Patna Court March 2007 Judgments
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Brashamdeo Mehta Vs. the State of Bihar
Court: Patna
Decided on: Mar-14-2007
Chandramauli Kr. Prasad and Abhijit Sinha, JJ.1. Brahamdeo Mehta, appellant herein, was put on trial for offence under Section 302/34 and 307/34 of the Indian Penal Code along with accused Mantu Mehta, who in addition was charged for offence under Section 302 and 307 of the Indian Penal Code simplicitor. First Additional Session Judge, Madhepura, by judgment dated 11th of July, 2001 passed in Sessions Trial No. 74 of 1998 held them guilty of offence under Section 307/34 and 302/34 of the Indian Penal Code and sentenced them to suffer rigorous imprisonment for life on both the counts. A fine of Rs. 25000/ each was also inflicted on both the counts and in default thereof, they were directed to suffer rigorous imprisonment of two years. Sentences were directed to run concurrently.2. Aggrieved by the same, both preferred separate appeals. Appeal preferred by Mantu Mehta was registered as Cr. Appeal No. 381 of 2001, whereas appeal preferred by Brahamdeo Mehta has given rise to Cr. Appeal N...
Rita Devi Vs. the State of Bihar and ors.
Court: Patna
Decided on: Mar-14-2007
Navin Sinha, J.1. Heard learned Counsel for the petitioner, learned Counsel appearing for the State and the learned Counsel appearing for Respondent No. 2.2. The Respondent No. 2 filed Misc. Election Petition No. 22 of 2006 before the Munsif, Danapur, challenging the election of the petitioner as Mukhia of the Singhara Copa Gram Panchayat. The petitioner appeared, filed her written statement denying the allegations. A preliminary objection was also taken with regard to the maintainability of the suit. The challenge was that in absence of the details of corrupt practices under Sections 139 or 141 of the Bihar Panchayat Raj Act, 2006 (hereinafter referred to as 'the Act') the suit ought to be dismissed at the initial stage.3. The court below by the impugned order dated 3.11.2006 rejected the objection holding that the issue of maintainability would not be decided as a preliminary issue and that it had necessarily to be decided along with other issues raised in the suit.4. Learned Counse...
JaIn Industries Vs. the State of Bihar and ors.
Court: Patna
Decided on: Mar-13-2007
1. Heard Mr. N.L. Rastogi, learned Senior Advocate appearing for the petitioner and Mr. Purnendu Singh, JC. to the Advocate General representing the State.2. The question that falls for consideration in this case is whether Lal Dant Manjan produced for sale by the petitioner would qualify as medicine or it is a toiletry under Entry No. 45 of Schedule III to the Bihar Value Added Tax Act.3. It may be stated here that drugs and medicines are liable to tax under the Act @ 4% whereas an article of toiletry at the much higher rate of 12.5%. In the assessment order for the assessment period 2005-06 the Assistant Commissioner, Commercial Taxes has taken the petitioner's product, namely, Lal Dant Manjan as an article of toiletry and has subjected the petitioner's gross turn over to tax @ 12.5%.4. On behalf of the petitioner it is contended that Lal Dant Manjan is an Ayurvedic medicine and the revenue authority was in error in holding that it was an article of toiletry and not a medicine.5. Be...
Harendra Rai Vs. the State of Bihar and ors.
Court: Patna
Decided on: Mar-13-2007
Aftab Alam, J.1. In this petition filed under Articles 226 and 227 of the Constitution the petitioner prayed for a writ in the nature of habeas corpus for recovery and production of his mother, who according to him, was abducted to prevent her from being examined as witness in a criminal trial. In the writ petition many allegations are made mainly against Prabhunath Singh who is the sitting M.P. from Maharajganj constituency in the district of Chapra and who is described as one of the leaders of the ruling party in the State. It is stated that for the murder of the petitioner's brother Rajendra Rai and one Daroga Rai [Masrakh (Panapur) PS case No. 62 of 1995], Prabhunath Singh along with some other accused was facing trial in Sessions Trial No. 19 of 2003 in the court of the 7th Addl. Sessions Judge, Bhagalpur. The trial court had earlier closed the prosecution evidence even though some material eye-witnesses were not examined but on 23.10.2006 it allowed a petition filed under Sectio...
Binay Raut Vs. the State of Bihar and ors.
Court: Patna
Decided on: Mar-13-2007
Navin Sinha, J.1. Heard learned Counsel for the petitioner and learned Counsel appearing for the State.2. The mother of the petitioner was deceased while in service on 23.3.1983. The petitioner was a minor. He applied for compassionate appointment in the year 1988, on his attaining majority as alleged. The application came to be rejected by an order dated 23.12.1988 as the same was not made within the prescribed period under the Rules as it then existed and which provided a time limit of two years from the date of death for such application.3. The petitioner did not assail the rejection order before any court of law. The order attained finality. Presumably the petitioner did not do so because his father was receiving family pension on account of the services rendered by his mother. The petitioner then re-applied in November, 1990 when the present order impugned dated 4.6.1991 came to be passed.4. Learned Counsel for the petitioner sought to make out a fresh cause of action from the or...
Most. Prem Lata Paswan Vs. the Chairman-cum-managing Director, Punjab ...
Court: Patna
Decided on: Mar-13-2007
Navin Sinha, J.1. Heard learned counsel for the petitioner and learned counsel for the Bank.2. The petitioner seeks the relief of compassionate appointment. Her husband was deceased on 1.4.2003. Her application came to be rejected by an order dated 24.3.2004 that having regard to the terminal dues received by the family and that the family was residing in its own accommodation, the liability upon the employee at the time of his death, the financial condition of the family was not found to be indigent.3. A counter affidavit has been filed on behalf of the Bank. It has been stated in the counter affidavit that in accordance with the scheme of the Bank, an application for compassionate appointment is considered keeping in view the following:(i) Family Pension.(ii) Gratuity amount received.(iii) Employee and Employers contribution of Provident Fund.(iv) Any compensation paid by the Bank on its Welfare fund.(v) Proceeds of L.I.C. Policy and other investment of the deceased employee.(vi) In...
Firoz Alam Vs. the State of Bihar and ors.
Court: Patna
Decided on: Mar-13-2007
Syed Md. Mahfooz Alam, J.1. This is an application for cancellation of anticipatory bail granted to opposite party Nos. 2, 5 by order dated 17.7.2006 passed in Cr.Misc. No. 24663 of 2006.2. Heard Mrs. Pallavi Mishra, learned Advocate of the petitioner as well as Mr. Raghib Ahsan, learned Advocate of opposite party Nos. 2 to 5.3. It has been submitted by the learned Advocate of the petitioner that for obtaining anticipatory bail, opposite party Nos. 2 to 5 have taken assistance of a forged document i.e. Nikahnama. The learned Advocate further submitted that admittedly the father of the girl, namely, Firoz Alam, was not present at the time of Nikah of his daughter, Gazala Parveen with Rashid Shamin alias Munna and admittedly, the said Nikah was performed without the consent of the father of the girl but Nikahnama (Annexure-2 of this application) will show that the signature of the father of the girl is present on the said Nikahnama which is definitely forged one. The learned Advocate su...
The State of Bihar Vs. Gafar Mian and ors.
Court: Patna
Decided on: Mar-13-2007
Rekha Kumari, J.1. This appeal by the State of Bihar is directed against the judgment dated 11.1.1988 passed by Shri Anirudh Prasad Choudhary, 2nd Additional Sessions Judge, Madhepura in Sessions Trial No. 43 of 1981 by which he has acquitted all the respondents of the charges framed against them. There were three more respondents in the appeal, namely, Liyakat Mian, Sheo Nandan Yadav and Nandi Lal Yadav, who died during the pendency of this appeal.2. The prosecution case, as it appears from the Fardbeyan (Ext. 4) of the informant Chhedi Mian, is that on 3.11.1979 at about 8.00 A.M. after taking food the informant along with his cousin Suleman Mian (deceased) set out together from their house. The informant had to go to Methai Bazar and Suleman Mian had to go to Saharsa. At about 8.15 A.M. when they were passing by the side of the Banswari (bamboo clump) of Mohammad Mian, about 15-20 persons including the respondents came out from the Banswari armed with Lathi, Garassa and dagger and ...
Bibi Ambeya Khatoon Vs. State of Bihar and ors.
Court: Patna
Decided on: Mar-12-2007
J.N. Bhatt, C.J.1. By this writ petition under Articles 226 and 227 of the Constitution of India, the petitioner has challenged the order dated 9.2.1987, recorded by the Additional Member, Board of Revenue, Bihar, Patna, (respondent No. 2) in Board Revision No. 321 of 1986, contained in Annexure 3 to the petition, as well as the order dated 26.2.1986, recorded by the Collector, West Champaran (respondent No. 3) in R.A. No. 64 of 1980-81, contained in Annexure 2, whereby respondent Nos. 2 and 3, both the revenue authorities, allowed the application of pre-emption filed on behalf of respondent No. 5 Sk. Basir Alam.2. This Court has been addressed at great length by the learned Counsels appearing for the parties. A plain conspectus of the facts relevant and material for the purpose is, dispassionately examined. The orders impugned are also considered and examined. The relevant proposition of law is, also, kept in mind while considering the merit of this writ petition.3. A skeleton projec...
Dilip Kumar and Awadhesh Prasad Yadav Vs. the State of Bihar
Court: Patna
Decided on: Mar-09-2007
Abhijit Sinha, J.1. The appeal was initially preferred by the two appellants herein and one Anand Prasad Yadav, the brother of appellant No. 1 and son of appellant No. 2, but as he expired during the pendency of the appeal his name was deleted from the Memo of Appeal and the appeal is now being pursued by the two appellants abovenamed.2. This appeal at the Instance of the three appellants is directed against the Judgment of conviction and order of sentence dated 30.07.03 passed by Sri Chandra Shekhar Sharma, Presiding Officer, Additional Court I, Patna, Adhoc Sessions Judge, Fast Track Court I, Patna in Sessions Trial No. 98/137 of 1993/2001 arising out of Chowk P.S. Case No. 8/89. By the aforesaid Judgment and order appellants, Dilip Kumar and Awadhesh Prasad Yadav, were convicted under Section 307/34 of Indian Penal Code and each of them were sentenced to undergo rigorous imprisonment for a period of five years each and appellant, Dilip Kumar, was further convicted under Section 379...
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