Patna Court September 2006 Judgments
Anju Devi and anr. Vs. the State of Bihar and ors.
Court: Patna
Decided on: Sep-20-2006
S.N. Hussain, J.1. Heard learned Counse1 for the petitioners, learned Counsel for the State and learned Counsel for the Bihar State Election Commission.2. In this writ petition the petitioners seek writ of mandamus directing the respondents to treat the names of the petitioners in the voter list of Ward No. 10, Kanhauli Bishundutta Gram Panchayat, as according to the petitioners it existed on the day of nomination for the posts of Sarpanch and Member of the Panchayat Samiti in the General Elections of 2006 and in consequence thereof their respective candidature for different posts were accepted and also for restoring the previous position allowing the petitioners to contest the aforesaid elections.3. Learned Counsel for the petitioners submits that, when the notification of Election of 2006 was published the petitioners' name existed in the electoral roll, according to which they filed their nominations on the appointed date i.e. on 17.3.2006 which was accepted and thereafter symbol w...
Tag this Judgment!Sheo Prasad Singh and ors. Vs. State of Bihar and ors.
Court: Patna
Decided on: Sep-19-2006
I.P. Singh, J.1. This application filed under Section 482 of the Code of Criminal Procedure, 1973 (in short the Code) is directed against the entire proceeding of Complaint Case No. 566(C) of 2003(Annexure-1) -pending in the court of Shri Ram Binod Singh, Judicial Magistrate, Ist Class, Danapur as also for quashing the order of cognizance taken against the petitioners aid others on 22.9.2003 for the offences under Sections 420 and 468 of the Indian Penal Code.2. From the facts of this case it appears that opposite party No. 2, Shailendra Kumar, had filed a complaint petition against the present petitioners as also against one Ram Binoy Sharma (presently out of Bihar). In this complaint petition he had alleged that his father had died on 1.6.3302 and taking advantage of his death his uncle Sheo Prasad Singh (petitioner No. 1) got his name recorded over some of the properties of the joint family in the revisional survey on the basis of a forged Panchnama which was created by the petitio...
Tag this Judgment!United Commercial Bank (Uco Bank) Vs. the Banking and ors.
Court: Patna
Decided on: Sep-18-2006
Navaniti Prasad Singh, J.1. With consent of parties, the two writ applications have been heard together in details for final disposal at the stage of admission itself.2. The first writ application that is CWJC No. 15675 of 2004 has been filed by United Commercial Bank ('UCO Bank' for short) challenging the validity of the order dated 31.03.2003 passed by the Banking Ombudsman under the Banking Ombudsman Scheme 1995 (hereinafter referred to as 'the Scheme') in relation to a dispute as between UCO Bank and the Bihar State Food and Civil Supplies Corporation (hereinafter referred to as 'the Corporation'). The second writ application that is CWJC No. 11680 of 2004 has been filed by the Corporation for implementation of the award/order dated 31.03.2003 passed by the Banking Ombudsman which is impugned in the first writ.3. Heard Shri S.D. Sanjay, learned Counsel for the UCO Bank, Shri R.S. Pradhan, Senior Advocate for the Corporation and Shri Tarakant Jha, learned Senior Advocate on behalf...
Tag this Judgment!Most. Fudni Devi and ors. Vs. Chotelall Sah and ors.
Court: Patna
Decided on: Sep-15-2006
Navaniti Prasad Singh, J.1. Heard Sri Mandal, learned Senior counsel for the petitioner.2. He submits that plaintiff-petitioner had filed a suit for declaration of title and confirmation of possession and if found out of possession or if dispossessed during pendency of suit for restoration of possession the suit was decreed. The trial Court confirmed his possession. The suit was decreed. No sooner the suit was decreed the defendants who did not appear in the proceedings dispossessed the petitioner. The petitioner then put the decree in execution. The Court refused to go behind the decree and said that the decree was unexecutable. It is this order that is under challenge. Strict reliance has been placed in AIR 1988 Orissa Page 9 which is virtually identical on facts. The said Court has held that executing Court was only to interpret the judgment and decree in the light of relief that was sought for which included a relief of restoration of possession the same could be granted executed ...
Tag this Judgment!Abdush Sakur Vs. Dr. Kamal Ashraf
Court: Bihar State Consumer Disputes Redressal Commission SCDRC Patna
Decided on: Sep-15-2006
D.P.S. Choudhary, President: 1. Complaint has been filed against the O.P.- Dr. Kamal Ashraf (hereinafter referred to as Doctor) alleging negligence and deficiency in service while treating the wife of the complainant and claimed Rs. 17,73,603 only against the O.P. including compensation, cost of the treatment, etc. as detailed in paragraph-19 of the complaint. 2. The brief fact of the case is that on 8.6.1998 the complainants wife Rehana Asmin had severe stomach pain. She was brought to the local doctor at Tajpur, Samastipur who advised some medicine and some injection and further advised for examining her by a surgeon. On 9.6.1998 in the night she was brought to the clinic of O.P. situated at S.P. Verma Road, Patna. He paid his fee of Rs. 100 and diagnosed as stone in gall bladder and advised immediate operation. The compounder of the O.P. asked the complainant to deposit Rs. 9,075 as operation charge, etc. The complainant deposited Rs. 5,000 immediately and promised to pay the remain...
Tag this Judgment!Satyendra Kumar Gupta Vs. the State of Bihar
Court: Patna
Decided on: Sep-14-2006
Rekha Kumari, J.1. This appeal is directed against the judgment dated 31.1.2002 passed by Sri Amaresh Kumar Lal, 6th Addl. Sessions Judge, Chapra in S.Tr. No. 312/99 by which he has convicted the appellant under Section 304B and 201 I.P.C. and has sentenced him to undergo imprisonment for 14 years for offence under Section 304B I.P.C. and 3 years for the offence under Section 201 I.P.C. with a direction that the sentences would run concurrently.2. The prosecution case, in brief, is that Kanchan Kumari, the daughter of the informant, was married to the appellant Satyendra Kumar Gupta on 2.7.1997. Co-accused Baijnath Sah, the maternal grand father of the appellant had adopted the appellant as his son. So, after marriage the girl went to the house of accused Baijnath Sah at village Repura and started living there. On 20.7.1997 the maternal uncle of the informant came and informed them that on 15.7.1997 Kanchan Kumari was pushed down in river from Katasa bridge as a result of which she wa...
Tag this Judgment!Ganga Jali Devi Vs. the State of Bihar
Court: Patna
Decided on: Sep-13-2006
Rekha Kumari, J.1. This is an appeal against the judgment dated 7.2.2004 passed by the Sessions Judge-cum-Special Judge (N.D.P.S.), Buxar, in N.D.P.S. Case No. 30 of 2002 by which he has convicted the appellant under Section 20(b)(ii)(c) of the N.D.P.S. Act for contravening the provisions of Section 8(c) of the Act by being in unlawful possession of 160.5 Kgs. of Ganja and has sentenced her to undergo rigorous imprisonment for 12 years and to pay a fine of rupees one lakh and in default, to undergo further period of rigorous imprisonment for 2 1/2 years.2. The prosecution case as revealed from the written report is that on 16.11.2002 at 2.00 p.m. the informant S.I. Vinay Kumar Sharma, Officer-in-charge of Buxar Industrial Area P.S. received a reliable information that some contraband ganja was kept concealed in the house of one Bali Kohar of village Barkagaon within his police station and that the contraband ganja might be recovered if prompt action was taken. On getting that informat...
Tag this Judgment!Smt. Ramkali Devi and ors. Vs. the State of Bihar and ors.
Court: Patna
Decided on: Sep-13-2006
1. Heard Mr. Y.V. Giri, Senior Advocate appearing for the petitioners and Mr. Purnendu Singh, J.C. To A.G. representing the State.2. The petitioners in this case held licences for bars-situate out-side the limits of any municipal corporations. They seek to challenge a notification, dated 8.8.2005 by which the Board of Revenue in exercise of powers under Section 90 of the Bihar Excise Act, amended Rule 107 of the Bihar Excise Rules fixing fees of licences for sale of IMFL by hotels, restaurants, bars, clubs, canteens etc. The petitioners try to assail the amended Rule 107 in so far as it does away with the rural category that was there under the previous rule and fixes the annual fee for the licence at the flat rate of Rs. 3 lakhs for all hotels, restaurants, bars etc. not being a 3 star, 4 star or 5 star hotel and situate at any place out-side the Corporation limits. Under the previous rule apart from Star-hotels or restaurants, bars etc. at places like Patna, Ranchi, Jamshedpur, Dhan...
Tag this Judgment!Dr. Suchita Chaudhary Vs. the State of Bihar and anr.
Court: Patna
Decided on: Sep-13-2006
Rekha Kumari, J.1. This is an application under Section 482 of the Code of Criminal Procedure for quashing the order dated 16.7.2004 passed by Sri S.K. Sinha, Judicial Magistrate, 1st Class, Vaishali by which he has ordered to issue summons against the petitioner to face trial under Sections 326 and 338 of the Indian Penal Code in Complaint Case No. 58/2004.2. Heard both the sides.3. The case of the complainant (O.P.No. 2) in the complaint petition, in brief, is that his wife Sumanju Devi had some problem in her uterus on account of which she developed acute pain and was having bleeding problem. She was at first treated by Dr. Usha Didwania, Patna. She advised removal of uterus. As there were difficulty in getting her operated in Patna, he (O.P.No. 2) consulted the petitioners on 7.3.2000 and 11.11.2000. The petitioner also advised his to get his wife's uterus removed by operation and further advised urine test. On urine test, it was detected that his wife was suffering from E. Coli. ...
Tag this Judgment!Suraj Singh @ Suraj Bhan Singh Vs. State of Bihar
Court: Patna
Decided on: Sep-13-2006
J.N. Bhatt, C.J.1. In this group of throe criminal miscellaneous applications, the common petitioner has, virtually, raised a common question. Therefore, upon consensus, they have been heard together and now are being disposed of by this common judgment/order.2. In all these cases, the accused petitioner has invoked the jurisdiction of this Court for the exercise of powers under Section 407 of the Code of Criminal Procedure, 1973 ('Cr.P.C.') for transfer of three cases, namely, Sessions Trial No. 142 of 1995, pending before Fast Track Court I, Begusarai (In Cr, Misc. No. 28169 of 2006), G.R. Case No. 919 of 1994, arising out of Barauni P.S. Case No. 150 of 1994, pending before the Judicial Magistrate, Ist Class, Begusarai (In Cr. Misc. No. 30170 of 2006) and Sessions Case No. 275 of 1993, pending before the Fast Track court IV, Begusarai (In Cr. Misc. No. 27752 of 2006), to any other Court of competent jurisdiction in the State of Bihar, but, outside the district of Begusarai, mainly,...
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