Patna Court January 2008 Judgments
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Ashok Kumar Singh Vs. the State of Bihar and anr.
Court: Patna
Decided on: Jan-22-2008
Abhijit Sinha, J.1. The petitioner who happens to be the complainant of Complaint Case No. 53 of 2007 is aggrieved by the order dated 12.3.2007 passed by the learned Sessions Judge, Gaya in Criminal Revision No. 34 of 2007 whereby he was pleased to dismiss the revision preferred by the petitioner against the order dated 9.2.2007 passed by the learned Chief Judicial Magistrate, Gaya in Complaint Case No. 53 of 2007 whereby he has dismissed the complaint for non prosecution.Although the sole accused impleaded as O.P. No. 2 herein was duly noticed, he chose not to appear to contest this application.2. It appears that the petitioner herein filed the aforesaid complaint case on 12.1.2007 alleging commission of offence under Sections 406, 420 I.P.C. and 138 of the Negotiable Instruments Act and the first date fixed in the said case was 13.1.2007 on which date the complainant could not attend court due to the illness of his father and 24.1.2007 was fixed as the next date. On 24.1.2007 the co...
Amar Jyoti Vs. State of Bihar and anr.
Court: Patna
Decided on: Jan-22-2008
Abhijit Sinha, J.1. This application by one of the accused of Nawadah Town P.S. Case No. 182 of 2006 arising out of Complaint Case No. 777 of 2005 has been filed for quashing of the order dated 27.12.2005 passed by the learned Chief Judicial Magistrate, Nawadah whereby the Indemnity bond of the Opposite Party No. 2 herein was accepted and the seized Maruti Esteem Car bearing Registration No. D2-4CD-3523 was allegedly in a wrong and illegal manner handed over to O.P. No. 2 herein.2. The facts of the case may be noticed with brevity. Opposite Party No. 2 herein, Ranjit Kumar, filed the aforesaid complaint case on 5.8.2005 inter alia stating that he lived as a tenant in the house of the accused persons who were uncle and nephew by relationship and a cordial relationship of faith and trust in each other had developed. It is alleged that on 16.7.2005 he had purchased a Maruti Esteem Car from one K.S. Shethi in Delhi bearing Engine No. 0506433, Chasis No. 306399, Model-1995 and he had conve...
Rajendra Singh (Yadava) Vs. State of Bihar
Court: Patna
Decided on: Jan-22-2008
Shyam Kishore Sharma, J.1. No body is appearing on behalf of the appellant on repeated calls. Mr. Gauri Shanker Thakur has appeared and submitted that he is ready to assist the court on behalf of the appellant as Amicus Curiae.Learned APP has not opposed his submission. Accordingly, Mr. Gauri Shanker thakur is appointed as Amicus Curiae to assist the Court.2. The appellant has preferred this appeal against the judgment of conviction and order of sentence dated 21st June, 1993 passed by the Ist Additional Sessions Judge, Bhojpur, Arrah in Sessions Trial No. 8 of 1985 whereby the appellant was found guilty and convicted under Section 307 IPC and was sentenced to undergo R.I. for 10 years and further found guilty under Section 27 of the Arms act and was sentenced to undergo R.I. for 2 years. Besides this the appellant was further sentenced to pay fine of Rs. 300/- for the offence under Section 307 IPC and in default of payment to undergo further R.I. for three months.3. The prosecution c...
Raj Kishor Shukla Vs. Banwari Yadav and ors.
Court: Patna
Decided on: Jan-22-2008
Rajesh Balia, C.J. and Barin Ghosh, J.1. Heard learned Counsel for the parties.2. This appeal is directed against the order of the learned Single Judge dated 16th August, 2007 allowing the writ application filed by the respondent in an election matter. The appellant has contested the election of the Mukhiya from Gram Panchayat Raj Haradiya, under the Bhore Block, District Gopalganj. He has lost the election and respondent-petitioner was declared elected by the Returning Officer on 15.6.2006 by 15 votes. The appellant had moved on 16th June, 2006 an application before the Returning Officer for recounting. The application addressed to the Returning Officer for recounting reads as under:lsok esa] Jheku~ iz[k.M fuokZph inkf/kdkjh Hkksjs xksikyxatfo'k;%& iquZerx.kuk djkus ds laca/k esa Aegk'k;] uez fuosnu iwoZd dguk gS fd eS izR;k'kh & jktfd'kksj 'kqDyk iapk;r jkt gjfn;k {ks0 la0& 03 iz[k.M Hkksjs ls eqf[k;k in ls pquko yM+k Fkk ftldh erx.kuk fnukad 15&6&06 dks lEiUu gqbZ @ ftles eS ek= ...
Sudarshan Chaudhary and ors. Vs. the State of Bihar and ors.
Court: Patna
Decided on: Jan-22-2008
Navin Sinha , J.1. A Bench of this Court in CWJC No. 13060 of 2005 was considering the challenge to orders of transfer by the two petitioners therein. The orders of transfer with regard to the two petitioners were on separate documents in their individual names though of the same date. The Bench questioned the maintainability of one composite application by them when their cause of action was individual based on different and distinct documents.2. Pursuant to the same, the stamp reporter, in some cases has been pointing out the need for separate writ applications by the petitioners while in some the defect for additional court fees is being pointed out. It is submitted at the Bar that this is creating an anomalous position and there does not appear to be any consistency in the stamp reports.3. A Division Bench of this Court in 1998(2) PLJR 765 (Smt. Krishna Pati Devi and Ors. v. The State of Bihar and Ors.) ruled at paragraph 4 as follows:4. Having heard counsel and going through the ...
Nandu Sharma Vs. State of Bihar
Court: Patna
Decided on: Jan-22-2008
Kishore Kumar Mandal, J.1. All the three appeals arise out of and are directed against the judgment and order, dated 31st March, 2007, passed by the Additional District and Sessions Judge IX, Patna in Sessions Case No. 75/02 and, as such, they have been heard together and are being disposed of by this common judgment. In each appeal there is only one appellant.2. Appellant Nandu Sharma (Cr. Appeal No. 514/2007) has been convicted and sentenced to undergo simultaneously seven years R.I. and a fine of Rs. 50,000/- and in default whereof to undergo six months R.I. for committing the offences punishable under Section 21(b) of Narcotics Drugs and Psychotropic Substances Act 1985 (for short NDPS Act) and 25 of the NDPS Act. The appellant, Krishna Bhagwan Sharma (Cr. Appeal No. 516/2007) and appellant Ram Babu Sharma (Cr. Appeal No. 515/2007) have been found guilty and each of them sentenced simultaneously to undergo R.I. for ten years and were imposed a fine of Rs. one lac and in default wh...
Tirhut Dugdh Utpadak Sahkari Sangh Ltd. and anr. Vs. Oriental Insuranc ...
Court: Patna
Decided on: Jan-21-2008
Navaniti Pd. Singh, J.1. Heard.2. The petitioner-Co-operative Society approached by the Oriental Insurance Company Limited, a subsidiary of General Insurance Corporation of India, a Govt. of India undertaking, now wholly owned Govt. of India Company, for subscribing to the Janta Personal Accident Insurance Policy of the Company for its employees. The petitioner-Co-operative was given to understand that on payment of lump sum premium in relation to its disclosed employees, the employees of the petitioner-Co-operative would be covered risk against certain events for a period of ten years. The premium was a one time premium in respect of all the disclosed employees but the policy was to operate for a period of ten years. Petitioner agreed to subscribe to the said policy and paid a lump sum premium for ten years coverage. They were then issued the policy bond and certificate, which contain the conditions of the policy, the relevant part thereof has been annexed by the petitioners as Annex...
Pinki Devi Vs. the State of Bihar and ors.
Court: Patna
Decided on: Jan-21-2008
V.N. Sinha, J. 1. Heard Learned Counsel for the parties.2. Petitioner claims herself to be the registered owner of the vehicle, bearing Registration No. BR 33A-8201, which was initially the subject matter of a hire purchase agreement dated 1.9.2001 executed by and between M/s Shrachi Securities Ltd. through its Managing Director, Respondent No. 8 and Smt. Ranjana Poddar, Respondent No. 10.3. It is submitted on her behalf that she purchased the vehicle from Respondent No. 10 under sale letter dated 11.9.2006, Annexure-1 for Rs. 1,01,000/- as prior thereto hire purchase agreement stood terminated as would appear from the no objection certificate dated 24.9.2004, Annexure-2 to this application issued by the financier in favour of the hirer/first registered owner of the vehicle in question on the basis of which and the sale letter, the transport authorities even transferred and registered the vehicle in the name of the petitioner as would be evident from the endorsement made in the owner...
Bishambhar Narayan Choudhary and ors. Vs. Manabendra Narayan Choudhary ...
Court: Patna
Decided on: Jan-21-2008
S.N. Hussain, J.1. Heard learned Counsel for the petitioners and learned Counsel for opposite parties No. 1 to 6 and 8. The names of opposite parties No. 9 to 20 have already been deleted on the order of this Court dated 10-8-2007. Furthermore, the name of opposite party No. 7 has already been expunged on the order of this Court as he had died.2. This Civil Revision has been filed on behalf of defendant-appellant-petitioners challenging that part of order dated 16-12-2004, by which the learned Additional District Judge, Fast Track Court-II, Darbhanga directed the defendant-appellant-petitioners to file proper court-fees In Title Appeal No. 15 of 2000.3. Mortgage Suit No. 130 of 1961 was filed by the father of opposite parties first set for redemption of mortgage and recovery of Rs. 49.406.50Ps. from the defendants including the petitioners along with Interest. The said suit was decreed by the learned Subordinate Judge-III, Darbhanga, byjudg-ment and decree dated 2-3-1996 and the defen...
Suggi Devi and ors. Vs. State of Bihar and ors.
Court: Patna
Decided on: Jan-21-2008
Navaniti Prasad Singh, J.1. The thirty four writ petitioners have filed the writ petition originally for a direction to the respondent-General Insurance Company Limited for paying the insurance dues to the petitioners on failure of their agricultural crop. Petitioners are agriculturists. They had taken loans from the Siwan Central Cooperative Bank, Tarwana Branch, Siwan. The Bank was required to take a crop insurance policy in favour of the petitioners. The respondent-Insurance Company filed a counter affidavit stating that the crops of the petitioners were never insured with them as no premium whatsoever was deposited by the Bank in their account. They submit that accordingly they have no liability in the matter. The petitioners then pray that the Cooperative Bank was under an obligation to get the insurance done. Having failed to do so, they are now liable to compensate the petitioners by writing off the loans to the extent of insurance liability which they would have otherwise got ...
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