Patna Court November 2011 Judgments

Sateyendra Kumar @ Rajeev Ranjan and Others Vs. Most. Shakuntala Kumar ...

Court: Patna

1. The maintainability of a petition by a third party assailing an order recording compromise between the parties to the suit on the ground of fraud and further the jurisdiction of the Court to recall the said order on the basis of the finding of fraud are the core questions arising for determination in this revision application. The learned counsels appearing on behalf of both the parties have been heard at length. 2. Indisputably, the T.P.S.No. 112/1986 was filed by the Petitioner no.1 of this revision application as sole plaintiff seeking the relief for partition of his 1/5th share in the suit properties. He impleaded his father, mother and two brothers as defendants and asserted that they were the members of a Hindu joint family governed by the Mitakshra law and the suit properties comprising movable and immovable properties were their ancestral joint family properties in which he had got 1/5th share. In this suit a compromise petition was filed by the parties and by order dated 22...

Professor Dr. Akhauri Madhu Rani Sinha Vs. Mathura Prasad

Court: Patna

1. The plaintiff-respondent brought Eviction Suit No.10 of 2008 against the defendant-petitioner under section 11 of the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1982, (hereinafter referred to as „the B.B.C. Act‟) on the ground of default in payment of rent. 2. The petitioner took on rent suit premises situated on second floor of building standing on Plot No.160, Holding No.7938, Circle 249, Ward No.34, in Mohalla- New Punaichak, Boring Canal Road, Patna. The defendant-petitioner alleged that during the pendency of the civil suit, the respondent (plaintiff) disconnected the electric supply. The defedant/petitioner filed an application on 4.5.2011 before the trial court with a prayer to restore electric connection, under section 10 of the B.B.C. Act. 3. On the other hand, the plaintiff-respondent raised issue of maintainability and jurisdiction of Civil Court to entertain an application for restoration of amenities snapped or withheld by landlord in its object...

Senior Divisional Engineer(2), Eastern Railway, Mugalsarai and Another ...

Court: Patna

1. Petitioner by virtue of their post as well as name, has filed instant writ with a prayer for quashing of Forest Case No.172 of 2001 pending in the court of Chief Judicial Magistrate, Rohtas at Sasaram under Section 33 read with Section 41,42 of the Indian Forest Act. 2. Forest Range Officer filed written report on 23.04.2001 before the learned CJM disclosing therein that on the same day while he was patrolling Amri reserve forest, seized tractor bearing Registration No.BR 24B 0663 laden with stone. The driver, contractor and labourers have made their safe escape. It has further been disclosed that Railway Department is illegally making stone quarry through contractor. At an earlier occasion too on 23.4.2001 a tractor was seized for which Complaint Petition No.172/2001 was filed. Theaforesaid complaint petition was annexed with seizure list and other relevant documents. 3. It has been submitted on behalf of the petitioner that petitioner no.2 happens to be the Senior Divisional Owner...

Shafique Ahmad and Another Vs. the State Bank of India and Others

Court: Patna

1. This writ petition has been filed by the petitioners for the following reliefs:- (i) For issuance of a writ in the nature of mandamus directing the respondents to accept the proposal of petitioner no.1 for settlement of Cash Credit Loan Account of its business firm namely M/s New Royal Shoe, Gaya in terms of the SBI OTS SME, 2010 scheme (hereinafter referred to as the “OTS Scheme”) which proposal is lying pending with the respondents since long without any response; (ii) For issuance of a writ in the nature of mandamus directing the respondents to allow the petitioner to liquidate the dues of aforesaid account in terms of the aforesaid OTS Scheme which is itself perfectly applicable in the case and the proposal in connection whereof along with 10% of the upfront/pre-deposit has already been submitted with the respondents well within the prescribed time and manner as provided under the OTS Scheme; (iii) For issuance of a writ in the nature of mandamus directing the respon...

Rajesh Kumar Tiwary Vs. State of Bihar and Another

Court: Patna

Reported in: 2012CrLJ276(NOC)

1. This petition has been filed by the petitioner- Rajesh Kumar Tiwary for quashing the order dated 4.6.2009 passed by Sri N.B.Lal, Judicial Magistrate, Bhagalpur in Complaint Case no. 880/2008 by which and whereunder the learned Magistrate having found prima facie case under sections 323 and 504 of the IPC ordered to issue summons upon the petitioner to procure his attendance for facing trial in the above stated case. 2. I have already heard all the parties and in my view, this petition can be disposed off at the stage of admission itself. 3. The brief fact, which lies to file this quashing petition, is that opposite party no.2, namely, Dr Awadhesh Kumar Jha, filed Complaint Case no. 880/2008 in the court of learned Chief Judicial Magistrate, Bhagalpur alleging therein that on 15.5.2008 at about 12 p.m, while he was examining his patients in his clinic-cum-residential house, the petitioner entered his clinic and asked to send Rs 10,000/- using abusive language and when opposite party ...

Lallan Prasad Singh, Resident of Village Paharpur, Vs. the State of Bi ...

Court: Patna

1. Heard Mr. Bindhyachal Singh, learned counsel for the petitioner and Mr. Vinay Kirti Singh learned counsel appearing for the Bihar State Electricity Board (hereinafter referred to as the ‘Board’) i.e., respondents no. 4, 5 and 6 as well as learned A.C. to G.P. 20 for respondents no. 1 to 3. 2. The present writ application has been filed for seeking compensation of Rs. 5 lacks along with 18% interest to the petitioner on account of Electrocution of the father of the petitioner resulting in death due to snapping of electric wire. 3. The brief facts relevant for the disposal of the present writ petition are as under. 4. The petitioner along with his father were returning with agricultural produce on their bicycle and on their way, it is alleged that high tension electric wire running overhead fell down upon the petitioner as a result of which the bundle of dried maize plants being carried by the petitioner’s father got burnt, he fell down on the ground and was electroc...

Badsah Sah and Others Vs. the State of Bihar

Court: Patna

ORAL JUDGMENT: NAVANITI PRASAD SINGH, J. The present appeal by the three appellants against the judgment dated 31.3.1989 by which the learned 5th Additional Sessions Judge, Saran at Chapra has convicted them under Section 302 of the Indian Penal Code and Section 302 read with Section 34 of the Indian Penal Code respectively in respect of appellant no.1 and appellant nos. 2 and 3 and sentenced them to life imprisonment. We have heard Mr. Rama Kant Sharma, learned Senior counsel at length as well as learned A.P.P. in the case. The prosecution case is based upon the fardbeyan of Harendra Singh (P.W.6), which was recorded at Chapra Sadar Hospital . P.W.6- Harendra Singh happens to be the brother of the deceased Ashok Kumar Singh. The statement was recorded at about 7 P.M.on 2.2.1987 and was witnessed by Purendra Narayan Singh (P.W.1) and Anil Singh (P.W.5). It is alleged that when the informant and his brother Ashok Kumar Singh were at their motor-parts shop at Daudpur Bazar at about 5 P.M...

Dhanwarti Devi Resident of Village and P.O. Agion Vs. the State of Bih ...

Court: Patna

Heard counsel for the petitioner and learned counsel appearing on behalf of the State Election Commission as well as learned counsel appearing on behalf of Respondent no.6. The petitioner in effect prays for unseating respondent no.6 and for issuance of certificate of being elected as Mukhiya in her favour. The petitioner along with respondent no.6 and others contested election for the post of Mukhiya of Agion Gram Panchayat held in the year 2011. On 18.5.2011, the counting of the result of Agion Gram Panchayat concluded and the Returning Officer issued details of election result under rule 81(1) of the Bihar Panchayat Election Rules, 2006 (hereinafter referred to as "the Rules’). As per the details of votes secured by the candidate mentioned in declaration form prepared under rule 81(1) of the Rules, the petitioner polled 638 votes, whereas Dhanamuni Devi secured 637 votes. The grievance of the petitioner is that subsequently another declaration under Rule 81(1) of 2006 Rules wa...

Md. JalaluddIn Khan Vs. the State of Bihar the Principal Secretary, Ur ...

Court: Patna

1. The petitioner who is the Chief Councillor of Nagar Parishad, Sitamarhi originally prayed for the following reliefs: i) To issue an appropriate writ/order/direction in the nature of Mandamus commanding the respondent no.4 Executive Officer, Nagar Parishad, Sitamarhi not to issue notice of the special meeting of no-confidence motion, if the meeting of no-confidence motion is fixed by the requisitionists, as per Rule 2(iii) of the Bihar Municipal No Confidence Motion Process Rules, 2010 ii) To issue an appropriate writ/order/direction in the nature of Certiorari for quashing the requisition dated Nil issued by the Councillors of Nagar Parishad, Sitamarhi (hereinafter referred to as the ‘Nagar Parishad’) for calling special meeting of no-confidence motion against the petitioner which has been received in the office on 5.8.2011 (as contained in Annexure-10) iii) To any other relief or reliefs for which the petitioner is found to be entitled in the facts and circumstances of ...