Patna Court December 2006 Judgments
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Mostt. Tara Devi Vs. National Insurance Co. and anr.
Court: Patna
Decided on: Dec-11-2006
Syed Md. Mahfooz Alam, J.1. This miscellaneous appeal has been preferred by Mostt. Tara Devi, wife of late Ram Charitar Singh @ Palara Singh, claimant-appellant of M.V.A. Claim Case No. 19 of 1995 against the judgment dated 26th July, 1997 passed by Sri Ram Bilash Gupta, Presiding Officer, M.V. Accident Claims Tribunal, Begusarai whereby he has been pleased to dismiss the claim petition filed by the claimant-appellant and held that the claimant-appellant is not entitled for any compensation.2. The brief fact of the case is that the claimant-appellant had filed accident claim case bearing M.V.A Claim Case No. 19 of 1995 against the respondent on account of the death of her husband, Ram Charitar Singh alias Palara Singh, who died in a road accident. The allegation was that on 23.8.1994 at 10.30 A.M. the said Ram Charitar Singh alias Palara Singh, was crossing the road keeping a bundle of grass on his head. In the meantime a Tata 407 bearing registration No. BR 33 / 1361 which was being ...
Tarkeshwar Singh Vs. the State of Bihar
Court: Patna
Decided on: Dec-11-2006
Ghanshyam Prasad, J.1. Heard.2. This petition under Section 482 Cr.P.C. has been filed to quash the order dated 28.8.2006 passed by C.J.M., Saran at Chhapra in Baniapur P.S. Case No. 36 of 2006 as well as its revisional order dated 27.9.2006 passed by Sessions Judge, Chhapra in Cr. Revision No. 196 of 2006 The learned C.J.M. vide impugned order, on requisition of police has issued warrant of arrest against the petitioner.3. It appears from the record that the petitioner is one of the named accused in Baniapur P.S. Case No. 36 of 2006 instituted on 6.3.2006 on the basis of fardbeyan lodged by one Ritesh Singh. The I.O. of the case on 28.8.2006 filed a requisition (Annexure-2) before the court of C.J.M. for issue of warrant against the petitioner on the ground that he is named accused and is evading his arrest. On the said requisition of the police, the learned C.J.M. through impugned order directed for issue of warrant against the petitioner. The petitioner instead of surendering befor...
Abhivanta Grih Nirman Sahkari Samiti Ltd. and ors. Vs. the State of Bi ...
Court: Patna
Decided on: Dec-11-2006
Ghanshyam Prasad, J.1. Heard.2. This application under Section 482 Cr.P.C. has been filed to quash the order of cognizance dated 19.9.2006 passed by Sushir Saroj Kumari, Judicial Magistrate, Ist Class, Patna in Complaint Case No. 1875(C) of 2005 thereby and thereunder cognizance under Sections 409 and 120B of the I.P.C. has been taken against the petitioners. 3. Petitioners are Chairman, Vice Chairman, Vice President and present and past members of the Abhiyanta Grihi Nirman Sahkari Samiti Ltd., Patna. The Samiti is a registered society. Opposite party No. 2 is also one of its members. He became its a member in the year 1981. As per demand of the samiti, the complainant-opposite party No. 2 also deposited money and, accordingly, the samiti was agreed to allow 3 kathas of land in his favour. However, vide lease deed dated 30.10.1986 the complainant was allotted only 2 kathas of land bearing plot No. Z-14 has been alleged that later on the same was also re-sold by the petitioner No. 2 ...
Prem Chandra Mishra Vs. the State of Bihar and ors.
Court: Patna
Decided on: Dec-08-2006
Aftab Alam, J.1. This writ petition questions the action of the State Government in granting to respondent No. 5 (M/s Holi Cow Pictures Pvt. Limited through its Director Prakash Jha) lands in the industrial areas in Patna Hajipur, Muzaffarpur, Sitamarhi and Buxar. The petitioner alleges that respondent No. 5 was given lands in return of services rendered by the aforesaid Prakash Jha to help the Chief Minister win the last Assembly elections. The action of the Government amounted to doling out valuable State property as largess at throwaway prices for political considerations.2. The writ petition is filed, claiming it to be, in public interest. The petitioner describes himself as the Chief Spokesperson of the Indian National Congress, a recognized political party. The petitioner's party contested the previous election in alliance with the party that was in power at that time. The alliance got worsted in the election and Congress party was returned as a poor fourth. Respondent No. 5 is ...
Krishna Sah Vs. the State of Bihar
Court: Patna
Decided on: Dec-08-2006
Ghanshyam Prasad, J.1. The appellant who was sole accused in Excise Case No. 8/37 of 2002 has been convicted under Section 23 of N.D.P.S. Act and sentenced to undergo R.I. for ten years and pay fine of Rs. 1,00,000/- and. in default to undergo R.I. for one year.2. Prosecution story in brief is that on the basis of secret information a team led by Mr. V.K. Sinha, Superintendent of Customs, Motihari was formed to nab drug smugglers. The team, on 5.2.2002, laid a trap near Lakhaura, intercepted a jeep bearing No.NL-04 of 1643 and after hot chase and firing it was made to stop near Chaura Danu Railway crossing. The driver of the jeep (appellant) tried his best to escape but ultimately he was caught by the team.3. The jeep alongwith accused/driver was brought to the custom office, Motihari. On the basis of confessional statement of the accused-appellant, search of the jeep was made in presence of independent local witnesses and recovered 90 kgms. of Nepali ganja consealed in false chamber...
Pramod Kumar Vs. the State of Bihar and ors.
Court: Patna
Decided on: Dec-08-2006
V.N. Sinha, J.1. Heard learned Counsel for the petitioner and the State.2. Petitioner is a Class-III employee, serving in the Department of Road Construction, Government of Bihar. He has filed C.W.J.C. No. 3716 of 2005 praying inter alia to direct the respondent authorities to take steps for holding Bihar Administrative Service 2nd Limited Competitive Examination at the earliest. During pendency of the said writ petition, he filed C.W.J.C. No. 9181 of 2005 assailing the advertisement issued for holding the Bihar Administrative Service 2nd, 3rd, 4th, 5th and 6th Limited Competitive Examination, 2005, Annexure-4 as thereunder cut off date for 42nd, 43rd, 44th, 45th and 46th batches have been fixed as 1.8.1996, 1.8.1997, 1.8.1998, 1.8.1999 and 1.8.2000, which has been further modified under corrigendum dated 10.7.2005, Annexure-5 and thereunder the following cut off dates have been fixed:42nd Batch (2nd Limited Examination) 01.08.1998.43rd Batch (3rd Limited Examination) 01.08.1998.44th ...
Brajesh Kumar Verma Vs. State of Bihar and anr.
Court: Patna
Decided on: Dec-08-2006
Sadanand Mukherjee, J.1. This matter relates to quashing the order dated 5.4.2005 where by and whereunder the prayer has been made for quashing the order dated 5.4.2005 passed by Judicial Magistrate 1st Class, Bihar Sharif, Nalanda in Protest-cum-Complaint Case No. 1266 C of 2004 under Sections 406 and 420/34 of the Indian Penal Code by which he has issued summons against the petitioner and other accused for their appearance.2. A complaint petition was filed in the Court of Chief Judicial Magistrate, Nalanda at Bihar Sharif against the petitioner and co-accused Jitendra Singh stating therein that the petitioner, who was posted as Assistant Engineer in Irrigation Department in the office of the Chief Engineer, Ranchi (Jharkhand) and accused No. 2, Jitendra Singh, who is contractor at Jamshedpur and does constructs on work in the name of Tushar Constructions, used to contact for giving service to the other persons. The complainant, Opposite party No. 2 runs a shop, namely, Ajanta Lathe...
Arun Prakash Tiwary Vs. State of Bihar and ors.
Court: Patna
Decided on: Dec-08-2006
Ramesh Kumar Datta, J.1. Heard Mr. Yugal Kishore, learned counsel for the petitioner and learned J.C. to Standing Counsel No. 11, for the State.2. The petitioner is aggrieved by and seeks quashing of the order contained in memo No. 750 dated 19.4.1991 (Annexure-4) issued by Sub-Divisional Officer. Rohtas (Sasaram) by which the appointment of the petitioner as Dafadar has been stayed till further orders and for further consequential orders.3. The short facts of the case are that on 24.3.1991 the Selection Committee under the Chairmanship of the Sub-Divisional Officer Sasaram and Assistant Superintendent of Police, Sasaram made appointment of eight persons as Dafadar including the petitioner and on the same day appointment letter (Annexure-2) was also issued. Subsequently by order contained in memo No. 750 dated 19.4.1991 (Annexure-4) the Sub-Divisional Officer Sasaram referring to memo No. 31 dated 5.4.1991 of the Collector, Rohtas at Sasaram by which the appointments were directed to...
Jagdeo Yadav and ors. Vs. the State of Bihar
Court: Patna
Decided on: Dec-08-2006
Shiva Kirti Singh, J.1. This appeal was preferred by six appellants against the judgment and order dated 4th January, 1986 passed by First Additional Sessions Judge, Gaya in Sessions Trial No. 102/1977/25/1985 whereby appellant No. 1 was convicted under Section 302 IPC and Section 27 of the Arms Act and sentenced to Rigorous Imprisonment for life and five years respectively. All other appellants were convicted under Section 302 read with Section 149 of the IPC and sentenced to Rigorous Imprisonment for life. Appellants, Jagdeo Yadav, Nathun Yadav and Brahamdeo Yadav were also convicted under Section 148 IPC and sentenced to R.I. for three years and the remaining appellants were convicted under Section 147 IPC, sentenced to R.I. for two years. The sentences were ordered to run concurrently.2. This appeal was heard and allowed by judgment and order dated 18th September, 1998 passed by a Division Bench of this Court and all the appellants worn acquitted of all the charges by giving them ...
Ravindra Nath and ors. Vs. State of Bihar and anr.
Court: Patna
Decided on: Dec-07-2006
Abhijit Sinha, J.1. This application under Section 482 Cr. P.C. at the instance of eight of the ten accused of Complaint Case No. 140 (C)/2002 (Tr. No. 837/2004) presently pending in the Court of Shri Prem Chand Pandey, Judicial Magistrate. First Class, Buxar, is directed against order dated 13-7-2004 passed by Shri Gopal Jee, the learned Judicial Magistrate, IInd Class, Buxar, whereby he had taken congnizance of offences under Sections 148 and 323 I.P.C.2. It appears that on the basis of the fardbeyan given on 13-5-1984 by one Sudama Singh (O.P. No. 2 herein) in respect of an alleged occurrence taking place earlier that day, Buxar (Town) P.S. Case No. 126/84 under various sections of the Penal Code and Section 27 Arms Act was registered wherein the police after due investigation submitted a final form on 19-11-1984 stating inter alia that a Title Suit and Criminal cases were going on between the parties. The police also recommended for prosecution of the informant under Sections 182/...
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