Patna Court September 2007 Judgments
State of Bihar Vs. Lalu Prasad and ors.
Court: Patna
Decided on: Sep-20-2007
Ramesh Kumar Datta, J.1. The present Government appeal has been filed under Section 378 of the Code of Criminal Procedure by the State of Bihar against the Judgment and order of acquittal dated 18.12.2006 passed by Shri Munni Lal Paswan. Special Judge, CBI (AHD). Patna in Special Case No. 5 of 1998 by which the learned Special Judge has acquitted both the accused Dersons on the charge of possessing assets disproportionate to the known sources Of ihcoma so far as the respondent No. 1 is concerned and on the charge of abetting the same with resosct to respondent No. 2. The charges had been framed under Section 13(1)(e) read with Section 13(2) of the Prevention of Corruption Act, 1988 against the respondent No. 1. Lalu Prasad Yadav and under Section 109 of the Indian Penal Code read with Section 13(1)(e) read with Section 13(2) of the Prevention of Corruption Act, 1988 against respondent No. 2. Smt. Rabri Devi.2. After hearing learned Counsel for the appellant and learned Counsel for the...
Tag this Judgment!Tarsim Singh Vs. the Union of India (Uoi)
Court: Patna
Decided on: Sep-20-2007
Ghanshyam Prasad, J.1. This application has been filed to quash the order dated 30.4.2007 passed by IX Addl. Sessions Judge. Muzaffarpur in Trial No. 43 of 2007 thereby the learned Additional Sessions Judge has issued processes against the petitioner under Section 319 Cr.P.C. to face trial alongwith the accused persons.2. It appears that on 13.2.2004, the personnel's of D.R.I. Muzaffarpur a arrested two persons, namely. Somnath and Sarjeet alongwith 220 kgms. of POPPV husk/straw kept in false cavity made in truck bearing No. PB-08L-9396. Accordingly, after enquiry and meeting of other formalities, complaint was filed against both of them under provisions of N.D.P.S. Act. After cognizance, both were put on trial. In course of trial, before charge, the prosecution examined two witnesses, namely. P.W.1, Rajesh Kumar Srivastava and P.W.2. Munarik Ram. Thereafter, the prosecution filed a petition dated 12.9.2006 to add the petitioner as additional accused, being owner of the truck in quest...
Tag this Judgment!Balbir Prasad Bagish and ors. Vs. State of Bihar and ors.
Court: Patna
Decided on: Sep-19-2007
Madhavendra Saran, J.1. This application under Section 482 of the Code of Criminal Procedure (in short as Code) has been filed for quashing the order dated 25-9-2002 passed by Sri Sanjay Kumar Sinha, Judicial Magistrate, 1st Class, Hajipur, Vaishali in complaint case No. 37/ 2002 corresponding to Tr. No 259/2005 whereby and whereunder he took cognizance under Sections 379, 323, 447, 504 of the I. P. C. and directed for issuance of summons against the petitioners.2. The case of O. P. No. 2/complainant, in short, is that complainant Shashi Bhushan Singh filed a petition of complaint on 5-1-2002 in the Court of C. J. M., Vaishali at Hajipur alleging therein that on 24-12-2001 at about 2.30 p.m. he had gone to the house of Dr. R. B. Gupta for medical check up and also to see his generator set. He was waiting there. In the meantime, the petitioners in a group of 8-10 persons arrived there and began to search Dr. R. B. Gupta. They also started abusing the doctor in filthy language. The com...
Tag this Judgment!Niit Ltd. Vs. Bihar State Electronics Development Corporation Limited ...
Court: Patna
Decided on: Sep-19-2007
1. Heard counsel for the parties.2. This Letters Patent Appeal is directed against order dated 3.7.2007 passed by a learned single Judge of this Court in C.W.J.C. No. 4333 of 2007, whereby and whereunder the writ application filed by the appellant was dismissed holding that the appellant could not make out any ground for setting aside the decision taken by the evaluation committee dated 1.3.2007 awarding contract work to respondent No. 5 M/s Teledata Informatics Limited being the lowest bidder.3. The Bihar State Electronics Development Corporation (hereinafter to be referred to as 'BSEDC') a State undertaking in furtherance of execution of its scheme to implement the computer education programme in Government Schools/Government Aided Schools decided to carry out the ICT School Project in 1000 of such schools in first phase. The entire financial requirement was to be made under the joint collaboration of Central Government and the State Government in ratio of 3:1 i.e. 75% cost to be in...
Tag this Judgment!The State of Bihar and ors. Vs. National Project Construction Corporat ...
Court: Patna
Decided on: Sep-19-2007
1. Heard counsel for the parties.2. Both these Letters Patent Appeals have been filed against order dated 21.12.2006 passed by a learned single Judge of this Court in C.W.J.C. No. 12197 of 2006, and, accordingly, these appeals were heard together and are being disposed of by this order.3. The matter relates to grant of a contract work. The State of Bihar decided to set up an Institute of Technology as premier Institute at Chapra to be named as Lok Nayak Jai Prakash Narayan Institute of Technology. The entire project was divided into thirteen building projects and tenders were floated in the year 2004 for a total estimated construction cost of about rupees thirty crores. However, nothing could materialise. Thereafter notice in tender matter for the same scheme was again issued on 7.5.2005, but before tenders were accepted the State of Bihar was put under President Rule. Under the President Rule the Chief Secretary of the State of Bihar sought for permission from the Governor of Bihar t...
Tag this Judgment!Chhabi Sinha Vs. the State of Bihar and ors.
Court: Patna
Decided on: Sep-19-2007
Mihir Kumar Jha, J.1. Heard Counsel for the parties.2. The petitioner is aggrieved by the order, dated 17.10.2006 passed in Criminal Revision No. 40 of 2006 whereby and whereunder the revisional Court has set aside the order, dated 16.07.2005 passed by the Sub-Divisional Magistrate, Sadar Bhagalpur in Misc. Case No. 1377 of 2004 under Section 133 of the Code of Criminal Procedure.3. The petitioner on his own showing is the Second Party in the 133 proceeding which was initiated on an application of the Opposite Party No. 2 and consigned by order, dated 16.07.2005 by the Sub-Divisional Magistrate, Bhagalpur on the ground that the Opposite Party No. 2, the first party was continuously absent. Against the said order, dated 16.07.2005, the Opposite Party No. 2 had preferred a revision before the Sessions Judge, Bhagalpur in Revision Application No. 40 of 2006 which came to be decided by the impugned order, dated 17.10.2006. The revisional Court as indicated above had allowed the revision a...
Tag this Judgment!Enamul Hadwe Vs. State of Bihar and ors.
Court: Patna
Decided on: Sep-19-2007
Navaniti Prasad Singh, J.1. The petitioner is a Mukhiya. He has challenged Annexure-2, a direction given by the Block Development Officer acting as the Executive Officer of the Gram Panchayat directing that as the Mukhiya being an accused in a criminal case is absconding. In his absence, the Upmukhiya would perform the function and duty of Mukhiya. The learned Counsel for the State is present and the learned Counsel for Upmukhiya who has been made a party, has also entered appearance. Parties have been heard and with their consent, this application is being disposed of at the stage of admission itself.2. Gram Panchayat is a form of Local Self-Government. The Panchayat Samiti is the democratic body which exercises the powers and functions as ascribed to the Panchayat Samiti under the Panchayat Raj Act 2006. On behalf of respondents, it is stated that as a consequence of a non-bailable warrant of arrest issued by competent Criminal Court against the Mukhiya, he is absconding. He is evad...
Tag this Judgment!D.K. Engineering and Construction Pvt. Ltd. and Associated Waterways ( ...
Court: Patna
Decided on: Sep-18-2007
Mridula Mishra, J.1. In both the writ applications petitioners have prayed for quashing the order dated 18.7.2007 contained in letter No. 2479 and 2480 issued under the signature of Managing Director of Bihar Rajya Pul Nirman Nigam Ltd. (hereinafter to be referred to as the Nigam) whereby the agreement dated 25.6.2007 signed in between the petitioners and the Senior Project Engineer of the Nigam, have been rescinded, as per the direction of the Chairman of the Nigam, consequent to the discussion, held in the meeting dated 10.7.2007 convened by the Principal Secretary, Road Construction Department. Further prayer of the petitioner is for quashing the notice inviting tender dated 20.7.2007 whereby the work awarded to the petitioners are going to be re-tendered. Prayer is also for restraining the respondents from awarding the contract to any one in pursuance of the notice inviting tender dated 20.7.2007.2. Since reliefs are similar and facts are similar as such both the applications were...
Tag this Judgment!Kumar Sursen Vs. State of Bihar and ors.
Court: Patna
Decided on: Sep-18-2007
Navaniti Prasad Singh, J.1. The petitioner Kumar Sursen, who was then a minor, has petitioned this Court for grant of caste certificate and residential certificate on basis that he was the adopted son of Kamal Prasad Roy and was residing with him at village-Madarpur in the district of Vaishali. This has been refused by the district authorities on the ground that the petitioner was in fact a Muslim boy named Sahadat and is the natural son of Majid Mian and Ayesha Khatoon of village -Gadaisarai in the district of Vaishali. Petitioner asserts that he was taken in adoption by Kamal Prasad Roy. The said Kamal Prasad Roy does not dispute this fact and asserts by his actions and otherwise that he had in fact adopted the said Muslim boy at a very tender age and had been keeping him as his own son. He, accordingly, wanted this boy to have his caste and his residential certificates.Counter-affidavit has been filed and rejoinder thereto has been filed wherein these basic facts are not in dispute...
Tag this Judgment!Amjad Ali and ors. Vs. the State of Bihar and ors.
Court: Patna
Decided on: Sep-17-2007
Mridula Mishra, J.1. As similar question is involved in both the writ applications, they have been heard together and are being disposed of by a common orders.2. Petitioners in both the writ applications are Gazetted officers. They appeared in 36th Combined Competitive Examination conducted by the Bihar public Service Commission (hereinafter to be referred to as 'B.P.S.C.') and succeeded in the written examination and personality test. Their names were recommended for appointment to the post of Deputy Collector/Deputy Superintendent of Police etc. Pursuant to the recommendations they were appointed on different posts and since then they have been working. All on a sudden letter No. 3303 dated 30.4.04, Annexure-1 to C.W.J.C. No. 6027/04, was issued cancelling the appointment of the writ petitioners/similarly situated persons working under the State of Bihar on the basis of the order passed in M.J.C. No. 1938/2000 and L.P.A. No. 692/99. Letter bearing No. 3300 dated 30.4.04.3. Prayer o...
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