Patna Court May 2008 Judgments
Ramchandra Singh and ors. Vs. State of Bihar and anr.
Court: Patna
Decided on: May-16-2008
Abhijit Sinha, J.This application by the three petitioners who have been arrayed as accused in Complaint Case No. 699(C) of 2005 is for the quashing of the order dated 22.7.2006 passed therein by Sri Satyendra Singh, Judicial Magistrate, First Class, Buxar, whereby he has taken cognizance under Sections-420, 120B I.P.C against the petitioners.1. The Complainant, one Udhari Singh, impleaded herein as Opp.Party No. 2, filed the aforesaid complaint, inter alia, alleging the commission of the offences of cheating and criminal breach of trust. According to the recital in the complaint, accused No. 3, Muneshwari Devi is aunt of the complainant and she on 10.10.2004 executed a mahadnama, in favour of the wife of the complainant in lieu whereof a sum of Rs. 50,000/- was paid to her in presence of witnesses and the balance amount was agreed to be paid after execution of the sale deed. It was disclosed that accused No. 1, Ramchandra Singh, and accused No. 2, Munji Singh, were respectively the b...
Tag this Judgment!Lal Babu Chaudhary and anr. Vs. State of Bihar and anr.
Court: Patna
Decided on: May-16-2008
Abhijit Sinha, J.1. The two petitioners who were named as accused in Complaint Case No. 896 of 2001 giving rise to Alamganj P.S. Case No. 10 of 2002 registered under Sections 420/467/468/471/120(B)/34 I.P.C. have prayed for the quashing of the order dated 27.11.2006 passed therein by the learned Additional Chief Judicial Magistrate, Patna City, whereunder he has taken cognizance of those offences against the petitioners.2. According to Nagendra Prasad Chaudhary, the complainant, impleaded herein as O.P. No. 2, his marriage with petitioner No. 2, Saroj Kumari alias Anita Devi, the daughter of petitioner No. 1, Lal Babu Chaudhary, was solemnized in the year 1987 but she could live for 15 days only in her matrimonial home whereafter she returned to her parental home and notwithstanding several attempts by him to bring her back, the accused persons refused to let her return back on the pretext that the daughter was not ready to live with an illiterate man and that she would be married els...
Tag this Judgment!Shambhu Nath Jha and ors. Vs. State of Bihar and anr.
Court: Patna
Decided on: May-16-2008
Abhijit Sinha, J.1. The petitioners who have been impleaded as accused in Complaint Case No. 237(C) 95 are aggrieved by order dated 6.4.2005 passed by Sri M. Sahu, Additional Sessions Judge, Patna, in Criminal Revision No. 963 of 2001 by which the revision application of the petitioners has been dismissed as a result of which the order dated 5.11.2001 passed by the learned Sub Divisional Judicial Magistrate, Patna',in the aforesaid complaint case rejecting the petitioners' prayer for discharge under Section 245 Cr.P.C. has been approved and a prayer has been made for quashing of both the orders.2. According to the complainant , impleaded herein as O.P. No. 2, she had obtained her B.A. degree in Sociology with Honours and completed a Computer Course whereupon her parents negotiated for her marriage with petitioner No. 3 herein who along with his parents had represented himself as a Intermediate in Chartered Accountancy and had appeared at the final C.A. Examination and on that basis th...
Tag this Judgment!Veena Devi Kataruka Vs. National Insurance Company Ltd.
Court: Bihar State Consumer Disputes Redressal Commission SCDRC Patna
Decided on: May-15-2008
P.N. Yadav, President: 1. Veena Devi Kataruka one of the partners of the firm being run and managed in the name and style of M/s. National Agro-Chemicals preferred the instant consumer complaint seeking relief of making a direction to the members of the opposite parties who are the officers of the National Insurance Company to pay to her a total sum of Rs. 15,83,306 towards loss sustained on account of fire breaking out in the insured firm, interest on the amount of loss claimed compensation for mental agony and physical harassment which she was put to in consequence of negligence and deficiency in service on the part of the Insurance Company and litigation and miscellaneous cost. 2. The complainant obtained an insurance fire policy vide policy No. 170803/3101219/97 for the period with effect from 28.11.1997 to 27.11.1998. The insurance policy covered stock of raw materials, finished goods and packing materials for a sum of Rs. 15 lacs. The aforesaid stock was hypothecated to the State...
Tag this Judgment!Rawatsons Engineers (P) Ltd. Vs. the Union of India (Uoi) and ors.
Court: Patna
Decided on: May-14-2008
Navaniti Prasad Singh, J.1. With the consent of the parties this Writ application is being disposed of at the stage of admission itself as counter affidavit has been filed on behalf of the concerned Railway and rejoinder thereto filed. Pleadings are completed.2. Heard the parties.3. The challenge in this Writ application is to the communication dated 24.3.2008 of the East Central Railway under the signature of Senior Divisional Engineer (2), East Railway, Danapur directing the petitioner to abide by the instructions issued to commence the work, deposit performance guarantee and execute the agreement within seven days, failing which action as provided under Clause 62 of the General Conditions of Contract, 2001, to terminate the contract and get it completed and other actions would be taken against the petitioner. The other actions which are contemplated are forfeitures of earnest money and other punitive action. This communication is Annexure 1 to the Writ application.4. Mr. Rajiv Kuma...
Tag this Judgment!State of Bihar and ors. Vs. Radhey Shayam Prasad Singh
Court: Patna
Decided on: May-13-2008
Shiva Kirti Singh and J.N. Singh, JJ.1. Heard learned Counsel for the appellant/State of Bihar and learned Counsel for the respondent/employee.The writ petitioner (respondent herein) was awarded certain punishments in a disciplinary proceeding under Rule 55-A of the Civil Services (Classification/Control and Appeal) Rules, 1930. The writ Court has allowed the writ petition and quashed the order of punishment after noticing that in the order of punishment it is indicated that punishment was being imposed on account of irregularity in the matter of earth work as reported by the Flying Squad in respect of particular Division in the year 1985-86-87 and after further noticing that undisputedly while posted at Konar Canal Sub-division No. 1, Bagodar the petitioner had never conducted or supervised any earth work.2. Even in the Letters Patent Appeal in paragraph-7 it is admitted that the charge in respect of the writ petitioner was connected with tiles work and not earth work.3. In paragraph...
Tag this Judgment!Bikrama Tiwary, Vs. the State of Bihar
Court: Patna
Decided on: May-12-2008
Mridula Mishra and Shailesh Kumar Sinha, JJ. 1. All four appellants have been convicted under Section 302/34 of the Indian Penal Code by judgment and order passed by Sri Shashi Kumar Chaudhary, 3rd Additional Sessions Judge, East Champaran at Motihari in Session Trial No. 134 of 1985/221 of 1988 and sentenced to under go rigorous imprisonment for life. Appellant Nos. 1, 2 and 3 are sons of appellant No. 4 Uday Tiwari.2. Prosecution case as disclosed in the fard beyan dated 28.2.1983 of Meghu Sahani (P.W.4) the informant of the case is that on that very date he along with his brothers Dahari Sahani (deceased) and Chhathu Sahani (P.W.6) had gone to Ekdarwa Kanta for getting Chalan for sugar cane. They had gone to Ekdarwa at 5 P.M. in the evening and waited for chalan till 10 'O Clock in the night but did not get the chalan. They were returning to their home and on way when they reached adjacent to the house of Rajdeo Choubey suddenly from the house of Rajdeo Choubey accused Bikrama Tiwa...
Tag this Judgment!The State of Bihar Vs. Bahadur Yadav
Court: Patna
Decided on: May-09-2008
Mridula Mishra, J.1. Death Reference No. 2 of 2006 has been heard analogous with Criminal Appeal No. 111 of 2006 (Medi Paswan v. The State of Bihar), Criminal Appeal No. 167 of 2007 (Ram Bilash Mandal v. The State of Bihar) and Criminal Appeal No. 179 of 2006 (Bahadur Yadav and Anr. v. The State of Bihar) and are being disposed of by a common judgment and order.2. The Death Reference is for confirmation of judgment and order, dated 09.01.2006, passed by the Additional Sessions Judge, Fast Track Court, III, Bhagalpur, in Sessions Case No. 149 of 1998, whereby Bahadur Yadav, appellant No. 1, of Criminal Appeal No. 179 of 2006 has been convicted under Sections 302/34 and 379 of the Indian Penal Code and sentenced to death punishment. He is ordered to be hanged by neck till death under Section 302/34 of the Indian Penal Code. Against same impugned judgment, Appeals have been filed by appellants, Bahadur Yadav, Arbind Kumar Rai, Ram Bilash Mandal and Medi Paswan. Appellants, Arbind Kumar R...
Tag this Judgment!Prithwi Chand Gupta Vs. the State of Bihar and ors.
Court: Patna
Decided on: May-08-2008
Samarendra Pratap Singh, J.1. Heard the learned Counsel for the parties.2. In the instant writ application the petitioner prays for issuance of an appropriate direction for grant of police protection for the safety of his life and his landed property measuring 5 bighas 6 kathas and 14 dhurs of land situated in Mallahi Tola, P.S. Thakraha, District-Bagaha, West Champaran, and for initiating a proceeding against the respondents for unnecessary harassment.3. Learned Counsel for the petitioner submits that a Title Suit No. 1226 of 1916/17 was filed by Late Rajpat Sah against Anurag Mallah before Additional Munsif, Motihari, the ancestor of private respondent In 1917 the suit was decreed. In 1918 Execution Case No. 370 of 1918 and 34 of 1919 was filed. The execution case led to the auction of 5 bighas 8 kathas 14 dhurs of the land in question which was purchased by the decree holder. It is asserted that the decree holder got title and possession over the same and got his name mutated in Be...
Tag this Judgment!Swamy Dayanand Arya (B.Ed.) Teachers Training College Vs. the State of ...
Court: Patna
Decided on: May-07-2008
V.N. Sinha, J.1. Heard learned Counsel for the petitioner and the Magadh University.2. Swamy Dayanand Arya (B.Ed.) Teachers Training College, Bikram, Patna (hereinafter referred to as the College) was recommended by the Affiliation Committee of the University on 1.12.1998 for being affiliated with the University and the recommendations under the signature of the Vice-Chancellor and Inspector of Colleges of the University is contained in Annexure-10 to this application. Whereafter the Registrar of the University under memo No. 373(A) dated 18.2.1999 as contained in Annexure-11 to this application taking note of the fact that the College has become an affiliated unit of the University informed the Assistant Registrar, that the College be registered for B.Ed, course for the Sessions 1992-93 to 1996-97 with intake capacity of 150 students in each Session. Copy of the said order was also marked to the Secretary of the College. Later the Registrar even informed the Additional Controller of ...
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