Patna Court December 2007 Judgments

Tardih Prakhand Matasyajivi Swablambi Sahakari Samiti Ltd. and anr. Vs ...

Court: Patna

Navaniti Prasad Singh, J.1. In Heard the parties and with their consent, this writ application is being disposed of at the stage of admission itself. Shri Keshav Shrivastava, learned Senior Counsel appears on behalf of the petitioners and in support of the writ petition and Shri Yogendra Mishra, learned Senior Counsel appears on behalf of contesting respondent No 5, validity of whose registration is under Challenge. State is represented and records have been produced by the State as per previous orders of this Court.2. Respondent No 5 made an application for registration of Cooperative Society in terms of Bihar Cooperative Societies Act, 1935. The registration application was forwarded and ultimately reached the Registrar, Cooperative Society, who is the competent designated authority in terms of Section 11 of the Act, to register. It appears that the Registrar, who is the statutory authority to register, instead of registering himself, forwarded the same for approval of the State Gov...

Ashok Kumar Gupta and ors. Vs. State of Bihar

Court: Patna

Rekha Kumari, J.1. This application under Section 482 of the Code of Criminal Procedure has been filed for quashing the order dated 8.7.2002 passed by Sri M. M.S. Lal, J.M. 1st Class, Bhagalpur in G.R. Case No. 687 of 1995 arising out of Kotwali P.S. Case No. 160/95 whereby and whereunder the learned Magistrate has rejected the petition filed by the petitioners for dismissal of the case being barred by limitation. The order dated 15.7.2004 passed by the 3rd Additional Sessions Judge, Bhagalpur in Criminal Revision No. 349 of 2002 is also under challenge in this application whereby the learned Additional Sessions Judge has dismissed the revision application holding that the order of cognizance.was not barred by limitation.2. learned Counsel for the petitioners submitted that the learned Magistrate has rejected the petition filed by the petitioners on the ground that cognizance has been taken by the Chief Judicial Magistrate, who is superior to him and hence, he was not empowered to con...

Ram Babu Prasad @ Ram Babu Sah and Kanchan Devi Vs. the State of Bihar ...

Court: Patna

Rekha Kumari, J.1. The petitioners have filed this criminal misc. application for quashing the order dated 6.8.2004 passed by the Judicial Magistrate, 1st Class, Patna in Complaint Case No. 861(c) of 2003 whereby he has taken cognizance under Section 406 of the Indian Penal Code and Section 138 of the Negotiable Instrument Act against the petitioners' and others and has ordered to issue summons against them to face trial. They have also prayed for quashing the order dated 28.6.2005 passed by the Sessions Judge, Patna in Criminal Revision No. 394 of 2005 whereby the revision petition filed by the petitioners against the above order of the Magistrate has been dismissed being barred by limitation.2. The case of the complainant in short is that co-accused Raj Kishore runs a business in the share market in the name and style of Rajesh Securities. He takes money from the public and invests the same in share and earns commission and the other co-accused including the petitioners help him in ...

Smt. Shanti Verma and ors. Vs. the State of Bihar and ors.

Court: Patna

Navaniti Prasad Singh, J.1. The original writ petitioner Chandra Deo Prasad Verma died on 30.04.2005 and has since been substituted by his three daughters, namely, Smt Shanti Verma, Smt Kamla Devi and Smt Prem Sheela. 2. The original petitioner was allotted on 11.02.1981 (Annexure-1) a Middle Income Group House constructed by the Bihar State Housing Board being House No. 165 at Lohianagar, Kankerbagh, Patna. The said allotment letter indicated that the tentative price of the building alongwith the land was calculated at Rs. 61,292/- but the same was subject to revision on basis of cost of acquisition escalating or cost of development escalating or cost of building escalating. If there be any such escalation, the same would be payable by the petitioner and the demand thereof would be binding on the petitioner, who would not demand any justification for the same. The petitioner was required to pay Rs. 38,650/- within thirty days in a single instalment and the balance of Rs. 42,042/- sha...

Shankar Choudhary and ors. Vs. State of Bihar

Court: Patna

Reported in: 2008(1)BLJR900; 2008CriLJ849

1. All the 14 appellants have preferred this appeal against the judgment and order dated 1.7.2002 passed by the learned Additional Sessions Judge, (F.T.C. No. 4), Kaimur at Bhabhua in Sessions Trial No. 358/80 of 1990/2002, whereby, all the appellants were convicted for the offences under Sections 364/34, 302/34, 201 of the Indian Penal Code and awarded ten years, life imprisonment and 7 years rigorous imprisonment respectively for each of those charges. They were further convicted under Section 27 of the Arms Act but no separate sentence was awarded on that count.2. An affidavit has been filed to show that appellant No. 1 Shanakar Choudhary died on 13.6.2007 in Sub-divisional Hospital, Buxar, and in support of such fact a copy of the death certificate has also been brought on record. In that view of the matter, this appeal will be treated to have abated in respect of appellant No. 1 Shankar Choudhary.3. The prosecution case as appearing from fardbeyan of (P.W. 6) Mukti Narain Rai is ...