Patna Court June 2008 Judgments
Raja Parikshit Alias Raja Pariksheet Kumar Vs. Bank of Baroda and ors.
Court: Patna
Decided on: Jun-24-2008
1. We heard the counsel for the parties.2. Respondent Nos. 4 to 6 (for short 'the borrower') filed a writ petition before this Court challenging the auction sale dated 11-11 -2006 in favour of the present appellant (for short 'the auction purchaser') made by respondent Nos. 1 to 3 (for short 'the bank'). The auction sale was challenged on various grounds, inter alia, that it was in contravention of the interim order dated 11-9-2006 passed by this Court. The Single Judge was persuaded by the submission and held that the auction sale was bad in law.3. Two relevant facts may be noticed here immediately; (i) that subsequent to the filing of the present appeal, the auction purchaser has withdrawn the purchase price from the bank and (ii) that pursuant to the interim order passed by this Court on 7-5-2008, a sum of Rupees thirteen lacs has been deposited by the borrower with the bank. One more fact that is important to be noticed here is that pursuant to the order dated 11-9-2006 passed by ...
Tag this Judgment!Abu Horera Vs. State of Bihar and anr.
Court: Patna
Decided on: Jun-24-2008
Abhijit Sinha, J.1. The petitioner has prayed for the quashing of the order dated 20.8.2004 passed by the learned Sub-Divisional Judicial Magistrate, Purnia, in Complaint Case No. CA 1465 of 2002 whereby he has taken cognizance of the offences under Sections 498A, 406 I.P.C. as also the order dated 3.3.2005 passed by the Sessions Judge, Purnia, in Cr. Revision No. 310 of 2004 whereby he has dismissed the Cr. Revision against the order dated 20.8.2004.2. One Bibi Zaheeda, the complainant, impleaded herein as O.P. No. 2, filed the aforesaid complaint inter alia stating that she had been married to the petitioner, Abu Horera some 17-18 years back and went to her sasural where the initial period of married life was spent in bliss. However, it is alleged that after the birth of a female child, she was subjected to torture and relegated to the position of a maid servant. She was also pressurized to bring Rs. 25, 000/- from her father for the marriage of the daughter. It is alleged that thre...
Tag this Judgment!Syed Hassan Francis Imam Vs. the Muzaffarpur Properties Pvt. Ltd.
Court: Patna
Decided on: Jun-24-2008
S.N. Hussain, J.1. All the aforesaid three civil revisions were heard together and are being decided by this common order as they arise out of the same suit bearing Title Suit No. 262 of 1991 and all the revisions have been filed by the same person, namely Syed Hassan Francis Imam, who is plaintiff No. 2 in the suit, challenging different parts of the same impugned order dated 06.06.2005 passed by learned 7th Subordinate Judge, Patna.2. The aforesaid suit was originally filed by one Shamim Amna Imam, daughter of late Syed Mehdi Imam against only defendant-opposite parties No. 1 and 2 claiming that the suit property, generally known as 'Shantiniketan' (holding No. 542) over 23 kathas of land surrounded by boundary wall situated at Frazer Road, P.S. Kotwali, Town and District Patna, originally belonged to her grand father late Syed Hassan Imam, who dedicated it along with his other properties to waqf-alal-aulad by Waqfnama dated 28.04.1931 and, thereafter, it was registered as a Waqf. A...
Tag this Judgment!Rational Committee of Homeopathies and ors. and Dr. Nitya Kaushal Sinh ...
Court: Patna
Decided on: Jun-24-2008
Navaniti Prasad Singh, J.CWJC No. 5795 of 2007 : Rational Committee of Homoeopathies and Ors. v. State of Bihar and Ors.1. In this writ application, the Committee of Homoeopathies and some of its members who are all holding Diplomas in Homoeopathic Medicine and Surgery (DHMS) have challenged the advertisement issued by the respondent-Udhmita Vikas Sansthan established as a part of National Rural Health Programme for appointment of Homoeopathic/Ayurvedic/Unani Doctors on contract basis in which so far as Homoeopathies are concerned, the educational qualification, eligibility has been set as Bachelor in Homoeopathic Medicine and Surgery (BHMS) or its equivalent degree. The submission of petitioners is that though the Diploma holders in Homoeopathic Medicine and Surgery (DHMS) are qualified to practice as Homoeopath, by reason of the said advertisement, they are not eligible and the exclusion thereof is arbitrary and unwarranted denying equal opportunity of employment under State to all....
Tag this Judgment!Deepak Kumar Vs. Bihar State Credit and Investment
Court: Patna
Decided on: Jun-23-2008
Ramesh Kumar Datta, J.1. Heard learned Counsel for the petitioner and learned Counsel for the Bihar State Credit and Investment Corporation Limited.2. The petitioner has approached this Court for a direction upon the respondent-Bihar State Credit and Investment Corporation Limited in short BICICO) to produce the resolution dated 12-12-2006 of the Board of Directors of BICICO by which it has been resolved to conduct a fresh valuation of the assets of M/s. Ambuja Electrocastings Pvt. Ltd. and to readvertise the unit for sale and then issue a writ of certiorari for quashing the resolution dated 12-12-2006 of the Board of Directors. Further prayer of the petitioner is to quash the letter dated 22-1-2007 (Annexure-8) issued by the Deputy Manager, BICICO (respondent No. 2) through which the petitioner has been informed about the rejection of his re-offer for the purchase of assets of M/s. Ambuja Electrocastings Ltd., on an enhanced consideration amount of Rs. 49.11 lakhs and also for a dir...
Tag this Judgment!Naresh Ram Vs. State of Bihar
Court: Patna
Decided on: Jun-16-2008
V.N. Sinha, J.1. Heard learned Counsel for the petitioner and the State.2. This criminal revision application is directed against the order dated 6.5.2008 whereunder the Sub-Divisional Judicial Magistrate, Lakhisarai has refused to release the petitioner on bail in the light of the provisions contained in proviso to Sub-section (2) of Section 167 of the Code of Criminal Procedure. The validity of the said order has been challenged on the ground that after expiry of the statutory period of ninety days with effect from the date of remand i.e. 5.2.2008 on account of failure of the prosecution to file charge-sheet, petitioner applied for grant of compulsive bail on 6.5.2008 in terms of proviso to Sub-section (2) of Section 167 Cr.P.C., which application was allowed under orders dated 6.5.2008 itself directing the petitioner to furnish bail bonds of Rs. 7,000/-(Seven thousand) with two sureties of the like amount. Copy of the said order was, however, also forwarded to the Superintendent of...
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