Patna Court July 2009 Judgments

Raj Kumar Das Son of Late Basudev Das Vs. State of Bihar and Shyam Sun ...

Court: Patna

Reported in: 2009(57)BLJR2995

ORDERAbhijit Sinha, J.1. The petitioner who has been arrayed as the sole accused in Complaint Case No. 1127 of 2001 has prayed for the quashing of the order dated 6.3.2003 passed therein by Sri Dhananjay Kumar, Judicial Magistrate, 1st Class, Hajipur, whereby he has taken cognizance under Section 406 IPC as also Section 138 of the Negotiable Instrument Act (hereinafter referred to as 'N.I. Act') against the petitioner.2. The prosecution case is based on the complaint petition filed on 5.7.2001 by one Shyam Sundar Sharma, impleaded herein as O.P. No. 2, alleging the commission of offences under Sections 420 and 406 IPC as also Section 138 N.I. Act at the hands of the petitioner on 24.9.2000, 22.3.2001 and 23.6.2001. According to the complainant he had developed good relationship with the accused and by reason thereof they were on visiting terms. The complainant alleged that the accused was employed in carrying on business in trucks and requested for a loan of Rs. 50,000/- which the comp...

Smt. Anita Devi @ Smt. Chandra Kala Devi Wife of Sant Atma Ram, the Mu ...

Court: Patna

Ajay Kumar Tripathi, J.1. Heard learned Counsel for the petitioner and learned Counsel for the State.2. The Court is constrained to record that despite categorical direction issued on 30.4.2009 the District Panchayat Raj Padadhikari, Siwan has not bothered to file counter affidavit in the matter and explain the position. The act of the District Panchayat Officer is hereby deprecated because the proceeding has been held back all the months and the direction has not been complied with by the concerned State Authority.3. Initially the writ application in question came to be filed by the petitioner, namely, Smt. Anita Devi @ Smt. Chandra Kala Devi because by virtue of the direction issued by the so called Panchayat Raj Officer the operation of the Bank Account No. 7012 came to be stopped. Certain allegations were made against the petitioner that she was operating two Bank Accounts, one in the name of Chandra Kala Devi earlier as a Secretary of the Schools and thereafter other in the name o...

Md. Arman Son of Hafiz Aftab Ahmad Vs. the State of Bihar Through the ...

Court: Patna

Reported in: 2009(57)BLJR3046

V.N. Sinha, J.1. Heard the learned Counsel for the petitioner and the learned Advocate General for the Bihar Staff Selection Commission (hereinafter referred to as the Commission). In compliance of my order dated 7.7.2009, learned Counsel for the Commission has produced the copy of the newspaper in which notice dated 13.10.2007 was published which is taken on record.2. Petitioner has filed this writ application for a direction to the Commission to consider his case as a most backward class (Annxure-1) candidate for appointment on the post of Sub Inspector of Police pursuant to Advertisement No. 704 of 2004. Such prayer is being refuted by the Commission on the ground that while applying for the post in response to the advertisement petitioner had indicated in the application form his reservation category B.C. i.e. backward class. In support of such fact, petitioner filed certificate dated 24.7.2002 of the Sub Divisional Officer which indicated that he is Kasab by caste. The application...

infrastructure Development Authority, a Government of Bihar Undertakin ...

Court: Patna

Reported in: [2010]321ITR278(Patna)

S.K. Singh, A.C.J. and Anjana Prakash, J.1. Heard the parties.2. It is the case of the petitioner that this Authority (petitioner) was constituted on 21st April, 2006 under the Bihar State Infrastructure Development Enabling Act, 2006 for the purpose of acting as the nodal Agency of the State for developing the basic infrastructure in the State of Bihar. It is accepted to be a facilitator in public Private partnership projects.3. Annexure-1 to the writ petition is not in dispute and it shows that a Certificate No. 131 dated 31st March, 2008 under Section 197(1) of the Income Tax Act, 1961 was issued by Assistant Commissioner, of Income Tax Circle-I, Patna. It was valid for the financial year 2007-08 till 31st March 2008. The amount of interest over fixed deposit receipts shown to be Rs. 13,50,73,205 payable by the Branch Manager, UCO Bank, Exhibition Road Branch, Patna, was the subject matter of the Certificate. The prayer of the petitioner made to the competent Authority under Section...

Bibi Fatma Widow of Late Abdul Samad Vs. Naresh Sah Son of Govind Sah ...

Court: Patna

Reported in: 2009(57)BLJR3001

ORDERSheema Ali Khan, J.1. The plaintiff-appellant has filed this second appeal against the judgment of affirmance. The substantial question of law which arise in this appeal are as follows:1. Whether the courts below were justified in holding that Ext. B/1 the alleged sale deed dated 23.6.80 in favour of defendant-respondent No. 2 was executed by Mostt. Gujja w/o Late Natu Mian, when defendants witnesses themselves admitted that Mostt. Gujja died 7-8 years before the death of her husband Natu Mian, who had died much before 1980?2. Whether in absence of any mutation or receipt in the names of Natu Mian and Mostt. Gujja since after 1956, the lower courts legally held that they were alive and that the latter had a share in the suit property?3. Whether the courts below were justified in relying upon the sale deeds of defendants both dated 23.6.80 (Ext. B and B/1), which were subsequent to the plaintiffs registered deed dated 4.6.1980 (Ext. 2)?4. Whether the entry in the Revisional Survey ...

Maurya Realtors (P) Ltd. Vs. Union of India (Uoi) and ors.

Court: Patna

Reported in: (2009)226CTR(Pat)615

1. Heard Mr. Vikash Jain for the petitioner and Mr. Harshvardhan Prasad as well as Ms. Archana Sinha for the respondents. Both the writ petitions raise common issues and are, therefore, being disposed of by a common order.2. C.W.J.C. No. 4152 of 2009 is with respect to the asst. yr. 2000-01. It is directed against the notice dt. 27th June, 2008 (Annex. 1), issued under the signature of respondent No. 3 in terms of Section 148 of the IT Act, 1961 (hereinafter referred to as 'the Act'), informing the petitioner of initiation of reassessment proceedings and to submit return. It is also directed against the order dt. 13th Oct., 2008 (Annex. 4), whereby respondent No. 3 has rejected the petitioner's objection to Annex. 1, and has held that there is no defect in the notice and the reassessment proceedings have been rightly initiated. The petitioner also challenges the notice dt. 9th Jan., 2009 (Annex. 5), issued by respondent No. 3, to produce documents/papers stated therein.3. A brief state...

The State of Bihar Vs. Ram Kumar Choudhary and anr.

Court: Patna

Reported in: 2009(57)BLJR3056

Navin Sinha, J.1. The present two Appeals arise out of the judgment and order of conviction dated 10.1.2008 of the Additional Sessions Judge, (Fast Track Court No. 5), Banka in Sessions Trial No. 024/2000. The appellants in Cr. Appeal No. 63/08 were found guilty and have been sentenced to capital punishment under Section 302/34 of I.P.C. giving rise to Death reference case No. 4/08. The appellants in Cr. Appeal No. 166/08, likewise, have been sentenced to undergo life imprisonment under Section 302/34 of I.P.C. Appellant No. 1 in the latter appeal is stated to have been deceased during pendency of the appeal on 15.6.2009, as stated on oath by his son. The appeal, therefore, abates against the deceased appellant only.2. The prosecution case was initiated on the Fardbayan of P.W.3, Ramanand Choudhary, son of the deceased Nakul Prasad Choudhary recorded at village Dera, by the Sub-inspector, Banka police station on 28.8.1999 at about 10.15 p.m. He stated that he was returning to his villa...

Radhakant Rai Son of Late Panchhi Rai, Vs. the State of Bihar and

Court: Patna

ORDERAbhijit Sinha, J.1. Four of the eight F.I.R. named accused of Barauni P.S. Case No. 65 of 1998 committed to the Court of Sessions along with others for facing trial in Sessions Trial No. 205 of 1998 have prayed for the quashing of the order dated 3.1.2008 passed in the said Sessions Trial by the learned Presiding Judge, Fast Track Court No. III, Begusarai, whereby he has rejected the petition filed by these petitioners under Section 227 Cr.P.C. for their discharge. An additional prayer has been made for quashing the order dated 18.6.1998 passed by the learned Chief Judicial Magistrate, Begusarai, whereby he had summoned these petitioners to face trial for the commission of offence under Section 302 I.P.C. although they were allegedly not sent up for trial.2. Before I embark on the merit of the instant application I would like to clarify the legal position in respect of making of two prayers in one application. Admittedly, under the Rules, only one prayer is permissible in one appl...

Mathura Prasad @ Mathura Yadav Son of Late Jagrup Yadav Vs. the State ...

Court: Patna

ORDERAbhijit Sinha, J.1. The petitioner, who is the informant of Bihar (Soh Sarai) P.S. Case No. 35 of 2006 giving rise to Sessions Trial No. 651 of 2006, has prayed for setting aside the order dated 7.3.2007 passed in the said Sessions Trial by Sri Mohan Prasad, learned Presiding Judge, Fast Track Court No. I, Nalanda at Biharsharif, whereby he has discharged Opp.Party Nos. 2 and 3 herein from the charges of Sections 363, 366A and 120B I.P.C.2. It appears that the informant Mathura Prasad @ Mathura Yadav submitted a written report dated 1.2.2006 before the Officer Incharge of Soh Sarai Police Station inter alia stating that he had three sons and two daughters of whom his elder daughter was married and the younger daughter Sony Kumari @ Anjali, who was unmarried lived with him in his house and pursued her studies. It is alleged that accused Sanjay Yadav, who is the brother-in-law (Sala) of his younger son Anuj Kumar and lived with his father at Soh Sarai where he runs a S.T.D. Booth, w...

Ranjit Kumar @ Gautam Son of Sri Damodar Prasad @ Rameshwar Prasad Vs. ...

Court: Patna

ORDERAbhijit Sinha, J.1. The petitioner one of the First Information Report named accused of Makhdumpur P.S. Case No. 85 of 2007 has prayed for quashing of the entire prosecution case including the order dated 24.9.2007 passed therein by Sri Raj Kishore Pandey, Judicial Magistrate, Ist Class, Jehanabad, whereby he has taken cognizance under Sections 363, 366A, 372, 376/34 of the Indian Penal Code against the petitioner and a few others.2. The aforesaid case was initially registered under Sections 363, 366A and 372 of the Indian Penal Code against two persons named in the First Information Report including the petitioner, on the basis of a written report submitted by one Md. Shoaib Khan who alleged that his daughter Kahkasha Khanam @ Chandani aged about 12-13 years at about 6 A.M. on 11.4.2007 having informed her mother went to the Government Girls Middle School, Tehta, to bring her pass marksheet but had not returned till the evening whereupon he searched for her in Tehta and being una...