Patna Court May 2010 Judgments
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Rajeshwar Prasad. Vs the State of Bihar, and ors.
Court: Patna
Decided on: May-06-2010
1. THE HON'BLE MR. JUSTICE JAYANANDAN SINGH Jayanandan Singh,J: Heard learned senior counsel for the petitioner and learned counsel for the State. 2. In this writ application, petitioner has challenged the order of his dismissal, as contained in Annexure-5, which was issued upon conclusion of departmental proceeding against him. Case of the petitioner is that while he was headmaster of a Government Basic School, Mundipur in the district of Siwan, he was served with the charges vide office order dated 31.12.1993 issued under the signature of District Education Officer, Siwan, a copy whereof is contained in Annexure-15 with the second supplementary reply filed on behalf of the petitioner today. In reply to the charges, petitioner submitted his detailed show cause, as contained in Annexure-3. In his reply, which runs into 12 pages, petitioner gave detailed explanation with respect to each and every charges separately and also stated that along with the charge memo, relevant documents and ...
Md. Hussaini and ors. Vs. Most. Bibi Amna Khatoon and ors.
Court: Patna
Decided on: May-05-2010
Mungeshwar Sahoo, J.1. This appeal has been filed by the plaintiffs against the judgment and decree dated 24.01.1976 passed by Shri Mohan Prasad, the learned Subordinate Judge-Ist, Munger in Title Suit No. 35 of 1974 dismissing the plaintiffs suit for partition.2. The plaintiffs/appellants filed the aforesaid title suit claiming partition with respect to three houses and 10 Kathas of Parti lands described in Schedule-II of the plaint. The plaintiffs' claimed five Annas 10 paise share.3. The plaintiffs' case in short is that the suit property belonged to Sheikh Ali Hassan. He had two wives. From first wife, Bibi Sairan, he had one son, namely, Sheikh Ghasit and one daughter, Bibi Azizan. From second wife, Bibi Naiki, he had two sons; Sheikh Hamid and Sheikh Rasid. The widow of Sheikh Ghasit, namely, Amna Khatoon is defendant No. 1. The sons and daughters of Bibi Azizan are the plaintiffs. The widow and children of Sheikh Hamid are defendant Nos. 2 to 7 and the widow and sons and daughte...
Khurshid Ahmad, and ors. Vs.
Court: Patna
Decided on: May-05-2010
1. Rakesh Kumar,J. Sixteen 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 2.6.1999 passed by learned Judicial Magistrate, 1st Class, Aurangabad in Complaint Case No. 312 of 1999. By the said order the learned Magistrate took cognizance for the offences under sections 147, 452, 341, 323 and 504 of the Indian Penal Code against all the accused persons. However, in addition to the aforesaid charges the learned Magistrate took cognizance for the offence under section 380 of the Indian Penal Code against petitioner nos. 1, 2, 3 and 9 and directed for issuance of processes for securing attendance of the accused persons.2. Short fact of the case is that opposite party no.2 filed a complaint case vide Complaint Case No.312 of 1999 in the court of Chief Judicial Magistrate, Aurangabad alleging therein that on the date of occurrence on trivial matter the accused persons variously arm...
Uma Shankar Rai Vs. Kishun Rai @ Kishun Prasad and ors.
Court: Patna
Decided on: May-04-2010
Mungeshwar Sahoo, J.1. Heard the learned Counsel for the parties under Order 41 Rule 11 C.P.C. and this appeal is being disposed of at the admission stage itself.2. The owner is O.P. No. 2 who is appellant in this appeal has filed this appeal against the Judgment and Award dated 21.9.2004 passed by Sri Prabhat Kumar Jha, the learned 6th Additional District Judge - cum - Motor Accident Claim Tribunal, Saran at Chapra, in Claim Case No. 19/03 directing the appellant to pay a sum of Rs. 1,87000/- with interest at the rate of 6% per annum.3. According to the claimants on 18.1.2003 Awadhesh Rai was driving the jeep bearing Registration No. UP 40A - 2077 rashly and negligently and dashed the wife of Kishun Rai as a result of which his wife died. On the basis of fard beyan of Kishun Rai criminal case was instituted. After investigation charge sheet was submitted against the driver -cum - owner, Awadhesh Rai.4. The husband and the minor children filed Claim case No. 19 / 2003 claiming Rs. 8,61...
National Insurance Company Ltd. Vs. Most. Sugandhi Devi and ors.
Court: Patna
Decided on: May-04-2010
Mungeshwar Sahoo, J.1. Heard the learned Counsel for the parties under Order 41 Rule 11 C.P.C.2. This appeal is being disposed of at the admission stage itself,3. The National Insurance Company Ltd. appellant, tiled the present appeal against the Judgment sand Award dated 22.6.2005 and 1.2.2005 respectively passed by Sri Sanjay Kumar. 4th Additional District Judge-Cum- Motor Accident Claim Tribunal, Motihari in Claim Case No. 34/2000 / 6/04 whereby and thereunder the learned court below has directed the appellant to pay Rs. 1,27,000/- after deducting Rs. 50,000/- as ad-interim compensation. The tribunal also directed to pay the compensation with interest at the rate of 6% per annum from the date of filing of the case till the payment.4. The claimants respondents no, 1 to 5 filed the claim application alleging that on 27.2.2000 the deceased Sachida Nand Mishra was going on the tractor bearing Registration No. BR-05A/9773 from Motihari to Mananpur. In the way the tractor turned turtle as...
Dhirendra Kumar Ojha @ Tuntun Vs. Birendra Kumar Ojha
Court: Patna
Decided on: May-03-2010
Mungeshwar Sahoo, J.1. Heard the learned Counsel Sri Sidharth Harsh on behalf of the appellant and the learned Counsel Sri Rakesh Kumar Samarendra on behalf of the respondent.2. This Misc. appeal has been filed by the owner of the vehicle against the order dated 9.9.2008 passed by the Ist Additional Sessions Judge, Aurangabad, in M.V. Case No. 34 of 2007 / 62 of 2008. By the impugned order the learned Tribunal has directed the appellant owner to pay compensation of Rs. 50, 000/- to the claimant respondent within one month from today under Section 140 M.V. Act.3. The learned Counsel for the appellant submitted that the deceased was unauthorized occupant of the vehicle and he was driving the vehicle himself. The vehicle was a goods vehicle and, therefore, the owner is not liable to pay compensation.4. From perusal of the impugned order it appears that the learned court below found that at the time of accident the vehicle bearing Registration No. BR26A-8177 was not insured with the Insura...
Vijoy Sharma Vs. Mano Devi and ors.
Court: Patna
Decided on: May-03-2010
Mungeshwar Sahoo, J.1. Issue notice to the respondent No. 6 only to show cause as to why this appeal be not allowed at the stage of admission itself for which requisites both under registered cover with A/D as also ordinary process must be filed within ten days from today.2. The appellant shall file a copy of the application filed by the respondent No. 6 in the court below wherein he admitted that he is the owner of the vehicle after transfer and he also prayed that he be added as a party in the claim case.3. Heard the learned Counsel for the appellant on the I.A. No. 7087/094. The learned Counsel for the appellant submitted that he is the original owner of the vehicle in question. Prior to accident he had already transferred the vehicle in favour of respondent No. 6. On the date of the accident the respondent No. 6 was plying the vehicle and accident took place. Therefore, respondent No. 6 is liable to pay the interim compensation granted by the court below. The learned Counsel furthe...
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