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Patna Court May 2012 Judgments

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May 12 2012

Binod Sahni and ors. Vs. the State of Bihar

Court: Patna

Decided on: May-12-2012

IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.30667 o1. Binod Sahni, Son of Kesho Sahni. 2.Bikash Sahni @ Vishal Kumar Sahni, Son of Binod Sahni. 3.Rekha Devi, Wife of Binod Sahni. All residents of Mohalla Gorhi Tola Lallupokhar, P.S. Kasim Bazar, District Munger. -------Petitioners Versus The State Of Bihar -----Opposite Party ----------------- 04/- 12/01/2012 Heard learned counsel for the petitioners, learned counsel for the informant and learned Additional Public Prosecutor for the State, who is armed with carbon/xerox copy of the case diary. The petitioners are apprehending their arrest in connection with a case registered for the offence punishable under Sections 302/34 of the Indian Penal Code, are named accused in this case instituted after about twenty days of the occurrence after death of deceased brother of the informant aged about fourteen years at P.M.C.H. during treatment. Submission is that in a petty dispute between the kids of the family some sort o...


May 12 2012

Ashok Kumar Chaudhary @ Ashok Chaudhary Vs. the State of Bihar

Court: Patna

Decided on: May-12-2012

IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.338 of 2012 Ashok Kumar Chaudhary @ Ashok Chaudhary Versus The State Of Bihar ---------------------------------- 03. 12.01.2012 Petitioner is apprehending his arrest in a case registered for the offences under Sections 16(i)(a) of the Prevention of Food Adulteration Act. The accusation is of selling adulterated Urad Dal. The report of the Public Analyst suggests that Urad Dal has dirt, clay, whitish powder. It is submitted by learned counsel for the petitioner that it can not be termed as adulterated as it only does not confirm to the prescribed standard. Moreover petitioner was not manufacturer of the grain in question, rather he was only a retail dealer. Considering the aforesaid facts including the analyst report, let the petitioner namely Ashok Kumar Chaudhary @ Ashok Chaudhary, in the event of his arrest or surrender before the Court below within a period of 12 weeks from today, be released on anticipatory bail on ...


May 12 2012

Md.Qurban Ali Vs. the State of Bihar and anr

Court: Patna

Decided on: May-12-2012

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.1523 of 2009 Md.Qurban Ali Versus The State Of Bihar & Anr ---------------------------------- 02. 12.01.2012 Both sides present. A counter affidavit has been filed on behalf of respondent no.2 which is taken on record. There is no dispute between the parties that the issue raised in this application was raised by another employee of the Ara Municipal Corporation in another writ application which was disposed of. Aggrieved thereby, the Ara Municipal Corporation filed two appeals being LPA Nos. 863/07 and 914/07. Said appeals were allowed by judgment and order dated 4.3.2009 (Annexure-B to the counter affidavit). The matter is now pending before Honble Apex Court. Learned counsel for the petitioner submits that the present application be listed after eight weeks. In the meanwhile, the Apex Court is likely to take up the matter. Learned counsel for the respondents, on the other hand, contends that present application...


May 12 2012

Chaurasia Raj Kishore College, Hajipur, Vaishali Vs. Mr. Alnjani Kumar ...

Court: Patna

Decided on: May-12-2012

IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Jurisdiction Case No. 3276 of 2010 Chaurasia Raj Kishore College, Hajipur, Vaishali Versus Mr. Alnjani Kumar Singh & Ors. ---------------------------------- 07. 12.01.2012 This Court by order dated 28.09.2011 had issued show-cause to the University for non-complianace of its order dated 19.07.2010 by which the University was directed to grant permanent affiliation to the institution of the petitioner within a certain time frame. It also took note of the show-cause filed on behalf of the BRA Bihar University wherein it has been mentioned that a notification has been issued and annexed in anticipation of approval of the Academic Council and the Syndicate. Time was granted to the University for filing a supplementary-show-cause informing the Court that approval had been granted by the Academic Council and the Syndicate for permanent affiliation. Now the counsel for NCTE and BRA Bihar University agree that as per the NCTE Act, 1993 the...


May 12 2012

Ram Lal Sah Vs. Most.Rajmuna Kuar

Court: Patna

Decided on: May-12-2012

IN THE HIGH COURT OF JUDICATURE AT PATNA Second Appeal No.205 of 2005 Ram Lal Sah Versus Most.Rajmuna Kuar ---------------------------------- 06. 12.01.2012 Heard Mr. U.S.Singh, the learned counsel for the appellant. The appellant in this appeal was defendant in the title suit which was dismissed as not maintainable due to want of cause of action, non-joinder of necessary parties, non-payment of court fee and due to bar under Section 4 (b) of the Bihar Consolidation of Holdings and Prevention of Fragmentation Act, 1956 although some findings were also recorded in the judgment against the present appellant. It is not in dispute that the suit was filed by the plaintiff for declaration of his title and possession over the suit land claiming on the basis of settlement from the ex-landlord. The defendant resisted the claim of the plaintiff and set up his own title on the basis of settlement from the ex-landlord as well as on the basis of Basgit Parcha granted by the State Government in his ...


May 12 2012

Smt.Koraisa @ Koraisa Mehtarni Vs. the Barh Nagar Parishad and anr

Court: Patna

Decided on: May-12-2012

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.406 of 2012 ====================================================== 1. Smt. Jaibuj Mehtarani Wife Of Moh. Karim Resident Of Mohalla Masud Bigha Near Barh Thana, P.S. Barh, District-Patna .... .... Petitioner/s Versus 1. The Barh Nagar Parishad Through Its Executive Officer, Barh, Patna 2. The Executive Officer, Barh Nagar Parishad, Barh .... .... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No.650 of 2012 ====================================================== 1. Smt.Sumitra @ Sumitra Domin Wife Of Late Lakhan Resident Of Mohalla-Masud Bigha Near Barh Thana, P.S. Barh, District-Patna .... .... Petitioner/s Versus 1. The Barh Nagar Parishad Through Its Executive Officer, Barh, Patna 2. The Executive Officer, Barh Nagar Parishad, Barh .... .... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No.445 of 2012 ==...


May 12 2012

Lal Muni Thakur Vs. the Union of India and ors

Court: Patna

Decided on: May-12-2012

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.1692 o1. Lal Muni Thakur son of late Ayodhya Thakur resident of village & P.O. Bishnupur Aahok Via Khagaria P.S. Sahebpur Kamal ( Balia),Dist. Begusarai. ---Petitioner. Versus 1 The Union Of India through its Ministry of Finance, Govt. of India, Delhi. 2 The Pay & Account officer, Central Pension Accounting office, Ministry of Finance, Govt. of India, Trikoot II Complex, Bhikaji cama place, New Delhi 110066. 3 The Director General of Shashtra Seema Bal, Ministry of Home Affairs, East Block V, R.K.Puram, New Delhi.110066. 4 The Inspector General, FTR H.Q Rukunpura, House Road, Rukunpura, Bailey Road, Bihar Patna 5 The Commandant, 19th BN SSB Bathnaha P.O. Bathnaha, Dist. Araria, Bihar 6 The Chief General Manager, State Bank of India, Judges Court Road, Bihar, Patna. 7 The Branch Manager, State Bank of India, Branch Khagaria, Bihar. ---Respondents. ---------------------------------12. 01.2012 Nobody appears on behal...


May 12 2012

Bihar Cricket Association and anr Vs. the Board of Control for Crick

Court: Patna

Decided on: May-12-2012

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.759 of 2012 Bihar Cricket Association & Anr Versus The Board Of Control For Cricket & Ors12. 1.2012 This writ petition has been filed by the Bihar Cricket Association challenging the Boards decision to hold to hold cricket matches excluding the participation of the Bihar team. The dispute that has arisen is that the petitioner claims that it has selected a team which is not being allowed to participate in the on going cricket matches whereas the appellant of L.P.A. No. 1713/2011 which also claims to be an ad hoc committee of the Bihar Cricket Association has selected a team. The question is as to which of the team should be allowed to participate in the cricket matches. I.A. No. 6/2012 has been filed on behalf of the petitioners in the letters patent appeal for clarification of the order, dated 15.12.2011 passed by the Division Bench granting interim stay to the order passed by the learned single Judge, whereas I....


May 12 2012

Ram Uchit Mahto Vs. the State of Bihar

Court: Patna

Decided on: May-12-2012

IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.44648 of 2011 Ram Uchit Mahto Versus The State Of Bihar ----------- 02/ 12.01.2012 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State. Petitioner is in jail custody since 2.8.2011 in a case registered under sections 302, 201/34 of the IPC. It would appear from perusal of the first information report as well as the impugned order that it is a case of last seen and the petitioner has been dragged in this case on the ground that the deceased had illicit relationship with the wife of the petitioner. Accordingly, petitioner, Ram Uchit Mahto, is directed to be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Samastipur in Khanpur P.S. Case no. 40/2011. shahid (Hemant Kumar Srivastava,J)...


May 12 2012

Prabhat Kumar Vs. the State of Bihar and ors.

Court: Patna

Decided on: May-12-2012

IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Jurisdiction Case No.3751 of 2009 Prabhat Kumar, son of late Surendra Ojha, resident of village Khabra, P.S. Sadar, Distt. Muzaffarpur. ------ Petitioner. Versus 1. The State Of Bihar 2. Mr. C.K. Mishra, Commisioner-Cum-Principal Secretary, Deptt. Of Health, Govt. of Bihar, Patna.3. Dr. Shatrughan Prasad Singh, Director-in-Chief, Health Services, Bihar, Patna.4. Dr. Narayan Pandit, Regional Deputy Director, Deptt. of Health, Tirhut Division, Muzaffarpur.5. Dr. B.N. Singh, Civil Surgeon-Cum-Chief Medical Officer, Muzaffarpur. ----- Opposite Parties/Contemnors. ---------------------------------- 2. 12.01.2012 Heard learned counsel for the petitioner and the Opposite Parties. It has been submitted that subsequent to the passing of the orders by the Single Judge, a L.P.A. was preferred by the State and as per its order a one man committee was constituted to consider the legality or otherwise of the incumbents of the Health Department. ...


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