Patna Court October 2010 Judgments
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Urmila Devi. Vs. State of Bihar.
Court: Patna
Decided on: Oct-07-2010
(1)Both the First Appeals have been filed by the respective land owners against the common judgment and award dated 21.01.1993 passed by Sri J.N.Sharma, Land Acquisition Judge, Biharsharif, Nalanda by which the Land Acquisition Case No. 1 of 1992 and 2 of 1992 were disposed of.(2) It may be mentioned here that First Appeal No. 158 of 1993, arises out of L.A. Case No. 1 of 1992 and First Appeal No. 159 of 1993, arises out of L.A. Case No. 2 of 1992. The State of Bihar, respondent acquired the lands of the appellants of both the First Appeals for the purpose of 33/11 K.V. Sub Station and construction of staff quarters for the Electricity Department. The notification under Section 4 of the Land Acquisition Act was published in Gazette on 16.1.1991. Notification under Section 9 was issued on 09.10.1991. Total land was 1.4 acre, which has been acquired by the State of Bihar. In First Appeal No. 158 of 1993, arising out of L.A. Case No. 1 of 1992, the land involved is 0.935 acre whereas in F...
Kantishab. Vs. State of Bihar.
Court: Patna
Decided on: Oct-07-2010
1. The sole petitioner, while invoking inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, has prayed for quashing of an order dated 29.4.1998 passed by Smt. Sushma Sinha, Judicial Magistrate, Patna in Complaint Case No.382(c) of 1998. By the said order, learned Magistrate has taken cognizance of offence under Section 420 of the Indian Penal Code and directed for summoning the petitioner to face trial.2. Short fact of the case is that opposite party no.2 filed a complaint in the court of Chief Judicial Magistrate, Patna, which was registered as Complaint Case No.382(c) of 1998. The complaint was filed against the sole petitioner for the offence under Sections 406 and 420 of the Indian Penal Code. It was alleged that the complainant had approached the petitioner telephonically from his Patna office for distribution, exploitation and exhibition right of a picture, namely, LOHA in Hindi for the territory of Bihar and Nepal. Initially, the total amount ...
Smt. Sumitra Devi, and ors. Vs. Sachitanand Halwai.
Court: Patna
Decided on: Oct-07-2010
(1)The original defendant-plaintiff namely Smt. Piyari Devi and Smt. Sumitra Devi had filed this First Appeal against the judgment dated 29.4.1988 and the decree signed on 5.5.1988 by Sri Surendra Prasad Thakur, the learned Subordinate Judge II, Munger in title suit no. 39 of 1978 decreeing the plaintiff-respondent no. one's suit for partition to the extent of half share in the suit property. (2) It may be mentioned here that original appellant no. 1, Smt. Piyari Devi was the mother of appellant no. 2, Smt. Sumitra Devi. Plaintiff-respondent no. 1, Sachitanand Halwai is the husband of original appellant no. 2, Sumitra Devi. Both the appellants named above died during the pendency of the appeal. Earlier, appellant no. 1, Piyari Devi died. Therefore, her name was expunged on the ground that the only daughter is Sumitra Devi who is already on record. Subsequently, Sumitra Devi also died on 21.2.2005. Thereafter, Kedar Halwai filed a substitution application for being substituted in place ...
Hare Krishna Roy. Vs. State of Bihar.
Court: Patna
Decided on: Oct-06-2010
1. The sole petitioner, while invoking inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, has prayed for quashing of an order dated 3.10.2002 passed by Shri V.N. Singh, Judicial Magistrate, Saharsa in Saharsa P.S. Case No.97 of 2002, G.R. No.529 of 2002. By the said order, the learned Magistrate has taken cognizance of offence under Sections 467, 468, 471, 419 and 420 of the Indian Penal Code.2. Short fact of the case is that opposite party no.2 filed a written report before the Officer-in-charge of Saharsa Sadar Police Station alleging therein that one Pradeep Kumar Moitra along with others had cheated the complainant and many other persons on the ground of providing employment to the un-employed persons. For the purpose of giving employment by committing fraud, the accused Pradeep Kumar Moitra had collected huge amount from number of candidates and subsequently, it transpired that the complainant was cheated by the accused Pradeep Kumar Moitra in...
Rajendra Singh, and ors. Vs. State of Bihar, and anr.
Court: Patna
Decided on: Oct-06-2010
1. Four petitioners, who are Site Incharge, Kudankulam Nuclear Power Project, Tirunelveli, Tamil Nadu, Project Manager, Kudankulam, Tirunelveli, Tamil Nadu, Managing Director, Hindustan Construction Corporation and D.G.M., Hindustan Construction Corporation respectively, are before this Court, while invoking its inherent jurisdiction under Section 482 of the Code of Criminal Procedure with a prayer to quash an order dated 2.4.2003 passed by Sub Divisional Judicial Magistrate, Begusarai in Complaint Case No.165C of 2003. By the said order, the learned Magistrate, while taking cognizance of offence under Sections 323 and 379 of the Indian Penal Code, has directed for issuance of process against the petitioner.2. Short fact of the case is that opposite party no.2 claiming to be a Labour Contractor, filed a complaint in the court of Chief Judicial Magistrate, Begusarai, which was numbered as Complaint Case No.165C of 2003. In the complaint petition, it has been disclosed that the petitione...
Jyotirmay Roy. Vs. State of Bihar, and ors.
Court: Patna
Decided on: Oct-06-2010
1. Heard Sri S.N. Choubey, learned counsel for the petitioner, Sri Devi Kant Jha, learned counsel for the Opposite Party no. 3 and Sri Atul Chandra, Additional Public Prosecutor for the State. None appeared specifically on behalf of opposite party no. 2.2. This is an application under section 482 of the Criminal Procedure Code seeking quashing of the order dated 26.05.2003 passed by Chief Judicial Magistrate, Patna, in Complaint Case No. 1152(M)/2003, taking cognizance against the petitioner for the offence under section 29 of the Industrial Dispute Act (hereinafter referred to as the Act).3. The relevant admitted fact is that there is an award dated 5th September 2001 passed by Industrial Tribunal, Patna, in Reference Case No. 181/1999/6C/2001 published vide Notification dated 12.09.2001 and as per award, the management of UCO Bank was directed to (1) absorb Sri Shyam Kishore Pandey (opposite party no.3 here) in the permanent post of sub staff with other empanelled casual workers with...
Kunigal Ramaswamy Srikantan. Vs. State of Bihar, and anr.
Court: Patna
Decided on: Oct-06-2010
1. Three petitioners, while invoking inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, have prayed for quashing of an order dated 17.09.2002 passed by Sri B.D. Rai, Judicial Magistrate, 1st Class, Patna in Complaint Case No.1730 C of 2002. By the said order, the learned Magistrate has taken cognizance of offences under Sections 409,420,467,468, 471/120B of the Indian Penal Code.2. In this case, despite the fact that a counter affidavit on behalf of Opp.Party no.2 has been filed, none has appeared on his behalf at the time of hearing of the present case.3. Sri S.D. Sanjay, learned counsel appearing on behalf of the petitioners, submits that outside the court, settlement in between the parties has already arrived and due to that reason in respect of cases of two co-accused persons, this Court has already quashed the same order of cognizance. In this case, by order dated 17.09.2010, it was directed to list this case along with the record of Cr.Misc.N...
Birendra Tiwari. Vs. State of Bihar, and anr.
Court: Patna
Decided on: Oct-05-2010
1. The sole petitioner, who was proprietor of Patna Transport Organisation, has approached this Court while invoking its inherent jurisdiction under Section 482 of the Code of Criminal Procedure with a prayer to quash an order dated 10.8.1999 passed by Sri B.K.Tiwari, learned Judicial Magistrate, 1st Class, Patna in Complaint Case No. 505 ( C) of 1998. By the said order, the learned Magistrate has taken cognizance of offences under Section 407 and 120B of the Indian Penal Code.2. Short fact of the case is that Opp.Party no.2 filed a complaint in the court of learned Chief Judicial Magistrate, Patna, which was registered as Complaint Case No.505(C) of 1998 for the offences under Sections 407, 420/120B of the Indian Penal Code against the petitioner and his two Managers. The petitioner was arrayed as accused no.1 in the complaint case. It was alleged in the complaint petition that the complainant had booked consignment at Calcutta office of the accused for delivery of the same at Patna a...
Mostt.Gonauri Devi. Vs. Daulat Devi.
Court: Patna
Decided on: Oct-04-2010
(1) The plaintiff-appellants have filed this First Appeal against the Judgment dated 27.02.1987 and the decree following thereupon signed on 24.03.1987 by Sri Subhash Kumar Singh, the learned Subordinate Judge IVth Vaishali at Hajipur dismissing the plaintiff suit for partition.(2) The plaintiff-appellants filed the partition suit No.147 of 1983 alleging that both the parties had a common ancestor Raghunandan Bhagat. The said Raghunandan Bhagat had 4 sons, namely, Ram Khelawan Bhagat, Parmeshwar Bhagat, the defendant No.1, Rameshwar Bhagat, the plaintiff No.1 and Gorakh Bhagat, the plaintiff No.2. Ram Khelawan Bhagat died in 1947 leaving behind 2 sons, Brahmdeo Bhagat and Jagdeo Bhagat. The widow of Brahmdeo Bhagat and his two sons Chandrika Bhagat and Surajdeo Bhagat are plaintiff No.3, 4 and 5. The second son of Ram Khelawan Bhagat, namely, Jagdeo Bhagat is plaintiff No.6 and his 4 sons are plaintiff Nos.7 to 10. Parmeshwar Bhagat has two sons, Jai Narayan Bhagat and Vishwanath Prasa...
Keshari Prasad. Vs. State of Bihar, and anr.
Court: Patna
Decided on: Oct-01-2010
1. The original claimant was Keshri Prasad who had filed this appeal against the judgment and award dated 18.2.1993 passed by Sri Y.P. Bhagat, Sub Judge II, Arrah in Land Acquisition Case No. 4 of 1987. During the pendency of this appeal he died and his legal representatives have been substituted in his place, who are appellants.2. It appears that 1.86 acres of lands of the claimants- appellants comprising within plot Nos. 363, 364 and 447 within Khata Nos. 42, 43 and 39 were acquired by the State of Bihar for the purposes of constructing Bandh to prevent flood. The said lands were acquired in Land Acquisition Case 5/5 of 1983-84 and notification under Section 4 was notified in Gazette on 30.9.1983. Award No. 7 was prepared in the name of Keshri Prasad for Rs. 13,368.75 paise including the soletium and interest. The claimants-appellants filed application under Section 18 of the Land Acquisition Act praying for enhancement of the compensation on the ground that the market value of the l...
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