Patna Court April 2010 Judgments
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Rameshwar Singh S/O Late Deo Lal Singh Retired Assistant Engineer, Wat ...
Court: Patna
Decided on: Apr-08-2010
IA. No. 3433 of 20101. This is an application for condonation of delay of 11 days in preferring the appeal.2. Having heard Mr. Rajendra Narain, learned Counsel for the appellant, Mr. Sanjay Kumar, learned Counsel for the State, and Mr. Rajgrihar, learned Counsel for the Accountant General, Bihar, we are of the considered opinion that the delay in filing the appeal deserves to be condoned and accordingly it is so ordered.3. Interlocutory application stands allowed.LPA. No. 655 of 20104. As we have condoned the delay, we think it apt to take up the appeal for admission and final disposal. On consent of learned Counsel for the parties, it is finally heard.5. The appellant - petitioner stood superannuated on 31.7.1998. By that time, he was not extended the benefit of Time Bound Promotion Scheme. He had submitted a representation seeking exemption from appearing in the professional examination which is requisite to have the benefit of Time Bound Promotion Scheme. The application for exempti...
Smt. Usha Verma, daughter of Sri Mangala Charan Verma, Assistant teach ...
Court: Patna
Decided on: Apr-08-2010
Mungeshwar Sahoo, J.1. This appeal is directed against the judgment and decree dated 30.05.1995 passed by Sri N. C. Lala, District & Sessions Judge, Muzaffarpur in Matrimonial Case No. 6 of 1993 decreeing the petitioner-respondent (husband) suit and dissolving the marriage of the appellant with the respondent.2. The petitioner-respondent who was the husband filed the aforesaid Matrimonial Case No. 6 of 1993 against the appellant with a prayer to dissolve their marriage as provided under Section 10 (2) read with Section 13 (1-A) (i) of the Hindu Marriage Act, 1955.3. The petitioner case is that he married the respondent according to Hindu custom on 06.03.1980 and out of the wedlock, one son and one daughter were born. Thereafter, their relation became strained. The further case is that the respondent left the Matrimonial home deserting the petitioner. In spite of repeated efforts, the petitioner could not persuade her to come and then he filed Matrimonial Case No. 24 of 1989 seeking a d...
Nand Lal Shastri @ Nand Lal Paswan and Nasib Lal Paswan Both Sons of N ...
Court: Patna
Decided on: Apr-08-2010
Rakesh Kumar, J.1. While the case was taken up, Shri Ashwini Kumar Singh, learned Senior Counsel informed the court that petitioner No. 2 died during the pendency of this petition. Accordingly, case of petitioner No. 2 abates.2. Now sole petitioner before this Court has prayed for quashing of order dated 5.2.1999 passed by Ist Additional Sessions Judge, Darbhanga in Cr. Revision No. 151 of 1995. By the said order, the learned Additional Sessions Judge has rejected the revision application of the petitioner, which was filed against the order dated 30.9.1994 passed by the Chief Judicial Magistrate, Darbhanga and order dated 1.6.1995 passed by Shri A.J. Shrivastava, Judicial Magistrate, 2nd Class, Darbhanga in Criminal Case No. 486 of 1993.3. By order dated 30.9.1994, the Chief Judicial Magistrate, Darbhanga had taken cognizance for the offence under Section 379 of the Indian Penal Code and by order dated 1.6.1995, the learned Judicial Magistrate, 2nd Class, Darbhanga had rejected the pet...
Ajay Singh Son of Late Deoki Singh Vs. the State of Bihar
Court: Patna
Decided on: Apr-08-2010
Dinesh Kumar Singh, J.1. The present appeal has been preferred by the sole appellant, above-named, against the judgment of conviction dated 18.02.2003 and order of sentence dated 19.02.2003 passed by Sri Govind Chandrayan, learned Additional Sessions Judge IIIrd, Khagaria, in Sessions Case No. 476 of 1989, arising out of Parbatta P.S. Case No. 139 of 1988 whereby and whereunder the sole appellant was convicted under Section 302 of the Indian Penal Code and sentenced to undergo imprisonment for life and also directed to pay a fine of Rs. 5,000/- and in default of making payment of fine the convict was sentenced to undergo rigorous imprisonment for two years. The period already undergone by the convict in detention during trial was directed to be set off to the quantum of the sentence.2. The prosecution case starts with the fardbeyan of Ram Sagar Singh recorded on 16.10.1988 at 12.00 P.M. at the door of the informant at village-Nayagaon, P.S. Parbatta, District-Khagaria recorded by S.I.,...
Noorul Haque Son of Abdul Rahman, Vs. the State of Bihar and Husne Ala ...
Court: Patna
Decided on: Apr-08-2010
Sheema Ali Khan, J.1. Heard learned Counsel for the petitioners, the Opposite Party No. 2 and the A.P.P. appearing on behalf of the State.2. This application has been filed challenging the order dated 25.04.2007 passed in Manjhagarh Police Station Case No. 7 of 2006 by which the Judicial Magistrate, Gopalganj has taken cognizance for the offences under Sections 147, 148, 149, 384, 337 of the Indian Penal Code and Section 27 of the Arms Act.3. The prosecution case, in short, is that the petitioners went on the land having Khata No. 79 and Khesra No. 668, 669 and 670 and stopped the informant from cutting the paddy crops. It is said that they demanded a sum of Rs. 50,000/- and also fired and threw brick bats on the informant.4. Learned Counsel for the petitioners submits that the case arises out of a civil dispute and that is why the present First Information Report has been instituted.5. Counsel appearing on behalf of Opposite Party No. 2 submits that the offences alleged constitute cri...
Maharaja Kamal Singh S/O Late Maharaja Ram Ran Vijoy Prasad Singh, Vs. ...
Court: Patna
Decided on: Apr-08-2010
Shiva Kirti Singh and Chandra Mohan Prasad, JJ.1. Both these appeals are directed against a common Judgment and order passed by a learned Single Judge of this Court dated 13th of December, 1996 whereby writ petitions preferred by the appellants bearing CWJC Nos. 4126 and 2964 of 1985 respectively were dismissed.2. These appeals were earlier decided against the appellants by judgment and order dated 3rd November, 2006 against which the appellants moved the Supreme Court through Civil Appeal No. 5220 of 2009 which was allowed on 06.08.2009. The Apex Court set aside the order of the Division Bench passed in these appeals and allowed an application which had been rejected by the Division Bench, for bringing legal representatives of 4th Respondent on record and remanded the matter to this Court with a request to hear and dispose of the matter afresh after due notice to the legal representatives of the 4th Respondent.3. On 05.10.2009 notices were issued to the newly added respondents which a...
Vijay Kumar Bohra, Son of Late Ramjee Das Bohra and Sanjay Kumar Bohra ...
Court: Patna
Decided on: Apr-07-2010
Rakesh Kumar, J.1. Two petitioners, while invoking inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, have prayed for quashing of order dated 28.2.1998 passed by Judicial Magistrate, Ist Class, Muzaffarpur in Complaint Case No. 1292(C) of 1997, Tr. No. 1458 of 1998. By the said order, the learned Magistrate has taken cognizance of the offence under Section 406 of the Indian Penal Code.2. Short facts of the case is that the complainant-opposite party No. 2, who claims to be Wholesale Dealer of cloths had entrusted cloths for an amount of Rs. 14,873.41 to the petitioners' firm in the name and style of M/S Vijay Stores on 5.5.1993 with a condition that within a period of one year from the date of entrustment, the petitioners were required to return the sale proceeds or return the cloth. The complaint petition further disclosed that the payment by petitioners were made up to 11.3.1996 and till that date, a total amount of Rs. 3,739.09 was paid to the c...
Shanti Devi Wife of Shri Lakhan Singh and Bhushan Kumar Son of Shri La ...
Court: Patna
Decided on: Apr-07-2010
Ramesh Kumar Datta, J.1. Heard learned Counsel for the petitioners. No one appears for the State.2. The petitioners pray to set aside the order dated 14.12.1998 and 27.6.1990 passed by respondent Nos. 2 and 3 respectively while exercising their appellate and original jurisdiction under the Bihar and Orissa Municipal Survey Act, 1955.3. The petitioner No. 1, who is the mother of petitioner No. 2, claims to have purchased 16 dhurs of land of plot No. 1132 (new), 6203 (old), Khata No. 960, Tauzi No. 4100 situated at Mohalla-Ramshilla, District- Gaya by registered sale deed dated 5.6.1965 from Smt. Rani Bhueshwari Kunwar, the ex-landlord of Amawan Estate after paying full consideration amount and came into possession over the land in question since then. After purchase, she claims to have constructed a three storeyed Pucca house and has been living there with her family members. The names of the petitioners were also mutated in the Gaya Municipality and they are paying Municipal tax to the...
State of Bihar Vs. Shankar Kanu @ Shankar Sao
Court: Patna
Decided on: Apr-07-2010
Dharnidhar Jha, J.1. The above noted Death Reference along with three appeals arise out of the Judgment of conviction dated 18th of September, 2008, passed by the learned Additional Sessions Judge-cum-Presiding Officer, Fast Track Court No. V, Patna, in Sessions Trial No. 188 of 2007. They have been heard together and are being disposed of by the present common judgment.While holding the appellants guilty of committing offences under Sections 396 and 412 of the Indian Penal Code by the above order of conviction the learned trial Judge heard the appellants on sentence on 19.9.2008 and awarded sentence of death to appellant Shankar Kanu alias Shankar Sao. The sentence of rigorous imprisonment for life was awarded to appellants Anil Uraon, Manohar Kumar and Ashish Kumar Rai for their respective convictions under Section 396 of the Indian Penal Code. They were also directed to pay fine of Rs. 5,000/- each and in default in paying the fine were directed to suffer further R.I. for six months...
The Union of India (Uoi) Through Secretary, Railway Board and ors. Vs. ...
Court: Patna
Decided on: Apr-07-2010
Sudhir Kumar Katriar, J.1. This writ petition is directed against the order dated 9.4.2002 (Annexure-1), passed by the learned Central Administrative Tribunal, Patna Bench, in O.A. No. 508 of 2000 (Krishna Kumar Jaiswal v. The Union of India and Ors.), whereby the original application preferred by respondent No. 1 herein, has been allowed and the authorities have been directed to consider his case for promotion to the category of Post Graduate Teachers (in short, the PGT).2. A brief statement of facts essential for the disposal of this writ petition may be indicated. Respondent No. 1 was appointed as a Physical Training Instructor (in short PTI), on 29.10.1990, in the Mixed Secondary School, Chakradharpur, South Eastern Railway, in the pay scale of Rs. 1400-2600, and the revised pay scale of the same is Rs. 5500-9000/-. It is relevant to state that the Railways have a cadre of Trained Graduate Teachers (in short, TGT) in the revised pay scale of Rs. 5500-9000/- who are promoted from am...
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