Patna Court May 2006 Judgments
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Vijay Yadav Vs. Dealer Selection Board and ors.
Court: Patna
Decided on: May-09-2006
Aftab Alam, J.1. There is a single appellant in each of the three analogous appeals. All of them had filed separate writ petitions challenging the grant of retail outlet dealership of Indian Oil Corporation Limited at Daudnagar, district Aurangabad in favour of one Jayant Kumar Thakur who is the common respondent in all the three appeals. A learned Single Judge dismissed the writ petitions by a common judgment and order, dated 01.12.2003. These three internal court appeals are preferred against that judgment.2. The dealership in question is described as 'company owned and company operated'. This means that all the investment in setting up the retail outlet is made by the Oil Company and the dealer selected for it simply manages it and earns his commission on the sales.3. The eventual grant of dealership to Jayant Kumar Thakur passed through many twists and turns and in order to take into account all the relevant facts and circumstances one may as well begin from the beginning.4. An ad...
Mahendra Singh Vs. the State of Bihar and ors.
Court: Patna
Decided on: May-09-2006
1. We have heard the learned Counsels appearing for the parties. We have also considered the facts and circumstances emerging from the record of the present case and the provisions of Bihar & Orissa Public Demands Recovery Act, 1914 ('PDR Act' for short) were also examined.2. Challenge in this appeal by the appellant is against the order of the learned Single Judge, recorded on 2.7.7.2005 in CWJC No. 8795 of 2005, whereby, the writ petition under Article 226 of the Constitution of India filed by the original writ petitioner, appellant before us, came to be rejected on the ground that there lies an appeal against the impugned order of original respondent No. 2 Subdivisional Certificate Officer, Sasaram, Rohtas.3. Section 60 of the PDR Act provides for an appeal against the order of the Certificate Officers who have passed such orders in the performance of their duties under the PDR Act. There is no dispute about the fact that the impugned order of respondent No. 2, Sub divisional Certi...
Yogendra Yadav, Vs. the State of Bihar and ors.
Court: Patna
Decided on: May-09-2006
Chandramauli Kr. Prasad, J.1. Ist party, namely, Doman Yadav claimed right of easement over northern portion of Plot No. 524 of village Sipah, P.S. Arwal in the district of Jehanabad in a proceeding under Section 147 of the Code of Criminal Procedure. The Executive Magistrate Jehanabad, by order dated 2.9.1990 passed in Case No. 1040/M/1983 (Trial No. 84/90), rejected his claim and held that there exists no raasta as claimed by the (Ist party, The Ist party, Doman Yadav, aggrieved by the same, preferred Cr. Revision No. 69 (J) 97/77 of 1994. The Ist Additional Sessions Judge, Jehanabad, by order dated 11.12.2001, set aside the aforesaid order and remitted the matter back for consideration in accordance with law.2. The 2nd party in the proceeding was Nandkeshwar Yadav and petitioners claim to be his successors in interest.3. Aggrieved by the aforesaid order, petitioners have preferred this application. It is the assertion of the petitioners that 2nd party in the proceeding, namely, Nad...
Pradeep Pipe Stores Vs. State of Bihar and ors.
Court: Patna
Decided on: May-08-2006
1. By invocation of the provision of Article 226 of the Constitution of India, the petitioner-firm has questioned the legality and validity of the impugned order of assessing authority for the levy of sales tax, assessment order, as well as, the demand notice, inter alia, contending that the assessment order and the resultant demand notice/order are illegal, without jurisdiction and in violation of the principle of natural justice.2. The respondent-State has also filed counter-affidavit and has, inter alia, denied all the submissions made in the petition, contending that sufficient opportunities for hearing had been afforded but were not availed and the competent assessing authority has made the assessment order for the levy of sales tax in terms of the provisions of Section 17 of the Bihar Finance Act, 1981 for the relevant year 2000-01 and it is quite within the competence of the assessing authority and, therefore, it cannot be said to be without jurisdiction. It is further submitte...
Subhadra Devi Vs. the State of Bihar and ors.
Court: Patna
Decided on: May-08-2006
I.P. Singh, J.1. This application under Section 482 of the code of Criminal Procedure, 1973 (in short the Code) is directed against the order dated 2.5.2005 passed by the Sub Divisional Judicial Magistrate, Bettiah in Complaint Case No. 774-C of 2003, (Trial R.No. 150 of 2004) for grant of permission to the petitioner to withdraw the aforesaid complaint case filed under Section 498A of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act.2. The petitioner has contended that she was married to opposite party No. 2 on 30.5.1997 but on account of certain mis-giving between them the marriage never became compatible leading to the institution of civil and criminal cases between them. Opposite party No. 2 filed a Matrimonial Case No. 23 of 1998 before the District Judge for annulling the marriage between him and the petitioner. The petitioner also filed Complaint Case No. 774-C of 2003 in the Court of the Chief Judicial Magistrate, Bettiah under the sections mentioned above. T...
QeyamuddIn @ QuamuddIn Mina Vs. State of Bihar
Court: Patna
Decided on: May-08-2006
I.P. Singh, J.1. This is an application under Section 482 of the Code of Criminal Procedure, 1973 (in short the Code). It is directed against the order dated 22.6.2005 passed by the learned Fast Track Court No. 2, Siwan in S.T.No. 53 of 1996 whereby and whereunder the petition filed on behalf of the petitioner for his exemption from personal appearance for recording his statement under Section 313 of the Code was rejected.2. It has been submitted that the petitioner who is one of the accused in this case is presently residing in Saudi Arabia where he is working as a labourer. He made his best efforts to come to India to appear in person before the learned trial court for making his statement under Section 313 of the Code but inspite of his best efforts the Company where he was working has kept his pass-port and refused to hand over the pass port to him and to allow him to return back India unless the contracted period of his service is completed. As such the petitioner instructed his ...
Sheonath Sah and anr. Vs. the State of Bihar and ors.
Court: Patna
Decided on: May-08-2006
Sudhir Kumar Katriar, J.1. This writ application arises out of a proceeding under Section 48E of the Bihar Tenancy Act 1885 (hereinafter referred to as 'the Act'). The four petitioners have joined this writ petition seeking to challenge the appellate order dated 21.11.2000 (Annexure 2), passed by the learned Additional Collector, East Champaran, in Bataidari Appeal No. 3/98-99 Anutha Sahni v. Anadi Nath Dev, whereby he has dismissed the appeal preferred by the bataidar (the present petitioners) in purported exercise of the appellate power conferred on him under Section 48F of the Act. The learned appellate authority upheld the order dated 16.11.1998 (Annexure 1), passed by the learned Land Reforms Deputy Collector, Raxaul, in Bataidari Case No. 486/98 and 484/98, whereby the application of the present petitioners under Section 48E(i) of the Act for declaration of their bataidari rights with respect to the land In question and for protection of unlawful ejectment from their tenancy, w...
Trilok Chand JaIn Vs. Md. AzimuddIn and ors.
Court: Patna
Decided on: May-05-2006
Ghanshyam Prasad, J.1. The petitioner has called in question the election of Respondent No. 1 as a member of Bihar Legislative Council from Purnea- cum- ArariaCum- Kishanganj local authorty and has sought relief that he be declared as duly elected member of Bihar Legislative Council in place of Respondent 1.2. The District Magistrate, Prunea in capacity as returning officer, on direction of Election Commission, on 4.6.2003 notified programme for holding election for a member of Bihar Legislative Council from the aforesaid local authority. According to the programme the petitioner, respondent 1 to 23 and six others filed their nomination on 24.6.2002. The Returning Officer scrutinised nomination papers and except two all other nomination papers were found valid. Later on four candidates withdrew their nom pominations leaving twenty four candidates in field including the petitioner and Respondent No. 1. The election was held on 10.7.2003 and after counting the result was announced on 13...
Dehal Mahton Vs. Nathuni Ram Marwari and ors.
Court: Patna
Decided on: May-05-2006
Syed Md. Mahfooz Alam, J.1. This second appeal has been preferred by the defendant-appellant against the judgment and decree dated 22.7.1986 passed by Sri M.K. Verma, 3rd Additional District Judge, Munger in Title appeal No. 105 of 1978 whereby he has been pleased to set aside the judgment and decree dated 28.9.1978 passed by Sri Braj Nandan Sahay, Munsif 2nd, Munger in Title Suit No. 163 of 1969 and dismissed the suit of the plaintiff.2. The brief facts of the case are as follows:Plaintiff-respondent, Nathuni Ram Marwari, filed title suit in the court of the Munsif 2nd, Munger which was numbered as Title Suit No. 163 of 1969 for declaration of his title and confirmation of possession over the suit land and in the alternative, for recovery of possession if he is found dispossessed during the pendency of the suit. The suit was contested by defendant Dehal Mahto and others. On 28.9.1978 the judgment was delivered in the suit by the Munsif 2nd, Munger and by the said judgment, the plaint...
Aslam Khan, Vs. State of Bihar
Court: Patna
Decided on: May-05-2006
J.N. Bhatt, C.J.1. This is an application under Section 482 of the Code of Criminal Procedure, 1973 ( In short 'the Code'), by which the petitioners have made a prayer for quashment of the order dated 5.5.2003 of Shri S.K. Pandey, Judicial Magistrate, Ist Class, Aurangabad (Bihar) passed in Complaint Case No. 85/2003, Tr. No. 869/2003 by which the learned Court below has taken cognizance of the offence under Section 498A of the Indian Penal Code, against the petitioners. The petitioners have also prayed for quashment of the order dated 19.1.2005 passed by Sri Umesh Chandra Mishra, Additional Sessions Judge (Fast track Court No. III), Aurangabad in Criminal Revision No. 116/2003/3/2004.2. The instant trial arises out of a complaint filed by the complainant-wife against her husband. Md. Aslam Khan, and two others alleging, inter alia, that she was married with petitioner No. 1 about 11 years back and two daughters and two sons were borne out of this wedlock but the petitioner No. 1 agai...
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