Patna Court November 2009 Judgments

Botari Mukhiya S/O Late Latar Mukhiya Vs. the State of Bihar and ors.

Court: Patna

V.N. Sinha, J.1. Heard learned Counsel for the petitioner, State and the counsel for the Tardih Block Fisherman Self Supporting Co-operative Society Limited (hereinafter referred to as the 'Society).2. Petitioner is the member of the Society, Respondent No. 3. He is aggrieved by the constitution of the Board of Directors of the Society pursuant to elections conducted in the general body meeting of the Society held on 25.11.2007, as is evident from letter dated 27.11.2007, Annexure-2. It is submitted on behalf of the petitioner that earlier the Board of Directors of the Society were elected in the general body meeting held on 01.10.2003 for the period of five years between 06.11.2003 till 05.11.2008 which is evident from Annexures1 and 2 both and according to the petitioner the elections of the Board of Directors of the Society held in the general body meeting of the Society held on 25.11.2007 is contrary to the provisions contained in Sub-clause (2) of Clause 27 of the bye-laws of the ...

Karman Dana and ors. Vasant Talkies, a Partnership Firm Through Its Pa ...

Court: Patna

Ajay Kumar Tripathi, J.1. All the three writ applications have common question of law and fact and therefore they are heard together and are being disposed of by this common order.2. Basic submission on behalf of the petitioners is that there was compounding of taxation which these petitioners ought to pay on the basis of seat capacity which has been fixed by the licensing authority over a period of time. It was found by them that it was not a viable proposition, therefore they wanted to reduce the number of seats as well reduction in the taxation proportionately. Applications came to be made by the petitioners before the District Magistrate, who is the licensing authority and they were on a bona fide believe that the applications will be acted upon and appropriate order will be passed at the shortest possible time. Petitioners took further step in this regard and they filed appropriate applications for reduction or refixation of the taxes under Sub-section (1) of Section 3(B) of the B...

Arun Sah Son of Lutan Sah and Lutan Sah Son of Late Kali Charan Sah Vs ...

Court: Patna

Reported in: 2010(58)BLJR345

Chandra Mohan Prasad and Dharnidhar Jha, JJ.1. This appeal is against the judgment of conviction and order of sentence respectively dated 28th May 2003 and 30th May 2003 of the 5th Additional Sessions Judge, Hajipur passed in Sessions Trial No. 501 of 1996 whereby each of the two appellants has been convicted under Section 302/34 of the Indian Penal Code and sentenced to undergo R.I. for life.2. Appellant Arun Sah is husband and Lutan Sah is father-in-law of the deceased. It has to be mentioned here that Reshma Devi, the mother in-law of the deceased was also an accused in this case, but she died during investigation, hence, charge-sheet was submitted against the present two appellants only and they were put on trial and have been convicted and sentenced, as above.3. The prosecution case, as set forth in the written report dated 24th March 1996 as filed by the informant Shivjee Sah, father of deceased, is that about 15 years ago he had married Sunita Devi, the deceased to the appellant...

Bhubneshwar Sharma Vs. the State of Bihar and ors.

Court: Patna

Navin Sinha, J.1. I.A. No. 6973 of 2009 has been filed challenging the fresh order of punishment dated 8.10.2009 passed during the pendency of the writ application.2. Having heard counsel for the parties, I.A. No. 6973 of 2009 is allowed and the challenge shall form part of the original pleadings.3. Heard learned Counsel for the petitioner and learned Counsel for the State.4. The petitioner was subjected to departmental proceedings on certain allegations of the year 1989.5. The petitioner is aggrieved by the order dated 17.9.2009 passed in pursuance of the orders of this Court in L.P.A. No. 571 of 2008 seeking to explain that the order dated 25.5.2009 was not a fresh proceeding under Rule 43(b) of the Bihar Pension Rules but was a continuation of the earlier departmental proceedings initiated against the petitioner on 24.3.1993. The subsequent order of punishment dated 8.10.2009 is also under challenge.6. The petitioner on 24.12.1992. He came to this Court in CWJC No. 5451 of 1996 aggr...

Ghanshyam Chaudhary, Vs. State of Bihar

Court: Patna

Mandhata Singh, J.1. Heard learned Counsel for the petitioners and the State.2. There is allegation about assault and abuse in the name of caste to humiliate constituting an offence under Section 3(1)(x) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989. It is replied that inimical relation was there prevailing in between the parties. A Gumti was placed on the land of the petitioners. When informant's family members were asked to remove the same petitioners were assaulted even by knife also, for which a case has been lodged on behalf of the petitioners earlier to filing of the informant's case.3. In the case parties are in position of free fighting rather members of the informant's family appearing stronger able to cause more assault, that will be replied by abuse only for making a case under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act may not be believed for refusal of anticipatory bail.4. In the discussed and suggested ...

Ram Kewal Singh @ Ram Kewal Sharma Son of Late Shital Singh Vs. the St ...

Court: Patna

Sheema Ali Khan, J.1. Heard Mr. Pushkar Narain Shahi, learned Counsel for the petitioner and Mr. Chittarahjan Sinha, Special Public Prosecutor appearing on behalf of the State.2. The occurrence took place in the night at about 10:30 to 12 PM on 01.12.1997 in which 58 persons were killed. The prosecution has examined 91 witnesses and the defence has examined 9 witnesses. The argument in this case has commenced.3. The petitioner has made a prayer that the departmental enquiry report conducted by the Area Education Officer, Makhdumpur submitted to the District Superintendent of Education, Jehanabad may be called for by the Court. The petitioner wants to call for this document in order to show that during the departmental proceeding, it has been specifically stated by some of the witnesses that he was posed in a school at Narhi and, therefore, his involvement in the alleged occurrence at Makhdumpur is not possible. The said enquiry was made in the year 1999 and at the fag end of the trial,...

Anadi Krishna Son of Late Gopal Krishna Verma Vs. the State of Bihar a ...

Court: Patna

Reported in: 2010(58)BLJR379

Sheema Ali Khan, J.1. Heard learned Counsel for the petitioner, the Opposite Party No. 2 and the A.P.P. appearing on behalf of the State.2. The petitioner has filed this application challenging the order dated 17.12.2007 by which the Court below has taken cognizance for the offences under Sections 420, 468, 120B & 406 of the Indian Penal Code.3. A complaint petition was filed by one Shailendra Kumar Sinha who alleges that the accused Nos. 1 to 5 who are the partners of M/s Newton Construction are in violation of the agreement, not accepting the amount fixed for the payment of flat. The case of the complainant is that according to the agreement he had to pay Rs. 4,31,000/- for a flat in the building which was under construction whereas the builders were claiming Rs. 6,00,000/-. However, the (sic) amount. The role assigned to this petitioner in the complaint petition is that he is said to have taken the agreement to Bhagalpur where the complainant was residing and asked him to sign on th...

Ramashraya Prasad S/O Late Ram Keshwar Prasad Vs. the State of Bihar a ...

Court: Patna

J.N. Singh, J.1. Heard learned Counsel for the petitioner and learned Counsel for the State.2. Initially petitioner had filed this writ application for a direction to the respondents for quashing of memo No. 5957 dated 31.12.1993 issued by the District Superintendent of Education, Patna by which salary of the petitioner was stopped. Further prayer was made in the writ application for direction to the respondents to pay his salary from January, 1994 onwards in the Matric Untrained Scale.3. Counter affidavit has been filed in the case by the District Superintendent of Education, Patna. Along with counter affidavit one order passed by him as contained in memo No. 23 dated 3.1.2006 is annexed as Annexure-B. This order shows that, after consideration of the case of the petitioner, and his show cause, his services have been terminated.4. Accordingly, petitioner has filed I.A. No. 3103 of 2007 praying therein for grant of liberty to challenge the said termination order. The I.A. was allowed b...

Pramila Devi Wife of Sri Rabindra Singh Vs. the State Election Commiss ...

Court: Patna

Reported in: 2010(58)BLJR381

Navaniti Prasad Singh, J.1. By this writ application, the petitioner has challenged the judgment and order passed by learned Munsif II, Bhojpur at Ara in Election Petition No. 6 of 2006 which was allowed on 15.04.2009 by which the petitioner's election as Mukhiya of Gram Panchayat Raj, Hetampur in Jagdishpur Block of District - Bhojpur has been set aside and on recounting, as done by the learned Munsif, respondent No. 4 has been declared elected. The writ petition challenges the said judgment on grounds of grave procedural impropriety leading to wrong judgment.2. Respondent No. 4, who had filed the Election Petition aforesaid and succeeded therein, has appeared and filed a counter affidavit, rejoinders have been filed. Pleadings being complete, with consent of parties, the writ petition was heard for final disposal at this stage itself.3. The election having taken place for the post of Mukhiya of the Gram Panchayat in question, the counting of votes was undertaken on 16.06.2006. Upon c...

Dipak Kumar Jha S/O Gyaneshwar Jha and Ranjit Kumar Jha S/O Suraat Jha ...

Court: Patna

Navaniti Prasad Singh, J.1. In all the 3 writ petitions, the principal challenge is to the decision of the State Election Authority as constituted under Section 3 of the Bihar Cooperative Societies Act, 1935 read with Rule 21Y of the Bihar Cooperative Societies Rules, 1959 being contained in Memo No. 99, Bettiah dated 10.10.2009. The said has been issued under the signature of the Deputy Secretary of the Authority, copies whereof have been marked to all Block Development Officers -cum- Election Officers and the District Cooperative Officer -cum- Deputy District Election Officer. By this decision, it has been pointed out that as per Rules, the Coram of the Managing Committee is 7. It further states that minimum 6 members are required to be elected to the Managing Committee to constitute the Committee. It further points out that where 6 or more members are not elected to the Managing Committee then the elections have to be reheld for all the posts. That is the bone of contention in the p...