Patna Court February 2007 Judgments

Chandeshwar Yadav Vs. the State of Bihar and anr.

Court: Patna

Ghanshyam Prasad, J.1. Heard.2. This application under Section 482 Cr.P.C. has been filed to quashed the order of cognizance dated 19.7.2005 passed by Shri R.K. Prasad, Judicial Magistrate, Bhojpur, Ara in complaint Case No. 389 (C) of 2004 thereby and thereunder cognizance under Sections 341 and 323 I.P.C. has been taken against the petitioner.3. Petitioner was then Officer-in-Charge of Krishna Garh Barhara P.S. Submission of the learned Counsel for the petitioner is that the entire prosecution is bad and illegal and it has been filed with ulterior and oblique motive to wreck vengeance. The real fact is that on the alleged date of the occurrence, the house of the opposite party No. 2 was searched by the petitioner and others and huge quantity of illegal fire arms and other illegal articles were recovered. The father of the opposite party No. 2 and others were taken into custody. On the self statement of the petitioner. Krishna Garh Barhara P.S. No. 41 of 2004 was registered against t...

Md. AlauddIn Vs. the State of Bihar and anr.

Court: Patna

Ghanshyam Prasad, J.1. Heard.2. This application under Section 482 Cr.P.C. has been filed to quash the order dated 30.3.2006 passed by Shri C.M. Jha, Judicial Magistrate, Danapur in Khagaul P.S. Case No. 79 of 2005 thereby and thereunder the court below has taken cognizance against the petitioner under Sections 498A, 307, 406/34 of the I.P.C.3. In course of submission, the learned Counsel for the petitioner challenged the impugned order mainly on the point of territorial jurisdiction. It is submitted that all occurrence of torture etc. alleged 1o be taken place in the matrimonial house of the victim which falls within Phulwarisharif P.S., Patna, whereas the case was lodged before Khagaul P.S. which falls in Danapur Sub Division. Therefore, neither the police of Khagaul P.S. had power to register for investigate the case nor, the court of Darapur had power to take cognizance upon such investigation. For that the learned Counsel for the petitioner has relied upon a decision of the High ...

Shailendra Kumar and ors. Vs. State of Bihar and anr.

Court: Patna

Ghanshyam Prasad, J.1. Heard.2. This application under Section 482, Cr.P.C. has been filed to quash the order of cognizance dated 5.8.2004 passed by S.D.J.M., Masurhi, Patna in Complaint Case No. 65-C of 2004 thereby and thereunder cognizance under Sections 406, 420 and 120B of IPC along with Section 4 of the Dowry Prohibition Act has been taken against the petitioners.3. On perusal of the complaint petition as well as submission of the learned Counsel for the petitioners as also the opposite-party No. 2, it appears that the marriage of son of petitioner No. 2 Yogendra Sinha was settled with sister of opposite-party No. 2. However, later on, the negotiation broke down due to some differences as a result the opposite-party No. 2 filed a complaint petition against all the family members of the petitioner No. 2 including his son.4. It appears from the allegation levelled in the complaint petition that in course of marriage negotiation some cash and other articles were paid by the opposit...

Bhrigu Nath Tiwary and ors. Vs. State of Bihar and ors.

Court: Patna

J.N. Bhatt, C.J.1. By this writ petition under Articles 226 and 227 of the Constitution of India, the petitioners have questioned the legality and validity of the order dated 2.6.1987 recorded by respondent No. 2, Joint Director, Consolidation (M), Bihar, Patna, in Revision Case No. 382 of 1985 confirming the orders dated 28.1.1985 in Consolidation Appeal No. 83 of 1983-84, and 13.1.1984 in Case No. 31 of 1983-84, recorded by respondent No. 3, Deputy Director of Consolidation, Bhojpur, Ara and respondent No. 4, Consolidation Officer, Bhojpur, respectively, copies whereof are placed on record, which are examined by the Court.2. Learned Counsels appearing for the parties have offered their submissions during course of final hearing. This Court has also, threadbare considered factual aspect of the material facts, as well as, the relevant proposition of law. It has been, vehemently, urged by the learnedC ounsel for the petitioners that the impugned order of the three revenue authorities a...

Ram Pujan Singh Vs. Union of India (Uoi) and ors.

Court: Central Administrative Tribunal CAT Patna

Reported in: (2008)(2)SLJ74CAT

1. The applicant who was working under the respondents as Attendant-cum-Cook in Food and Nutrition Board at Ranehi has come up before this Tribunal for quashing Annexures-A/and A/13, the former being the order of the Disciplinary Authority (one R.N. Chakravorty, Dy. Technical Advisor) dated 31.07.1985, on consideration of the inquiry report in which the charge was found to be proved, punishing the applicant/proceedee with removal from service, and the latter being the order of the Appellate Authority recorded on re-consideration of the matter, in compliance of the direction of this Tribunal recorded in O.A. 616 of 1997, dated 07.10.2004, (i) Annexure-A/3 is order by the Disciplinary Authority (Shri R.N. Chakravorty) dated 26.11.1984 placing the applicant under suspension in contemplation of a departmental proceeding against him, with immediate effect. (ii) Annexure-A/4, dated 05.12.1984 is a memorandum of charges against the applicant under signature of the same Disciplinary Authority...

Md. Alam Vs. Addl. Member Board of Revenue and ors.

Court: Patna

J.N. Bhatt, C.J.1. By this writ application under Articles 226 and 227 of the Constitution of India, challenge is against the order recorded by the Additional Member, Board of Revenue, Bihar, Patna in Case No. 375 of 1986 dated 9.11.1987, in revision, in which the order of the appellate authority came to be quashed holding that the application for pre-emption is justified.2. Let there be few material facts, relevant and material, for consideration of the merits of this writ petition.(i) the petitioners claimed to have purchased a narrow strip of homestead land situated in the midst of the village bearing plot No. 381 measuring 14 dhurs (a measurement locally used for measurement of land) for Rs. 5000/- for the purpose of constructing his residence and he has also constructed a hut on the said land. 3. It is the contention that he is a landless person who purchased the questioned land for Rs. 5000/- for residential purposes, and, therefore, it is homestead land of a landless person and...

Smt. Nirmal JaIn Vs. Income Tax Officer

Court: Income Tax Appellate Tribunal ITAT Patna

Reported in: (2008)112ITD164(Pat.)

1. This is an appeal filed by the assessee against the levy of penalty of Rs. 15,808 under Section 271B of the Act.2. The allegation of the AO was that the assessee ought to have got his accounts audited as required under Section 44AB of the Act because he has declared net profit at a rate less than 8 per cent whereas if an assessee is claiming profits and gains from civil construction at a rate less than 8 per cent then he ought to have got accounts audited as required under sub-s. (c) of Section 44AB. Since there was a failure on the part of the assessee to get the accounts audited, a penalty of Rs. 15,808 was levied. This was confirmed by the learned CIT(A).3. Against this, the learned Authorized Representative of the assessee submitted that the assessee is not a civil contractor as he is only using a mobile crane for loading and unloading iron (and) steel material from the railway siding. Therefore, the provisions of Section 44AB or Section 44AD would not be applicable in that cas...

Neeta Agrawal Vs. the State of Bihar

Court: Patna

Ghanshyam Prasad, J.1. Heard.2. This application has been filed to quash the order of cognisance dated 4.4.2006 passed by A.C.J.M. Gava in Kotwali P.S. Case No. 1 of 2005. thereby and thereunder the learned Magistrate has taken cognizance under Section 304 I.P.C. against the petitioner and others.3. The wife of opposite party No. 2 was pregnant. On 30.12.2004, she developed labour pain. The opposite party No. 2 brought his wife to the clinic of petitioner Dr. Neeta Agrawal. In the morning of 3.1.2005, the wife of the opposite party No. 2 was operated and she nave birth to a dead child. The informant has alleged that the child died due to negligence of the doctor and other staff of the clinic.4. On 3.1.2005. the opposite party No. 2 Indeed fardbeyan before the police. Police registered case and after investigation submitted final report. However, the learned A.C.J.M. did not accpet the final report and took cognizance under Section 304 I.P.C.5. The submission of the learned Counsel for...

Ajay Kumar Pathak Vs. the State of Bihar and ors.

Court: Patna

Sudhir Kumar Katriar, J.1. This writ petition has been preferred with the following prayer:(i) A certiorari setting aside the office order No. 176, dated 23.1.1999, passed by the respondent Director as contained in Annexure-6, whereby and whereunder the petitioner has illegally been dismissed from service;(ii) A certiorari setting aside the order as contained in memo No. 696, dated 31.3.2000 issued by the respondent Commissioner -cum- Secretary, as contained in Annexure-7, whereby and whereunder the appeal filed on behalf of the petitioner against the order of dismissal has illegally been rejected.(iii) A mandamus commanding and directing the respondents to reinstate the petitioner in service and allow him to discharge his duties in the department without any hindrance.2. According to the writ petition, the petitioner at the relevant point of time was a Class-III employee and acting Peshkar in the office of the Special Land Acquisition Office No. 3, Suwarnrekha Pariyojana, Mango, Jams...

Chief Electoral Officer Vs. Jagmato Devi and ors.

Court: Patna

J.N. Bhatt, C.J.1. This group of two Letters Patent Appeals under Clause 10 of the Letters Patent of the Patna High Court arise out of an order and judgment of the learned Single Judge dated 3.1.2006 in C.W.J.C. No. 7018 of 2003.2. We have heard the learned Counsels for the parties. We have examined the factual profile, as well as, testimonial collections. We have also taken into consideration, the relevant proposition of Law of Insurance arising out of the factual matrix.3. While L.P.A. No. 537 of 2006 is at the instance of the Chief Election Officer, Bihar, Patna, L.P.A. No. 177 of 2006 is at the instance of Branch Manager, National Insurance Company Limited.4. Learned Counsels appearing for the appellant Insurance Company have raised the following two contentions:(i) that though there was an insurance policy in force oh the unfateful day for the purpose of election work security, the death has not occurred during the course of election work or duty. Thus, the Insurance Company appe...