Patna Court April 2009 Judgments

Smt. Mithilesh Kumari Srivastava Wife of Shyam Sunder Prasad Srivastav ...

Court: Patna

Sheema Ali Khan, J.1. Heard learned Counsel for the petitioner.2. The petitioner has filed this special leave to appeal against the judgment of acquittal passed on 10.02.2009 wherein the Court has held that the petitioner has not been able to prove his case beyond reasonable doubt.3. A complaint petition has been filed alleging therein that the complainant was in her house and the Opposite Party No. 2 had tried to outrage her modesty and Opposite Party No. 3 also took away certain amount from the pocket of the husband of the petitioner.4. Charges were framed under Sections 323, 354 and 379 of the Indian Penal Code. In all, five witnesses were examined, On perusal of the judgment, I find that the Court has rejected the evidence of PWs 1 and 2 on the ground that they could not have been in a position to be the eye-witnesses in this case as they live 4-5 kms. away from the house of the petitioner. The second aspect that the Court has considered is that PW 2 has infact changed the place of...

Amiri Jha Vs. the State of Bihar and ors.

Court: Patna

Navin Sinha, J.1. Heard learned Counsel for the petitioner and learned Counsel for the State.2. The petitioner states that he was an applicant in pursuance of an advertisement published in a vernacular and an Urdu Newspaper on 14th and 17th of September, 1989, for the post of non-medical assistant. After suffering a process of selection, he was given a regular pay-scale and joined as such on 23.12.1989. On 21.2.1994 he was asked to show cause why his appointment be not cancelled as not having been made by the appropriate authority. He filed his reply to the show cause notice on 22.3.1985, appended at annexure-5. He specifically stated that he came to be appointed in pursuance of an advertisement by the competent authority after suffering all procedures for a regular appointment. More show cause notices followed which were all replied to as would be evident from annexures-9 and 10 to the present writ application. While this exercise of repeated show cause notices and repeated replies co...

Ratan Kumar and ors. Vs. the State of Bihar and ors.

Court: Patna

Reported in: 2009(57)BLJR2495

Navin Sinha, J.1. Heard leaned Counsel for the petitioners and the learned Counsel for the State.2. On 4.11.2006 a merit list for appointment of Panchayat Teachers under Gram Panchayat Raj Shankarpur, District Araria was published. The petitioners were selected in their respective categories and joined after appointment in June 2007. They starred to discharge their duties.3. One Smt. Laxmi Kumari petitioned the District Appellate Authority that she was denied consideration for appointment on the ground that she held the qualification of Intermediate in Vocational course. The order of the Appellate Authority at Annexure 1, presently impugned, makes it apparent that this was the only issue raised by the said Laxmi Kumari before the Appellate Authority. She did not question validity, genuineness or legality of appointment of the petitioners. Her claim was based on a subsequent decision of this Court in LPA No. 496 of 2008 holding that qualification of Intermediate in Vocational course was...

Kamla Kant Mishra Son of Late Chuman Mishra Vs. the State of Bihar,

Court: Patna

Shailesh Kumar Sinha, J.1. Heard the parties.2. The petitioner is aggrieved by order dated 22.03.2002 passed by the Sub-Divisional Officer, Banmankhi, Purnea, respondent No. 2, on an appeal filed by the respondent No. 3 arising out of a proceeding under Section 48(D) of the Bihar Tenancy Act (hereinafter referred to as 'the Act'), whereby and whereunder the order dated 16.09.1995 passed by the Circle Officer, Banmankhi dismissing the application filed by the respondent No. 3 has been set aside.3. The relevant facts, in short, is that the respondent No. 3 filed an application for declaring his occupancy Raiyati right with respect to plot Nos. 1789 & 1995 over an area of 05. acres & 0.30 acres respectively situated in village- Mirchabari, Gayapur appertaining to Thana No. 354, Khata No. 131 under sub division Banmankhi, District- Purnea. The application was dismissed by the Circle Officer, Banmankhi as per the order dated 16.09.1995 (Annexure-1) primarily on the ground that before claimi...

Umesh Prasad @ Lichi S/O Durga Sao Vs. the State of Bihar

Court: Patna

ORDERAbhijit Sinha, J.1. The petitioner, a dealer under the Public Distribution System, has prayed for the quashing of the First Information Report of Islampur P.S. Case No. 158 of 2007 whereby the petitioner is sought to be prosecuted for alleged commission of offences under Sections 406, 420 IPC and Section 7 of the Essential Commodities Act (hereinafter referred to as 'the E.C. Act').2. The allegation against the petitioner is that in course of a raid on his godown premises huge quantity of rice, wheat, sugar and 'Fortune' brand mustard oil was recovered and it was presumed on the basis thereof that the storage was for the purpose of black marketing.3. The learned Counsel for the petitioner sought to press his application primarily on the ground that his prosecution could not be sustained in law since he was provided immunity by virtue of Clause 31(2) of the Bihar Trade Articles (Licences Unification) Order, 1984 (hereinafter referred to as 'the Unification Order') and the provision...

Yatindra Prasad Singh @ Jitendra Singh Son of Late Shiv Singh Vs. the ...

Court: Patna

ORDERAbhijit Sinha, J.1. This application by the sole member of the second party in a proceeding under Section 107 Cr.P.C. is for the quashing of the notice dated 03.05.2007 purportedly issued under the seal and signature of the learned Sub-Divisional Magistrate, Nawadah Sadar, calling upon him to show cause as to why he be not made to execute a bond for keeping peace for a period of one year.2. Learned Counsel for the petitioner has submitted that the Magistrate's order is bad inasmuch it has failed to comply with the mandatory provision of Section 111 Cr.P.C. According to the learned Counsel the Magistrate was bound to set forth the substance of the. information received.3. The issue of the notice is a judicial act, the object being to enable the person noticed to prepare his defence. This is so because a notice under Section 111 Cr.P.C. is in the nature of a charge and that being the position, the person noticed is entitled to have some definite information of the allegations agains...

Uco Bank and ors. Vs. Lalan Sharan Verma and ors.

Court: Patna

Reported in: 2009(57)BLJR2506

V.N. Sinha, J.Re: I.A. No. 1037 of 2009 1. By filing the aforesaid interlocutory application, appellant- Bank has requested this Court to extend the peremptory time of two weeks allowed under orders dated 24.11.2008 until 5.2.2009 and to accept the delayed filing of the notices and talbana etc. for fresh service of notices on respondent Nos. 2 and 3. In this connection, it is submitted that on 24.11.2008, the clerk of the learned Counsel for the appellants had gone to his village home and could not mark the list. The case, however, was taken up even in the absence of the learned Counsel for the appellants and two weeks further time i.e. till 08.12.2008 was allowed to the appellants to take steps for fresh service of appeal notice on respondent Nos. 2, 3(i) and 3(ii) under registered cover with A/D, failing which the appeal, as against them, shall stand dismissed without further reference to a Bench. It is submitted that as order dated 24.11.2008 was passed in absence of the counsel for...

Jai Narayan Prasad Nishad Son of Late Kokil Prasad Nishad at Present M ...

Court: Patna

Reported in: 2009(57)BLJR2227

ORDERRamesh Kumar Datta, J. 1. The petitioner seeks the intervention of this Court by issuing a writ/order/direction in the nature of certiorari for quashing the order dated 26.3.2008 passed by the Chairman, Rajya Sabha in exercise of powers conferred by para-6 of the Tenth Schedule to the Constitution by which he has disqualified the petitioner in terms of para-2(1)(a) of the Tenth Schedule to the Constitution of India and for further consequential reliefs and directions.2. The petitioner was elected to the Rajya Sabha by the Legislative Assembly of the State of Bihar in 2004 as a candidate of the Bhartiya Janata Party (BJP) which is a recognized political party and also the main opposition party in the Rajya Sabha. On 22.12.2005, the respondent No. 5, Smt. Sushma Swaraj, the Deputy Leader, BJP Parliamentary Group in the Rajya Sabha filed a petition under Rule 6 of the Members of Rajya Sabha (Disqualification on the Ground of Defection) Rules, 1985 for disqualifying the petitioner und...

National Insurance Company Ltd. Through PravIn Kumar Sinha, Posted as ...

Court: Patna

ORDERRavi Ranjan, J.1. Heard learned Counsel for the appellant as well as Respondents No. 1, 2 & 4. Other respondents have not appeared despite valid service of notices upon them.2. This appeal is being heard and disposed of at this stage upon the joint requests made on behalf of the appearing parties.3. The Appellant - Insurance Company, being aggrieved by the judgment and award dated 12.01.2006, passed by the 3rd Additional District Judge - cum - Claims Tribunal, East Champaran, Motihari in Claim Case No. 61 of 2003 (3 of 2004) whereby the Tribunal has allowed the aforesaid claim case in part and awarded total amount of compensation to the tune of Rs. 2,20,500/- along with interest at the rate of 6% per annum from the month of September, 2004 till the recovery of the same, has preferred this appeal.4. The Appellant - Insurance Company assails the impugned judgment and award chiefly on two grounds. Firstly, that the vehicle in question was insured as a private vehicle but at the time ...

Vidya Nand Jha @ Bidya Nand Jha Son of Sri Prayag NaraIn Jha and Rahma ...

Court: Patna

Reported in: 57(2009)BC2543(NULL)

Mridula Mishra, J.1. Heard counsel for the parties.2. Two appeals have been preferred by the appellants against the judgment and order of Special Judge (C.B.I.), North Bihar, Patna, dated 19th October, 2001, in Special Case No. 64 of 1989 arising out of SPE/CBI/Patna R.C. No. 27(A) of 1989, whereby appellants along with one Narendra Prasad Verma (now dead) were convicted and sentenced to undergo rigorous imprisonment for two years under Sections 120B, 420, 467, 468 read with 468, 477A of the Indian Penal Code and 3(1)(c) and 13 read with 13(1)(d) of the Prevention of Corruption Act, 1988. Appellants were further convicted under Sections 471 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for one year. Appellants were also sentenced to pay a fine of Rs. 10,000/- each under Sections 13(2) read with Section 13(1)(c) and 13(1)(d) of the Prevention of Corruption Act, 1988, in default to undergo further rigorous imprisonment for six months. Sentences were ordered to r...