Patna Court April 2011 Judgments
Sanjay Bohtogi.Vs Binod Prasad.
Court: Patna
Decided on: Apr-29-2011
1.Anjana The appellant is aggrieved with the judgment of acquittal of Prakash, J:the respondent passed by the S.D.J.M., Patna City in Complaint caseNo.133 of 1987 by a judgment dated 24.4.1991.2.On going through the judgment of acquittal, I do not find anyillegality or perversity in the same. The appeal is dismissed....
Tag this Judgment!Sunil Kumar. Vs. State of Bihar.
Court: Patna
Decided on: Apr-29-2011
1. The present appeal questions the correctness of the judgment of conviction passed against the appellant by the learned 2nd Additional Sessions Judge, Hilsa on 12.7.2005 in S.T. No. 102 of 1991 by which the solitary appellant was found guilty of committing offences under sections 376/511 and 307 IPC and section 27 Arms Act while the appellant was acquitted of the charge under section 452 IPC. After hearing the appellant on sentence on 16.7.2005, the learned trial judge directed the appellant to suffer rigorous imprisonment for ten years under section 307 IPC and five years under sections 376/511 IPC. As regards the conviction of the appellant under section 27 Arms Act, the appellant was directed to suffer rigorous imprisonment for one year only.2. The prosecution case is contained in the Fardbeyan of P.W. 1 Damyanati Devi recorded on 28.8.1990 at 3 P.M. by S.I. Rajdeo Prasad at village Dariyapur. It was stated that the informant was residing at the house of her maternal grand mother ...
Tag this Judgment!Rajendra Dubey .Vs State and Amp; ors
Court: Patna
Decided on: Apr-29-2011
1.Navaniti Prasad Singh, J. The petitioner was a teacher working on duly sanctioned post and with due approval of the BiharSanskrit Shiksha Board prior to the 1989 ordinance, thatis, prior to 06.12.1989. On that day the ordinance in theshape of ordinance no.39 of 1982 promulgated which continued up to 01.05.1992 whereafter no ordinance were further issued nor the ordinance was converted into 2.Act. Thus, ordinances lapsed. The dispute in the present case is as to what is the status of the petitioner after lapsing of the ordinance as the petitioner was beyond the "Manak Mandal" though duly appointed on sanctioned vacant post and approved by the Bihar Sanskrit Shiksha Board.3.Having considered the matter, in my view, this question has already been settled by this Court in the case of Deo Shankar Jha v. The State of Bihar & Ors. in C.W.J.C. No.216 of 1998 disposed of on 16th September, 2010 since reported in 2010 (4) PLJR 346.4.This Court has clearly held that after lapsing of ordinance t...
Tag this Judgment!Sheo Shankar Singh Vs the State of Bihar
Court: Patna
Decided on: Apr-29-2011
1.Petitioner has retired as officiating Chief Engineer on 31st of December, 1996. Just few 2months before his superannuation, vide Order No. 65, dated 15.03.1996, communicated vide Memo No. 478, dated 15.03.1996, the petitioner was awarded punishment by the Government, differing with the Inquiry Report in a Departmental Proceeding.2.Prayer of the petitioner is to quash the Order No. 65, dated 15.03.1996, Annexure-26 and also to cancel the last pay certificate, issued by the Accountant General, Bihar, reducing three increments, already approved to the petitioner, prior to 15th December, 1995. The Accountant General has issued such last pay certificate in compliance of the punishment awarded in the Departmental Proceeding relating to withholding of three increments with cumulative effect.3.Petitioner's grievance is that legally, Accountant General could not have issued last pay certificate, reducing three increments, which has already been approved, much before the imposition of punishme...
Tag this Judgment!Lt.Col.Vijoy Kumar Prasad and ors.Vs the Union of India and ors
Court: Patna
Decided on: Apr-29-2011
1.This petition under Article 226 of the Constitution is filed by the petitioner, a Lt. Colonel in the Army, to challenge the communication dated 13th September 1996 of the Army Headquarters, New Delhi cancelling the earlier communication dated 21st May 1991. The impugned communication states that the petitioner, a Major in the Army, posted at Danapur Cantonment, holds the rank of `Substantive Major' and not `Lt. Col. (Time Scale)'.2.It is the claim of the petitioner that under the letter dated 21st May 1991 he was promoted to the rank of `Substantive Lt. Patna High Court CWJC No.10002 of 1996 29-04-2011 Colonel by Time Scale'. Under the impugned communication he has been shorn of his promotion and the status of Lt. Colonel in violation of principle of natural justice. From amongst the several Majors promoted as Lt. Colonels, the petitioner was singled out for demotion to the post of Major. The petitioner has, thus, been meted with discriminatory treatment.3.The petition is contested b...
Tag this Judgment!Gyan Sheela Devi and ors. Vs Lalla Singh Plaintiff
Court: Patna
Decided on: Apr-29-2011
1. The defendants have filed this first appeal against the Sahoo, J.judgment and decree dated 21.09.2005 (decree signed on 5.10.2005) passed by Sri Nand Kishore Prasad Gupta, the learned Sub Judge-II, Danapur in title Suit No. 132 of 1997 decreeing the plaintiff- respondent No.1 suit for declaration of title.2. The plaintiff-respondent No.1 Lalla Singh filed the aforesaid Title Suit No. 132 of 1997 praying for declaration that the plaintiff has exclusive title over the suit land fully described in Schedule 2 at the foot of the plaint and further for declaration that the defendants have no title. The plaintiff also prayed for injunction against the defendants with regard to Schedule 2 property.3. The plaintiff prayed for the aforesaid reliefs alleging that Misri Singh was the only son of Sarwan Dhari Singh. On the death of Sarwan Dhari Singh, Misri Singh inherited his entire property. Misri Singh was married with Bechani Kunwar. Out of love and affection and service rendered by Bechani ...
Tag this Judgment!Sitaram KediA. Vs. the State of Bihar.
Court: Patna
Decided on: Apr-27-2011
1. The claimant has filed this First Appeal against the Judgment and Award dated 30.07.1997 passed by Sri Ramesh Jha, the learned Land Acquisition Judge, Naugachia, Bhagalpur in L.A. No.3 of 1989 dismissing the said reference petition filed by the appellant.2. It appears that the land of the claimant-appellant measuring 56 decimals was acquired by the State of Bihar for the purpose of construction of the house of the employees of the Flood Control Department. Notification under Section 4 of the L.A. Act was published on 17.09.1982. The Collector fixed the market value of the acquired land at Rs.8,296.40/- @ Rs.14,815/- per acre. The appellant filed application under Section 18 of the Land Acquisition Act praying for enhancement of the compensation on the ground that the land of the applicant is situated near college, school, resident colony and also it is close to Naugachia Bazar. The market value of the land prior to acquisition was Rs.20,000/- per kattha. The applicant also claimed R...
Tag this Judgment!Kuldip Singh. Vs. Amrik Singh, and ors.
Court: Patna
Decided on: Apr-27-2011
1. Taught counsel for the applicant-appellant states that jamabandis Annexure A-1 and Annexure A-2 have been produced in evidence in the trial court. Accordingly, application is allowed and Annexures A-1 and A-2 are taken on record, subject to all just exceptions. Main Appeal:2. Kuldip Singh defendant, having lost in both the courts below, has filed the instant second appeal.3. Civil Suit No.280 of 2000, out of which the instant second appeal has arisen, was filed by Amrik Singh respondent no.1/plaintiff no.1 and his mother Resham Kaur (since deceased and represented by respondents no.2 and 3 as her legal representatives) against defendant- appellant Kuldip Singh, who is also son of Resham Kaur and brother of plaintiff no.1. The plaintiffs sought separate possession of 7/12th share by partition of four properties in suit. The plaintiffs alleged that the suit properties are joint and they want to partition the same. The defendant inter alia pleaded that property described in head note `...
Tag this Judgment!Rawat Singh. Vs. Mahender Singh.
Court: Patna
Decided on: Apr-27-2011
1. Rawat Singh plaintiff, who was successful in the trial court, but has been non-suited by the lower appellate court, has filed the instant second appeal.2. Plaintiff-appellant filed suit against defendant-respondent Mahender Singh for recovery of Rs.51,000/- alleging that on 11.06.2004, defendant borrowed Rs.33,500/- from the plaintiff and agreed to repay the same with interest @ 2% per month and executed pronote and receipt for the same, but the defendant failed to pay the principal amount and interest. Accordingly, the plaintiff claimed Rs.33,500/- as principal amount and R. S. A. No. 1838 of 2011 2 Rs.17,500/- as interest thereon till filing of the suit. The defendant broadly denied the plaint allegations. The defendant denied having received any loan amount from the plaintiff or having executed any pronote and receipt. It was pleased that earlier, defendant's father Deep Chand had taken loan of Rs.60,000/- from the plaintiff and mortgaged two acres land as security on 31.07.2000 ...
Tag this Judgment!Life Insurance Corporation of India and Another Vs. Urmila Kuer
Court: Bihar State Consumer Disputes Redressal Commission SCDRC Patna
Decided on: Apr-27-2011
Mrs. Renu Sinha, Member: 1. The present appeal is directed against the order dated 28.1.2010 passed by the District Consumer Disputes Redressal Forum, Bhabhua (hereinafter to be referred to as District Forum) in Consumer Complaint No. 14/2008 wherein it was directed to the appellant (O.P.) to pay Rs. six lacs, the sum assured under Triple Cover Endowment Plan to the respondent/complainant along with Rs. 10,000 by way of compensation for mental and monetary loss within two months of the order, failing which interest @ 9% will be payable from the date of order till final payment. 2. Shortly stated the facts of the complaint case are that the respondent/complainant being the nominee of the insured late Munshi Singh filed the complaint in the District Forum stating that her husband had taken a Jivan Mitra Policy under Triple Cover Endowment Plan for a sum of Rs. two lacs under table and term 133/27 on 28.3.2006 bearing Policy No. 514199627 for 26 years from Sasaram Branch of L.I.C. through...
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