Patna Court April 2012 Judgments

Paras Nath Singh and Others Vs. Hukum Chand Singh Minor and Others

Court: Patna

This appeal is directed against the judgement and decree dated 12th August, 1974 passed by 3rd Additional Subordinate Judge, Patna in Title Suit No. 85 of 1971/49 of 1974, whereby the plaintiff’s suit for declaration of title over the suit land described in schedule I of the plaint, as also the deed of gift dated 20.02.1971 executed by the defendant no.3 in favour of the defendant no. 1, the minor son of the defendant no. 2, be declared null and void and not binding upon the plaintiffs, is dismissed. The plaintiff on being aggrieved by the aforesaid judgement and decree has preferred the present appeal. Before adverting to the details of controversy between the parties, it would be fruitful to mention below the admitted genealogical table of the family : “CHART” The elaborate facts of the case as noted in the judgement of the trial Court are not being repeated in the light of the submissions advanced on behalf of the parties in this appeal. However, short relevant fac...

Ram Kripal Singh and Others Vs. the Union of India Through Director of ...

Court: Patna

C.A.V. JUDGMENT K K. Mandal, J 1. Since common facts and issues are involved in this batch of writ petitions they have been heard together with the consent of the parties and are being disposed of by common order. Facts are not much in dispute. For the purpose of disposal of these applications, this Court would notice relevant facts from CWJC No. 3697 of 2009. 2. Petitioner served the Rohtas Industries, Dalmianagar in the District of Rohtas (for short ‘the Industry’) which pulled down its shutter on 07.07.84 and went in liquidation. While working in the said Company on a supervisory post he retired with effect from 07.12.1994 on attaining 60 years of age. He was a member of Employees’ Provident Funds Scheme, 1952. The respondent- Employees’ Provident Fund Organization (for short ‘the Organization’) put up a notice through press on 10.03.98 (Annexure-2) granting such employees of the Company who retired or left the employment between 01.04.1993 and 1...

Ganesh Kumar and Others Vs. Raghunath Sah and Others

Court: Patna

Cav Judgment: The appeal is directed against the judgment and decree dated 20th of May 1985 passed by the 3rd Additional Subordinate Judge, Muzuffarpur in Title Suit No. 104 of 1980, whereby the plaintiff’s suit for declaration of title over the suit property (Schedule-A) of the plaint stands dismissed, hence the appeal by the plaintiffs. The plaintiff’s case in short is that their father Chottelal Sah had two wives, namely Nirsi Devi and Nunuwati. The first wife died issueless sometime in the year 1967. Admittedly, the suit property was purchased by Nirsi Devi, as per the registered sale deed dated 16.07.1923. The papers of the said property was handed over to the plaintiffs sometimes in the year 1967. The name of Nirsi Devi was recorded in the revenue register of the State and the land receipts were being issued is her name. The further case is that the second wife Nunuwati Devi previously married to one Jugeshar Sah of village Dharampur, District – Muzuffarpur and ...

Chamari Chaudhary and Others Vs. the State of Bihar and Another

Court: Patna

Reported in: 2012CrLJ3295

Oral Order: Both the petitions filed under Section 482 of the Code of Criminal Procedure arise out of the same order and as such both the petitions were heard together and are being disposed of by this common order. Heard Shri Rajendra Narayan, learned Senior Counsel, who was assisted by Shri Rakesh Kuamr Sinha No.1, learned counsel for the petitioners, learned Additional Public Prosecutor, who has appeared on behalf of opposite party no.1/State and Shri Manish Kumar, learned counsel, who has appeared on behalf of opposite party no.2/complainant. In both the cases, petitioners have prayed for quashing of an order dated 19.1.2009 passed by the Judicial Magistrate, Ist Class, Gaya in Complaint Case No.338 of 2004/445 of 2009. By the said order, the learned Magistrate has rejected the petition filed under Section 239 of the Code of Criminal Procedure on behalf of accused petitioners for their discharge. Learned Senior Counsel for the petitioners, while assailing the order, submits that wi...

Asha Devi Vs. Deeplal Rai and Others

Court: Patna

1. This appeal is directed against the order dated 25th of May, 2010 passed by the Additional District Judge, F.T.C. III, Sitamarhi, in Probate Case No.06 of 2006/01 of 2008, whereby the application of the applicant (appellant herein) filed under section 276 of the Indian Succession Act, 1925 (hereinafter referred to as “the Act”) seeking grant of probate of the Will dated 4th of May, 2001 stands rejected. 2. The case of the plaintiff-appellant, in short, is that one Ram Dayal Rai, resident of Village-Parwaha, P.S.- Parihar, District Sitamarhi died issueless leaving behind his widow Deorati Devi, who inherited entire movable and immovable property of Late Ram Dayal Rai and she came in possession of the property as an absolute owner. The further case is that the applicant and her husband Rajgir Rai, who happens to be the cousin of Late Ram Dayal Rai, used to look after them as also their property. Since Ram Dayal Rai died issueless and on account of being pleased with the se...

Malay Chatterji and Others Vs. the State of Bihar and Another

Court: Patna

Reported in: 2012CrLJ2240

CAV JUDGMENT 1. Petitioners/accused have filed instant writ with a prayer to quash order of cognizance dated 25.08.2008 passed by Sri Ramayan Ram, Judicial Magistrate, 1st Class, Patna whereby and whereunder petitioners have been summoned to face trial for an offence punishable under Sections 120B, 406, 420, 467, 468 IPC in connection with Complaint Case No. 1848C of 2008 along with entire prosecution so launched on the basis of Complaint Case No. 1848C of 2008. 2. Briefly stated, the prosecution was launched by filing a Complaint Case No. 1848 of 2008 before the learned Chief Judicial Magistrate, Patna at the behest of O.P. No.2, Pratibha Prasad against Dr. Prasoon Kumar Banerjee (since deceased), Dr. Praveer Kumar Banerjee, Archana Mukherjee, Chandana Chatterjee, Maloy Kumar Chatterjee for an occurrence alleged to have committed on 16.11.1998 and onwards disclosing therein that husband of complainant Late Ramesh Prasad along with Vijay Prakash were builders and for that purpose they ...