Patna Court July 2008 Judgments
The State of Bihar and ors. Vs. Aftab Ahmad
Court: Patna
Decided on: Jul-28-2008
1. The Letters Patent Appeal is admitted.2. In view of the short controversy that has been raised in the appeal, we are satisfied that this appeal deserves to be heard and decided at this stage itself and we proceed accordingly.3. Aftab Ahmad, the present respondent, is employed as an Urdu translator under the Urdu Directorate, Rajbhasha Department, Government of Bihar, Patna. By an order dated 20th June, 2005, he has been transferred from Sarairanjan Block, Samastipur to Madhubani Block in the district of West Champaran. His wife is working as an Assistant Teacher in Girls High School, Samastipur. He made a representation to the concerned authority for his posting at the place his wife was posted. His grievance is that instead of acceding his request, he has been transferred to the Collectorate, Begusarai vide office order dated 30th June, 2006. He challenged the said order by filing writ petition (C.W.J.C. No. 14374 of 2007) before this Court. The Single Judge by his order dated 5th...
Tag this Judgment!Jay Mangal Singh Vs. Bihar State Co-operative Bank Ltd.
Court: Patna
Decided on: Jul-28-2008
Navniti Prasad Singh, J.1. Heard the parties.2. The petitioner Jay Mangal Singh was at the relevant time Secretary of the Ajanta Tel Utpadak Sahyog Samiti Limited, duly registered under the Bihar Co-operative Societies Act, 1935. The Co-operative had taken a loan from Central Co-operative Bank Limited, Aurangabad. Having taken loan, it defaulted in repayment, the consequences, thereof, was that for recovery of outstanding dues a certificate proceeding was initiated against the said Co-operative. While doing so, petitioner was made a party to the certificate proceeding and shown as a certificate debtor. This was done specifically mentioning that the petitioner was the Secretary of the said Co-operative when the loan was granted.3. The Co-operative challenged the proceedings before this Court in the earlier writ petition, which was dismissed. Petitioner has now challenged the proceedings as against him and has submitted that being a Secretary and merely an office bearer of the Co-operat...
Tag this Judgment!Sabnam @ Sabnam Kumari @ Usha Vs. State of Bihar and ors.
Court: Patna
Decided on: Jul-28-2008
Samarendra Pratap Singh, J.1. Heard the learned Counsel for the petitioner and the respondents.2. In the instant writ application the petitioner who is the daughter of the informant has prayed for quashing the F.I.R. of Pipra P.S. Case No. 151 of 2006 dated 24.11.2006.3. The informant Binod Kumar Srivastava alleged that his daughter Sabnam Kumari @ Usha (aged 17 years) was a student of B.A. Ist year in R.P.B. Devi College, Pipra, East Champaran. He further alleged that two persons, namely, Abinash Kumar who was her tutor, along with other miscreants kidnapped his daughter with motive of marriage or to commit such offence.4. The learned Counsel for the petitioner submits that she is above the permissible age limit of marriage. He submits that she had not been forcibly taken away or kidnapped by the F.I.R. accused, Abinash Kumar rather she had moved out with him on her free will and had married. In respect of the same the petitioner has filed an affidavit contained in Annexures-2 and 3....
Tag this Judgment!Satav Infrastructure Pvt. Ltd. Vs. Union of India (Uoi) and ors.
Court: Patna
Decided on: Jul-25-2008
Navaniti Prasad Singh, J.1. Identical dispute is involved in both the writ applications, which have been filed by the same petitioner in respect of two contracts which were awarded to the petitioner. The challenge is to the cancellation of the contract by the respondent Central Public Works Department by identical letters dated 11-1-2008, which is Annexure-16, in the first writ application and Annexure-15, in the second writ application. While cancelling the agreement earnest money of Rs. 48,87,500 and performance guarantee of Rs. 2,52,39,000 in the first case and similar amounts in the second case have been ordered forfeited.2. During pendency of the writ applications fresh advertisements were issued inviting tenders the finalization of which was stayed by interim order of this Court passed on 6-2-2008, Central Public Works Department and its Officials connected with Rashtriya Sam Vikas Yojana (RSVY) have appeared and filed detailed counter-affidavit and rejoinder thereto filed by th...
Tag this Judgment!Mahendra Prasad Vs. the State of Bihar and ors.
Court: Patna
Decided on: Jul-25-2008
Ajay Kumar Tripathi, J.1. Petitioner wants quashing of the order dated 15.9.2006 issued by respondent No. 5 by virtue of which the lease/licence of mining of the petitioner has been brought to an end after expiry of five years, as an action not only arbitrary but de hors the lease agreement contained in annexure-1.2. According to petitioner he entered into a lease agreement between the respondent State of Bihar and him for carrying out mining operation of stones for a period of 10 years vide an agreement dated 13.9.2001. A copy of the agreement has been annexed as Annexure-1 to the writ application as a proof of the said contention. The petitioner has therefore continued to carry out his mining operation in terms of the agreement. He suddenly received a communication dated 15.9.2006 contained in annexure-2 stating that his lease agreement has come to an end on expiry of five years on 12.9.2006. He was directed to surrender the various papers and also deposit the requisite royalty and ...
Tag this Judgment!Ramji Singh Vs. State of Bihar
Court: Patna
Decided on: Jul-25-2008
S.N. Pathak, J.1. This appeal is directed against the judgment dated 7.8.2001 passed by Addl. Sessions Judge XI. Saran at Chapra, in Session trial No. 127/91. The appellant was convicted under Sections 304 and 325 IPC and was sentenced to undergo RI for 10 years and 7 years respectively, both sentences directed to run concurrently.2. The prosecution case originated on the fardbeyan of the deceased, Agin Singh, alleging therein that on 3.3.1991 at about 11 a.m., he was preparing the bundles of 'LAAHI' (Mustard crops) harvested from his field. Suddenly, accused-appellant appeared there and assault d the informant on both of his arms as also on ring finger and on the leg and on the other parts of the body with 'LABDA'. The informant fell down from the impact of the assault and then the appellant aimed knife blow upon the stomach of the deceased and the latter while warding off this blow received an injury upon his left arm. Aforesaid occurrence was witnesses by Radha Mohan Singh and Bach...
Tag this Judgment!Birendra Lal Karan Vs. State of Bihar and anr.
Court: Patna
Decided on: Jul-24-2008
Abhijit Sinha, J.1. This application has been filed for quashing of the order dated 8.6.2005 passed by the learned Additional Sessions Judge, Kishanganj, in Cr. Revision No. 238 of 2003 whereby he has set aside the order dated 2.7.2003 passed by Sri S.K. Mishra, Judicial Magistrate, First Class, Kishanganj, whereunder he had dismissed Complaint Case under the provisions of Section 203 Cr.P.C.2. It appears that one Devendra Lal Dass @ Balak Baba, impleaded herein as O.P. No. 2, submitted a written report before the police alleging inter alia that on 10.8.1999, the petitioner along with a few others had approached him for an urgent loan of Rs. 10,000/- with a promise to repay the same in 10-15 days time and the informant in good faith had handed over a sum of Rs. 8000/- to the petitioner but the loan amount had not been returned till now notwithstanding several reminders therefor.3. On the basis of the said written report Kishanganj P.S. Case No. 30 of 2000 was registered under Sections...
Tag this Judgment!Jokhu Bind Vs. State of Bihar and anr.
Court: Patna
Decided on: Jul-24-2008
Abhijit Sinha, J.1. This application at the instance of one of the F.I.R. named accused of Bhabhua P.S. Case No. 103 of 2006 is for the quashing of the order dated 28.11.2006 passed therein by the learned Chief Judicial Magistrate, Kaimur at Bhabhua, whereby he has taken cognizance against the petitioner also after differing from the final form submitted by the police in favour of the petitioner herein.2. The prosecution case is founded on the fardbeyan of one Birbal Pandey recorded at about 8.00 P.M. on 3.4.2006 at the Sadar Hospital, Bhabhua, and was in respect of an occurrence which allegedly took place earlier evening at around 5 P.M. According to the informant, he having taken paan from the shop of Subhash Bind proceeded towards Sikathi-Ruiya Road and on reaching the same he saw his brother Hemant Pandey being assaulted by the accused persons in front of the house of Janardan Dhobi. As he proceeded to the rescue of his brother he saw Bagedar Bind armed with a katta who on seeing ...
Tag this Judgment!Smt. Pushpa Pandey and ors. Vs. State of Bihar and anr.
Court: Patna
Decided on: Jul-24-2008
Abhijit Sinha, J.1. Three of the F.I.R. named accused of Sasaram (Town) P.S. Case No. 113 of 2005 through this application under Section 482 Cr.P.C. have prayed for the quashing of the entire prosecution case against them including the order dated 10.8.2005 passed therein by the learned Chief Judicial Magistrate, Rohtas at Sasaram whereby he has taken cognizance under Section 304(B)/34 I.P.C. against the petitioners as also the charge sheet dated 9.8.2005 and supplementary charge sheet dated 31.10.2006 on the ground that they are contradictory to the finding of facts in the case diary and supervision note and as such propagating abuse of the process of the courts.2. According to the prosecution case based on the written report submitted by informant Anil Kumar Mishra, impleaded herein as O.P. No. 2, the marriage of his sister, Sangita Devi, was solemnized with Umesh Chandra Tripathi on 30.4.2002 whereat cash and costly items of gifts were given to her in-laws. It is alleged that Sangi...
Tag this Judgment!Kokil Mahto and Arbind Mahto Vs. the State of Bihar
Court: Patna
Decided on: Jul-23-2008
S.K. Katriar and S.M.M. Alam, JJ.1. The two appellants challenge the judgment dated 11.7.1988, passed by the learned Sessions Judge, Begusarai, in Sessions Case No. 480 of 1986 (State of Bihar v. Arbind Mahton and Anr.), whereby they have been convicted under Section 302 read with Section 34, as well as Section 201 of the IPC, and they have been sentenced to undergo imprisonment for life for the offence under Section 302 read with Section 34 of the IPC, and five years rigorous imprisonment under Section 201 of the IPC. Both the sentences have been directed to run concurrently.2. Learned Counsel for the appellants did not appear in spite of repeated calls. We have, therefore, appointed Mrs. Rina Sinha, Advocate, to assist us as Amicus Curiae.3. The fardbeyan (Exhibit-2) of one Sitaram Mahto (P.W.2) was recorded with Begusarai Police Station, wherein it was alleged that his sister, Geeta Devi, was married to appellant No. 2 (Arbind Mahto) about three years ago. Appellant No. 2 is the so...
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