Patna Court November 2007 Judgments
Dr. Baleshwar Pd. Chaurasiya and ors. Vs. the State of Bihar and ors.
Court: Patna
Decided on: Nov-21-2007
Navin Sinha, J.1. Heard learned Counsel for the petitioners and learned Counsel for the State.2. The petitioners, who are Medical Officers in Bihar Health Services are aggrieved by the orders of their transfer dated 29.6.2007.3. Learned Counsel for the petitioners submits that the orders of transfer have been passed by an authority not competent to do so. The Divisional Commissioner is not competent to order the transfer of the petitioners, but, it is only the competent authority in the Department of Health, who can do so.4. A counter affidavit has been filed on behalf of the State. The counter affidavit states that the transfer of the petitioners has been ordered by the Establishment Committee under the chairmanship of the Divisional Commissioner; that all the petitioners have completed more than three years at their present place of posting.5. An order of transfer is an administrative matter not to be interfered with by a Court unless there be any statutory violation or if the trans...
Tag this Judgment!Ashish Mandal Alias Ashis Mandal and Vs. the State of Bihar
Court: Patna
Decided on: Nov-21-2007
Rekha Kumari, J.1. The above Death Reference and the two appeals filed by the appellants Ashish Mandal alias Ashis Mandal and Chandradeo Mandal respectively arise out of the same judgment dated 9.8.2005 passed by the 1st Additional Sessions Judge, Bhagalpur in Sessions Trial No. 205 of 2005/ 42 of 2005 and as such they have been taken up and heard together and this judgment will dispose of all of them.2. The learned Additional Sessions Judge by the above judgment has convicted both the appellants under Sections 376 and 302/34 of the Indian Penal Code and. on 17.8.2005 without awarding separate sentence for the above offences, has sentenced both of them consolidately for the two offences, to death subject to the confirmation by this Court and has made the above death reference.3. The prosecution case, as mentioned in the fardbeyan (Ext. 1) of the informant Smt. Ajo Devi recorded by the S.I. Vijay Kumar Singh, of Ghogha Police Station in the district of Bhagalpur on 14.8.2004 at 11.00 a...
Tag this Judgment!ilo Mian and Sita Devi Vs. the State of Bihar and anr.
Court: Patna
Decided on: Nov-21-2007
Rekha Kumari, J.1. Both the criminal miscellaneous cases are directed against the same order dated 15.2.2006 passed by the Addl. District Judge cum F.T.C.V. Khagaria in S.Tr. No. 137/2004 and as such, they have been heard together and would be disposed of by this common order. The learned Addl. Sessions Judge by the impugned order has dismissed the petition filed by these petitioners under Section 227 Cr.P.C.2. According to the complaint petition, the step mother (petitioner Sita Devi) of the complainant along with other co-accused including petitioner Ilo Mian hatched a conspiracy in order to grab the property of the family (the complainant's father being dead) by eliminating the complainant and her uncle and abducted the uncle and since abduction he is traceless. The complaint petition was registered as Alauli P.S. Case No. 16/2001.3. Learned Counsel appearing for the petitioner Ilo Mian submitted that there is no evidence against the petitioner and he has been implicated in this ca...
Tag this Judgment!Bijo Panda, Vs. the State of Bihar
Court: Patna
Decided on: Nov-20-2007
Ghanshyam Prasad, J.1. This appeal has been preferred against the judgment of conviction and sentence dated 20.2.1988 passed by Additional Sessions Judge-XI, Munger in Sessions Trial No. 551 of 1985. All the four appellants have been found guilty under Sections 302/34 I.P.C. and have been sentenced to undergo imprisonment for life.2. Prosecution story in short compass as un-folded in fardbeyan (Ext.2) lodged by Mahendra Prasad Rai (not examined), son of the deceased Parmeshwar Prasad Rai is that on 15.4.1985, he was taking meal inside the house. His father (deceased) and mother Shanti Devi (P.W.5) were sitting infront of the house. In the meantime, all of a sudden, all the four appellants variously armed alongwith some known miscreants came and asked key of boxes from the deceased. On refusal, they all assaulted him with their respective weapons i.e. lathi, bhala, saif and hammer and took him away near Sheo Ganga pond situated towards west of the house of the informant and committed ...
Tag this Judgment!indu Shekher Singh and ors. Vs. State of Bihar and anr.
Court: Patna
Decided on: Nov-20-2007
Syed Md. Mahfooz Alam, J.1. This is an application for quashing of the entire criminal proceeding in Complaint Case No. 2868 (C) of 2005 including the order dated 4.10.2005 passed by the Chief Judicial Magistrate, Patna and the order dated 9.12.2005 passed by the Sub-Divisional Judicial Magistrate, Patna whereby the learned Sub-Divisional Judicial Magistrate has taken cognizance of the offence under Sections 116, 420, 166 and 167 of the Indian Penal Code and Section 15 of the Environment (Protection) Act, 1986 (in short, 'the Act') and summoned the petitioners for facing trial for the abovesaid offences.2. The brief facts of the case, are as follows: One Satish Singh, a resident of Mohalla Prakash Nagar, Khagaul Road within Phulwarisharif Police Station, Patna filed a complaint alleging therein that he along with his family members resides in his residential house at Prakash Nagar, Naya Tola, and the accused persons who are office bearers of the Bihar State Pollution Control Board, P...
Tag this Judgment!Food Corporation of India and Ors. Vs. Smt. Savitri Devi (through LR's ...
Court: Patna
Decided on: Nov-20-2007
Syed Md. Mahfooz Alam, J.1. This Misc. Appeal has been preferred by the Food Corporation of India and others against the judgment and decree dated 30-6-1999 passed in Title Suit No. 53 of 1984/65 of 1999 by Sri Rajendra Prasad Yadav, Sub-Judge IV. Samslipur. Whereby he has been pleased to make the Award dated 20-2-1995 passed by Sri R. L. Mukherjee, the sole Arbitrator as the rule of the Court.2. The brief facts of the case are as follows:Late Girdhari Lal Agarwal, the husband of the plaintiff respondent No. 1, Smt. Savitri Devi was appointed as Handling and Transport Contractor by Food Corporation of India for a period from 25-1-1982 to 24-1 -1984 i.e. for two years in terms of the tender issued on 25-8-1981. The said tender was accepted on 18-1-1982 whereby the tender was allotted to late Girdhari Lal Agarwal. The case of the plaintiffs-respondent is that due to non-payment of running bills by the defendant appellant the late Girdhari Lal, Agarwal could not continue with the work af...
Tag this Judgment!Shree Pati Prasad Vs. the State of Bihar and ors.
Court: Patna
Decided on: Nov-20-2007
Sheema Ali Khan, J.1. Heard the counsel for the petitioner and counsel appearing on behalf of the State and counsel appearing on behalf of the Intervener respondent.2. The petitioner has challenged the order of the suspension passed on 13.9.2007 by the Secretary, Department of Food, and Consumer Protection, Government of Bihar, Patna for the reason that the petitioner had made a delay in instituting the First Information Report with respect to the seizure which was reported to the Investigating Officer of the Motihari Town Police Station on 25.2.2007 for which, the First Information Report was lodged on 11.7.2007.3. Learned Counsel appearing on behalf of the petitioner submits that the order of suspension is malafide and against the law and this is one of the rare case in which the order of suspension should be quashed.4. It is necessary to state the facts of case in order to decide whether the suspension order is justified or not.5. The petitioner was posted at Chiraiya, in the distr...
Tag this Judgment!Ram Suresh Prasad Vs. the State of Bihar and ors.
Court: Patna
Decided on: Nov-20-2007
Navin Sinha, J.1. Heard learned Counsel for the petitioner, learned Counsel for the State of Bihar as also for the State Advisory Committee and the State of Jharkhand.2. The petitioner is aggrieved by the order dated 16.1.2007 by which he has been finally allocated the Jharkhand cadre. His grievance, inter alia, is non-consideration of the objection filed by him on 15.8.2003.3. The submission on his behalf is that he belongs to the cadre of Nil Mudrak (Drawing staff). The total strength of the cadre is nine while the actual working strength is six. As per the guidelines framed under the Bihar Re-organisation Act, the posts were divided on a 6:3 basis, vis-avis, Bihar and Jharkhand. This has actually been done on a 5:4 posts by the Advisory Committee. On basis of the working strength of six the cadre allocation has been done on the basis of 4:2. The petitioner belongs to the backward class category. As per the allocation presently done only one backward class category post has gone to ...
Tag this Judgment!Sanjay JaIn and Nisha JaIn Vs. the State of Bihar and Rajeev Modi
Court: Patna
Decided on: Nov-20-2007
1. This is an application under Section 482 of the Code of Criminal Procedure for quashing the order dated 15.10.2001 passed by the Judicial Magistrate, 1st Class, Patna in Complaint Case No. 1434(c) of 2001 whereby he has found a prima facie case under Sections 420, 406 and 120B of the Indian Penal Code against the petitioners and has directed to issue summons against them for facing trial.2. The case of the complainant Rajeev Modi (Opposite Party No. 2) in the complaint petition is that he had come to visit his in-laws in Patna where the petitioners approached him for being appointed as C & F agent for Bihar for their Company (Rajasthan Breweries Limited) engaged in the business of manufacture of Bottles/Cans and marketing beer under the brand name of 'Stroh's Premium' and 'Stroh's Super Strong'. The petitioners projected and assured that the business was very lucrative and yielding high returns on investments. On the representation made by the petitioners, the complainant agreed to...
Tag this Judgment!Vinod Kumar Singh Vs. the State of Bihar and ors.
Court: Patna
Decided on: Nov-14-2007
Navin Sinha, J.1. Heard learned Counsel for the petitioner and learned Counsel for the State.2. The petitioner is a Statistical Supervisor. He was posted in the office of the District Education Officer at Biharsharif in the district of Nalanda. On 9.3.2006 at Annexure-1, a communication was issued by the Deputy Collector Incharge of the Public Grievances Cell addressed to the District Superintendent of Education, Nalanda, that complaints have been received against the petitioner. He should, therefore, be transferred out of the District Headquarters with a compliance report to be submitted. Annexure-2, dated 16.3.2006 then came to be issued by the District Superintendent of Education, Nalanda stating that on direction of the Deputy Collector Incharge dated 9.3.2006 the petitioner was deputed to the office of the Sub-divisional Education Officer, Hilsa. Thereafter, an order dated 14.7.2006 at Annexure-3 came to be issued from the office of the District Magistrate, Nalanda at Biharsharif...
Tag this Judgment!- ‹ Prev
- 1
- 3
- 4
- Next ›
- Last »