Patna Court August 2009 Judgments
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Animesh Kumar Rai @ Guddu Rai@ Animesh Kumar S/O Late Manan Prasad Rai ...
Court: Patna
Decided on: Aug-24-2009
Ajay Kumar Tripathi, J.1. The origin of the present writ application is an order dated 29.9.2007 passed by learned Munsif-cum- Election Tribunal, Gopalganj in Election Petition No. 2 of 2006.2. By virtue of this order the Election Tribunal has directed the Returning Officer to bring all the ballot boxes containing ballot papers of Grampanchayat Raj Siswan for the purpose of verification and recounting of votes cast in the said election on the basis of the allegation made in the election petition filed by respondent No. 7, Biresh Rai. The impugned order therefore is annexure-4 which is the subject matter of challenge in the present writ application.3. The basic fact is that the petitioner is the Mukhiya who was returned candidate on the declaration of the result after counting. Private respondent No. 7 lost election by 99 votes and he decided to challenge the result and the election of the present petitioner by filing Election Petition No. 2 of 2006 before learned Munsif, Gopalganj who ...
Ramesh Prasad Verma Son of Late Amresh Prasad Verma Vs. the State of B ...
Court: Patna
Decided on: Aug-21-2009
S.K. Katriar and Jyoti Saran, JJ.1. These two appeals arise out of a common judgment and order dated 17.2.2002 passed by a learned Single Judge of this Court, in C.W.J.C. Nos. 1254 of 2002 and C.W.J.C. No. 2072 of 2002, whereby the writ petitions have been dismissed and the order passed by the learned appellate authority has been upheld. Common issues of facts and law are involved in these appeals and are, therefore, being disposed of by a common judgment.2. We take up L.P.A. No. 793 of 2002, first and the facts shall be drawn from C.W.J.C. No. 1254 of 2002 giving rise to the present appeal, except by specific reference to any other proceeding. A brief statement of facts essential for disposal of the appeal may be indicated. The petitioner had taken a lease for a period of ten years for the period 1992 and December 2002 under the Bihar Minor Mineral Concession Rules, 1972 (hereinafter referred to as 'BMMC Rules'). The period of lease had expired in December 2002 and has not been renewe...
Shiv Kant Son of Sri Subhash Chand Vs. the State of Bihar Through the ...
Court: Patna
Decided on: Aug-21-2009
P.K. Misra, C.J. and Shiva Kirti Singh, J.1. Heard Mr. Basant Kumar Choudhary, Senior Advocate for the petitioner, Mr. Rana Ishwar Chandra for the State and Mr. Amish Kumar for respondent No. 2.2. The present writ petitioner is admittedly employed as Civil Judge Class I (Senior Division) in Madhya Pradesh. He, pursuant to an advertisement for appointment by direct recruitment to the post of District Judge in the State of Bihar from Bar, made an application. He was initially allowed to appear in the examination and became successful. However, subsequently it was found that he was not eligible as he was in judicial service in Madhya Pradesh and his result has been cancelled. The said order is being impugned in the present writ petition.3. Learned Counsel for the petitioner has contended with much vehemence but less conviction that keeping in view Article 233(2) of Constitution of India the petitioner was eligible inasmuch as it cannot be said that he was in services of the Union of India...
Shiv Nandan Keshari Son of Late Doman Prasad and ors. Vs. the State of ...
Court: Patna
Decided on: Aug-20-2009
ORDERAbhijit Sinha, J.1. The six petitioners who have been named as accused in the F.I.R. of Harnaut P.S. Case No. 110 of 2005 have prayed for quashing of the order dated 12.1.2007 passed therein by learned Chief Judicial Magistrate, Nalanda at Biharsharif whereby he has taken cognizance against the petitioners under Sections 323, 504, 406, 420/34 I.P.C. as also Section 3/4 of the Dowry Prohibition Act.2. The aforesaid case was registered on the basis of a written report submitted by one Suman Kumar on 12.6.2005 inter alia alleging that he had negotiated the marriage of his sister Neelam Kumari with Anand Madhav @ Dablu in the year 2004 and he had given Rs. 2,05,001/- in two installments to Nawalji towards expenses to be incurred at the marriage and for purchase of goods at the house of his Sarhu Ramakant Sinha of village Rupaspur P.S. Harnaut. It is further alleged that when he went in March, 2004 to the house of Nawalji along with three members of his family to fix the date of the ma...
Sulena Devi @ Sunaina Devi, Wife of Durga Prasad Singh and Vs. the Sta ...
Court: Patna
Decided on: Aug-20-2009
ORDERAbjihit Sinha, J.1. The two petitioners, who have been named in the F.I.R. of Bihra P.S. Case No. 120 of 2005, have prayed for the quashing of the entire criminal proceedings, so far as they are concerned, including the order dated 4.10.2007 passed therein by the learned Chief Judicial Magistrate, Saharsa, whereby cognizance has been taken against them for offences under Sections 364/34 I.P.C.2. Briefly stated a compliant bearing No. 833(C) of 2005 was filed by one Nirmal Das, impleaded herein as O.P. No. 2, alleging commission of offences under Sections 364/120-B I.P.C. by the accused persons named therein from 13.3.2005 upto date. The said complaint was transmitted to the concerned police station under Section 156(3) Cr.P.C. and on the basis thereof the instant police case came to be registered.3. It has been stated in the complaint that the petitioners and other accused persons are pretty influential in the village. It has further been stated that the husband of petitioner No. ...
Vinay Kumar Sharma Son of Sri Surendra Sharma and ors. Vs. Reshma Devi ...
Court: Patna
Decided on: Aug-20-2009
ORDERAbhijit Sinha, J.1. This revision at the instance of the five heirs and legal representatives of deceased sole applicant of Probate Case No. 33 of 2003 is directed against the order dated 31.5.2007 passed by the learned 1st Additional District Judge, Vaishali at Hajipur, whereby their prayer for being substituted in place of the deceased sole applicant by virtue of being her heirs and legal representatives has been rejected on the ground that there is no provision for substitution of legal heirs in place of the deceased applicant in probate cases filed by the sole executor named in the Will and has also been pleased to drop the probate case.2. The original applicant, Indrashan Devi filed the said Probate Case on the basis of a registered Will dated 23.12.1998 purported to have been executed in her favour by one Ram Jatan Singh in respect of his entire property. However, during the pendency of the said proceeding the sole applicant died on 9.2.2005 leaving behind the present petiti...
Mumtaz Bano Arzoo W/O Md. Ishtayaque, Vs. the State of Bihar and Shahi ...
Court: Patna
Decided on: Aug-20-2009
ORDERAbhijit Sinha, J.1. The three of the F.I.R. named accused of Bahadurpur P.S. Case No. 96 of 2006 have prayed for the quashing of the order dated 25.5.2007 passed therein by the learned Chief Judicial Magistrate, Darbhanga, whereby he has taken cognizance of offences under Sections 498, 406, 379/34 I.P.C. and 3/4 of the Dowry Prohibition Act.2. One Shahista Usmani, the complainant, impleaded herein as Opp.Party No. 2, filed Complaint Case No. 625 of 2006 inter alia alleging commission of offences under Sections 498, 406, 379/34 I.P.C. and 3/4 of the Dowry Prohibition Act at the hands of the accused continuously from 20.6.2004. The said complaint was transmitted to the concerned Police Station under Section 156(3) Cr.P.C. on the basis whereof instant complaint case came registered.3. Briefly stated the prosecution case in brief is that the complainant/informant was married to Hasnain Azim on 28.6.2004 and Mahar was fixed at Rs. 1,11,786/-. Several ornaments of gold and silver worth ...
Asgar Ali Son of Md. Suleman Vs. the Vaishali Kshetriya GramIn Bank Th ...
Court: Patna
Decided on: Aug-20-2009
Sudhir Kumar Katriar, J.1. The Petitioner of C.W.J.C. No. 11416 of 1999 (Asgar Ali v. the Vaishali Kshetriya Gramin Bank and Ors.), has preferred this appeal under Clause 10 of the Letters Patent of the High Court of Judicature at Patna, and is aggrieved by the order dated 29.6.2001, passed by a learned Single Judge of this Court, whereby the writ petition has been dismissed, the departmental proceeding as well as the order of punishment of dismissal from service against the petitioner (appellant herein) has been upheld.2. A brief statement of facts essential for the disposal of the appeal may be indicated. The writ petitioner was, at the relevant point of time, posted as Clerk -cum- Cashier at Pehsaul Branch, district Muzaffarpur of the respondent Bank. The Bank suspected embezzlement and breach of trust at the hands of the appellant and issued a letter in the nature of show-cause to him, calling him upon to explain his position. The appellant had submitted his reply dated 16.2.1995 (...
Dhananjay Pandey @ Dhananjay Kumar Pandey, Son of Girija Nandan Pandey ...
Court: Patna
Decided on: Aug-19-2009
ORDERAbhijit Sinha, J.1. The petitioner, who is not named in the F.I.R. of Kadamkuan P.S. Case No. 1047 of 2006 but whose name cropped up subsequently in course of investigation but against whom final form was submitted by the police after investigation and notwithstanding the same the learned Chief Judicial Magistrate differing from the final form has taken cognizance under Sections 364-A, 302, 201 and 120-B I.P.C. as also Section 27 of the Arms Act, has prayed through this application for quashing of the same.2. The submission on behalf of the petitioner is that he was neither named in the F.I.R. nor has any of the witnesses examined in course of investigation disclosed his name as one of the participants in the crime. It is further submitted that the only material available against this petitioner in the whole of the case diary is paragraph-127 of the case diary wherein the S.D.P.O. (Sadar), Patna and the S.I.-cum- Officer Incharge, Kankarbagh, informed the Investigating Officer, th...
Ram Anandi Sahni Son of Late Panchu Sahni Vs. the State of Bihar Throu ...
Court: Patna
Decided on: Aug-19-2009
ORDERRamesh Kumar Datta, J.1. The petitioner has come to this Court for quashing of the order dated 25.8.2008 passed by Munsif-I, Vaishali at Hajipur in Election Case No. 28/2006 by which he has directed the Returning Officer, Vaishali to make proper arrangement for recounting of votes in the Court within a period of one month of the order.2. The petitioner is Mukhiya of Paura Madan Singh Gram Panchayat on which post he was elected on 15.5.2006. The said election was challenged by filing the aforesaid Election Case No. 28/2006 by respondent No. 3. It was stated in the election petition that after the election on 15.5.2006 counting of the votes took place on 19.6.2006 which was carried on in two rooms of the school on 14 tables with respect to the post of Mukhiya. It was alleged that the counting officials made a lot of manipulations at the time of counting and counted as many as ten votes in favour of respondent No. 1-writ petitioner which had been polled in favour of the election peti...
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