Patna Court July 2009 Judgments

The State of Bihar Vs. Shaukat Mian

Court: Patna

Reported in: 2009(57)BLJR3019

Navin Sinha, J.1. These three criminal appeals arise out of the judgment of conviction and sentence dated 26.4.2008 by the Additional Sessions Judge, F.T.C.-IV, Banka, in Sessions Trial No. 897 of 2002.2. Death Reference No. 8 of 2008 arises out of Criminal Appeal No. 665 of 2008 alone. Seventeen persons were put on trial. Nine have been acquitted, and eight convicted.3. Shaukat Mian has been convicted under Section 302, 148 of I.P.C., Section 3(b) of the Explosive Substances Act, and sentenced to death, in addition to rigorous imprisonment for three years under Section 148 of the Indian Penal Code and to rigorous imprisonment for life under Section 4 of the Explosive Substances Act. Rahim Mian has been convicted under Sections 307, 302/148/149 and 3/4 of Explosive Substances Act, and sentenced to seven years rigorous imprisonment under Section 3/4 (each) of Explosive Substances Act, three years rigorous imprisonment under Section 148 of I.P.C., ten years rigorous imprisonment with fin...

Bibha Bharti Wife of Uday Kumar Doughter of Shri Nawal Prasad Singh Vs ...

Court: Patna

ORDERAbhijit Sinha, J.1. The petitioner herein, the unfortunate and ill-fated spouse, impleaded as opposite party in a suit for divorce filed by her husband on the ground of cruelty, being Matrimonial Case No. 56 of 2001, has preferred this revision questioning the reasonability and propriety of the order dated 28.8.2007 passed therein by Sri J.P. Singh, the erstwhile Additional Principal Judge, Family Court, Patna, whereby he has directed for the constitution of a Medical Board for examination of the present petitioner with a direction to her to appear before the said Board even as her petition under Section 24 of the Hindu Marriage Act (hereinafter referred to as 'the Act') for maintenance pendente lite and expenses of proceedings remains pending for about six years.2. It will not be out of place to notice at the very outset that notwithstanding valid service of notice on him, the husband, O.P. herein, has not cared to put in an appearance to contest the present revision.3. Following...

Mohammad Quamruzzaman @ Quamruzzama, Son of Md. Hanif Vs. State of Bih ...

Court: Patna

Mandhata Singh, J.1. By the impugned order wife (opposite party No. 2 here) has been allowed for realization of maintenance at the rate of Rs. 500/- per month from the year 1977 to 1992.2. In the instant case, petitioner married another girl in 1992. According to the petitioner, he divorced the applicant-opposite party No. 2 in the year 1990. Divorce is accepted by the family court but in the year 1992. After hearing the parties learned Principal Judge has allowed maintenance in favour of opposite party No. 2 from the year 1977 to 1992.3. Now the question is whether maintenance from 1977 to 1992 can be awarded on the petition filed in the year 2001.4. On the point learned Counsel for the petitioner referred Sub-section (2) of Section 125 of the Code of Criminal Procedure which runs as follows:Any such allowance for the maintenance or interim maintenance and expenses for proceeding shall be payable from the date of the order, or, if so ordered, from the date of the application for maint...

Shankar Singh Son of Late Nagina Singh and ors. Etc. Etc. Vs. the Stat ...

Court: Patna

V.N. Sinha, J.1. Heard learned counsel for the parties.2. Petitioners, in these writ applications as also interlocutory applicants had served as candidate peon/daily wagers in the Collectorate at Gopalganj or its attached offices or other government offices, including government schools and hospitals situate within the district of Gopalganj. They had submitted application for being considered for appointment on Class IV post in the light of the Advertisement dated 14.6.2001, as contained in Annexure-3 appended with C.W.J.C. No. 10444 of 2005. After consideration of the case of the applicants, a panel was prepared, which is dated 20.7.2004 and is contained in Annexure-5 appended with C.W.J.C. No. 10444 of 2005. In the light of the panel, Annexure-5, petitioners of C.W.J.C. Nos. 12409 and 13122 of 2005 have been issued with orders of appointment and those orders have been challenged by filing C.W.J.C. No. 10444 of 2005, as contained in Annexures-6 and 7 to the said writ case. It is conte...

Subbash Bhagat Vs. State of Bihar and anr.

Court: Patna

Reported in: 2010CriLJ399

ORDERAbhijit Sinha, J.1. The petitioner Who is arrayed : as one of the accused in complaint case No. 628 of 2003 has prayed for quashing of theentire criminal prosecution arising out there from including the order dated 27-6-2005 passed by the learned S.D.J.M. Purnea, whereby he has taken cognizance of offences under Section 420 I. P. C. and Section 138 of the Negotiable Instruments Act (hereinafter referred to as 'the N. I. Act').2. The short facts leading to the filing of the complaint is that Shambhu Kumar Arya, the complainant, impleaded as opposite party No. 2 herein, gave a cheque by way of advance of Rs. 4 Lacs in two instalments to the son of the petitioner herein who at the relevant time was in the company of the petitoner and on demand for returning of the sum advanced as loan, the son of the petitioner issued two cheques dated 24-12-2002 and 28-12-2002 both of which bounced. Legal notice from the opposite party No. 2 followed to the petitioner's son.3. It has been submitted ...

Shambhu Paswan Son of Late Maunki Paswan Vs. the State of Bihar and Gu ...

Court: Patna

Reported in: 2009(57)BLJR3034

ORDERAbhijit Sinha, J.1. The petitioner, who is one of the F.I.R. named accused of Naugachhia P.S. Case No. 208 of 2006, has prayed for the quashing of the entire criminal proceedings as against him including the order dated 20.11.2006, passed by the learned Additional Chief Judicial Magistrate, Naugachhia, whereby the petition for his discharge alongwith others has been rejected and they have been directed to be physically present on 21.11.2006 for framing of charge to face the trial.2. One Guddu Sharma, the informant, impleaded herein as O.P. No. 2, gave a typed information to the Deputy Inspector General of Police, Eastern Region, Bhagalpur, inter alia, alleging that one Anil Yadav, is running a 'Gunda Bank' in village-Noniapatti, which is managed by Gorelal Yadav, Prakash Yadav, Sunil Yadav, Satish Yadav and Mani Lal Yadav and Guddu Yadav and that the informant had taken a loan of Rs. 25000/- on 24.11.2005 and a further amount of Rs. 25000/- on 27.11.2005 and for this he was issued...

Shankar Singh Son of Late Nagina Singh and ors. Vs. the State of Bihar ...

Court: Patna

V.N. Sinha, J.1. Heard learned Counsel for the parties.2. Petitioners in these writ applications as also interlocutory applicants had served as candidate peon/daily wagers in the Collectorate at Gopalganj or its attached offices or other government offices, including government schools and hospitals situate within the district of Gopalganj. They had submitted application for being considered for appointment on Class IV post in the light of the Advertisement dated 14.6.2001, as contained in Annexure-3 appended with C.W.J.C. No. 10444 of 2005. After consideration of the case of the applicants, a panel was prepared, which is dated 20.7.2004 and is contained in Annexure-5 appended with C.W.J.C. No. 10444 of 2005. In the light of the panel, Annexure-5, petitioners of C.W.J.C. Nos. 12409 and 13122 of 2005 have been issued with orders of appointment and those orders have been challenged by filing C.W.J.C. No. 10444 of 2005, as contained in Annexures-6 and 7 to the said writ case. It is conten...

Ramesh Chandra Chaturvedi S/O Late Hera Prasad Chaturvedi Vs. the Stat ...

Court: Patna

ORDERAbhijit Sinha, J.1. The complainant of Complainant Case No. 898(C) of 2008 has filed this application for the quashing of the order dated 29.8.2008 passed by Sri Krishna Mohan Srivastava, learned Presiding Judge, Fast Track Court No. I, Patna in Cr. Revision No. 404 of 2008, whereby he has affirmed the order dated 27.5.2008 passed by Sri Habibullah, Judicial Magistrate, First Class, Patna, in the said Complaint Case, whereunder the learned Magistrate had directed the complainant to produce one Abhinav Bhaskar for evidence in the enquiry under Section 202 Cr.P.C.2. It appears that the complainant had filed the said complaint against five persons arrayed as accused therein for commission of offences under Sections 423, 467, 468, 474 and 120B I.P.C. It was alleged therein that the complainant was fraudulently got married to one Prabha on 19.5.1977 under the influence of medicines and after about 15 days following the marriage when her madness was detected, the said fact was brought t...

Radhe Sharma S/O Late Jagdeo Sharma Vs. the State of Bihar Through Dis ...

Court: Patna

Ravi Ranjan, J.1. Heard learned Counsel for the petitioner and learned Counsel appearing on behalf of the State.2. No body appears on behalf of the Respondents No. 4 & 5 though vakalatnama has been filed on their behalf. None appears for Respondent No. 6 despite service of notice.3. The writ petitioner is aggrieved by the order dated 09.10.2002 passed by the Addl. Member, Board of Revenue in Revision Case No. 93/1999 (Annexure-6 herein) whereby the Revisional Court has set aside the appellate order passed by the Collector concerned upholding the order of the original authority (respondent No. 2).4. The writ petitioner filed a pre-emption application under Section 16(3) of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus land) Act, 1961 (hereinafter referred to as 'the Act') claiming to be co-sharer and boundary raiyats of the transferred lands in question, i.e. 7 Katha and 10 Dhur, appertaining to Plot No. 307 of Khata No. 69 of Mauza - Jhanjhara, P.S. Parvat...

J.B. Associates (P) Ltd. a Company Registered Under the Companies Act ...

Court: Patna

Jyoti Saran, J.1. This appeal under Section 260A of the Income Tax Act has been filed on behalf of the assessee-appellant, and is directed against the order dated 31.01.2002 (Annexure-1), passed by the Income Tax Appellate Tribunal, Patna Bench, Patna, in I.T. (S.S.) A. No. 35(Pat)-2001, relatable to the block period 1987-88 to 1997-98, whereby the Tribunal has dismissed the appeal preferred by the appellant, and has affirmed the assessment order dated 30.03.2001 (Annexure-2), passed by the learned assessing authority, the Deputy Commissioner of Income Tax, Central Circle-2, Patna.2. A brief summary of facts leading to the present appeal may be indicated. The appellant company is incorporated under the provisions of the Companies Act, 1956. Though the company was incorporated on 20.01.1995, but returns of Income was not filed in respect of the assessment year 1995-96. On 27th of September, 1996, search operations under Section 132(1) of the Act were conducted in the residential premise...