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.
Chandra Prakash Gupta and ors. Vs. the State of Bihar and Mrs. Noor Ph ...
Court: Patna
Decided on: Apr-09-2010
Shiva Kirti Singh, J.1. Heard learned Counsel for the petitioners, learned Counsel for the State and learned Counsel for the Complainant- Opposite Party No. 2 in both these quashing applications which have been heard together as they relate to and are directed against same order of cognizance dated 11-6-1998 passed by Judicial Magistrate, Patna whereby he has taken cognizance against all the seven accused persons named as accused in Complaint case No. 512 (c) of 1998. Against such cognizance and order for issuance of summons, except the principal accused, Mahesh Kumar Jha described as reporter/ storey writer and alleged to be author of the defamatory story published in the Hindustan Hindi Daily dated 4-12-1997, all other six accused persons are petitioners before this Court through the two quashing applications. In Cr. Misc. No. 22655/1998 two petitioners are Chandra Prakash Gupta, Resident Editor, Hindustan Hindi Daily and Anil Vibhakar, Senior Sub Editor of the said daily published f...
Guru Dayal Singh @ Khokha Singh Son of Lakhan Singh Vs. the State of B ...
Court: Patna
Decided on: Apr-09-2010
Rakesh Kumar, J.1. No one appears on behalf of the petitioner either to press this petition or to make a prayer for adjournment.2. Sole petitioner, while invoking inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, has prayed for quashing of order dated 10.3.1999 passed by Additional Sessions Judge 3rd, Rohtas at Sasaram. By the said order, learned Additional Sessions Judge has rejected the petition filed on behalf of the petitioner under Section 227 of the Code of Criminal Procedure for his discharge.3. On perusal of record, it is evident that in the present case, a truck, which was loaded with some kirana articles while coming from Haryana and going to Aurangabad was looted. The said truck was looted by the accused persons and in the said occurrence, driver of the truck was also murdered. Accordingly, a case vide Dehri P.S. Case No. 6 of 1997 was registered for the offences under Sections 302, 201, 394 and 411 of the Indian Penal Code. It appears ...
Vijay Kumar Srivastava S/O Late Prabhunath Prasad Srivastava Vs. Shri ...
Court: Patna
Decided on: Apr-09-2010
S. Nayer Hussain, J.1. Civil Revision No. 317 of 2009 has been filed by the sole defendant- petitioner challenging the order of his eviction vide judgment dated 12.01.2009 by which Munsif III, Patna decreed Eviction Suit No. 48 of 2005 on contest with cost.2. The aforesaid eviction suit was filed by the sole plaintiff-opposite party for eviction of the defendant- petitioner from the suit premises detailed in Schedule II of the plaint namely ground floor flat containing three bed rooms, a verandah, a dining space, a kitchen, a latrine, a bath room as well as open space with frontage bearing Holding No. 2911/1, Circle No. 8A Ward No. 4 (new 3) of Patna Municipal Corporation situated in Mohalla Azad Nagar, Kankarbagh Road No. II, within Kankarbagh police station in the Town and District of Patna on the sole ground of bonafide personal requirement, reserving his right to file another suit for eviction of the defendant on other grounds of default in payment of rent and breach of terms of te...
Chandradeo Kumar @ Jawaharlal Son of Late Lala Prasad Vs. Shri Krishn ...
Court: Patna
Decided on: Apr-09-2010
S.N. Hussain, J.1. This civil revision has been filed by the defendant-petitioner under the Proviso to Sub-section (8) of Section 14 of the Bihar Buildings ( Lease, Rent & Eviction) Control Act, 1982 (hereinafter referred to as `the Act' for the sake of brevity ), challenging the order of his eviction vide judgment dated 13.11.2007, by which the Munsif, Biharsharif, Nalanda decreed Eviction Suit No. 09 of 1998.2. The aforesaid suit was filed by the plaintiff-opposite party No. 1 for eviction against the defendant-petitioner as well as defendants-opposite parties 2nd set with respect to the suit house bearing holding No. 167, (new 167A), Ward No. 8 (new Ward No. 15) of Biharsharif Municipality situated in Mohalla Kamruddinganj, in the town of Biharsharif within the district of Nalanda, claiming following relief's on the ground of his bona fide personal requirement:(a) A decree of eviction of the defendants in favour of the plaintiff with respect to the suit premises be passed.(b) Direct...
Ram NarayaIn Giri Son of Ram Swaroop Giri and ors. Vs. the State of Bi ...
Court: Patna
Decided on: Apr-09-2010
Rakesh Kumar, J.1. Petitioners, while invoking inherent jurisdiction of this Court under Sections 482 of the Code of Criminal Procedure, have prayed for quashing of order dated 7.8.1995 passed by Manoj Shrivastava, Ist Class Judicial Magistrate, Siwan in C.Case No. 550 of 1995/Tr. No. 546 of 1998. By the said order, learned Magistrate has taken cognizance of offence under Section 379 of the Indian Penal Code.2. The case of complainant as appears from the materials available on record that on the date of occurrence i.e. on 17.4.1991, the accused petitioners variously armed arrived in the field of complainant and by using fire arm as well as explosive substances, the accused persons forcibly looted the wheat of the complainant. It was alleged that immediately after the said occurrence, the complainant rushed to the police, but police refused to lodge the F.I.R. Subsequently, the complainant on 20.4.1991 filed a complaint case vide Complaint Case No. 298 of 1991 against the petitioners. T...
Pabitri Devi W/O Late Janak Gope and ors. Vs. Rash Bihari Gope S/O Sri ...
Court: Patna
Decided on: Apr-08-2010
Mungeshwar Sahoo, J.1. This first appeal is directed against the Judgment and final decree dated 6th July,1985 passed by the learned 5th Additional Subordinate Judge, Patna, in Title Suit No. 119 of 1962 / 2 of 1965. The plaintiffs' suit for partition was decreed and according to the preliminary decree final decree was prepared, sealed and signed. The defendants first set have filed this appeal.2. The learned Senior counsel appearing on behalf of the appellants raised three points and submitted that on these grounds alone the main decree and judgment confirming the pleader commissioner's report is liable to be set aside.3. The first point raised by the learned Senior counsel is that the Advocate Commissioner's report on which the judgment has been based is without jurisdiction as the Court after appointing Advocate Commissioner did not issue notices to the defendants/ appellants which is mandatory according to the requirement under Order 26 Rule 18 of the C.P.C. In support of his conte...
Most. Pramila Devi W/O Late Daya Nand Prasad Vs. the State of Bihar an ...
Court: Patna
Decided on: Apr-08-2010
Ramesh Kumar Datta, J.1. Heard learned Counsel for the petitioner and learned Counsel for the State.2. This is the second round of litigation in which the petitioner has been compelled to approach this Court for grant of compassionate appointment on the death of her husband late Daya Nand Prasad Yadav, who is stated to have died on 19.11.1994.3. Earlier, the petitioner had filed C.W.J.C. No. 4244 of 2003, which was disposed of by order dated 7.7.2003 observing that if the husband of the petitioner held substantive appointment against a sanctioned post and her case stands on par as Veena Kumari, her case should be considered and decision in this regard taken within three months from the date of receipt of a copy of that order. Pursuant to the same an order bearing memo No. 522 dated 13.2.2006 has been passed by the Commissioner, Commercial Taxes-cum-Secretary, rejecting the claim of the petitioner for appointment on compassionate ground after holding that no proof is available to show t...
Roza Khatoon, Wife of Sheikh Wasir Vs. the State of Bihar and ors.
Court: Patna
Decided on: Apr-08-2010
Navaniti Prasad Singh, J.1. No one appears on behalf of the petitioner.2. State, State Election Commission and the contesting private-respondent are present. Petitioner is aggrieved by order dated 08.06.2009 passed by the Circle Officer, Bhargama, Araria. By the said order, the Circle Officer has cancelled the cast certificate issued to the petitioner showing her to be of extremely backward cast. The contesting private-respondent at whose instance this action was taken has filed a detailed counter affidavit. It is pointed out that consequential to the impugned order, the State Election Commission was informed, which has cancelled the candidature of the petitioner in terms of Section 136 of the Bihar Panchayat Raj Act, which fact the petitioner has neither brought on record nor challenged.3. For contesting election of Mukhiya of Bhargama Gram Panchayat, the petitioner had applied to the Circle Officer for grant of cast certificate claiming herself to be Sekhra cast, which is an extremel...
Ranjeet Kumar Son of Mahendra Paswan Vs. the State of Bihar
Court: Patna
Decided on: Apr-08-2010
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 order dated 2.11.1998 passed in Cr. Revision No. 240 of 1998 by the Sessions Judge, Nalanda. The petitioner has also prayed for quashing of order dated 20.7.1998 passed by the Chief Judicial Magistrate, Nalanda in G.R. Case No. 1731 of 1992/Tr. No. 164 of 1998. By order dated 20.7.1998, the learned Magistrate had directed for getting the age of petitioner assessed by the Civil Surgeon, Nalanda.2. Aggrieved with the order passed by learned C.J.M. whereby, direction was issued to get the age of petitioner assessed by the Civil Surgeon, Nalanda, the petitioner filed a revision petition vide Cr. Revision No. 240 of 1998 and the learned Sessions Judge by its order dated 2.11.1998 has rejected the revision petition.3. Mr. Vidya Sagar, learned Counsel appearing on behalf of the petitioner, while challenging both the orders, ...
Satto Sada Son of Late Nanku Sada, Vs. the State of Bihar and Laliya D ...
Court: Patna
Decided on: Apr-08-2010
Sheema Ali Khan, J.1. Heard learned Counsel for the petitioners and the A.P.P. appearing on behalf of the State.2. This application has been filed challenging the order dated 04.08.2007 passed in Kusheshwar Asthan Police Station Case No. 128 of 2003 by which the Sub Divisional Judicial Magistrate, Biraul at Benipur has taken cognizance for the offences under Sections 452, 326 & 307/34 of the Indian Penal Code and Section 3(i-x) (i-xi) of the SC & ST (Prevention of Atrocities) Act.3. The allegation in the First Information Report is that Laliya Devi was sleeping along with her daughter when it is alleged that Jiwachh Sah and one another person came there and threw acid resulting in injuries to the informant and the informant's daughter.4. A protest - cum complaint petition was filed in which it is said that apart from Jiwachh Sah, one Jitendra Sah was also involved in the said occurrence.5. During investigation, it appears that a petition was filed on behalf of the daughter of the infor...
- ‹ Prev
- 1
- 2
- 3
- 4
- 6
- 7
- 8
- 9
- 10
- 11
- Next ›
- Last »