Patna Court April 2009 Judgments

S.N. Pathak Vs. State of Bihar and ors.

Court: Patna

Reported in: AIR2009Pat146

J.B. Koshy, C.J.1. This writ petition was filed for issuance of quo-warranto against the Union Minister, Shri Laloo Prasad for ousting him from the chair as the Union Minister, Railway. The allegation against him is that Shri Laloo Prasad had made derogatory statement that he would have crushed roller over the chest of Varun Gandhi who had given speech against the Muslim community.2. A supplementary affidavit has been filed thereafter for issuance of writ of mandamus commanding the respondents to discharge his obligation as enjoined upon them by the Constitution of India in compelling the respondent the to aside by the constitutional obligation which lies upon them. And also for issuance of a writ or an order including a writ in the nature of prohibition to the respondent No. 3 prohibiting him not to make derogatory and unconstitutional statement in public meeting.3. At the outset, we shall consider the question what is meant by 'writ of quo warranto' and under, circumstances it can be...

Baidyanant Prasad Verma Vs. the State of Bihar and ors.

Court: Patna

Reported in: 2009(57)BLJR2509

Mihir Kumar Jha, J.1. In this writ application the petitioner has prayed for the following relief:The present writ application is being filed for issuance of an appropriate writ order/orders/direction/ directions commanding the respondents for further commutation of pension and gratuity of the petitioner in the light of Finance Department letter No. 11556 dated 22.12.1999 and letter No. 6469 dated 26.9.2000 issued under the signature of Special Secretary, Department of Finance, Govt. of Bihar, Patna and further direction to the respondents to pay amount in lieu thereof as well as statutory interest and any other relief or reliefs for which the petitioner entitled under law. 2. It is the case of the petitioner that he entered in service on 4.3.1960 on the post of Anchal Amin and had retired on 31.1.1997, whereafter he was paid all his retirement benefit as also even his pension was commuted by an order dated 28.6.1999. The grievance of the petitioner, however, is that his commutation wa...

Rama Nand Jha Son of Late Upendra Jha Vs. the Bihar State Housing Boar ...

Court: Patna

Reported in: 2009(57)BLJR3039

Mihir Kumar Jha, J.1. Heard counsel for the petitioner and the counsel for the Board.2. The prayer made in this writ application reads as follows:This writ application is directed against the order No. 418 dated 7.2.2002 issued under the signature of Revenue Officer of the respondent Housing Board whereby and where under while communicating the details of the deposit and amount required to be paid towards the cost of petitioner's flat has been communicated, communicating the petitioner that due to re-determination of cost of flat in question is Rs. 1,00,700/- as on 31.3.1996. This application is also being filed for commanding the respondents to execute the deed of lease perpetuated in favour of the petitioner and return the excess amount deposited by the petitioner. This writ application is being filed for other relief as well. The petitioner was initially allotted the flat being L.I.G. Flat No. 13/436 situated in Mohalla Hanuman Nagar initially on rental basis subsequently the flat i...

Vijay Narayan Singh and ors. Vs. the State of Bihar and ors.

Court: Patna

Navin Sinha, J.1. Heard learned Counsel for the petitioners and the learned Counsel for the State.2. It is the case of the petitioners that in pursuance of the advertisement on the notice board in 1981 inviting application for appointment on Class IIII and IV posts under the Filaria Control Programme the petitioners applied and they were appointed on temporary basis. Consequently vacancies were notified for regular appointment on 4.11.1981. A typed copy of the public advertisement is appended at Annexure 3. The petitioners came to be appointed after consideration of their candidature by a selection committee. Reliance for the purpose is placed on the communication dated 12.9.1983 referring to the appointments having been made by the Selection Committee. Nonetheless their services were terminated when they came to this Court in CWJC No. 7451 of 2003. On 25.8.2003 the order of termination was stayed by this Court. Subsequently the writ petition itself was placed before a Division Bench i...

Md. ShahabuddIn Vs. State of Bihar

Court: Patna

Reported in: 2009CriLJ3877

ORDERNavin Sinha, J.1. Heard learned Counsel for the petitioner and learned Counsel for the State.2. The prayer for bail of the petitioner in a police case registered under Sections 414 of I.P.C. and 25(1-B)(a) and 26 of the Arms Act was rejected on 16-10-2006 in Cr. Misc. No. 45671/05. He preferred S. L. P. {Criminal) No. 6798/06 which was also dismissed on 2-2-2007. The renewed prayer for bail has been rejected on 23-5-2008 in Cr. Misc. No. 16692/08. S. L. P. (Criminal) No. 6035/ 08 questioning rejection of the renewed prayer for bail has also been rejected noticing that the trial was at an advanced stage.3. Learned Counsel for the petitioner submits that charges have been framed under Sections 414 of I.P.C. and 25(1-B)(a) and 26 of the Arms Act. The maximum punishment under the Indian Penal Code is three years. Under the former provision of the Arms Act the punishment is three years, under the latter provision of the Arms Act the punishment given in (sub-section 1) is for a period b...

Yogendra Bhagata Son of Late Maujeelal Bhagat and ors. Vs. Pritlal Yad ...

Court: Patna

Reported in: AIR2009Pat168

Ravi Ranjan, J.1. A Division Bench of this Court vide its order dated 12.01.2004 has referred this civil revision for consideration by the Full Bench on the question as to whether on the death of plaintiff No. 12/respondent No. 12 during the pendency of the title appeal filed by the defendants 2nd party against the decree of the trial court, in view of the fact that no application was made within the stipulated period prescribed by law of limitation for substitution of the heirs and legal representatives, the whole appeal had abated or not.2. Title Suit No. 54 of 1989 was filed by the plaintiffs-respondents-petitioners against the defendants-appellants-opposite parties and the same was decreed on 20.05.1994. The defendants 2nd party preferred Title Appeal No. 9 of 1994. During the pendency of the aforesaid appeal, respondent No. 12 (plaintiff No. 12) was reported to have died. However, a controversy arose with regard to the date and place of the death of the aforesaid respondent, as ac...

Shamshad Ahmad Vs. the State of Bihar and anr.

Court: Patna

Samarendra Pratap Singh, J.1. Heard the learned Counsel for the parties.2. The petitioner has moved this Court against the order dated 14.3.2007 passed by Judicial Magistrate, Ist Class, Muzaffarpur, in Complaint Case No. 2928/05/Tr. No. 1523 of 2007 whereby the learned Magistrate has refused to dispense with personal appearance of the petitioner under Section 205 of the Cr.P.C. by rejecting his application filed for the same on 23.12.2006.3. The complainant prepares tanned raw leather. The petitioner deals in manufacturing various leather items after purchasing raw leather.4. The petitioner approached the complainant through M/S Sierra Trading Private Ltd. for supply of the raw leather. Pursuant to one oral agreement, the complainant delivered a consignment of goods valuing Rs. 48,854/- vide Bill No. ALI/STP/14 dated 3.10.2002 which was duly paid vide D.D. No. 276415 dated 18.11.2002. In between the period of 30.10.2002 to 31.03.2003 the complainant supplied raw leather worth Rs. 33,5...

Naresh Singh Son of Late Mahendra Narayan Singh and ors. Vs. the State ...

Court: Patna

Reported in: 2009(57)BLJR2556

ORDERSheema Ali Khan, J.1. The appellants, six in numbers, have challenged the judgment and order dated 31st August, 2004 passed in Sessions Trial No. 496 of 1989/Trial No. 406 of 2004.2. As far as appellants 1 to 4 are concerned, charges were framed under Sections 307/149 of the Indian Penal Code which was altered to Sections 324/149 of the Indian Penal Code. Bameshwar Singh and Murari Singh, appellant Nos. 5 and 6 were convicted under Section 323 of the Indian Penal Code.3 .The Trial Court heard the case on the point of sentence and awarded the benefit of Section 360(1) of the Code of Criminal Procedure and released the appellant on bail, binding them to appear and receive sentence when called upon during the period of two years and in the mean time to keep the peace and good behaviour.4. Learned Counsel for the appellants submits that the all the appellants are in Government service and there are no complaints against them. The cause of the occurrence was a dispute with respect to t...

Raghunath Prasad Son of Late Shital Prasad Vs. the Reserve Bank of Ind ...

Court: Patna

Reported in: 2009(57)BLJR2808

Navaniti Prasad Singh, J. 1. The questions involved in the present writ applications are same and the facts being similar, with consent of parties, these four writ applications have been heard at this stage for its final disposal.2. The petitioners are basically aggrieved by the non-encashment of the Gold Bonds 1998 by the Reserve Bank of India which was purchased by them. The Reserve Bank of India purports to act under orders of the Central Bureau of Investigation which has merely, by a letter, put a Stop Encashment Order.3. Counter affidavits have been filed by the Reserve Bank of India and the Central Bureau of Investigation, the latter having filed a supplementary counter affidavit as well and rejoinder has been filed by the petitioners.4. The petitioners are family members of one family.5. Raghunath Prasad, son of late Shital Prasad is the Karta of his HUF. His wife, now deceased, is Saraswati Devi. He has four sons who were all major at the relevant time being Ashok Kumar, Arun K...

Suman Shekhar Rajhans Son of Mahadeo Rajhans Vs. the State of Bihar

Court: Patna

Reported in: 2009(57)BLJR2800

ORDERSheema Ali Khan, J.1. The sole appellant before this Court has remained in custody for 4 years and 11 months is the husband of the deceased lady Bandana Kumari, has challenged the judgment dated 23rd July, 2003 passed in Sessions Trial No. 263 of 2001/320 of 2002 by which he has been convicted to undergo rigorous imprisonment for ten years under Section 304B of the Indian Penal Code, and to pay fine of Rs. 2,000/- and in default of payment of fine to undergo rigorous imprisonment for two years. He is further convicted to undergo rigorous imprisonment for two years each for the offences under Sections 498A and 201 of the Indian Penal Code. The appellant has remained in jail since 07.02.2001 to 02.01.2006 i.e. four years eleven months.2. The informant Gopesh Jha (PW 9) lodged the First Information Report on 12.11.2000. The prosecution case is that the appellant got married to Bandana Kumari on 21.01.1996. At the time of marriage, he was gifted a Rajdoot motorcycle and two drafts wer...