Patna Court September 2006 Judgments
Ejaz Ali @ Dr. Ejaz Ali Vs. State of Bihar and ors.
Court: Patna
Decided on: Sep-27-2006
Chandramauli Kr. Prasad, J.1. This application has been filed for quashing the entire prosecution including the order dated 29.4.2004 passed by the Judicial Magistrate. Bhabhua in Complaint Case No. 334 (C) i of 2004, whereby it had taken cognizance of the offence under Section 500 of the Indian Penal Code and directed for issuance of process.2. Short facts giving rise to the present application, are that Opposite party No. 2 Nausher Ali Ansari filed complaint claiming himself to be a follower and close to Mr. Sakil Ahmad Khan and alleging that the news item 'Shakeel Khan has been pushed backward and Raghuvansh Singh forward' in the daily Newspaper 'Sansam' in its issue dated 2nd of April, 2004 had shocked him and the muslim community at large and was intended to defame Mr. Khan, a Minister in the State Cabinet. After the complainant was examined on solemn affirmation the learned Magistrate directed for holding inquiry under Section 202 of the Code of Criminal Procedure. During the in...
Tag this Judgment!Shubhendu Nath Tewary @ Shubendu Nath Tewary and Kanhaiya Kurmi Vs. th ...
Court: Patna
Decided on: Sep-27-2006
Ghanshyam Prasad, J.1. Both the appellants have called in question the judgment of conviction dated 20.1.2006 as well as order of sentence dated 21.1.2006 passed by Shri Ajit Kant Sharan, Fast Track Court No. 3, Gopalganj in Sessions Trial No. 109 of 2003/304 of 2005. Both the appellants have been convicted under Sections 302/34 and Sections 307/34 I.P.C. as well as under Section 27 of the Arms Act and have been sentenced to undergo R.I. for life under Sections 302/34 I.P.C. and to pay fine of Rs. 3,000/- each and in default to undergo simple imprisonment for six months, undergo R.I. for seven years under Sections 307/34 I.P.C, and to pay fine of Rs. 1,000/- and in default to undergo S.I. for two months and further to undergo R.I. for three years with fine of Rs. 500/- under Section 27 of the Arms Act. All the sentences have been directed to run concurrently.2. This is a case of double murder. The informant is father of one of the deceased, namely, Bhaskar Nath Tiwary @ Shyamunath Tiw...
Tag this Judgment!The State of Bihar Vs. Sanjeet Rai and Ranjeet Rai
Court: Patna
Decided on: Sep-26-2006
C.K. Prasad, J.1. Four persons, namely, Maheshwar Rai, his two sons Sanjeet Rai and Ranjeet Rai, and wife Shivpatiya Devi were put on trial for offence under Section 302 and 307/34 of the Indian Penal Code for having committed the murder of Ram Ekbal Rai, his son Mithlesh Rai, wife Indu Devi and daughter Beauty Kumari and for attempting to commit the murder of his daughter Geeta Devi, son Mukesh Kumar and daughters Nibha Kumari, Khushboo Kumari and Meena Kumari in furtherance of their common intention.2. The 3rd Additional Sessions Judge, Vaishali at Hajipur, by judgment dated 23rd of August, 2003 passed in Sessions Trial No. 12 of 2002, held them guilty of both the charges and by order dated 26th of August, 2003, accused Sanjeet Rai and Ranjeet Rai were sentenced to death under Section 302 of the Indian Penal Code, and rigorous imprisonment for ten years under Section 307/34 of the Indian Penal Code. Accused Maheshwar Rai and Shivpatia Devi have been sentenced to undergo rigorous imp...
Tag this Judgment!G.K. Agrawal Vs. the State of Bihar and anr.
Court: Patna
Decided on: Sep-25-2006
Sadanand Mukherjee, J.1. Heard the parties.2. This is an application for quashing the entire criminal proceeding initiated against the petitioner under Sections 406, 420 and 120B of the I.P.C. on the following factual profile:3. The petitioner was Managing Director of the Firm M/S Shreeji Analytical Lab Ltd. at Mumbai and the complaint was lodged by one Deb Chandra Thakur. Proprietor, S.M. Enterprises of B-136, P.C. Colony, Lohiaya Nagar, Kankarbagh, Patna. In the complaint petition it was stated that accused No. 2, Shri Dharmendra Nath Thakur, who is Regional sales Manager of M/S Shreeji Analytical Lab.Ltd. who happens to be co-villager of the complainant induced the complainant to work as clearing and forwarding agent on commission basis. The complainant arranged a ware house for storing of Ayurvedic products of the Company. Remuneration was payable at different rates considering length of time.4. There was an agreement between the complainant and the petitioner that clearing and f...
Tag this Judgment!Nilam Kumari Sharma Vs. the State Election Commission and ors.
Court: Patna
Decided on: Sep-25-2006
S.N. Hussain, J.1. Heard learned Counsel for the petitioner, learned Counsel for the respondent-authorities as well as learned Counsel for the private respondent No. 6.2. This writ petition has been filed by the petitioner for declaring the election of respondent No. 6 Meena Devi for the post of the member of Kurma Panchayat Samiti, territorial Constituency No. 13 as well as her election for the post of Pramukh of Kahalgaon block in the district of Bhagalpur as void and also for quashing the result of the meeting dated 23.6.2006 electing her as the Pramukh and for further directions that when the post of Pramukh was reserved for the female belonging to backward class, no other persons from any other class or caste is entitled to contest the same.3. Learned Counsel for the petitioner submits that the post of Pramukh was reserved for extremely backward class but respondent No. 6 was Chandel Chhatri, namely Kurmi, by caste as her father belonged to that cast, but she had produced a certi...
Tag this Judgment!Shiv Sahay Verma Vs. the State of Bihar and ors.
Court: Patna
Decided on: Sep-25-2006
S.N. Hussain, J.1. Heard learned Counsel for the petitioner, learned Counsel for the State of Bihar and learned Counsel for the Bihar State Housing Board and its authorities.2. This writ petition is directed against the order of the Bihar State Housing Board communicated vide letter No. 316 dated 1.3.2001 (Annexure-11) issued under the signature of the Executive Engineer, Bihar State Housing Board, Patna by which the petitioner was directed to pay additional demand of Rs. 1,54,657/- by 31.12.2001 in addition to the amount already paid by him as the price of L.I.G. House No. LH-1/27 in the year 1983 and also for a direction to the respondents authorities for transferring and registering the said L.I.G. house in the name of the petitioner as per the agreement between the parties.3. Learned Counsel for the petitioner submits that under the welfare scheme for Low Income Group of landless persons, lands were acquired and constructions of house were made for being allotted to such persons ...
Tag this Judgment!Prabhat Kumar Singh Vs. the State of Bihar
Court: Patna
Decided on: Sep-25-2006
Chandramauli Kr. Prasad, J.1. Sole appellant, being aggrieved by his conviction under Section 302, 307 and 376 of the Indian Penal Code and sentence of rigorous imprisonment for life on the first count and ten years each on other counts, by judgment dated 20th of February, 2001 passed by the Sessions Judge, Samastipur in Sessions Trial No. 121 of 1997 has preferred this appeal.2. Prosecution commenced on the basis of a statement given by Ganga Prasad Singh (P.W.5) at Government Hospital, Mohiuddinnagar on 16.2.1995 at 8.15 P.M. before the Assistant Sub Inspector of Police, Birendra Prasad Singh (P.W.5).3. The mother of the victim must be cursing herself in asking her to purchase articles from the market, while returning from the School. She must be thinking, had she not asked her, she would have returned with other girl-students and not fallen prey to the crime, but that was not to be.4. According to the informant his daughter Baby Kumari, aged about thirteen years happened to be a s...
Tag this Judgment!Anil Kumar Vs. D.T.D.C. Courier
Court: Bihar State Consumer Disputes Redressal Commission SCDRC Patna
Decided on: Sep-25-2006
Anil Kumar Verma, Member: 1. This appeal is directed against the order dated 1.7.2005 passed by District Forum, Patna in complaint case No. 170 of 2003 whereby and whereunder the learned District Forum dismissed the complaint. Being aggrieved the complainant has come in appeal. 2. The case of the complainant in brief is that he was residing temporarily at Delhi for preparation of Engineering Examinations and for Bihar Combined Entries Competitive Examination 2002 he obtained a form which required attestation by Head of Institute last attended and, therefore, the complainant delivered a letter to opposite party Courier Agency on 13.3.2002 addressed to his brother at Patna and the Courier Agency assured that letter (form) will be delivered by 15th March, 2002; that the last date of receipt of form was 28th March; that complainant was anxious and made inquiries on 16.3.2002 and other dates but the opposite party went on saying that it has sent the consignment on the same date and advised ...
Tag this Judgment!Ram Pravesh Prasad Vs. State of Bihar and ors.
Court: Patna
Decided on: Sep-22-2006
Navaniti Prasad Singh, J.1. Heard the parties, State has filed a counter affidavit and a supplementary counter affidavit.2. The petitioner is a contractor and was carrying out some work on Jehanabad-Arwal State High way. It appears that some part of the road in vicinity to the worksite got damaged due to floods causing a total disruption in traffic. Being an important road the Engineers immediately decided to get the same repaired to restore the traffic. As petitioner was working near the site of that damaged road and considering the urgency of ' the work, the petitioner was asked to carry out the said repair. The Superintending Engineer, Road Constructions Department, Magadh Circle, Gaya sanctioned the repair work allotted to the petitioner at Rs. 2,45.694/-. It is clear from Annexure-6 that the cost of the work was sanctioned by the Superintending Engineer. From Annexure-7, it is clear that it is the petitioner who was assigned the work by the Executive Engineer and the Executive En...
Tag this Judgment!Koshi Project Workers Association and ors. Vs. State of Bihar and ors.
Court: Patna
Decided on: Sep-21-2006
Aftab Alam, J.1. This writ petition is filed at the instance of a trade union under the name and style of Koshi Project Workers' Association (Petitioner No. 1) and three individuals who claim to be the office-bearers of the Association/Union. The petitioners' seek to challenge an order, dated 28.12.2002 issued by the Deputy Secretary Revenue (Administration), Water Resources Department, Government of Bihar by which petitioners 2 to 4 were transferred from the Revenue Division, Purnea to Revenue Division, Buxar, Mohania and Ara respectively. The challenge to the petitioners' transfer is based on the plea that it was against the tripartite agreement dated 29.11.1994.2. On certain demands raised by the Bihar Water Resources Employees' Federation (of which the petitioner union claims to be a constituent) a conciliation proceeding under the provisions of the Industrial Disputes Act was held before the Labour Commissioner/Conciliation Officer. The proceeding concluded in a tripartite agreem...
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