Patna Court April 2010 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
S. Ali Imam Son of S. Zakir HussaIn Vs. the State of Bihar and Manish ...
Court: Patna
Decided on: Apr-13-2010
Rakesh Kumar, J.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 5.1.1998 passed by Smt. Rita Mishra, Judicial Magistrate, Patna. By the said order, learned Magistrate has taken cognizance for offence under Section 406 of the Indian Penal Code in Complaint Case No. 1297 of 1997.2. Short fact of the case is that the complainant, who claims to be nephew of one Binod Kumar, had hired a double storied building from Binod Kumar and thereafter, he established a Poly-clinic in the name and style of Banarsi Das Parasram House, which is commonly known as B.P. Hospital. It was alleged in the complaint petition that the petitioner, who was a doctor by profession, was employed on the salary basis in the said hospital. Subsequently, after the hospital started running smoothly, the petitioner got his wife and son employed in the said hospital and after the hospital was fully estab...
Sanjeet Lal Pathak Son of Late Kala Chand Pathak Vs. the Union of Indi ...
Court: Patna
Decided on: Apr-12-2010
Sudhir Kumar Katriar and Kishore Kumar Mandal, JJ.1. This writ petition is directed against the order dated 28.02.2005, passed by the learned Central Administrative Tribunal, Patna Bench, in O.A. No. 240 of 1999 (Sanjeet Lal Pathak v. The Union of India and Ors.), whereby the writ petition has substantially been allowed, and the petitioner has been directed to be reinstated in service, but without arrears of salary.2. A brief statement of facts essential for disposal of this writ petition may be indicated. The petitioner was appointed as an Extra Departmental Packer (for short 'EDP.), in Banka post office, on 26.12.1997. He joined as such on 29.12.1997. By an innocuous looking order dated 16.03.1999(Annexure-6), his services were dispensed with. The petitioner challenged the same by preferring O.A. No. 240 of 1999, which has been allowed by the impugned order dated 28.02.2005, whereby the respondent authorities have been directed to reinstate him with the following direction:8. In the ...
Ram Kailash Prasad S/O Jawahar Sah Vs. the State of Bihar and ors.
Court: Patna
Decided on: Apr-12-2010
Rakesh Kumar, J.1. The sole petitioner, who was complainant in Complaint Case No. C 106 of 1997, has invoked inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure with a prayer to quash the order dated 30.1.1999 passed by Sessions Judge, Motihari in Cr. Revision No. 47 of 1998. By the said order, learned Sessions Judge has set aside the order dated 4.12.1997 whereby S.D.J.M., Raxaul at Motihari had taken cognizance of offence under Sections 420 and 500 of the Indian Penal Code and under Sections 3 and 4 of the Dowry Prohibition Act,1961.2. Shri Raj Dular Sah, learned Counsel appearing on behalf of the petitioner submits that the learned Sessions Judge, while exercising its revisional jurisdiction, had acted as if he was an appellate court and that too contrary to the facts and evidence, which were brought on record during the enquiry by the learned S.D.J.M. in Complaint Case No. C 106 of 1997.3. Short fact of the case is that the petitioner after break...
Basisth Mandal Son of Late Jahru Mandal and ors. Vs. the State of Biha ...
Court: Patna
Decided on: Apr-12-2010
Rakesh Kumar, J.1. The petitioners, eighteen in number, have approached this Court for quashing of the order dated 11.1.1999 passed by Sri Om Prakash Singh, Judicial Magistrate, 1st Class, Munger in Complaint Case No. 520C of 2008. By the said order, the learned Magistrate had taken cognizance for the offences under Sections 494,406,504,120B of the Indian Penal Code.2. The short facts of the case is that the complainant-Opp.Party No. 2 filed a complaint in the court of Chief Judicial Magistrate, Munger, disclosing therein that his marriage was solemnized with Bindu Devi ( petitioner No. 3) on 17.2.1997 in the premises of Baba Mansu Kamna Nath, Nath Nagar, Bhagalpur. After solemnization of the marriage petitioner No. 3 lived with the complainant at Nadia Tola, Bariarpur, which is in the district of Munger. It was alleged in the complaint petition that subsequently on 5.6.1997, the accused Dilip Mandal (petitioner No. 4) performed vidagiri of his sister and while going, the wife of the c...
The State Bank of India Through the Chief General Manager and ors. Vs. ...
Court: Patna
Decided on: Apr-12-2010
Navin Sinha and Dinesh Kumar Singh, JJ.1. This Letters Patent Appeal arises from a judgement and order dated 11.11.1998 passed by a Bench of this Court in C.W.J.C. No. 7239/97. The Appellant Bank is aggrieved by the conclusion arrived at holding that the rejection of the claim for compassionate appointment was not tenable in law and the Bank has been directed to consider the case of the petitioner for such appointment in light of the scheme of the Bank.2. The father of the petitioner was employed as a messenger in the Appellant Bank at its branch at Raxaul.3. He was deceased in harness on 29.2.1996. The petitioner then applied for compassionate appointment on 22.3.1996 which was rejected on 22.4.1997.4. An uncontroverted fact emerging from the decision of this Court is that disciplinary proceedings were initiated against the father of the petitioner while he was in service, but which remained inconclusive as the delinquent was deceased during the pendency of the same. A First Informati...
State of Bihar Vs. Chandeshwari Yadav and ors.
Court: Patna
Decided on: Apr-12-2010
Dharnidhar Jha and Akhilesh Chandra, JJ.1. The present Government Appeal is directed against judgment of acquittal dated 28th July, 1988 passed by Sri Rajendra Prasad Srivastava, Sessions Judge, Madhepura, in Sessions Case No. 54 of 1986. By the above judgment the learned trial Judge acquitted all the seven accused persons who were put on trial for various charges, some of which being under Sections 302/149 of the Indian Penal Code. It appears from the order passed by this Court on 18th March, 2010 that respondent No. 2, Satya Narain Biswas, and respondent No. 6, Pankaj Kumar died during the pendency of this appeal and as such the appeal now remains to question the acquittal of remaining five respondents.2. The prosecution case, as contained in Fardbayan of P.W.5, Shatrughana Yadav, in which he alleged that he along with others had assembled at the shop of one Siwan Sonar, situated at the bank of a pond at village Barahi so as to settle the dispute which had given rise to some tense si...
Rameshwar Singh Son of Late Raghunath Singh Vs. the State of Bihar Thr ...
Court: Patna
Decided on: Apr-09-2010
S.N. Hussain, J.1. This civil revision has been filed by the sole plaintiff-petitioner challenging order dated 10.04.2008 by which Subordinate Judge-I, Kaimur dismissed Title Suit No. 105 of 2000 on the only point that the said suit was not maintainable as the relief sought therein was beyond the jurisdiction of the Civil Court and was within the jurisdiction of Union Ministry of Tribal Affairs, New Delhi as per the decision of the Apex Court in case of Kumari Madhuri Patil and Anr. v. Addl. Commissioner, Tribal Development and Ors. reported in : A.I.R. 1995 Supreme Court 94 relied upon by Patna High Court in case of Shree K. Bhagwan Gond @ Shree Bhagwan Prasad @ Shree Bhagwan Gond v. The Union of India and Ors. reported in 2003(2) P.L.J.R. 840.2. The aforesaid suit was filed by the plaintiff-petitioner for declaration that he was 'Kharwar' under Scheduled Tribe and also for declaration that the defendants' certificate declaring him to be 'Kahar' under Backward Caste was illegal and wi...
Dhurendra Prasad Jaiswal Son of Late Kishun Lall Jaiswal Vs. Ashok Kum ...
Court: Patna
Decided on: Apr-09-2010
Rakesh Kumar, J.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 the order dated 20.10.1997 passed in Case No. 272(C) of 1997/ G.R. No. 1093 of 1997 by the Addl.Chief Judicial Magistrate , Danapur . By the said order, the learned Magistrate after perusing the chargesheet and case diary had taken cognizance of the offences under Sections 420,406 and 120B of the Indian Penal Code.2. Sri Mukesh Kumar, learned Counsel appearing on behalf of the petitioner , while challenging the order of cognizance, submits that the contents of the complaint petition makes it clear that the dispute in between the petitioner and the complainant was of the civil nature and for such allegation, the criminal proceeding may not be allowed to use by the complainant. He further submits that in respect of the dispute of the property in question, title suit was already pending and during the pendency of title s...
D.K. Chakarvarty, Secretary, Bihar Motion Picture Association and ors. ...
Court: Patna
Decided on: Apr-09-2010
Rakesh Kumar, J.1. In this case, yesterday i.e. on 8.4.2010, on repeated call, none appeared. However, it was adjourned for a day. While adjourning the case, it was recorded in order dated 8.4.2010. 'The present case was admitted on 19.7.1999. While admitting the case this Court had directed that until further order, proceedings in the court below shall remain stayed. The order is still continuing.It is made clear that if tomorrow no one appears on behalf of the petitioner, the case shall be decided on the basis of materials available on the record'.2. Today, when the case was called out, none has appeared either to press this petition or to make a prayer for adjournment. It appears that in view of order of stay, the petitioners have lost their interest in the present case.3. The petitioners, while making a prayer for quashing of the entire prosecution in Complaint Case No. 680(C) of 1996, had also prayed for quashing of order of cognizance dated 25.7.1996 passed by Shri B.K. Tiwari, J...
Manoj Prasad @ Manoj Kr. Sah Son of Late Chhatthi Lal Sah Vs. the Stat ...
Court: Patna
Decided on: Apr-09-2010
Rakesh Kumar, J.1. When the case was called out, no one appeared either to press this petition or to make a prayer for adjournment.2. The present petition was filed by the petitioner with a prayer to quash a proceeding, which was initiated against him under Section 145 of the Code of Criminal Procedure. The present petition was admitted for hearing by an order dated 21.12.1999. While admitting the case, this Court directed that pending disposal of this application, further proceedings in Case No. 1135 of 1998 pending in the court of Sub Divisional Magistrate, Marhowrah, shall remain stayed. It appears that after lapse of such a long time, and in view of order of stay of proceeding under Section 145 of the Cr.P.C. passed by this Court, the petitioner has lost his interest in the present case.3. I do not find any merit in this petition and petition stands rejected.4. In view of rejection of the present petition, interim order of stay dated 21.12.1999 stands automatically vacated....
- ‹ Prev
- 1
- 2
- 3
- 5
- 6
- 7
- 8
- 9
- 10
- 11
- Next ›
- Last »