Patna Court May 2009 Judgments

Shailendra Kumar Singh Vs. the State of Bihar and anr.

Court: Patna

Ajay Kumar Tripathi, J.1. Heard learned Counsel for the petitioner, learned Counsel for opposite party No. 2 and APP for the State.2. Petitioner is the husband who is before this Court for quashing of the order dated 19.10.2006 passed by the Chief Judicial Magistrate, Khagaria in Aloli P.S. Case No. 121 of 2004 by virtue of which cognizance has been taken against the petitioner under Section 498A of the Indian Penal Code. Petitioner has been summoned to face trial and therefore the present application under Section 482 of the Cr. P.C. has been filed before this High Court.3. A very pointed legal submission has been made by learned Counsel for the petitioner that from a bare perusal and reading of the FIR coupled with the allegation made therein no cause of action has arisen within Aloli Police Station situated in the District of Khagaria where the FIR has been lodged by the father of the girl and the concerned Magistrate thereafter has taken cognizance of the offence against the petiti...

The Bihar State Electricity Board, Through Its Chairman and the Secret ...

Court: Patna

Chandra Mohan Prasad and Vijayeshwar Narayan Sinha, JJ.1. The appellant, Bihar State Electricity Board (hereinafter, in short, referred to as 'the Board') is supplier of electricity and the Respondent M/s Shew Vijay Udyog Ltd. is an Industrial Unit of High Tension Electricity Consumer under the appellant Board.2. The respondent paid electricity bill to the appellant Board till April 1999 on the basis of the consumption recorded in the Meter in the respondent's premises. The respondent's case was that on 26th May 1999, the Electric Meter went out of order and stopped recording consumption and the said fact was brought to the notice of the Electrical Executive Engineer. The respondent also requested the Electrical Assistant Engineer to replace the defective Meter. However, the meter was not replaced, but the petitioner was served with a bill dated 8th June 1999 for the month of May 1999 calculated on the basis of consumption of 13961 units. The petitioner was subsequently also served wit...

Md. Neyaz S/O Badru Hassan Vs. the State of Bihar and ors.

Court: Patna

Ramesh Kumar Datta, J.1. Heard learned Counsel for the petitioner, learned Counsel for the Bihar State Election Commission and learned Counsel for the State.2. The petitioner seeks quashing of the order dated 19.3.2009 passed, in Case No. 02 of 2009, by the State Election Commissioner, by which he has declared the petitioner disqualified as Councillor in terms of Section 18(1)(g) of the Bihar Municipal Act, 2007 and for further consequential reliefs.3. The facts of the case lie within a narrow compass and are not in dispute. The petitioner was elected as Ward Councillor for the Patna Municipal Corporation in the elections of the year 2007. Prior to the said election, the petitioner was made an accused in Sultanganj P.S. Case No. 441 dated 14.12.2005 under Section 25(1-B)/26 of the Arms Act. Subsequently by the judgment dated 22.12.2008 passed in Trial No. 1898 of 2008 by. the Judicial Magistrate, Ist Class, Patna City, Patna, the petitioner was convicted and sentenced to rigorous impri...

The New India Assurance Company Ltd., Vs. the State of Bihar and Shri ...

Court: Patna

Ajay Kumar Tripathi, J.1. Heard learned Counsel for the petitioners, learned Counsel for opposite party No. 2 and learned APP for the State.2. This application under Section 482 of the Code of Criminal Procedure has been filed on behalf of senior functionary of the Assurance Company Ltd. against the order taking cognizance dated 17.11.2006 under Sections 403, 418 and 120B of the Indian Penal Code in Complaint Case No. 2533 (c) of 2006.3. The allegation in the complaint is that the opposite party No. 2 had taken a Hospital and Domiciliary Hospitalization Benefit Policy from the petitioners' company which covered the period 1.11.2005 to 31.10.2006. In this regard premium of Rs. 2.824/- was deposited. While the policy was still valid, wife of opposite party No. 2 had undergone the surgery and medical hospitalization both at Patna and Delhi and ultimately she passed away on 21st January, 2006. When claim was lodged with the petitioners' company they have refused to reimburse the expenses i...

Dr. Sunil Kumar Singh Son of Sri Maharana Pratap Singh, Chairman, Biha ...

Court: Patna

ORDERRamesh Kumar Datta, J.1. Both the writ applications raise common issues pertaining to the suspension of the Managing Committee/Board of Directors of the Bihar State Co-operative Marketing Union Ltd. (BISCOMAUN) by order dated 12.1.2009 passed by the Registrar, Co-operative Societies, Bihar and accordingly they have been heard together and are being disposed of by this common order.2. The petitioners seek quashing of the aforesaid order dated 12.1.2009 by which the Managing Committee/Board of Directors of BISCOMAUN has been suspended for a period of six months by the Registrar, Co-operative Societies, Bihar in exercise of the powers under Section 41(1) of the Bihar Co-operative Societies Act, 1935 and the District Magistrate, Patna has been appointed as the Special Officer for carrying on the functions of the Board of Directors.3. The facts of the case lie in a narrow compass. On 16.10.2008, the intervenor, respondent No. 8, Vishal Singh, a representative of the BISCOMAUN from Udwa...

Arun Kumar S/O Late Harbansh Lal Gover Vs. the State of Bihar and Shri ...

Court: Patna

Ajay Kumar Tripathi, J.1. Heard learned Counsel for the petitioner, learned Counsel for opposite party No. 2 and learned APP for the State.2. Petitioner wants quashing of the order dated 6.12.2006 by virtue of which cognizance has been taken against the petitioner in Complaint Case No. 1476 (C) of 2006 under Sections 406 and 420 of the Indian Penal Code and Section 138 of the Negotiable Instrument Act.3. A complaint has been filed by opposite party No. 2 staling therein that the petitioner approached the complainant for extending a loan of Rs. 11,00,000/- which the petitioner required for construction of multistoried building since he was in construction business. The money was promised to be returned within two months. When the money was not returned within the time frame the complainant approached the petitioner on which a cheque dated 20.2.2006 of the amount was issued drawn on ICICI Bank. When the complainant presented the same in the bank he was informed by Bank on 2.3.2006 that t...

United Breweries Limited, a Company Incorporated Under the Provisions ...

Court: Patna

J.B. Koshy, C.J.1. The challenge in this writ application is against the order of the Managing Director of the Bihar State Beverages Corporation Ltd ('the Corporation', in short) directing recovery of amounts from the running business of the petitioner for payment of the same to the fifth respondent. According to the petitioner, the order is unfair, arbitrary, unreasonable, intended to enrich the fifth respondent without any authority of law, without jurisdiction and against the provisions of the Liquor Sourcing Policy ('the Liquor Policy', for brevity).2. The Corporation was established by the State Government as a fully owned Government company entrusted with the monopolistic privilege of wholesale supply of liquor in the State of Bihar. The Corporation had framed its own policy and incorporated terms and conditions in the agreement executed between the manufacturers and suppliers of liquor. Annexure - 1 is the liquor policy of 2006 which was executed by the petitioner and the fifth ...

Braj Bhushan Sahay Son of Late Raj Kumar Sahay Vs. State of Bihar, Thr ...

Court: Patna

S.K. Sinha, J.1. The petitioner, a Forester working under the Respondent-Corporation is primarily aggrieved due to his non-promotion to the post of Range Officer. The prayer is for issuance of a writ or order in the nature of writ of Mandamus commanding the respondents to consider his case for promotion as per the guidelines of the promotion policy in its correct perspective and grant regular promotion to him on the post of Range Officer with effect from his due date i.e. 6th September, 1987 or at least with effect from the date his junior were granted promotion. Further prayer is for issuance of a writ or order in the nature of writ of certiorari quashing the office order No. 3140 dated 14.08.1996 as contained in Annexure-19, whereby the petitioner on being reverted from the charge of In-charge Range Officer and posted as Forester under respondent No. 8, junior to him as forester, however promoted as Range Officer in the legal cell of the respondent Corporation having its Head Quarter...

Shambhu Sharma Son of Late Mahendra Prasad Singh Vs. the State of Biha ...

Court: Patna

Reported in: AIR2009Pat161

J.B. Koshy, C.J.1. The petitioner approached this Court by filing an application to the Chief Justice for the appointment of an 'independent/impartial Arbitrator' for an amicable settlement of the dispute between both the parties under Section 11(6) of the Arbitration and Conciliation Act 1996 (the Act, for brevity). The names of two retired District Judges were also suggested for appointment as Arbitrator for settlement of the disputes between the parties. The petitioner entered into agreements with the second respondent - Executive Engineer, Building Construction Department, Government of Bihar - for the execution of three works. The agreements were executed in Form F2 as prescribed by the Public Works Department.2. It is the case of the petitioner that Clause 23 of the agreement provides for arbitration, which reads as follows:23. In case any dispute or difference shall arise between the parties or either of thereupon any question relating to the meaning of the specifications, desig...

Rameshwar Pandey Son of Late Munnu Pandey and ors. Vs. Smt. Malti Devi ...

Court: Patna

S.N. Hussain, J.1. This second appeal has been filed by the defendants-respondents-appellants challenging the judgment and decree of the learned court of appeal below.2. The matter arises out of Title Suit No. 61 of 1988 which was filed by the plaintiff-appellant-respondent No. 1 with respect to holding No. 18 (New 20), new survey plot No. 13 situated in Mohalla Khara Kuan, Gaighat within Alamganj Police Station in the district of Patna for the following reliefs:(a) Declaration that deed of gift executed on 11.05.1985 (Ext.4) by defendant No. 3 in favour of defendant No. 2 is illegal, fraudulent, collusive and null and void document and not binding upon the plaintiff.(b) Order of injunction restraining defendant No. 2 from mutating his name in the office of Patna City Municipal Corporation or any other office in place of plaintiff's name on the basis of the said gift dated 11.5.1985.(c) Cost of suit.(d) Any other relief or reliefs which the court thinks fit and proper.3. Defendant 1st ...