Patna Court December 2010 Judgments
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Dr.Zakir HussaIn Primary Teach. Vs. State of Bihar, and ors.
Court: Patna
Decided on: Dec-09-2010
1. The order dated 06.12.2006 whereby a learned single Judge of this Court dismissed writ petition preferred by the appellants bearing CWJC No. 11428 of 2006 in limine on the ground of delay, latches, negligence and acquiescence is under challenge in the Letters Patent Appeal which has been heard together with a connected writ petition.2. The writ petition has been preferred by the Principal of the Institution which is appellant no.1 in the appeal, challenging a letter bearing no. 90 dated 09.04.2009 issued by the Home Resources Development, Government of Bihar whereby an earlier departmental letter contained in Memo No. 254 dated 04.09.1997 (Annexure-3 to the writ petition and Annexure-4 to the L.P.A.) under which the Institution/College was granted recognition, has been cancelled on the ground that the recognition was granted contrary to bar created by Section 16 of the National Council For Teacher Education Act, 1993 (NCTE Act, 1993). As per the writ petitioner, the impugned order d...
Naresh Paswan. Vs. the State of Bihar.
Court: Patna
Decided on: Dec-06-2010
1. Appellants Ramchel Paswan, Dasrath Paswan, Bhudeo Paswan, Hardeo Paswan & Bidya Thakur of Cr. Appeal no. 81 of 1989 and Naresh Paswan of Cr.Appeal no.152 of 1989 have preferred the two appeals against the judgment dated 08th February, 1989 passed by learned 07th Additional Sessions Judge, Bhagalpur in Sessions Trial no. 154 of 1988 / 162 of 1988 whereby the learned Judge has convicted appellant Naresh Paswan under Section 302 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life whereas for offence under Section 148 of the Indian Penal Code he was sentenced to undergo rigorous imprisonment for two years. His sentences were ordered to run concurrently. Other appellants have been convicted under section 302/149 of the Indian Penal Code and they have been sentenced to undergo rigorous imprisonment for life and these appellants have also been convicted under Section 148 of the Indian Penal Code with a sentence of rigorous imprisonment for two years but both se...
Surya Narayan Ram, and ors. Vs. Singheshwar Ram, and ors.
Court: Patna
Decided on: Dec-03-2010
1. This second appeal has been filed by defendants- appellants-appellants challenging judgments and decree of both the courts below. 2. The matter arises out of Title Suit No.104 of 1977 which was filed by plaintiffs-respondents-respondents for declaration that they were the rightful owners of the suit land measuring 40 ft x 10 ft bearing Plot No.295 and that the defendants had no manner of right, title and interest therein and also for declaration that survey map and record of rights prepared by the revisional survey authorities published on 01.09.1977 by including the suit land in Plot no.298 appertaining to Khata no.147, of Thana no.288, Tauzi no.3260 under Colgong Police Station within the District of Bhagalpur, in the name of defendant no.1 was wrong and incorrect. The plaintiff further sought a decree of permanent injunction restraining defendant no.1 from interfering with the possession of the plaintiffs. 3. The defendants appeared and contested the case of the plaintiff claimin...
Smt.Sarda Devi, and ors. Vs. Smt.Ratan Mala Devi, and ors.
Court: Patna
Decided on: Dec-03-2010
1. This second appeal has been filed by defendant 1st party- appellants-appellants challenging the judgments and decree of both the courts below.2. The matter arises out of Title Suit No. 98 of 1981, which was filed by plaintiff-respondent-respondents first set with respect to a brick-built house over 2 kathas of land bearing municipal survey plot nos. 12525 and 12524 of Touzi no.416 bearing Jamabandi no. 572 and 560 within Thana no.22 appertaining to Holding no. 350 under Jamalpur Police Station Sakahrapali in the district of Munger for the following reliefs:-(i) Declaration of title of the plaintiff over the suit property and confirmation of her possession over the same. (ii) Restraining defendants first party by permanent injunction from interfering with the plaintiff's title and possession over the suit property.(iii) Declaration that the decree passed in Title Suit No. 10 of 1979 by Munsif Ist Court, Munger and the sale-deed dated 02.12.1980 executed by the court on behalf of Gulo...
Bidyanand Singh. Vs.
Court: Patna
Decided on: Dec-03-2010
1. In this writ petition, the petitioner has prayed for quashing of the orders contained in Annexures 1 and 3 passed by the Deputy Director Consolidation, Head Quarter, Patna and the Consolidation Officer, Guraul respectively.2. The short facts are that respondent no. 5 had filed an application before respondent no. 2 for correction of the entry made in the revisional survey. The case of respondent no.5 is that C. S. Khesra No. 1860 and 1861 measuring 9 decimals was purchased by a registered sale deed, dated 28.3.1955. After the execution of the sale deed, respondent no. 5 has been living on the said plots of land which contains a house and the court yard. In the revisional survey plot nos. 1860 and 1861 were numbered as plot no. 4802 and was entered in the name of ancestor of respondent no.5. However, instead of entering 9 decimals in the revisional survey khatiyan, it was shown to measure 8 decimals only. It is the case of respondent no. 5, that 1 (one) decimal of land was included o...
Yugal Kishore Mahto, and anr. Vs. State of Bihar.
Court: Patna
Decided on: Dec-02-2010
1. Heard learned counsel for the petitioners, learned Additional Public Prosecutor for the State and learned counsel for the opposite party no. 2.2. The two petitioners have sought quashing of K.Hat Police Station Case No. 149 of 2005 including the order dated 30.01.2006 passed by Sub-Divisional Judicial Magistrate, Purnia taking cognizance for the offences under Section 409, 420 and 34 of the Indian Penal Code.3. The relevant facts of this case is that the petitioners were posted respectively as In-charge, District Manager and In- charge, Assistant Accounts Officer of the State Food Corporation at Purnia against whom besides another a case was instituted on the report of Dr. D.P. Upadhaya, In-charge, District Manager with the assertion that co-accused Surendra Prasad, Deputy Manager, Dhamdaha and Bhawanipur, godowns of State Food Corporation got huge amount worth Rs. 59,59,348.53 defaulcated and the petitioners were also cooperated in such defaulcation by not properly inspecting the g...
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