Patna Court May 2010 Judgments

State of Bihar Through Collector and anr. Vs. Gyaneshwar Sah S/O Late ...

Court: Patna

Mungeshwar Sahoo, J.1. This appeal is directed against the Judgment and decree dated 6.2.1993 passed by Sri Rameshwar Rai, Sub-Judge 1, Bhagalpur, in Title Suit No. 192 of 1987 whereby the learned court below decreed the suit of the plaintiffs-respondents.2. The plaintiffs- respondents filed the aforesaid suit for declaration of title over the suit land described in detail in Schedules-A and B of the plaint. The plaintiffs also prayed for declaration that the award prepared in the name of the Collector, Bhagalpur, regarding Schedule-A property is wrong and the plaintiffs may be permitted to receive the payment of the awarded amount in Awards No. 95 and 96 with interest pendentelite. They also prayed for enhancement of compensation. They also prayed that their names may be entered in the survey record of rights.3. The plaintiffs respondents claimed the aforesaid relief on the facts inter alia that the plaintiffs are the owner of the suit land. In the year 1918 one Fudo Saw S/o Bhairo Sa...

National Insurance Company Ltd. Vs. Most. Kaushalya Devi and ors.

Court: Patna

Reported in: 2008(2)TNMAC479(SC)

Mungeshwar Sahoo, J.1. Hear the learned Counsel for both the parties under Order 41 Rule 11 C.P.C.2. This Misc. appeal has been filed against the Judgment and Award dated 19. 1.2007 and 3.2.2007 passed by Sri Nand Kishore Gupta, Additional District and Sessions Judge. F.T.C. -I cum- Motor Vehicle Accident Claim Tribunal, Saran at Chapra, in Claim Case No. 58/99.3. According to the claimants Ajay Kumar Gupta died in road accident on 27.7.1999 because of the fact that the vehicle bearing registration No. DLI PA-4071 dashed the deceased. The said vehicle was insured by the appellant, National Insurance Company Ltd. According to the claimants the deceased was working at Punjab in Nahar Industrial Enterprises Private Ltd., District -Patiyala and was getting monthly Rs. 2010/-. The claimants claimed Rs. 5,00,000/-.4. The owner of the vehicle did not appear. The Insurance Company appear and contested the claim alleging that the vehicle was not insured and the driver had no valid licence.5. Af...

Birendra Kumar Singh @ Birendra Prasad Singh Son of Late Raghunandan P ...

Court: Patna

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 24.2.1998 passed in Complaint Case No. 549 of 1992/Tr. No. 412 of 1998 by the Judicial Magistrate, 1st Class, Aurangabad. By the said order, the learned Magistrate has taken cognizance of the offence under Sections 120(B), 394, 341 and 342 of the Indian Penal Code.2. Short fact of the case is that the opposite party No. 2 filed a complaint vide Complaint Case No. 540 of 1992 disclosing therein that he had taken loan from Punjab National Bank for the purpose of purchasing a Mahendra Tractor and thereafter, he purchased the same from the dealer, namely, Kirshi Machinery, Aurangabad and the said Tractor was registered as BHZ 4686. The said tractor was being run by the driver of the complainant, namely, Uma Thakur. It was further disclosed in the complaint petition that on 20.9.1990, the driver of the tractor ...

Maruti Ranjan Singh Son of Laxman Singh Vs. the State of Bihar

Court: Patna

Gopal Prasad, J.1. The appellant convicted under Section 20(b)(ii)(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 and has been sentenced to undergo rigorous imprisonment for twelve years and a fine of Rs. 1,20,000/- and in default of fine has been ordered to serve a sentence of two years. 2. Prosecution case, as alleged in the self statement of the informant, Chandra Shekhar Gupta, that on 12.10.2002 at 11.00 a.m. the informant along with the Sub Inspector of Police, Constables Shambhu 2 Bahadur Singh (not examined), Constable, Havildar Ramdas Sah (not examined), Constable, Anil Kumar Tuddu (not examined), Constable, Munna Kumar (not examined), Constable, Phuleshwar Yadav and the driver, Constable, Nagendra Jha proceeded for night patrolling in law and order duty on the occasion of Durga Puja and when the patrolling party, during patrolling, reached at Baisi whereas on National Highway No. 31 at about 03.15 a.m. and got stationed and was walking along the road then one ...

Dinanath Prasad Son of Late Ramdeo Sah and ors. Vs. the State of Bihar ...

Court: Patna

Navin Sinha and Dinesh Kumar Singh, JJ.1. Heard learned Counsel for the appellant, for the respondent University as also for the State.2. Subsequent developments in the University during the pendency of the appeal have been brought on record today by way of a supplementary affidavit filed on behalf of the appellants after serving copies on the respondents.3. In view of the subsequent developments referred to above, we do not consider it necessary to take notice of the facts of the case except to the extent necessary.4. Suffice it to say that the appellants were appointed on Class-Ill and IV non-teaching posts in the Shivdeni Ram Ayodhya Prasad College (hereinafter referred to as 'S.R.A.P. College' for short) at Barachakia in the district of East Champaran by the erstwhile Governing Body of the college on 7.7.1980. The notification of the University declaring the S.R.A.P. College a constituent college was issued on 19.7.1980, the conversion took effect from 1.10.1980. The appellants cam...

Awadhesh Kumar Sinha @ Kamleshwari Prasad Sinha and anr. Vs. Smt. Suni ...

Court: Patna

Mungeshwar Sahoo, J.1. Heard the learned Counsel for the parties under Order 41 Rule 11 C.P.C.2. This Misc. appeal has been filed by the appellants against the order dated 3.6.2009 passed by the learned Subordinate Judge-3, Patna City, in Title Suit No. 87/04 rejecting the plaintiffs appellants' prayer for injunction.3. The plaintiffs filed Title Suit No. 87/04 for declaration that the lands detailed in Schedule-II which is portion of Plot No. 338 is not the land included in sale deed dated 25.1.2004 executed by the defendant second set in favour of the defendant first set. The plaintiff No. 1 purchased the suit land on 15.2.1982 and 25.1.1982 from Rajendra Sinha, father of defendant 2nd party and they are in cultivating possession.4. The defendants appeared and filed show cause. According to them that survey plot No. 338 measures 1 acre 28 decimals. Out of that the State Government acquired 26 decimals for construction of road in 1964 - 1965. Narayan Mahton was the original owner. Raj...

Hira Lal Sah, and anr. Vs. State of Bihar, and ors.

Court: Patna

1. THE HON'BLE MR. JUSTICE SHIVA KIRTI SINGH Shiva Kirti Singh, J. Heard learned counsel for the petitioner and learned counsel for the State.2. Notice has been served upon O.P. Nos. 2 and 3 but their counsel has not chosen to appear.3. It is unfortunate that it is a case between the son and his parents because materials on record show that petitioner has already filed a partition suit claiming share in 1 and a 1/2 Bigha land available with his father at village home and he is not prepared to pay the monthly maintenance of Rs.150/- each fixed by the revisional court towards maintenance of the father and mother of the petitioner.4. Admittedly, the petitioner was educated by his parents and got employed as a teacher. There is no scope to dispute the capacity of the petitioner to maintain his parents who had to file a case seeking maintenance. Learned Magistrate awarded Rs.250/- each to both parents but the petitioner succeeded before the revisional court in getting the quantum of mainten...

Baliram Nonia, and anr. Vs. the State of Bihar

Court: Patna

1. Dharnidhar Jha & The two appellants were put on trial by Rakesh Kumar,JJ. framing charge under Section 396 of the Penal Code in Sessions Trial No.254 of 1986 and by judgement dated 4th of June, 1988 passed by the learned Sessions Judge, Gopalganj were found guilty of committing the above noted offence. Each of the appellants was directed to suffer rigorous imprisonment for life. The present appeal has been filed by them to bring into question the judgement of conviction passed against them.2. Dacoity appears committed in the house of the informant (P.W.4) and before that in other houses of the village. The informant stated that on hearing a hulla, he woke up and came out of his house. He found that dacoity was being committed somewhere around the house of one, Bhagrasan Sao which was towards south of the place where the informant and others were standing. The dacoits started moving towards north and during that course they had looted the properties from the house of one Chaudhur Bha...

Birendra Kumar Singh. Vs. the State of Bihar.

Court: Patna

2. Rakesh Kumar,J. 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 24.2.1998 passed in Complaint Case No.549 of 1992/Tr. No.412 of 1998 by the Judicial Magistrate, Ist Class, Aurangabad. By the said order, the learned Magistrate has taken cognizance of the offence under Sections 120(B), 394, 341 and 342 of the Indian Penal Code.2. Short fact of the case is that the opposite party no.2 filed a complaint vide Complaint Case No.540 of 1992 disclosing therein that he had taken loan from Punjab National Bank for the purpose of purchasing a Mahendra Tractor and thereafter, he purchased the same from the dealer, namely, Kirshi Machinery, Aurangabad and the said Tractor was registered as BHZ 4686. The said tractor was being run by the driver of the complainant, namely, Uma Thakur. It was further disclosed in the complaint petition that on 20.9.1990, the driver of the tractor info...

Adya Roy, and ors. Vs.

Court: Patna

1. The petitioners are aggrieved by the common order dated 20.11.1992 of the District Superintendent of Education, West Chamaran at Bettiah. It cancels their appointment on the higher B.Sc. trained scale made on 12.06.1986 and orders recovery of the financial benefits given to them there under.2. The petitioners are stated to be holding the qualification of B.Sc. trained. They came to be appointed on 10.12.1981 in the Matric trained scale in a Middle School in West Champaran. On 20.2.1981, 2300 posts of Science teachers are stated to have been created for up till class VIII. Consequently, 1150 of these posts were reserved for I. Sc. trained scale and 1150 posts for B.Sc. trained scale.3. In pursuance of the same, 50 posts of Science teachers were given to the District of West Champaran. This included 25 posts of I.Sc. Trained scale and 25 posts for B.Sc. trained scale.4. On 12.06.1986, the Establishment Committee considered the cases of the petitioners along with several others and rec...