Patna Court July 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.
Bhagwan Singh. Vs. the Union of IndiA.
Court: Patna
Decided on: Jul-23-2010
1. Heard learned counsel for the petitioner, learned counsel for respondent no.5 and learned counsel appearing for the Union of India.2. Learned counsel for the Union of India submits that the Employment file relating to petitioner and also the letter by which the Employment Exchange had forwarded the name of the petitioner have been made available by the concerned authority for perusal of this Court in the light of orders passed earlier on 16-5-2008 and 12-7-2010.3. On hearing the parties it is found that there is serious dispute over certain documents as well as material facts. The only admitted facts are that the petitioner was appointed as EDDA, Kharenda by order dated 20th September, 2001 and he joined that post on 5-1-2002 but his services were terminated without any notice on 13-2-2003. It appears that even before the petitioner's appointment; on 3-8-2001 the department had issued another notification/requisition calling for names from the Employment Exchange for filling up one ...
Central Bank of IndiA. Vs. M/S Mishra Oil Udyog, and ors.
Court: Patna
Decided on: Jul-22-2010
1) The plaintiff-appellant-Central Bank of India has filed this Appeal against that Sahoo, J. part of the Judgment and decree dated 18.03.1993 passed by the learned Subordinate Judge, 7th Siwan in Title Mortgage Suit No.42 of 1990/85 of 1992 whereby the learned Court below disallowed the claim of interest pendente lite and future on the decreetal amount at contractual rate. 2) The plaintiff-appellant field the aforesaid suit for realization of a sum of Rs.6,88,529.97/- from the defendants-respondents on account of the advance of loan to the defendants. The case of the plaintiff-appellant is that the defendant No.1 is a proprietory firm and the defendant No.2 is sole proprietor who carries on the business of oil milling in the name and style of defendant No.1. The defendant No.3 to 5 respondents are the guarantor of the loan advanced to the defendant No.2. The defendant No.2 applied for loan for the purpose of purchasing oil expeller and motor and a term loan of Rs.26,000/- and a cash c...
Binod Kumar Dudani. Vs. State of Bihar, and anr.
Court: Patna
Decided on: Jul-21-2010
1. The sole petitioner, while invoking inherent jurisdiction of this Court under Section 482 of the Criminal Procedure Code has prayer for quashing of an order dated 07.07.2000 passed by learned Chief Judicial Magistrate, Gopalganj in Trial No 353 of 2000. By the said order, the learned Magistrate has taken cognizance of the offences under Sections 504 and 506 of the Indian Penal Code.2. Short fact of the case is that opposite party No 2 filed a complaint in the Court of Chief Judicial Magistrate, Gopalganj on 2.03.2000 which was numbered as Complaint Case No 275 of 2000. In the complaint petition, it was alleged by the complainant that on 28.08.2000 at about 3 P.M., he being tube-well mechanic, posted in PHED, Gopalganj, was doing repairing of a tube well which was located in the office premises of Gopalganj Treasury. The petitioner, who was Treasury Officer, Gopalganj, arrived and started abusing the complainant. It was alleged that complainant was abused by the petitioner in presenc...
Ram Prasad Singh. Vs. Chandrawati Devi, and ors.
Court: Patna
Decided on: Jul-21-2010
1. This second appeal has been filed by defendant no.1-appellant-appellant challenging the judgments and decree of both the courts below.2. The matter arises out of Title Suit No.17 of 1968 which was filed by plaintiffs-respondents-respondent nos.1 and 2 with respect to two sets of properties detailed in Schedule-I and I(a) of the plaint, namely, 3 katha land out of 57 decimals of Plot No.404 khata no.51 and 42 decimals of Plot No.765 khata no.337; 40 decimals of Plot No.890 khata no.361 as well as 47 3/4 decimals of Plot No.404 khata no.51, all of Mauza Korrara, Pergana- Masaurha, P.S. Paliganj, thana no.336 within the district of Patna, for the following reliefs:- (i) Declaration of title of plaintiffs on the basis of sale deeds dated 10.09.1962 and 17.09.1962 executed by Ramsurith Singh in favour of plaintiff no.2 Hartali Singh in respect of the suit properties and that defendant no.1 had no right, title or interest in the suit property on the basis of sale deed dated 25.08.1962, al...
Ganesh Pandey. Vs. State of Bihar.
Court: Patna
Decided on: Jul-21-2010
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 an order dated 4.5.2000 passed by the Additional Sessions Judge V, Vaishali at Hajipur in Sessions Trial No.220 of 1998 arising out of Vaishali P.S. Case No.170 of 1996. By the said order, the learned Additional Sessions Judge has rejected the petition filed under Section 227 of the Code of Criminal Procedure on behalf of the petitioner for his discharge.2. Short fact of the case is that in the night on 4.12.1996 about 15 to 20 accused persons entered into the house of the informant and thereafter, killed the husband of the informant. At the time of occurrence, the informant wanted to save her husband however even she also received fire arm injury and thereafter, a bomb was also thrown on her causing serious injury on her. On the basis of fardbeyan of Hadisan Khatoon, an F.I.R. vide Vaishali P.S. Case No.170 of 1996 was registered ag...
Ramakant Singh. Vs. Pramod Kumar GuptA.
Court: Patna
Decided on: Jul-21-2010
1. This civil revision filed under section 14(8) of the Bihar Buildings (Lease, Rent & Eviction) Act, 1982(hereinafter to be referred to as "the Act") is directed against the order/judgment and decree dated 21st February, 2009, passed by the Munsif II, Begusarai directing the defendant-petitioner to deliver the vacant possession of the suit premises within sixty days to the plaintiff, otherwise the plaintiff would be at liberty to get the premises vacated by due process of law.2. The plaintiff-opposite party instituted Eviction Suit No. 12 of 1999 for eviction of the defendant- petitioner on the ground of bona fide personal requirement of the suit premises. The claim of the plaintiff, as set up in the plaint, is that the suit premises, which is land and house standing over the same as described in Schedule I of the plaint, was acquired by his father through a sale deed. After the death of his father there was partition in the family in the year 1990 upon which the suit property came in...
Raghunath Choudhary. Vs. State of Bihar.
Court: Patna
Decided on: Jul-21-2010
1. This appeal has been preferred by the sole appellant named above against the judgment of conviction and order of sentence dated 17th March, 2003 passed in Sessions Trial No. 397 of 1998 / 58 of 2003 by the learned Additional Sessions Judge, F.T.C. No. IV, Samastipur whereby he was convicted under Section 302 of the Indian Penal Code and Section 27 of the Arms Act for killing Most. Bhagerni Devi and he has been sentenced to undergo rigorous imprisonment for life under Section 302 of the Indian Penal Code with fine of Rs. 10,000/- and in default of payment fine he has to undergo simple imprisonment for two years. The appellant was further sentenced to undergo rigorous imprisonment for three years with a fine of Rs. 1,000/- under Section 27 of the Arms Act and in default of payment of fine he was directed to undergo simple imprisonment for two months. It was ordered that all the sentences shall run concurrently.2. The prosecution case started on the basis of a fard- beyan (Ext.3) resul...
Brij Nandan Prasad. Vs. Uchit Singh.
Court: Patna
Decided on: Jul-21-2010
1. Heard learned counsel for the appellant and respondent.2. This appeal has been preferred by the appellant against order dated 04th December, 2002 passed by Subordinate Judge, First , Patna in Miscellaneous Case no.23 of 1998 dismissing the same on contest and refusing to set aside ex- parte judgment and decree passed in Title Suit no.589 of 1990 in the year 1993.3. The relevant and admitted short facts of this case is that respondent had filed the suit bearing no. 589 of 1990 for specific performance of contract against the appellant who did not contest the suit. It was decreed ex-parte and the execution proceeding was initiated. As per appellant he got information of the suit and filed the Miscellaneous case seeking relief for setting aside the decree on the ground that he had not been served with any type of summon or notice at any point of time, had sufficient cause for non-appearance / participation in the suit. There was another suit between the parties at Gaya wherein the plai...
Jai Kant Prasad, and ors. Vs. State of Bihar.
Court: Patna
Decided on: Jul-21-2010
1. Both the above appeals have been heard together and are being disposed of by this common judgment because they have arisen out of one judgment.2. The above three appellants along with other three accused were put on trial. By order dated 19.12.2003 passed by Sri Paras Nath Sinha, Presiding Officer, Addl.Court (Fast Track), Munger in Sessions Case No. 37 of 1997 appellant Nawal Prasad was found guilty under Section 302 of the Indian Penal Code and under Section 27 of the Arms Act and further this appellant Nawal Prasad, Jitendra Prasad and Jai Kant Prasad were found guilty under Section 302/34 of the Indian Penal Code and 27 of the Arms Act. By the said order, three other accused namely, Nandlal Mandal, Subhash Prasad and Sujit Prasad were not found guilty under Section 302/149 of the Indian Penal Code and under Section 27 of the Arms Act, so they were acquitted of the charges and discharged from the liabilities of their bail bonds. By order dated 22.12.2003, appellant Nawal Prasad w...
Arbind Kumar Mehta, and ors. Vs. State of Bihar, and anr.
Court: Patna
Decided on: Jul-20-2010
1. The petitioners seek quashing of the entire proceeding of Complaint Case No. 2279 of 2002 pending before the Judicial Magistrate, 1st Class, Katihar, including the order dated 24.9.2003 by which he has taken cognizance for offences under Sections 323 and 379 of the Indian Penal Code. 2. On 4.1.2005, notices were issued to the opposite party no. 2 and further proceeding in the court below was stayed. Thereafter, on 24.11.2005, the matter was admitted for hearing.3. Today, even though the counsel for the petitioners is present in Court, but none appears on behalf of the opposite party no. 2.4. The case of the Complainant is that she was marred to the petitioner no. 1 in 1990 and lived with her inlaws till 1998. Thereafter, the present petitioners who happened to be the husband, step mother-in-law, step brother-in-law, uncle-in-law and the aunt-in-law started torturing her for various reasons. A number of panchayaties are said to have taken place between the parties but the matter was ...
- ‹ Prev
- 1
- 3
- 4
- 5
- 6
- 7
- 8
- Next ›
- Last »