in Title Suit No. 24 of 2003 by which he has allowed the petition dated 17.4.2003 filed by the plaintiffs-respondents Ist Set under Order 39 Rules 1 and 2 read with Section 151 of the Code of Civil Procedure and directed that the defendants-appellants shall not make attempt to dispossess the plaintiffs from the disputed land till the disposal of the suit.3. M.A. No. 39 of 2004 is also directed against the order dated 24.11.2003 passed in Title Suit No. 19 of 2003 by which also a petition dated 17.4.2003 under the same provisions has been allowed in the same terms.4. The defendants-appellants and the defenda...

Vijay Kumar Chaudhary, Son of Yogendra Prasad Choudhary Vs. the State ...

Court: Patna

Shiva Kirti Singh, J.1. The appellant was declared elected to the post of Mukhia of Mahinathpur Gram Panchayat in the district of Madhubani (Bihar) in the last election. Soon thereafter a complaint case bearing No. 2 of 2007 was filed before the State Election Commissioner, Bihar. That case was heard on several dates, the State Election Commissioner allowed the parties to produce evidence and also got the matter enquired by the District Magistrate, Madhubani who submitted a report to the State Election Commissioner against the appellant that he had acquired Nepali Citizenship when he attained the age of 17 years and his father and one of his brothers were also citizens of Nepal.. Considering all the evidence and materials, the State Election Commissioner by order dated 25-5-2007, passed in exercise of power under Section 136(i)(a) of the Bihar Panchayat Raj Act (hereinafter referred to as the 'Act') disqualified the writ petitioner/appellant from holding the post of Mukhia. The said po...