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Patna Court May 2012 Judgments

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May 11 2012

Raghu Bansh Kunwar Vs. the State of Bihar and ors

Court: Patna

Decided on: May-11-2012

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.421 of 2012 ====================================================== 1. Raghu Bansh Kunwar Son of Late Ram Ekbal Kunwar Resident of Mohalla - Tanra, Police Station - Mohiuddin Nagar, District - Samastipur .... .... Petitioner Versus 1. The State of Bihar through the Secretary, Department of Transport, Government of Bihar, Patna 2. The Secretary, Department of Transport, Government of Bihar, Patna 3. The State Transport Commissioner, Government of Bihar, Patna 4. Sri Suresh Kumar Sinha , son of not known to the petitioner at present the Joint State Transport Commissioner 1-Cum- Enquiry Officer, Department of Transport, Government Of Bihar, Patna 5. The Bihar State Co-Operative Marketing Union Limited, (Biscoman) through its Manging Director having Office at First Floor, Biscoman Bhawan, Gandhi Maidan, Patna .... .... Respondents ====================================================== Appearance : For the Petitioner : ...


May 11 2012

Bijali Thakur and ors Vs. Rameshwar Thakur and ors

Court: Patna

Decided on: May-11-2012

IN THE HIGH COURT OF JUDICATURE AT PATNA First Appeal No.3 of 1973 Bijali Thakur & Ors Versus Rameshwar Thakur & Ors ---------------------------------- 134. 11.01.2012 Heard the learned senior counsel, Mr. S.S.Dvivedi on behalf of the respondents on I.A. No.1834 of 2004 and the learned counsel, Mr. Madhav Roy on behalf of the appellants. It appears that after hearing the parties at length by terms of order dated 16.05.1977, a Division Bench of this Court held that the First Appeal has abated. In view of the above prayer made by the respondents unless the order passed by the Division Bench is set aside or modified, the appeal cannot be restored. Because the order has been passed by Division Bench, a Single Bench cannot either modify or alter or set aside the order passed by the Division Bench. Therefore, in my opinion, this application filed by the respondents should be heard by a Division Bench. In such circumstances, the office may list this I.A. before appropriate Division Bench afte...


May 11 2012

Sant Sharan Prasad Vs. the State of Bihar and ors

Court: Patna

Decided on: May-11-2012

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.540 o1. Sant Sharan Prasad S/O Late Keshav Prasad Resident Of Village- Bilarpur, Post- Sand, P.S- Sirdala, District- Nawada. Versus 1. The State Of Bihar.2. The Principal Secretary, Human Resources Development Department, Government of Bihar, New Secretariat, Patna.3. The Director, Primary Education, Government of Bihar.4. The District Education Officer, Nawada.5. The Superintendent Of Education, Nawada.6. Bihar Staff Selection Commissioner, Patna Through Its Secretary.7. The Chairman, Bihar Staff Selection Commissioner, Patna. ---------------------------------11. 01.2012 The Bihar Staff Selection Commission has taken-up the exercise of appointment of Trained Assistant Teacher in the State on the directions of the Apex Court. The Apex Court constituted a Commission which examined the list of candidates etc. and had submitted its report on the basis of which directions were issued to the Commission to initiate the ...


May 11 2012

Ram Pravesh Yadav Vs. the Chancellor,raj Bhawan Patn

Court: Patna

Decided on: May-11-2012

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.402 of 2012 Ram Pravesh Yadav Son Of Kailu Yadav Resident Of Village-Sultanpur, Mitti, P.O. & P.S.-Sabour, District-Bhagalpur . Petitioner Versus 1. The Chancellor, Raj Bhawan Patna 2. The Vice-Chancellor, Rajendra Agriculture University, Pusha, P.O. & P.S. Pusha, District- Samastipur 3. The Registrar, Rajendra Agriculture University, Pusha, P.O. & P.S. Pusha, District-Samastipur 4. The Principal, Bihar Agriculture College, Sabour, P.O. & P.S. Sabour, District-Bhagalpur . Respondents with Civil Writ Jurisdiction Case No.405 of 2012 Rajesh Kumar Yadav Son Of Shri Rupan Yadav Resident Of Village Mirzapur, Via-Rajpur, P.O. & P.S.-Sabour, District-Bhagalpur Petitioner Versus 1. The Chancellor, Raj Bhawan, Patna 2. The Vice-Chancellor, Rajendra Agriculture University, Pusha, P.O. & P.S. Pusha, District- Samastipur 3. The Registrar, Rajendra Agriculture University, Pusha, P.O. & P.S. Pusha, District-Samastipur 4. The Pr...


May 11 2012

Chinta Devi and anr. Vs. the State of Bihar

Court: Patna

Decided on: May-11-2012

IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.36096 o1. Chinta Devi W/O Budhan Kewat R/O Village - Kehuniyan, P.S. Pranpur, District - Katihar 2. Dahani Devi W/O Raj Kumar Kewat R/O Village - Kehuniyan, P.S. Pranpur, District - Katihar Versus The State of Bihar ---------------------------------- 04. 11.01.2012 Heard learned counsel appearing on behalf of the petitioners and the State. The petitioners are in custody in connection with Pranpur P.S. Case No. 13 of 2011 for offence punishable under Sections 302/34 of the Indian Penal Code on charge of having set the husband of the informant on fire. Learned counsel for the petitioners submits that except for the hearsay statement made by the informant who is the wife of the deceased there is no other witness to the occurrence which took place in the broad day light. He submits that a family dispute is admitted and that it has also come during the course of investigation that the deceased was mentally unstable. He thus ...


May 11 2012

Rakesh Kumar Ranjan Vs. the State of Bihar and ors

Court: Patna

Decided on: May-11-2012

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.59 of 2012 Rakesh Kumar Ranjan S/O Late Janak Yadav Resident Of Village-Bhathpura, Police Station- Bakhtiyarpur, District-Saharsa . Petitioner Versus 1. The State Of Bihar 2. The Commissioner Cum Secretary, Human Resources Department, Bihar, Patna 3. Member District Teacher Employment Appellate Authority, Saharsa 4. District Magistrate, Saharsa 5. The District Education Officer, Saharsa 6. The District Programme Officer Establishment, Saharsa 7. The Sub Divisional Education Officer, Simri Bakhtiyarpur, Sub Division-Simri Bakhtiyarpur, District-Saharsa 8. Block Education Extension Officer, Simri Bakhtiyarpur Block, District-Saharsa 9. The Block Development Officer, Simri Bakhtiyarpur Block, Simri Bakhtiyarpur, District- Saharsa 10. Kathdumar Gram Panchayat Through The Panchayat Secretary, Kathdumar, P.S.-Bakhtiyarpur, District-Saharsa 11. Mukhiya, Kathdumar Gram Panchayat, Kathdumar, P.S.-Bakhtiyarpur, Dist.-Sahars...


May 11 2012

Rajendra Prasad Vs. the State of Bihar

Court: Patna

Decided on: May-11-2012

IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Revision No.1494 of 2011 Rajendra Prasad, son of late Dabu Tanti, resident of Vill. Chandi, P.S. Chandi, Distt. Nalanda. .............Petitioner. Versus The State Of Bihar. ...............Opp. Party ---------------------------------11. 01-2012 Heard Mr. Yogesh Chandra Verma, learned Senior Counsel appearing for the petitioner and learned A.P.P. for the State. This application is directed against the conviction and sentencing of the petitioner under Sections 279 and 337 of the Indian Penal Code for terms of simple imprisonment for six months and fine of Rs.1,000/- under Section 279 and simple imprisonment for six months and fine of Rs.500/- under Section 337 of the Indian Penal Code. The petitioner stood convicted and sentenced by order dated 17.06.2010 in G.R. No.1140/95, Trial No. 769/2010 passed by the Judicial Magistrate 1 st Class, Hilsa under Sections 279, 337 and 338 of Indian Penal Code. By order dated 12.09.2011, the 4th Distric...


May 11 2012

Prahlad Prasad Vs. the State of Bihar

Court: Patna

Decided on: May-11-2012

IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.43465 of 2011 Prahlad Prasad, son of Sarwjeet Prasad, resident of village- Majharia, Shekh, P.S. Majhauliya, District- West Champaran. ..Petitioner. Versus The State of Bihar : Opposite Party. ---------------------------------- 02- 11.1.2012 Heard learned counsel appearing on behalf of the petitioner, learned counsel appearing on behalf of the State and Mr. Vinod Kumar Singh, learned counsel appearing on behalf of the informant. The petitioner is in custody in connection with Majhaulia P.S. Case No.180 of 2011 for offences punishable under sections 341, 323, 324, 307, 379, 447506. 34 of the Indian Penal Code and section 27 of the Arms Act. Subsequently section 302 of the Indian Penal Code was added to the set of allegations by reason of death of Dhanai Prasad. Learned counsel with reference to the allegations submits that the reason for altercation is a bonafide land dispute between the parties. It is further contended ...


May 11 2012

Kiran Devi Vs. the Union of India and ors

Court: Patna

Decided on: May-11-2012

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.703 of 2012 Kiran Devi Versus The Union of India & Ors ---------------------------------- 02. 11.01.2012 Counsel for the petitioner, A.C. to G.A. 10 and learned counsel for the Accountant General are present. Petitioner claims to be the only daughter of the deceased employee who, while serving the Government in the Department of Irrigation as Chainman, died in harness on 23.08.2010. It is the case of the petitioner that her mother approached the authority for payment of post retiral dues whereafter she was authorized and paid leave encashment amount of Rs. 1,66,030/- and group insurance amount in the sum of Rs. 15,232/- was also paid to her. However, other post retiral dues remained to be paid but in the meanwhile she, too, died on 23.07.2011. Petitioner thus claiming herself to be the sole surviving heir of the deceased employee, approached the authority for payment of other post retiral dues set out in paragraph...


May 11 2012

Dhrub NaraIn Chaudhary Vs. the State of Bihar Through the

Court: Patna

Decided on: May-11-2012

IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.35833 of 2011 Dhrub Narain Chaudhary Versus The State Of Bihar Through The department of Vigilance Unit ----------- 03/ 11.01.2012 Heard learned counsel for the petitioner as well as learned counsel for the Vigilance. Petitioner is in jail custody since 18.8.2011 in a case registered under section 13(2) read with section 13(i) (e) of the Prevention of Corruption Act, 1988 on the charges that he amassed huge amount which is calculated to Rs 57,83,000/- and the aforesaid asset is disproportionate to his known sources of income. The contention of learned counsel for the petitioner is that charge sheet has already been submitted against the petitioner and maximum punishment for the offence is up to 7 years. It is further contended by him that petitioner had already given explanation about the above stated income of the petitioner but he could not succeed to satisfy the officials as a result of which this case has been insti...



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