Patna Court July 2010 Judgments
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Amrita Priyam. Vs. State of Bihar, and anr.
Court: Patna
Decided on: Jul-14-2010
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 16.1.1999/17.2.1999 passed by the learned Judicial Magistrate, 1st Class, Patna. By the said order, the learned Magistrate has taken cognizance of offences under Sections 420,467 and 468 of the Indian Penal Code in Complaint Case No.1586(C) of 1998.2. Short fact of the case is that the Opp.Party no.2, who was the Secretary of Laxmi Grih Nirman Samiti Ltd. (hereinafter referred to as "the Society") filed a complaint, vide Complaint Case No.1586(C) of 1998, disclosing therein that the petitioner was one of the members of the Society and a piece of land was allotted by the Society to the petitioner with a condition that without permission of the Society , she cannot transfer the said land to anyone. It was alleged that the petitioner without obtaining any permission from the Society has transferred the land to one another...
State of Bihar. Vs. Smt Nasima Begum.
Court: Patna
Decided on: Jul-14-2010
1. This First Appeal has been filed by the State of Bihar under section 54 of the Land Acquisition Act, 1894 against the judgment and award dated 21.02.1978 passed by Shri R.C. Ram, the learned Sub Judge-II, Patna in Land Acquisition Case No. 114 of 1966 allowing in part the reference under section 18 and enhancing the compensation awarded by the Land Acquisition Officer.2. The facts for the purpose of this First Appeal in brief is that the land measuring 0.605 Acres which were comprised within Plot No. 813 & 814 of village-Ranipur, P.S. Kotwali, District-Patna belonging to the respondents, Anisunisa Begum were acquired by State of Bihar by Notification No. 385/8 dated 16.05.1963. The compensation amount of the said land was fixed at Rs 32,000/- per Acre i.e. Rs 22,254/- for the acquired land measuring 0.605 and award was made. The claimant/respondent objected the compensation amount and requested the Collector to refer the matter under section 18 of the Land Acquisition Act.3. After t...
Ramesh Rajgarhia, and anr. Vs. State of Bihar, and anr.
Court: Patna
Decided on: Jul-13-2010
1. Two petitioners, while invoking inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, have prayed for quashing of an order dated 24.5.2000 passed in Complaint Case No.244(C) of 2000, Trial No.1166 of 2000. By the said order, the learned Judicial Magistrate, 1st Class, Khagaria has taken cognizance of offence under Section 379 of the Indian Penal Code and directed for summoning the petitioners.2. Short fact of the case is that the opposite party no.2 filed a complaint petition vide Complaint Case No.244(C) of 2000 alleging therein that on 26.4.1995 at 11.30 A.M., while he was going on a Maxi Taxi, it was forcibly intercepted by petitioners and they directed the complainant to get down from the vehicle and thereafter, the accused persons took the vehicle to some unknown place. It was disclosed that in the vehicle, the accused persons, while carrying the vehicle, also carried some articles of the complainant, which was kept in a bag. On the aforesaid ...
NezamuddIn Ansari, and ors. Vs. Awdhesh Kr Shashtri.
Court: Patna
Decided on: Jul-13-2010
1. The appellants have filed this First Appeal under section 54 of the Land Acquisition Act against the judgment dated 10.06.1992 and award dated 19.6.1992 by Sub Judge- I, Aurangabad in Land Acquisition Case No. 151 of 1974/8 of 1975/17 of 1981 whereby the learned court below on a reference under section 30 of the Land Acquisition Act held that the respondent has got title and possession over the acquired land measuring 19 decimals out of Plot No. 399, Khata No. 3 situated at village, Pandeykhab P.S. & District- Aurangabad and confirmed the award prepared under the name of original opposite party Awadhesh Kumar Shastri and dismissed the claim application filed by the appellants.2. The above mentioned land measuring 19 decimals was acquired by the State Government and the award to the tune of Rs 615.51 was prepared in the name of Awadhesh Kumar Shastri, the original opposite party. Bibi Jainab and others objected the award on the ground that they are the title holder and therefore, the...
Sri Gurunanak Deoji Gurudwara, and ors. Vs. the State of Bihar, and or ...
Court: Patna
Decided on: Jul-12-2010
1. The appellants were allowed two units in Revenue Case No. 192 of 1976-77 in an order passed by the Collector, Katihar dated 10.5.1985.2. Learned Counsel for the appellants makes a short submission that before this order came to be reconsidered by the Additional Collector reducing it to one unit in terms of what the State contends as a retrospective amendment of Section 29(2) (a)(ii) of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land)Act, 1961 after ten years on 30.12.1995. No notice was issued to the appellants before depriving them of the benefits accrued under the earlier order of the Collector. Assailing the judgment under appeal learned Counsel for the appellants submits from Para 5 of the same that the finding that the appellants did not take care to appear before the Additional Collector cannot be sustained for the reason notice had first to be issued and they were to be made aware of pendency of the proceedings by reopening. If notice was not ...
Satish Singh, and anr. Vs. State of Bihar, and anr.
Court: Patna
Decided on: Jul-12-2010
1. Two petitioners, while invoking inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, have prayed for quashing of an order, which was passed long back on 19.3.1999 by Sri R.S. Singh, learned Judicial Magistrate, 1st Class, Katihar in Complaint Case No.355 of 1998. By the said order, the learned Magistrate has taken cognizance of offences under Sections 120B and 420 of the Indian Penal Code against the petitioners.2. Short fact of the case is that Opp.Party no.2 initially filed a complaint, vide Complaint Case No.542 of 1996 on 18.6.1996 alleging therein that in between 31.1.1995 and 9.1.1996 , accused persons had committed offences relating to a land pertaining to Khata No.462 , Khesra No.1275 , measuring an area of 8 decimals . It was alleged that the petitioners in connivance with others had got a false partition deed prepared and thereafter tried to dispossess the complainant. It was alleged by the complainant that they had got some land transfe...
Anita Devi. Vs. the State of Bihar, and anr.
Court: Patna
Decided on: Jul-12-2010
1. The sole petitioner, who complained before the police that her in-laws had tortured her for extracting dowry, has come before this Court for quashing of an order of cognizance dated 31.1.2000 in Case No.135 (2) of 2000 passed by the learned Chief Judicial Magistrate, Patna, whereby the learned Chief Judicial Magistrate has taken cognizance of offence under Section 182 of the Indian Penal Code against the petitioner.2. Short fact of the case is that the petitioner had earlier filed a written complaint before the Officer Incharge of Gaurichak ( Phulwari Out Post) Police Station alleging therein that she was tortured by her in- laws for extracting dowry. On the basis of the said written report, an F.I.R. vide Gaurichak ( Phulwari) P.S.Case No.526 of 1999 was registered on 16.12.1999 . However, after investigation on the direction of the concerned Superintendent of Police, final report was submitted mentioning therein the allegation as untrue and it was also recommended to prosecute the...
State of Bihar. Vs. Nirmala Devi, and ors.
Court: Patna
Decided on: Jul-12-2010
1) The State of Bihar has filed this First Appeal against the Judgment dated Sahoo, J. 17.11.1978 and the Award following thereupon signed on 28.11.1978 by Sri Aniruddh Prasad Sinha, learned 4th Addl. District Judge, Gaya in Land Acquisition Case No.35 of 1977 / 150 of 1976, S.J.I., Nawadah allowing the applicant-respondent's application which was referred to by the Collector under Section 18 of the Land Acquisition Act.2) According to the applicant-respondent, the original applicant No.2, Gini Devi, had taken the Scheduled 'A' land in settlement from the ex-land lord prior to vesting of Jamindari and was coming in possession thereof. Within the said Scheduled 'A', land Khata No.84 was recorded as 'Gair Majrua Malik land which changed its character and became Raiyatti land when she took it in settlement. After vesting the ex-land lord filed return showing her as raiyat of the entire Scheduled 'A' land, her name was mutated in the State Shrista and she continued in possession on payment...
The State of Bihar, and ors. Vs. Sati Kant Mishra, and anr.
Court: Patna
Decided on: Jul-12-2010
1. Heard learned counsel for the appellant and learned counsel for Respondent No.1, who was writ petitioner and has been granted relief by the writ Court by the order under appeal dated 13.7.2006 passed in a writ petition bearing CWJC No. 7087 of 2002.2. A perusal of the order under appeal shows that no one appeared on behalf of the State of Bihar and other official respondents when the writ petition was taken up for consideration. The order further shows that in spite of permission granted by the Court on 4th of July, 2002, no counter affidavit had been filed by the State.3. In those circumstance, the writ Court considered the facts pleaded in the writ petition and has allowed the prayer of the writ petitioner that he was also entitled for replacement scale of Rs.16400-20,000/- as granted to the Directors in other departments of the State of Bihar.4. The writ Court has noticed the basic fact that Director in various departments of the Government of Bihar were in the pay-scale of Rs.51...
Sheo Shankar Tiwary, and anr. Vs. State of Bihar, and anr.
Court: Patna
Decided on: Jul-12-2010
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 10.6.1998 whereby the learned Judicial Magistrate, Gopalganj had taken cognizance of offence under Sections 341 and 323 of the Indian Penal Code in Mirganj (Hathwa) P.S. Case No.221 of 1995/Trial No.582 of 1999, which was instituted on the basis of a complaint case vide Complaint Case No.690 of 1995. The petitioners have also prayed for quashing of order dated 18.12.1999, whereby discharge petition filed by the petitioners was rejected.2. Short fact of the case is that the opposite party no.2 on 24.7.1995 filed a complaint vide Complaint Case No.690 of 1995 in the court of Chief Judicial Magistrate, Gopalganj for the offence under Sections 392/34 of the Indian Penal Code with an allegation that on the date of occurrence i.e. on 23.7.1995, while he was returning, he was intercepted by the two petitioners and on the point of c...
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