Patna Court November 2006 Judgments
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Md. Abu HasnaIn Vs. State of Bihar and ors.
Court: Patna
Decided on: Nov-28-2006
Navaniti Pd. Singh, J.1. Heard.2. This case shows the bizzare state of affairs prevailing at certain levels in the State and unfortunately caused by executive who though love to accept responsibility but hate to execute it responsibly.3. The present writ application has been filed for quashing the detention of the petitioner in civil prison pursuant to the warrant issued on 2.8.2006 by the Certificate Officer, Barh (Patna) in Certificate Case No. 2 of 2006-2007 instituted at the behest of the Punjab National Bank, Barh and for release of the petitioner from civil prison to enable him to file his objection to the certificate proceedings which in law he is entitled to do.4. Heard Shri Partha Sarthy, learned Counsel in support of the writ application and Shri Amanullah, learned S.C. 17 appearing for the State. No one appears for respondent No. 3-Punjab National Bank though the name of their counsel Shri Sunil Kumar Singh No. 1 appear who has been served with a copy of the writ applicatio...
Anil Agarwal and ors. Vs. the State of Bihar and anr.
Court: Patna
Decided on: Nov-27-2006
Abhijit Sinha, J.1. The five petitioners herein who are the Chairman and the Directors of a Company running in the name and style of M/s Sterlite Industries (India) Ltd. (hereinafter referred to as 'the Company') have invoked the jurisdiction of this Court under Section 482 Cr.P.C. for quashing of the order dated 30.8.2001 passed by Sri Bajrangi Sharan, the erstwhile Judicial Magistrate, First Class, Danapur, in Complaint Case No. 367(c)/2001 whereby and whereunder cognizance has been taken against the petitioners for commission of offences under Sections 406/34, 120B I.P.C.2. The brief factual matrix of the case may be called out from the complaint petition which has been appended to the petition as Annexure-1. The gravamen of the offence alleged against the accused persons is that they indulge in corrupt practices and unlawful acts like retaining share certificates, not to issue duplicate share certificates, illegally retaining Dividend warrants, mismanagement of public funds and th...
Shanu Films Through Its Proprietor Vs. the State of Bihar and ors.
Court: Patna
Decided on: Nov-27-2006
Abhijit Sinha, J.1. Heard Sri Rajan Ghosharve, the learned Counsel for the petitioners, Sri Anil Kumar Sinha, the learned Counsel for apposite party No. 2 and the learned Additional Public prosecutor for the State.2. Through this application under Section 482 of Cr.P.C. the two petitioners herein have questioned the propriety of the order dated 12.4.2004 passed in Complaint Case No. 645 (C)/2004 /Tr. No. 642/ 2005by Sri Sanjay Kumar Singh, Judicial Magistrate, First Class, Patna, whereby he has taken cognizance of offences under Sections 323, 409 and 420/34 of the I.P.C. and 63 and 68A Copyright Act against the petitioners. Another prayer has been made for quashing of the entire proceeding presently pending in the court of Sri Bharat Tiwari, Judicial Magistrate, 1st, Class, Patna.3. Petitioner No. 2, Hyder Kazmi, is the Proprietor of petitioner No. 1, M/s. Shanu Films, Mumbai, the producer of a Motion Picture in Hindi titled ' Path ' .4. The prosecution ca se as called out from the p...
Jagdish Prasad Saraf Vs. Smt. Kusmi Devi and ors.
Court: Patna
Decided on: Nov-24-2006
Rekha Kumari, J.1. This appeal is directed against an ex parte judgment and decree dated 3-5-197S passed by the 2nd Additional Subordinate Judge, Sitamarhi in Title Suit No. 39 of 1972/83 of 1975 under which he has dismissed the suit without cost2. The plaintiff-appellant had filed the suit for recovery of possession of the mortgaged land described at the foot of the plaint comprising of a house and agricultural land, and in the alternative for realisation of the mortgage money of Rs. 9000/- and rent with effect from 25-3-1969 to 29-2-1972 at the rate of Rs. 120/- per month and damages, total amounting to Rs. 14,995/- (including the mortgage money).3. The case of the plaintiff appellant is that the defendant second set (respondent No. 2) Babulal Sah had taken loan, for the marriage of his daughter, from different sources. He had to repay the loans. So, he approached him and took a loan of Rs. 1860/- and executed a Rehan deed on 15-2-1963 in his favour. Subsequently, respondent No. 2 s...
Bijo Yadav and ors. Vs. the State of Bihar
Court: Patna
Decided on: Nov-24-2006
Ghanshyam Prasad, J. 1. Heard.2. This petition under Section 482 Cr.P.C. has been filed to quash the entire criminal proceeding of Complaint Case No. 4602 pending in the court of S.D.J.M., Khagaria as well as the order of cognizance dated 18.10.2005 passed by C.J.M., Khagaria.3. The short facts involved in this case is that the proceeding under Section 144 Cr.P.C. was drawn by the S.D.M., Khagaria between the petitioners as 2nd party and Sohan Kumar Sinha as first party over certain piece of land alongwith mango trees. During continuance of the prohibitory order the first party on 14.6.2005 filed a petition before the court of S.D.M. that the members of the second party plucked away mango fruits and prayed for their prosecution under Section 188 I.P.C. The learned S.D.M. after due enquiry, vide its order dated 1.9.2005, ordered for filing of the complaint against the members of the second party/petitioners for their prosecution under Section 188 I.P.C.4. In compliance of the order of...
Manish Gai Vs. State of Bihar
Court: Patna
Decided on: Nov-23-2006
Navaniti Pd. Singh, J.1. Heard learned Counsel for the petitioner and learned A.P.P.2. By these applications orders dated 29-5-2006 passed by Sub-Divisional Judicial Magistrate, Patna, in Case No. 11(M) of 2006 and Case No. 46(M) of 2006, refusing the privilege under Section 205, Cr. P.C., has been challenged.3. The petitioner is the Managing Director of M/s. Ajay Feed Products, Katni, Private Limited Company incorporated under the provisions of Companies Act, 1986, He resides at Katnl in the State of Madhya Pradesh from where he conducts the business on behalf of the company. Certain food items were found allegedly adulterated for which a prosecution was instituted for violation of the provisions of Prevention of Food Adulteration Act. The petitioner on coming to know of the proceedings filed an application before the trial Court for exemption from appearing in person in terms of Section 205, Cr. P.C. The ground for filing such an application was that the petitioner is a busy busines...
Rameshwara Jute Mills Vs. the State of Bihar and ors.
Court: Patna
Decided on: Nov-23-2006
Aftab Alam and Rekha Kumari, JJ.1. Heard Mr. Ramesh Kumar Agrawal, counsel for the petitioner and Mr. Raj Nandan Prasad, J.C. to the Advocate General, representing the State.2. The petitioner is aggrieved by and seeks to challenge the order dated 19.9.2005 passed by the Commercial Taxes Officer, Samastipur by which he re-assessed the petitioner's liability for payment of sales tax for the period 2000-01. By the impugned order the Commercial Taxes Officer held the petitioner liable to pay an additional amount of Rs. 2,11,77,970.60 P as sales tax for the period in question. Adding to it the amount of penalty, the aggregate comes to Rs. 2,27,53,885/-.3. The petitioner is a manufacturer of gunny bags and it sells its produce also to buyers outside the State. In course of Inter State Trade and Commerce one of its bulk purchasers for the period in question was the Directorate General of Supplies and Disposal (in short D.G.S. & D). The assessment orders under the Bihar Finance Act and the Ce...
The State of Bihar and the Director Secondary Education, Govt. of Biha ...
Court: Patna
Decided on: Nov-22-2006
Sheema Ali Khan, J.1. The appellant in this case is State of Bihar through the Director, Secondary Education, Government of Bihar. The order under challenge is dated 3.5.2000 passed by the learned single Judge in which it was directed that respondent No. 1 i.e. Anita Kumari should be appointed as Headmistress in nationalised/project High School.2. The case of Anita Kumari before this Court was that she was empanelled for appointment at serial No. 67 and the persons junior to her in the panel were appointed whereas she has been denied appointment. Accordingly, learned single Bench had directed that steps should be taken for issuance of appropriate order of appointment in respect of the appellant. Learned single Bench had also observed that if the appellant is within the zone of appointment, steps should be taken for issuance of order of appointment of Anita Kumari within one month of the receipt of a copy of the order of the Hon'ble Court, failing which steps should be taken by the Cou...
Rajesh Kumar Alias Pappu Kumar Vs. Pankaj Kumar Singh and ors.
Court: Patna
Decided on: Nov-21-2006
Mridula Mishra, J.1. Heard the counsel for the petitioner and the counsel appearing on behalf of opposite party No. 1.2. This application has been filed for setting aside the order, dated 17-10-2006, passed by the Principal Judge, Family Court, Begusarai, in Matrimonial Case No. 34 of 2006 whereby the leave has been granted and the Matrimonial Case No. 34 of 2006 has been admitted. Matrimonial Case No. 34 of 2006 was filed within five days of the marriage in the Court of Principal Judge. Family Court, Begusarai. under Section 13 of the Hindu Marriage Act. A petition for permission to present the divorce petition under proviso to Section 14 of the Hindu Marriage Act was also filed. The petitioner, who is brother-in-law of opposite party No. 2, intervened in the matter as in the divorce petition allegation of adultery has been made against the wife with his 'bahnoi', who is the petitioner in this civil revision application and intervenor before the Court below. Intervention application ...
Bhupen Kshettry and ors. Vs. the State of Bihar and anr.
Court: Patna
Decided on: Nov-21-2006
Rekha Kumari, J.1. This is an application under Section 483 of the Code of Criminal Procedure for quashing the order dated 20.5.2003 passed by Sri H.P. Asthana, Judicial Magistrate, 1st Class, Muzaffarpur in complaint case No. 512/2003 whereunder he has directed to issue summons against the petitioners and other accused persons to face trial under Sections 406, 420/34 of the Indian Penal Code and 138 of the Negotiable Instruments Act.2. Heard both the parties.3. The case of the complainant (O.P. No. 2) in nut shell is that he is a business man and the petitioners, and other accused persons are partners of M/s Shyam Talkies, a partnership firm. There appears to be transaction with him and the management of the firm. Petitioner No. 1 who was the Chief Manager and also represents the other partners, on 30.4.2002 took loan of Rs. 50.000/- from him. Again, on 21.7.2002 he requested for Rs. 1 lac. On this he replied that already Rs. 50.000/- was due. However, he paid Rs. 1 lac to him. Petit...
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