Patna Court February 2009 Judgments
Birendra Mishra S/O Sri Gangadhar Mishra Vs. the State of Bihar and or ...
Court: Patna
Decided on: Feb-28-2009
Ajay Kumar Tripathi, J.1. Petitioner seeks quashing of the order of his dismissal/discharge from service dated 31.12.1997 (Annexure-12) as well as the order of dismissal of his appeal dated 16.1.2001 (Annexure-14).2. Petitioner was the erstwhile employee of the respondent 2. Bihar State Road Transport Corporation. Based on a written report dated 12.4.1990 of the then Depot Superintendent of Saharsa, two proceedings were initiated, one was lodging of a first information report against the petitioner for assault and battery. A departmental proceeding was also initiated for the misconduct of assaulting the then Depot Superintendent, namely, Deo Nandan Prasad Singh. The incident was supposed to be on a dispute relating to payment of salary for a particular month, about which the employees of the respondents were aggrieved and agitated about. Petitioner was supposed to be an office bearer of the recognized trade union and he does not deny that he raised serious grievances with regard to n...
Tag this Judgment!Prasan Kumar Singh Son of Late Nagendra Singh and ors. Etc. Etc. Vs. t ...
Court: Patna
Decided on: Feb-28-2009
Mridula Mishra, J. 1. Heard the counsel for the parties.2. Prayer of the petitioners in all these writ applications is for a direction to the respondents to consider their cases for appointment as Prakhand/Panchayat teachers under Prakhand/Panchayat Teachers (Appointment and Service Conditions) Rules, 2006, as trained teachers recognizing their teachers' training degree from Bhartiya Shiksha Parishad, Lucknow, Uttar Pradesh, (in short, 'the Parishad'). In some of the writ applications prayer is for quashing order vide Memo No. 395, dated 30.10.2008, issued under the signature of Deputy Secretary, Human Resources Development Department, Government of Bihar, Patna, whereby teachers' training degree from the Parishad has been considered as forged and the institution not recognized by the State of Bihar for the appointment on the post of teacher. In C.W.J.C. No. 16224 of 2008, prayer of the petitioners is for quashing the notification vide Memo No. 1337, dated 25.08.2008, issued under th...
Tag this Judgment!New Swadeshi Sugar Mills Limited Through Its Executive President Shri ...
Court: Patna
Decided on: Feb-28-2009
Ajay Kumar Tripathi, J.1. Petitioner, a registered company under Indian Companies Act seeks quashing of the order dated 7.7.1999/9.7.1999/10.7.1999 passed by the Secretary, Sugarcane, Government of Bihar in Appeal Case No. 4 of 1999, which is Annexure-14 to the writ application. Petitioner also wants quashing of the order dated 10.2.1999 contained in Annexure-9, which is the order passed by the Cane Commissioner, respondent No. 3 to the writ application.2. The background to the present dispute is that the petitioner's company is engaged in production of sugar from its sugar factory at Narkatiaganj, located in the district of West Champaran. Sugarcane is purchased by the company from the adjoining areas and the purchase of such cane is regulated by the law in this regard enacted by the Central as well as the State Government.3. The dispute relates to the year 1997-98 with regard to the liability of the company to pay price of sugarcane to the sugarcane growers specially respondent No. ...
Tag this Judgment!Ashok Kumar Thakur @ Ashok Kumar Son of Late Yogendra Thakur Vs. the S ...
Court: Patna
Decided on: Feb-28-2009
Ajay Kumar Tripathi, J.1. By this application under Section 482 of the Code of Criminal Procedure, order dated 11.2.2004 passed in Criminal Revision No. 296/2003 has been challenged. The case originated from a claim for maintenance made by the opposite party No. 2 to 4 under Section 125 of the Criminal Procedure Code.2. A Misc. Case No. 29 of 1997 was instituted against the petitioner in the Court of Chief Judicial Magistrate, Saharsa under Section 125 of the Criminal Procedure Code claiming maintenance of Rs. 500/- per month for each of the opposite party No. 2 to 4. Opposite party No. 2 claimed herself to be the wife of one Yogendra Thakur and opposite party No. 3 and 4 were her minor sons. The present petitioner is also son of one Yogendra Thakur, who passed away on 6.2.1995. The matter was contested by the petitioner but Sub Divisional Judicial Magistrate, Saharsa vide order dated 24.7.2003 directed payment of maintenance at the rate of Rs. 500/- per month to each of the applicant...
Tag this Judgment!Bindeshwar Paswan Son of Late Ganpat Paswan Vs. the State of Bihar
Court: Patna
Decided on: Feb-28-2009
Dharnidhar Jha, J.1. The solitary appellant, namely, Bindeshwar Paswan was put on trial by framing charge against him under Sections 366 and 376 of the Penal Code in Sessions Trial No. 245 of 1988/47 of 1990 and by the judgment and order of conviction passed on 23.9.1993, was convicted by the learned Ist Additional District & Sessions Judge, Muzaffarpur of committing offence under Section 366 of the Penal Code and was directed to suffer rigorous imprisonment for five years under that Section. The appellant was acquitted of the charge under Section 376 of the Penal Code. The above judgment and order of conviction is being assailed in the present appeal.2. The occurrence was of the 1st of June, 1986 in respect of which the uncle of the victim namely, Sahela Khatoon @ Mako (P.W. 7) filed complaint in the court of Sri K.N. Singh, Judicial Magistrate, Ist Class, Muzaffarpur on 12.6.1986. The copy of the complaint was sent under Section 156(3) Cr.P.C to the police station and on that basis ...
Tag this Judgment!Ajoy Kumar Poddar Son of Sri Ram Deyal Poddar Vs. the State of Bihar
Court: Patna
Decided on: Feb-27-2009
Dharnidhar Jha, J.1. The sole appellant was put on trial for committing the offence under Section 7 of the Essential Commodities Act by the learned Special Judge (Essential Commodities Act), Muzaffarpur in Tr. No. 50 of 1992 arising out of Sakara P.S. Case No. 193 of 1987 and was found guilty by the judgment and order of conviction passed on 25.9.1993 and was directed to suffer simple imprisonment for a term of three months. The appellant has questioned the legality of the finding and propriety of the sentence through the present appeal.2. The facts of the case lie in a very narrow compass. There is no denial that the appellant was a licensed retailer under the Public Distribution System. The allegation is that the informant, i.e., Rajeev Verma (P.W.2) inspected the business premises of the appellant, on 18.11.1987 and found that there was no display board indicating the stock position and other details nor he could find any register in respect of palm oil and kerosene oil and as such...
Tag this Judgment!Amit Raj Son of Ram Jeevan Singh Vs. the State of Bihar and Sushil Kum ...
Court: Patna
Decided on: Feb-26-2009
Abhijit Sinha, J.1. The petitioner who alongwith others has been arrayed as accused in Complaint Case No. 27(C) of 2006 has prayed for the quashing of the order dated 15.4.2006/17.4.2006 passed therein by the learned Sub Divisional Judicial Magistrate, Patna, whereby he has taken cognizance for offences punishable under Sections 420 and 406 I.P.C. as also Section 138 of the Negotiable Instruments Act (hereinafter referred to as 'the N.I. Act').2. The prosecution case is based on the complaint petition filed by one Sushil Kumar, the complainant, impleaded herein as O.P. No. 2 for and on behalf of himself and of the Company Sparsh Technologies of which he is the proprietor. It is stated in the complaint petition that accused No. 1, is a Company running in the name and style of M/s. Anand Data Solutions through its Director (accused No. 2-petitioner) having its office at Mahavir Medical, Opposite -Main Gate and accused Nos. 3 and 4 are the partners of the said Company, all of whom have u...
Tag this Judgment!Shahid Hadi Vs. State of Bihar and ors.
Court: Patna
Decided on: Feb-26-2009
Samarendra Pratap Singh, J.1. Heard the learned Counsel for the parties.The petitioner claims to be tenant of Oriental Studio measuring an area of 15' x 25' situated opposite to Patna University at Ashok Raj Path. He states that the shop Katra originally belongs to one Jawahar Lal from whom the petitioner's predecessor took tenancy in the year, 1960. Since then rent is being regularly paid to the owner.2. It is submitted that after exchange of land one Soni Mian, respondent No. 5 became the owner of the shop Katra in 2004. He submits that the aforesaid Soni Mian has realized rent @ Rs. 800/- up to November, 2006. Photostat copy of the rent receipts have been annexed as Annexures 1 to 1/c. The petitioner even got his business registered under the Excise Act.3. The petitioner alleges that on 1.1.2007 at 9 P.M. respondents No. 5 to 7 came at his residence and threatened him to vacate the said shop. However, when he came to his shop on 2.1.2007 at 9.30 A.M. he saw the lock of the shop bro...
Tag this Judgment!Wakil Singh Son of Late Kailash Singh Vs. the State of Bihar
Court: Patna
Decided on: Feb-26-2009
Dharnidhar Jha, J.1. The solitary appellant Wakil Singh was put on trial for committing an offence under Section 304 IPC by the learned 3rd Additional Sessions Judge, Nawadah and by the judgment dated 25th September, 1993 the appellant was found guilty of committing the above noted offence. The appellant was directed to suffer rigorous imprisonment for seven years by the order of sentence passed on the same day. The appellant has assailed the above judgment of guilt recorded against him by the learned 3rd Additional Sessions Judge as also the order of sentence in the present appeal.2. P.W. 7 Vidyanand Singh, who is the son of the deceased Babulal Singh, gave him fardbayan before the police in Warsaliganj hospital that while he, his elder brother and father were returning back home after having made some purchases in Warsaliganj-market along with Bindeshwari Singh (P.W. 4), Uday Shankar Singh (P.W. 5) as also Ramratan Singh (P.W. 3) the informant found the appellant hurling abuses on p...
Tag this Judgment!Sudhir Kumar @ Sudhir Kumar Barnwal, Son of Late Durga Prasad and ors. ...
Court: Patna
Decided on: Feb-26-2009
Abhijit Sinha, J.1. All the five persons arrayed as accused in Complaint Case No. 187C of 2007, giving rise to Kadam Kuan (Patrakar Nagar) P.S. Case No. 174 of 2007, have preferred this application for quashing the entire F.I.R. of the aforesaid Kadam Kuan P.S., registered under Sections 498A, 379 I.P.C. as also Sections 3/4 of the Dowry Prohibition Act.2. One Anshu Kumari, the complainant, filed the aforesaid complaint case which was transmitted to the concerned Police Station under Section 156(3) Cr.P.C. and on the basis thereof the aforesaid Kadam Kuan P.S. case came to be registered. According to the complainant/informant, her marriage with Sudhir Kumar Barnwal, petitioner No. 1, was solemnized on 2.5.2004 at Patna whereat gifts including cash, ornaments and other articles worth Rs. 10 Lacs was given in presentation by the parents of the informant. It is further alleged that the husband of the complainant/informant is a Software Engineer working in Canada who had remained in Betti...
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