Patna Court March 2012 Judgments

Ram Vali Yadav Vs. Krishna Mohan Prasad and Others

Court: Patna

1. The judgement and decree dated 27.07.2007 passed by 3rd Sub-ordinate Judge, Aurangabad in Title Suit No. 206 of 2004/107 of 2004/374 of 2006 decreeing the plaintiff’s suit for declaration of title over the suit land is under challenge in this appeal by the defendant nos.4, the purchaser of the suit land from defendant no.1 of the said suit. 2. The plaintiff (Respondent No.1) filed the suit for declaration of his title on the suit land alleging that a cloud is cast upon their title on the execution of a registered sale deed dated 3rd of March, 2004 (Exhibit-6) executed by the defendant no. 1 (respondent no. 4). The plaintiff claimed title over the suit land by virtue of a Will dated 10.10.1961 in favour of their father and since then coming in peaceful possession. Those defendants 1 to 3 (Respondent Nos. 4 to 6) contested the suit by filing a common written statement. The appellant also filed his separate written statement. However, taking a common stand that the suit land had ...

Smt. Shanti Singh and Another Vs. Smt. Sharda Singh

Court: Patna

1. The appeal is directed against the order dated 22nd of July, 2010 passed by the 1st Additional District Judge, Bhojpur at Arrah in Title Suit No.1 of 1998 arising from the Letters of Administration Case No.40 of 1997 filed under section 278 of the Indian Succession Act, 1925 (hereinafter referred to as `the Act’), whereby prayer of the plaintiffs for grant of letters of administration was refused and the suit was dismissed by the judgment under appeal. 2. The short facts of the case are that the plaintiff-appellants filed the aforesaid letters of administration case, which was later on converted into Title Suit No.1 of 1998 for grant of letters of administration with respect to the Will dated 27th of April, 1994 executed by their father Late Jagarnath Prasad Singh, Advocate, Civil Court, Ara with respect to his landed property, detailed in the Will. In the said Will, two witnesses are attesting witnesses, namely, Lakhichand Singh and one Rishimuni Singh. The scribe of the afor...

Rajesh Bhardwaj Vs. the State of Bihar

Court: Patna

Oral order: 1. Since all the petitions arise out of the same case, they have been heard together and are being disposed of by this common order at the admission stage itself. 2.In this case, the petitioner is challenging the order dated 11th July 2011 by which the learned Sessions Judge, Bhojpur, Ara has withdrawn Sessions Trial No.106 of 2010 from the file of learned A.D.J.I, Bhojpur, Ara and transferred the same to the file of learned A.D.J.III, Bhojpur, Ara. 3.This case has a checkered history, as the case is arising out of U.D.Case No. 42 of 2007 which was registered as the dead body of the victim girl, namely, Sonu was found lying near the Railway track at Karisath Railway Station and later on, on the basis of complaint made by Birendra Prasad Singh, father of deceased Sonu Kumari, a properly constituted Police Case, vide G.R.P.,Ara P.S.Case No. 73 of 2007 dated 6th December 2007 was registered for the offences under Sections 302, 201 and 120B IPC in which the allegation was made ...

Lallan Singh and Others Vs. Binod Shankar Singh and Others

Court: Patna

1. In this appeal, the order refusing to revoke grant of succession certificate pursuant to the order dated 7.1.2002 in Succession Case No.38 of 2001 vide order dated 26.5.2010 in Revocation Case No.50 of 2002 is under challenge. 2. The short facts of the case are that on an application filed by respondents 1 and 2, a succession certificate was granted by order dated 7.1.2002 in Succession Case No.38 of 2001 with respect to certain Bank deposits to the tune of Rs.5,52,888.04 paise in different Banks, as indicated in Schedule A of the application for grant of above succession certificate. Testator Kailash Singh had a Bank locker in the concerned branch of the Punjab National Bank and the locker on being opened and in course of preparation of the inventory of the articles of the said locker of Kailash Singh, it was found that respondents no.1 and 2 were his nominees as also one Will dated 8th of August, 1999 in favour of the above nominated persons with respect to his landed property. It...

A.K. Upadhyay Vs. the State of Bihar

Court: Patna

Reported in: 2012CrLJ2560

CAV JUDGMENT 1. Criminal Misc. No.26541 of 2002 filed on behalf of the petitioner, A. K. Upadhyay, Criminal Misc. No.26542 of 2002 filed on behalf of the petitioner, Vijay Shankar Dubey, Criminal Misc. No.25700 of 2002 filed on behalf of the petitioner, Radhika Ranjan Prasad and Criminal Misc. No.25214 of 2002 filed on behalf of the petitioners, Mukund Prasad and Umesh Narayan Panjiar, under Section 482 of the Code of Criminal Procedure, are to quash the order dated 3.8.2002 passed in Complaint Case No.1092(C) of 2001/T.R. No.1612 of 2002 by the Chief Judicial Magistrate, Patna, summoning the accused-petitioners abovenamed and the accused, Mr. Shivendu, named in the complaint petition, on inquiry under Section 202 of the Code of Criminal Procedure, finding prima facie case under Sections 166, 418 and 120-B of the Indian Penal Code and are also to quash the entire criminal proceedings, arising out of the aforesaid case, against them. Hence, all the aforesaid criminal miscellaneous appl...

Priya Ranjan Kumar Mehta Vs. the State of Bihar Through Department of ...

Court: Patna

Reported in: 2012CrLJ2295

CAV ORDER 1. The sole petitioner, who is an accused in a trap case registered for the offence under Sections 7, 13(2) read with 13(1)(d) of the Prevention of Corruption Act, 1988 (hereinafter referred to as the “P.C. Act”) has approached this court invoking its inherent jurisdiction under Section 482 of the Code of Criminal Procedure, with a prayer to quash an order dated 27.11.2007 passed by the learned Special Judge, Vigilance (Trap), Patna, in Special Case No. 37 of 2007 arising out of Vigilance P.S. Case No. 110 of 2007 registered on 04.10.2007. By the said order i.e. the order dated 27.11.2007 the learned Special Judge on perusal of F.I.R., charge sheet, case diary and sanction order has taken cognizance of offence under Sections 7/13(2) read with Section 13(1)(d) of the Prevention of Corruption Action, 1988 (hereinafter referred to as the “P.C. Act”). 2. Short fact the case is that one Ram Surat Rai lodged a complain addressed to the Superintendent of Poli...

Yugeshwar Singh Vs. the B.R.A. Bihar University Through the Registrar ...

Court: Patna

Reported in: 2012(3)LLN468

ORAL JUDGMENT JAYANANDAN SINGH, J. 1. Petitioner of this writ application is aggrieved by a notification of the University, contained in Memo No. B/1639 dated 27.09.2008 (Annexure-3), by which his date of superannuation had been notified as 01.03.2008. He has prayed for quashing of the same and for a direction to the University authorities to reinstate him as a class-IV employee of S.R.K.G. College, Sitamarhi (in short „the College’) and allow him to continue in service till he attains the age of 62 years. The short facts of the case are that the petitioner was appointed as a Lab Boy in the Department of Chemistry on 01.02.1964 by the Management of the College. Subsequently while he was in service of the College, he appeared and passed his matriculation examination in March, 1972 and was issued marks-sheet (Annexure-1). In the marks-sheet, his date of birth was shown as 02.07.1952. Thereafter, in 1975 the College was taken-over by the University as a constituent college and...