Patna Court April 2009 Judgments

Vijay Kapari Son of Late Sant Lal Kapri Vs. the State of Bihar and ors ...

Court: Patna

Reported in: AIR2009Pat127,2009(57)BLJR2529

Ramesh Kumar Datta, J.I.A. No. 1083 of 2009 1. The interlocutory application has been filed for addition of prayer to declare the election of respondent No. 5 as Pramukh of Sangrampur Panchayat Samiti null and void and further to declare the petitioner as elected Pramukh of the said Panchayat Samiti.2. The writ application was initially filed for quashing of the order dated 3.8.2006 passed by the State Election Commissioner by which he has held that the Commission was not competent to interfere once the results of the election to the post of Pramukh or Up-Pramukh is declared and any such matter can be considered by filing an election petition before the Sub Judge. As per the contention of learned Counsel for the petitioner no such election petition being maintainable before the Subordinate Judge and no mechanism for redressal of election dispute relating to Pramukh and Up-Pramukh having been prescribed under Section 40(4) of the Bihar Panchayat Raj Act, 2006 by the State Election Commi...

United Distillers Ltd. Through Its General Manager Sri Ranjan Satsangh ...

Court: Patna

Reported in: 2009(57)BLJR2266

ORDERSudhir Kumar Katriar and Kishore K. Mandal, JJ.1. We are called upon to answer the reference in terms of Section 48 of the Bihar Finance Act 1981 (hereinafter referred to as 'the Act'). By order dated 5.2.2001, passed in the present case, we had called for reference on three questions stated in the order and reproduced in paragraph-3 hereinbelow.2. The petitioner is a manufacturer and dealer of India-made Foreign Liquor (IMFL), and has its manufacturing unit at Mirganj in the district of Gopalganj. After taking lease of the unit from S.K.G. Sugar Mills, the petitioner filed returns for the years 1981-1982, which did not include the amount of excise duty paid or payable by the petitioner in the capacity of the manufacturer, or its purchaser, or any further onward purchaser. By order dated 22.8.2008, the learned assessing authority discarded the books of accounts as unreliable which, inter alia, did not disclose the amount of excise duty on its products and proceeded for best judgme...

Smt. Lalita Devi Daughter of Jaglal Mistry and ors. Vs. Sarswan Kumar ...

Court: Patna

Reported in: 2009(57)BLJR2517

S.N. Hussain, J.1. Heard learned Counsel for the parties.2. This second appeal has been filed on behalf of the defendants-appellants-appellants challenging the judgments and decree of both the learned courts below.3. This second appeal arises out of Title (Partition) Suit No. 82 of 1991, which was filed by the sole plaintiff-respondent-respondent for the following reliefs:(a) declaration of 1/5th share of the plaintiff from the entire joint family properties mentioned in Schedule B of the plaint and, thereafter, appointment of a Pleader Commissioner for separating Takhta between the plaintiff and the defendants;a (i) restraining the defendants by order of interim injunction from alienating any portion of the suit property till disposal of the suit;a (ii) declaring the deed of gift dated 03.05.1989 purported to have been executed by defendant No. 1 in favour of defendant No. 2 to be illegal, void and not binding upon the plaintiff;(b) cost of the suit; and(c) any other relief or reliefs...

Md. ShahabuddIn S/O Md. Owais, Vs. the State of Bihar and Shma PravIn ...

Court: Patna

Reported in: 2009(57)BLJR2502

Ajay Kumar Tripathi, J.1. Heard learned Counsel for the parties.2. Vide order dated 15.1.2009 on a prayer made by learned Counsel for petitioner No. 1, he was allowed to withdraw the quashing application in question in so far as it related to him. The application stood dismissed against petitioner No. 1.3. Petitioner No. 1 is alleged to be the person who committed offence under Section 493 of the Indian Penal Code. The present petition is therefore confined to petitioner Nos. 2, 3 and 4. Petitioner No. 2 happens to be the father of petitioner No. 1 Md. Shahabuddin, petitioner No. 3 is the wife of petitioner No. 2 (mother of petitioner No. 1) and petitioner No. 4 is the daughter of petitioner Nos. 2 and 3 (sister of petitioner No. 1).4. This application has been filed for quashing the order dated 5.7.2006 passed by Sri P.C. Verma, Judicial Magistrate, 1st class, Darbhanga in Tr. No. 2864 of 2006 (G.R. No. 333 of 2005) by virtue of which learned Magistrate has taken cognizance under Sect...

Ganesh Mahto and ors. Vs. State of Bihar and anr.

Court: Patna

Samarendra Pratap Singh, J.1. Heard the learned Counsel for the parties.2. The petitioners pray for quashing the entire criminal prosecution case including the F.I.R. of Ekma P.S. Case No. 60/05 dt. 17.8.05 corresponding to G.R. Case No. 2418/05 for offence under Section 304B/34 of I.P.C. arising out of Complaint Case No. 1851/05 filed by the complainant O.P. No. 2 before the Chief Judicial Magistrate, Saran at Chapra.3. Learned Counsel submits that no cause of action took place at Chapra and as such the entire criminal prosecution emanating from prosecution case being Ekma P.S. Case No. 60/05 under Section 304B/34 of the I.P.C. is fit to be quashed. Even the subsequent statements of Lal Babu Mahto, O.P. No. 2, under Section 161 Cr.P.C. does not show that any cause of action took place in the District of Saran.4. Learned Counsel further submits that the Hon'ble apex Court in the case of Y. Abraham Ajith reported in : (2004) 8 SCC 100 as well as in the case of Bhura Ram and Ors. v. the ...

Sk. Azimur Rahman and Sk. Mozibur Rahman Both Sons of Late Abdul Hafiz ...

Court: Patna

Reported in: 2009(57)BLJR2217

Sheema Ali Khan, J. 1. The defendants have filed this appeal before this Court.2. The suit has been filed for a declaration that the deed of gifts 12 in numbers dated 24.11.1992, 25.11.1992 and 27.11.1992 be declared as forged and fabricated and it should be held by the Court that the said deed of gifts were never acted upon and are not binding on the plaintiff.3. The relationship between the parties is that Ainul Haque had three children, Sheikh Abdul Aziz (the original plaintiff), Sheikh Abdul Hafiz and a daughter Zaifa. Sheikh Abdul Aziz died on 26.8.1994 after filing of the suit leaving his widow Shakila Khatoon and his brother sons S.K. Azimur Rahman (defendant No. 1) and S.K. Mozibur Rahman (defendant No. 2). Shakila Khatoon was transposed as a plaintiff by order dated 14.9.1994 of the Court below.4. The plaintiff's case is that he had separated from his brother and he alongwith his wife were living separately for the past 38 years. It has been stated in the plaint that in the ye...

Sri Ram Khelawan Sah Son of Late Bhola Sah Vs. Anathalaya Ashram Also ...

Court: Patna

Reported in: 2009(57)BLJR2535

S.N. Hussain, J.1. This second appeal has been filed by the sole plaintiff-appellant-appellant challenging the judgments and decree of both the learned courts below.2. The matter arises out of Title Suit No. 103 of 1987 which was filed by the plaintiff-appellant with respect to the suit land measuring 1 katha 11 dhurs by pole of 41/2 cubits of C.S. Plot No. 1558 (part) now M.S. Plot No. 367 Kha (Part) appertaining to C.S. Khata No. 129 now M.S. Khata No. 257 of Ward No. 6 of Katihar Municipality, Touzi No. 1239 within Thana No. 328 in Mouza Mirchai under Katihar Police Station in the District of Katihar for the following reliefs:(a) Declaration of Plaintiff's right, title, interest and possession over Schedule A of the plaint.(b) Declaration that defendants had no right, title, interest or possession over the suit land and that Municipal Town Survey Entry of suit land in the name of defendant No. 1 is wrong.(c) Confirmation of plaintiff's possession.(d) Permanent injunction against def...

Narender Narayan Singh S/O Late Mohan Lal Singh @ Late Mohi Lal Singh ...

Court: Patna

Ajay Kumar Tripathi, J.1. Heard learned Counsel for the parties.2. The application under Section 482 of the Code of Criminal Procedure has been filed by the petitioner for quashing the order dated 20.8.2007 passed by learned Sessions Judge, Purnea in Criminal Revision No. 168 of 2007. The order has confirmed the earlier order of the Chief Judicial Magistrate kishanganj by which he has taken cognizance in Complaint Case No. 1000C of 2006 under several sections of the Indian Penal Code. The details of the case need not be recorded because the basic facts are not disputed except that learned Counsel for the petitioner now shows willingness to tender all the documents which were the basis for filing of the complaint case in question.3. Learned counsel for opposite party No. 2 however lakes a legal objection to the maintainability of the application. He submits that an application under Section 482 of the Code of Criminal Procedure against the order of revision cannot be maintained since a ...

Nand Kumar Jha, Son of Shri Shiv Nandan Jha Vs. the State of Bihar Thr ...

Court: Patna

Reported in: 2009(57)BLJR2256

Ajay Kumar Tripathi, J.1. Petitioner wants quashing of the office orders dated 9.8.2004 and 21.9.2004, annexures 1 and 2 respectively, issued by respondent Nos. 6 and 3, by virtue of which the promotion granted to the petitioner from the post of Work Sarkar to the post of Supervisor Grade II was withdrawn as it was held to be against the rule, though respondents have held that the petitioner is entitled to first/second time bound promotion.2. Petitioner retired on 31.5.2004. He claims that he was holding the post of Supervisor Grade II in the office of the Executive Engineer, Water Resources, Tirhut Canal Division, Muzaffarpur (Respondent No. 6). He was initially appointed on a Class IV post of Chaukidar on 16.4.1969 in the Work charge establishment of Nepal Eastern Canal Division, Gandak Project, Birganj. Vide letter No. 67 dated 6.1.1970 petitioner was given promotion to the post of Work Sarkar in the work charge establishment of the Gandak Project of Birganj.3. Vide letter No. 1721 ...

Mohan Rai Vs. State of Bihar

Court: Patna

Reported in: 2009CriLJ3255

Sheema Ali Khan, J.1. This is a jail appeal in which this Court has appointed Arun Kumar Tripathy to appear Amicus curiae.2. The sole appellant Mohan Rai who has spent about more than six years in jail custody in a case under Section 366A of the Indian Penal Code has challenged the order dated 11-8-2004 passed by District and Sessions Judge, Buxar.3. The prosecution case is that the occurrence took place 2 1/2 years prior to the lodging of the First Information Report. The First Information Report was lodged on 19-10-2000 by Urmila Devi, mother of the so called victim girl Dharmshila Devi. In the First Information Report it is alleged that Anandi Devi, mother of the present appellant had come to the house of the informant in the morning at about 3 a.m. and asked Dharmshila Devi to accompany her for the purpose of attending the call of nature. The informant found that her daughter had not returned home and began to look for her. She went to the house of Anandi Devi but was told that Ana...