Patna Court July 2009 Judgments

Ram Bilash Singh Son of Late Deolagan Singh Vs. the State of Bihar

Court: Patna

ORDERAbhijit Sinha, J.1. The informant of Daudnagar P.S. Case No. 144 of 2005, G.R.No. 1531 of 2005 , has filed this application for quashing of part of the order dated 5.7.2006 passed by the learned Chief Judicial Magistrate, Aurangabad , whereby he has sent the said Daudnagar Police Case to the Lok Adalat.2. The grievance of the petitioner is that the said case was registered under Sections 143, 379, 427 I.P.C. against nine persons named in the F.I.R. and a protest petition was pending therein, but on 5.7.2006 final report along with case diary was received and orders were made to issue notice to the informant fixing 28.9.2006 by the Incharge Chief Judicial Magistrate, Aurangabad and notwithstanding the same, by a subsequent order of the same date under the signature of the learned Chief Judicial Magistrate, Aurangabad , the case was directed to be transmitted to the Lok Adalat.3. The submission on behalf of the petitioner is that it will appear from the perusal of the certified copy...

In Re: Hatwa Metals and Tubes Limited (In Liquidation)

Court: Patna

Ramesh Kumar Datta, J.I.A. No. 1145/2009:1. The interlocutory application has been filed for a direction to the Bokaro/Santhal Pargana Industrial Area Development Authority to transfer the leasehold land in the name of M/s. Anmol Feeds Pvt. Ltd. to enable it to get it registered with the Industry Department and also for auction sale to be completed and further to set aside/quash the office order Nos. 530 and 1086/D dated 17.5.2007 and 18.11.2003 respectively and further to direct the Official Liquidator to consider the claim of the Bokaro/Santhal Pargana Industrial Area Development Authority.2. M/s. Anmol Feeds Pvt. Ltd. (the applicant-company) is the auction purchaser of the assets (free of all encumbrances) of M/s. Hathwa Metal & Tubes Ltd. (in liquidation) located at Jasidih Industrial Area, District-Deoghar within the present State of Jharkhand. The auction sale was confirmed in favour of the applicant-company by order dated 31.5.2007 of this Court. Thereafter the deed of assignmen...

Mr. Subejan Son of Late Md. Ishaque Vs. the Union of India (Uoi) Throu ...

Court: Patna

S.K. Katriar and Jyoti Saran, JJ.1. Heard Mr. Ashok Kumar Choudhary for the petitioner, and Mr. Ashok Kumar Keshari for the respondents. This writ petition is directed against the order dated 9.12.2005, passed by the Central Administrative Tribunal, Patna Bench, Patna, in O.A. No. 750 of 2001 (Md. Subejan v. The Union of India and Ors.), whereby the petitioner's application for declaration that 3.10.1941 is his correct date of birth, has been rejected. The Tribunal has held that 3.3.1936 is his correct date of birth and, therefore, the impugned notice dated 22.01.2001 (Annexure-6), informing him of his retirement on 2.3.2001, on attaining the age of 65 years, has been upheld.2. According to the petitioner, he had joined as Extra Departmental Delivery Agent/Mail Carrier (hereinafter referred to as EDDA), Bhawanipur, on 25.8.1958. At the time of his entry into service, he had represented to the respondent authorities that he was born on 3.10.1941. EDDA superannuate on attaining 65 years ...

Madhulika Vs. the State of Bihar and ors.

Court: Patna

Ajay Kumar Tripathi, J.1. Heard learned Counsel for the petitioner, for the State as well as the learned Counsel for the State Election Commission.2. Challenge in the present writ application is to the order dated 8th May, 2009 which has been passed in Election Petition No. 1 of 2007 by the court of Sub-Judge 2nd, Biharsharif at Nalanda.3. Contention of learned Counsel for the petitioner is that it is a case of improper acceptance of nomination paper on the ground that the State Election Commission in its general notice issued in Daily Newspaper Hindustan had laid down few guidelines with regard to who shall be a voter for the purpose of election of Nagar Parishad. It is indicated therein that a person cannot be a voter for more than one place and the person cannot be a voter if his name is registered in the Panchayat. Contention of the petitioner is that contrary to this direction of the State Election Commission the nomination of the candidate in question came to be accepted which am...

Kamal Kishore Prasad Vs. the Union of India (Uoi)

Court: Patna

Reported in: 2010CriLJ184

ORDERSheema Ali Khan, J.1. Appellant Kamal Kishore Prasad, who was working as an Executive Engineer in the Central Public Works Department, has been charged and convicted under Section 161 of the Penal Code and Section 5(ii) read with Section 5(i)(d) of the Prevention of Corruption Act, 1947.2. The prosecution case, in short, is that the complainant Jitai Kewat filed a petition before the Superintendent of Police (C.B.I.), Patna makihg an allegation to the effect that the accused Kamal Kishore Prasad who was working as Executive Engineer Electrical, General Electrical Division, Boring Road, Patna had demanded Rs. 200/- for passing a bill. The genuineness of the complaint was verified. A trap team consisting of C.B.I. personnel and two independent witnesses including the complainant was formed and it is alleged that the appellant was caught red handed while taking a bribe of Rs. 200/- from the complainant. The notes which were treated with phenolphthalein powder were recovered from the ...

Eqwal Alam @ Akwal Alam @ Eqbal Alam and anr. Etc. Vs. State of Bihar

Court: Patna

Reported in: 2009CriLJ4171

Sheema Ali Khan, J.1. In Cr. Appeal No. 442 of 2004, Eqwal Alam @ Akwal Alam @ Eqbal Alam and Md. Shahid are the appellants. These two appellants are brothers-in-laws of the victim lady. The husband Masroor Alam is the appellant in Cr. Appeal No. 552 of 2004. Masroor Alam along with his brothers have been convicted to undergo sentence of 10 years under Section 304-B/34, 2 years under Section 498A/34 and 7 years under Section 328/34 of the Indian Penal Code. Appellant Masroor Alam is in custody for 4 years and 11 months.2. The allegation in the First Information Report is that Masroor Alam was demanding a Rajdoot Motorcycle from the informant and his father by way of dowry.3. The prosecution case in short is that the informant Zainul Haque received information through the brother of Matlub Alam that his sister is very unwell at Gaya. He also received information that they were in Gaya, thus he along with his father rushed to Gaya where they found Naseema Khatoon in the house of her fath...

Chandshwar Rai Son of Late Bhubneshwar Rai Vs. the State of Bihar Thro ...

Court: Patna

Navaniti Prasad Singh, J.1. The petitioner was Section Officer-cum-Development Officer of the Begusarai Central Cooperative Bank Limited and challenges Annexure-1 being the order of the Managing Director dated 19.07.2007 by which he was intimated that he would be retiring on 31.07.2007 on completion of 58 years of age and directing him to hand over charge to another as a consequence thereof.2. Counter affidavits have been filed and with consent of parties, the writ application is being disposed of after hearing at this stage itself.3. The principal challenge of the petitioner is based on the fact that on 24.03.2005, the State Government amended the Bihar Service Rules, namely, Rule 73 and provided for superannuation of State Government employees at the age of 60 years instead of 58 years earlier provided. It appears that at that time, the Begusarai District Central Cooperative Bank was under supersession and the District Magistrate -cum- Collector, Begusarai was acting as the Administr...

Jairam Sharma Son of Late Devi Singh and Vijay Kumar Son of Sri Jairam ...

Court: Patna

Reported in: 2009(57)BLJR2993

Sheema Ali Khan, J.1. The petitioners in this case are aggrieved by order, dated 3.1.2008 passed by the Judicial Magistrate, Patna by which cognizance for the offence under Section 138 of the Negotiable Instruments Act, 1881 has been taken.2. Shorn of all the details the only question to be decided in this case is whether the accused-petitioners should be heard if the complaint is filed beyond the time prescribed for filing the complaint under Section 142(b) of the Negotiable Instruments Act ('the Act; hereinafter). Section 142 of the Act reads as follows:Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974).- (a) no court shall take cognizance of any offence punishable under Section 138 except upon a complaint, in writing, made by the payee or, as the case may be, the holder in due course of the cheque;(b) such complaint is made within one month of the date on which the cause of action arises under Clause (c) of the proviso to Section 138. Provided tha...

Anil Kumar Nirala and Manoj Kumar Both Sons of Ram Krishna Prasad Vs. ...

Court: Patna

ORDERAbhijit Sinha, J.1. The two F.I.R. named accused of Jandaha P.S. Case No. 29 of 2001 registered under Section 47(A) of the Bihar Excise Act have prayed for the quashing of the order dated 18.8.2006 passed therein by Sri A.K. Pandey, Judicial Magistrate, 1st Class, Hajipur, whereby he has rejected the petition filed by the petitioners for their discharge.2. The prosecution case in brief is that the Officer Incharge, Jandaha P.S. on receipt of confidential information along with a posse of policemen raided the wine shop premises of the petitioners running in the name and style of 'Chhalakta Jaam' at about 3.30 P.M. on 7.3.2001 and in course thereof from a back room of the premises recovered 115 cartoons of various brands of foreign liquor. Finding the same to be at variance with the stock register produced by the petitioners, who at the relevant were present in the premises, all the cartoons with their contents of foreign liquor were seized under a seizure list and the petitioners w...

Moti Lal Mahto S/O Late Jharilal Mahto and Smt. Anita Kumari W/O of Dh ...

Court: Patna

Ajay Kumar Tripathi, J.1. Petitioner wants quashing of the order dated 27.10.2005 passed by learned Judicial Magistrate, 1st Class, Dalsingsarai in connection with T. R. No. 1126 of 2007 which arose out of Angarghat P.S. Case No. 21 of 2004. Cognizance has been taken against the petitioner under Sections 420, 466, 468, 471 and 474/34 of the Indian Penal Code.2. One Durga Prasad Singh, Pramukh of Ujiarpur Block gave a written statement to the Officer Incharge of Angarghat Police Station which is letter No. 30 dated 6.7.2004 stating therein that he has been informed by Mukhiya of Chaita Gram Panchayat that some interpolation has been done by the two petitioners in marking the attendance register at the Additional Primary Health Centre, Chaita. The above discrepancy came to light on inspection made by Mukhiya and he informed the above wrong doing of the petitioners to the Pramukh. It is also alleged that on 11th June, 2004 the informant had himself inspected the Health Centre and he found...