Patna Court April 2010 Judgments
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Smt. Parwati Devi Wife of Late Chakradhar Prasad Sah, Vs. the State of ...
Court: Patna
Decided on: Apr-06-2010
Shiva Kirti Singh and Chandra Mohan Prasad, JJ.1. Heard the parties.2. This appeal under Clause (10) of the Letters Patent Act has been preferred against the judgment of a learned single Judge of this Court dated 12th October, 1999 whereby writ petition preferred by the appellants bearing C.W.J.C. No. 5267 of 1990 has been dismissed on the ground that the writ court cannot enter into disputed points of facts and no interference could be made with the impugned order dated 1.5.1989 passed by the Commissioner Santhal Parganas, Dumka passed in Revenue Misc. Appeal No. 51 of 1983-84 as contained in annexure-1 in absence of any illegality, impropriety on the face of the said order.3. The essential facts which are necessary for decision in this appeal relate to an interesting scenario beginning from an event of 1933 when two co- villagers Triveni Sah and Bhoot Nath Mukherjee decided to exchange some of their lands. From the records it appears that Bhootnath Mukherjee, father- in-law of respon...
Alok Kumar Rastogi and anr. Vs. R. Subramanium and ors.
Court: Patna
Decided on: Apr-06-2010
Mungeshwar Sahoo, J.1. This first appeal is directed against the Judgment and decree dated 21.8.1998 passed by Sri Ram Gati Sharma, Subordinate Judge-VIth,Patna, in Title Partition Suit No. 194 of 1994.2. According to the office note since the appeal notice had not been served on the respondents No. 3 to 5, the appeal is not ready for final hearing.3. The learned Senior counsel Sri Sukumar Sinha appearing on behalf of the appellants submitted that the appeal notice may be dispensed with because they have already sold the property and they have no interest in this case and they are not pursuing the matter.4. The learned Counsel appearing on behalf of the plaintiff-respondent No. 2 has admitted this fact.5. The learned Senior counsel Sri Sinha submitted that the dispute was with respect to right to purchase the property by the plaintiffs-respondents No. 1 and 2 who filed the Title Partition Suit No. 194 of 1994 for their 1/4th share and in that suit also they prayed that they had a right...
Chandeshwar Singh @ Chandeshwar Singh @ Jasso Singh Son of Late Babu M ...
Court: Patna
Decided on: Apr-06-2010
Sheema Ali Khan, J.1. Heard learned Counsel for the petitioner, the Opposite Party No. 2 and the A.P.P. appearing on behalf of the State.2. This application has been filed challenging the orders dated 05.09.2007 passed in L.N.M.U. Police Station Case No. 17 of 2007 (Trial No. 2882 of 2007) by which the Chief Judicial Magistrate, Darbhanga has taken cognizance for the offences under Sections 406 and 420 of the Indian Penal Code.3. The facts of the case are that the petitioner agreed to sell a piece of land situated in village Simra, Anchal Bahadurpur measuring 11 Bighas 16 Kathas and 3 dhurs on payment of a consideration amount of Rs. 4,09,000/-. It is alleged by the informant that Rs. 1,50,000/- was paid as earnest money and a MAHADANAMA was executed on 22.12.2005 granting 11 months' time for payment of the rest amount before the sale deed would be executed. The informant claims that the petitioner despite legal notices refused to execute the sale deed although the informant had sent n...
Navodaya Vidyalaya Samiti, Ministry of Human Resources, Department of ...
Court: Patna
Decided on: Apr-06-2010
Sudhir Kumar Katriar, J.1. This writ petition is directed against the order dated 8.4.2003, passed by the Central Administrative Tribunal, Patna Bench, Patna, in O.A. No. 461 of 1999 (Harendra Kumar Singh v. the Union of India and others), whereby the original application preferred by respondent No. 1 herein has been allowed, and the authorities have been directed to appoint the applicant (respondent No. 1 herein) as Lower Division Clerk.2. A brief statement of facts essential for the disposal of the writ petition may be indicated. In order to appoint a lower division clerk in Jawahar Navodaya Vidyalaya, Kadirabad, Darbhanga, the authorities had sent requisition dated 26.7.1996 (Annexure-R/2), to the local Employment Exchange. Twenty names were received who were interviewed on 19.12.1996, but the further process was stayed by the District Magistrate. On 11.12.1997, the District Magistrate directed the Principal of the School to proceed further in the matter. By his communication dated ...
Shanti Devi Wife of Nand Kishore Singh and Dheeraj Kumar Singh Son of ...
Court: Patna
Decided on: Apr-06-2010
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 the order dated 4.12.1998 passed by Sri B.N.Banerjee, Judicial Magistrate,1st Class, Motihari in Tr. No. 1068 of 1999 arising out of Kesariya P.S. Case No. 47 of 1998. By the said order, the learned Magistrate had taken cognizance under Sections 25(1-A) b/26/35 of the Arms Act. The petitioners have further prayed for quashing of the entire criminal prosecution arising out of Tr. No. 1068 of 1999/Tr. No. 1365/98.2. Sri Anjani Kumar, learned Counsel appearing on behalf of the petitioners, while challenging the order of cognizance as also for quashing of entire proceeding, submits that the present case was filed maliciously. Learned Counsel for the petitioners submits that petitioner No. 1 was a teacher in a Government Middle School and since earlier the husband of petitioner No. 1 had filed a complaint petition in the yea...
Ratneshwar Jha S/O Rambhadra Jha Vs. the State of Bihar and ors.
Court: Patna
Decided on: Apr-06-2010
Navaniti Prasad Singh, J.1. The present writ application relates to the dispute with regard to the property of Ugna Housing Co-operative Society Limited. The said society was registered in the year 1982 and operates in Ward No. 11, Madhubani. It was registered under the Bihar Co-operative Societies Act, 1935 and the rules framed thereunder being Bihar Co- operative Societies Rules, 1959. It appears that the said Co-operative Society, for its members, who are large in number, had acquired , inter alia, about 10 kathas of lands out of which 7 kathas were distributed to some of the members. In 1986, two plots about 1 kathas each were allotted to two persons, namely, Smt. Shila Devi, who happens to be the wife of the Chairman and Mr. Basudeo Pathak, who was the then Secretary of the Co-operative .The private -respondents, who are members of the Co-operative and at whose instance the litigation started, dispute knowledge of the aforesaid transfer as effected in the year 1986. They support t...
Manjoor Ali Khan Son of Late Abdul Sattar Khan Vs. the State of Bihar ...
Court: Patna
Decided on: Apr-06-2010
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 19.6.1998 passed by Shri S.K. Singh, Judicial Magistrate, Ist Class, Buxar in Case No. 9(c) of 1998/58 of 1998. By the said order, learned Magistrate has taken cognizance for the offences under Sections 406 and 380 of the Indian Penal Code against the petitioner and others.2. While challenging the order of cognizance, Shri Krishna Prasad Singh, learned Senior Counsel for the petitioner argued that the present complaint petition was filed maliciously. He submits that the complainant is the father of son-in-law of the petitioner. Earlier on an allegation of committing offence under Section 498 A of the Indian Penal Code, this petitioner had filed an F.I.R. vide Daudnagar P.S. Case No. 20 of 1994, which was registered on 17.3.1994 against the complainant, his son and other family members. He further submits t...
Tara Devi Wife of Laxmi Mandal Vs. State of Bihar and Chandra Shekhar ...
Court: Patna
Decided on: Apr-06-2010
Rakesh Kumar, J.1. Neither any one appeared on behalf of the petitioner nor any one appeared on behalf of opposite party No. 2. However, Mr. Damodar Prasad Tiwary appeared on behalf of the State.2. The petitioner, while invoking inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, has prayed for quashing of the entire criminal proceeding as well as Complaint Case No. 57 of 1997 in Kadwa P.S. Case No. 49 of 1998 in which the petitioner was made accused for the offences under Sections 379 of the Indian Penal Code and Section 3(iii)(x) of the SC/ST Act.3. On perusal of the complaint petition it appears that the petitioner has taken a stand that the complaint petition was filed maliciously. It has been asserted in the present petition that prior to the filing of the case against her, she had filed a complaint case No. 1496 of 1997 dated 29.10.1997 against the complainant in which the learned Addl. Chief Judicial Magistrate, Katihar had taken cognizance o...
Lakhan Bind Son of Ramprit Bind Vs. the State of Bihar
Court: Patna
Decided on: Apr-06-2010
Shyam Kishore Sharma and Gopal Prasad, JJ.1. The sole appellant has preferred this appeal against the judgment of conviction dated 16.04.2003 and order of sentence dated 17.04.2003 passed by Additional Sessions Judge, Fast Track Court No. II, Aurangabad in Sessions Trial No. 36 of 2001/262 of 2002 by which he has been convicted under Section 376 of the Indian Penal Code and has been sentenced thereunder to undergo rigorous imprisonment for life.2. A written application was given by P.W.8 Basant Bind in presence of P.W.3 Dharmendra Bind and P.W.1 Naresh Bind on 13.06.1999 addressed to the Officer-in- Charge, Goh police station in which he alleged that his daughter Poonam Kumari aged 4 years was taken away by Lakhan Bind at 8.00 P.M. on 06.06.1999 from his house after giving her biscuits. She was carried near a Mahua tree towards Khalihan where appellant raped her. She cried. Thereafter the informant P.W.8 and Dharmendra Kumar Bind P.W.3 rushed there and saw the appellant running away ca...
Kaushal Kishore Choudhary and ors. Vs. Pratima Devi W/O Late Ram Prave ...
Court: Patna
Decided on: Apr-05-2010
Mungeshwar Sahoo, J.1. This appeal is directed against the Judgment and decree dated 29.11.1973 passed by Sri S.L. Nandkeoliyar, Sub-Judge, Hajipur, in Partition Suit No. 54 of 1970 / 291 of 1973 decreeing the plaintiffs' suit for partition to the extent of 1/2 share.2. The plaintiffs-respondents filed the aforesaid partition suit claiming 1/2 share in the suit land measuring 5 bighas, 16 kathas and 12 dhoors comprised in Khatas No. 37, 382 and 469 of Village- Bishunour Basant, Hajipur.3. The plaintiffs' claimed the aforesaid relief on the facts, inter alia, that Ram Sahai Thakur had three sons, namely, Dringpal Thakur, Karan Thakur and Jaipal Thakur. The two sons of Dringpal, i.e. Banke Thakur and Baldeo Thakur died issueless during the life time of their father leaving behind only widow of Baldeo Thakur, namely, Most. Fuljhari Devi. The plaintiffs are the descendants of Jaipal Thakur whereas the defendants are the descendants of Karan Thakur. The further case of the plaintiff is that...
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