Patna Court August 2009 Judgments
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Vijay Kumar Maharaj S/O of Late Dashrath Maharaj and Sukhdeo Parihar S ...
Court: Patna
Decided on: Aug-13-2009
Ajay Kumar Tripathi, J.1. After having heard learned Counsel for the petitioners and learned Counsel representing the private respondents and after having perused the averments made in the counter affidavit which are on record, this Court is of the opinion that np purpose will be served by keeping the writ application pending or passing any interim order on I.A. No. 3712 of 2009.2. Looking at the nature of the dispute between the two parties, the private respondent is claiming that she has right over the land in question since it was settled by the State Government in favour of her husband who is an Ex-Army man whereas the petitioners contend that this is a family property which has been illegally alienated by way of a sale deed in favour of his wife namely, Shakuntala Devi.3. It is not disputed that a Title Suit No. 148 of 1996 has been filed and is being contested between the parties. The anxiety of the present petitioners is that the long pendency of the suit is being misconstrued a...
Wasim Raja Khan @ CaptaIn Son of Late Ali Hasan Khan and Md. Shamsul H ...
Court: Patna
Decided on: Aug-13-2009
ORDERAbhijit Sinha, J.1. This application by the two petitioners, who though named in the F.I.R. but were not sent up for trial, have prayed for the quashing of the order dated 6.11.2006 passed by the learned Presiding Judge, Fast Track Court No. V, Kishanganj, in Sessions Trial No. 319 of 2005, arising out of Kishanganj P.S. Case No. 123 of 2004, whereby they have been summoned under Section 319 Cr.P.C. to face the trial along with the other accused as additional accused.2. The admitted position of the case is that both the petitioners along with others were named in the F.I.R. lodged on 10.7.2004 on which date the occurrence is said to have taken place. On the basis of the F.I.R. Kishanganj P.S. Case No. 123 of 2004 was registered against the six F.I.R. named accused under Sections 307, 379 and other allied Sections of the Penal Code. The police after due investigation submitted a chargesheet only against Md. Salehin and Md. Jainul Abedin and the two petitioners were not sent up for ...
Suraj Kumar Verma Son of Pradeep Kumar Verma Vs. the State of Bihar
Court: Patna
Decided on: Aug-13-2009
ORDERAbhijit Sinha, J.1. The sole accused of Case No. B-III-5 of 2002 has challenged the order dated 9.1.2007 passed by Sri P.K. Prasad, the learned Sub Divisional Judicial Magistrate, Katihar, in a case registered under Section 16 of the Prevention of Food Adulteration Act (hereinafter referred to as 'the Act') by which he has dismissed the petition of discharge filed by the petitioner under Section 245 Cr.P.C.2. The short facts of the case may be noticed briefly. The Food Inspector, Katihar, visited the business premises of the petitioner on 24.7.2002 at around 3 P.M. and having disclosed his identity gave notice to the petitioner and took samples of 450 gms. of aldi powder for the purposes of analyising. The sample was sent by the Food Inspector to the Public Analyst, Bihar, Patna, for analysis. On analysis it was found that the Haldi powder is an adulterated since the same did not conform to the prescribed standards.3. The submissions of the learned Counsel for the petitioner is th...
Vidya Nand Jha @ Bidya Nand Jha, Son of Prayag NaraIn Jha and ors. Vs. ...
Court: Patna
Decided on: Aug-13-2009
ORDERSheema Ali Khan, J.1. Six persons have filed these appeals. Out of which, Narendra Prasad Verma, appellant of Criminal Appeal No. 397 of 2001 died during the pendency of the appeal. The appellants have challenged the judgment passed by the Special Judge, Central Bureau of Investigation, North Bihar, Patna in Special Case No. 08 of 1989 R.S. No. 5A/1989. All the appellants are Government employees except Gyan Prasad Verma. Gyan Prasad Verma, appellant in Criminal Appeal No. 407 of 2001 has been sentenced to undergo rigorous imprisonment for two years under Section 120B read with 420 of the Indian Penal Code, rigorous imprisonment for two years under Section 467 of the Indian Penal Code and rigorous imprisonment for two years under Section 468 of the Indian Penal Code.2. Vidyanand Jha, appellant in Criminal Appeal No. 391 of 2001 has been sentenced to undergo rigorous imprisonment for two years each under Section 120B, 420, 467 & 468 of the Indian Penal Code and rigorous imprisonmen...
Suresh Rai Son of Late Sheo NaraIn Rai Vs. the State of Bihar
Court: Patna
Decided on: Aug-12-2009
Abhijit Sinha, J.1. The deceased, Meena Devi, wedded to Suresh Rai, the appellant herein, died in her matrimonial home within seven years of her marriage, otherwise then under normal circumstances, allegedly for the failure of her father to cater to the additional demand of a Television set and Rs. 10,000/- in cash as dowry. Bishwanath Prasad, brother of deceased Meena Devi allegedly on witnessing the death of his sister gave his fardbeyan at 5.30 A.M. on 1.10.1989, on the basis whereof Patna (Gardanibagh) P.S. Case No. 545 of 1989 came to be registered under Section 302/34 I.P.C. and Sections 3/4 of the Dowry Prohibition Act.2. In the resultant Sessions Trial, the appellant herein along with his brother Umesh Rai and mother Fulwa Devi were charged under Section 304B/34 I.P.C. for committing dowry death of his wife Meena Devi in furtherance of their common intention. They were further charged under Section 4 of the Dowry Prohibition Act for demanding further dowry of Rs. 10,000/- and a...
Swami Narendra Brahmachari S/O Shri Badri Prasad Tiwari Representing Y ...
Court: Patna
Decided on: Aug-12-2009
Ajay Kumar Tripathi, J.1. Heard learned Counsel for the petitioner and learned Counsel for the State.2. Petitioner wants quashing of the proceedings and the order which have been passed by the civil court in Execution Case No. 1 of 2000 after 22.5.2008 after Section 43 of the Bihar Hindu Religious Trust Act as amended by the Bihar Act No. 1 of 2007 came into effect.3. Looking at the submission which has been made on the questions of law on behalf of the petitioner by learned Senior counsel, the details of the facts may not be noted in this order. Primarily, however it is apparent that a long dispute over a trust property is going on between the parties concerned which was initiated by way of a Title Suit No. 22/1966/73 initially filed by one Chandramani Das. The suit in question finally came to be decreed and for execution of the said decree Execution Case No. 1 of 2000 came to be filed before the court. Execution court finally ousted the petitioner from the property in question on the...
Rajesh Kumar Singh Son of Ram Sakal Singh Vs. the State of Bihar,
Court: Patna
Decided on: Aug-12-2009
Sheema Ali Khan, J.1. Heard learned Counsel for the parties.2. The petitioner has challenged the order, dated 10.9.2008 passed by learned Executive Magistrate, Udwantnagar PS case No. 48/2006 whereby his application to drop the proceeding under Section 146(1) of the Code of Criminal Procedure ('the Code' hereinafter) has been rejected.3. The facts of the case are there is a brick kiln situated on khata No. 18, plot No. 718 and khata No. 1200, plot No. 719 which is the cause of dispute between the parties.4. Opposite parties 2, 3 and 4 being partners started the business of brick kiln. The petitioner after paying Rs. 10 lakhs took possession of the brick kiln on the basis of an agreement executed between them for a period of twelve years. An application was filed on 21.2.2006 before the Executive Magistrate, Ara by opposite Party No. 2 against opposite Party No. 3 for institution of a proceeding under Section 144 of the Code. The Executive Magistrate called for a report from Udwantnagar...
Md. Abu Zafar Son of Late Md. Abbas, Vs. the State of Bihar and ors.
Court: Patna
Decided on: Aug-11-2009
Jyoti Saran, J.1. It is an appeal under Clause 10 of the Letters Patent of the High Court of Judicature at Patna. It is with respect to the judgment and order dated 6.7.1999, passed by the learned Single Judge of this Court in C.W.J.C. No. 4475 of 1998 (The Managing Committee of Madarsa Islamia Fatahul Muslemeen v. The State of Bihar and Ors.), whereby the learned Single Judge while allowing the writ petition was inter alia pleased to hold that the Madarsa Board had no power to interfere in matters relating to termination/dismissal of service of the employees of the Madarsa. We shall go by the description of the parties and annexures as per the writ proceedings unless otherwise clarified by specific reference.2. The writ petition bearing C.W.J.C. No. 4475 of 1998 was filed by the Managing Committee of Madarsa Islamia Fatahul Muslemeen at Sheohar in the District of Sheohar (respondent No. 7 in appeal), questioning the legality and validity of the order dated 13.4.1998 (Annexure-12), pas...
NavIn Thakur Son of Late Hari Kant Thakur Vs. the State of Bihar and o ...
Court: Patna
Decided on: Aug-11-2009
Ajay Kumar Tripathi, J.1. Initially when the writ application was filed by the petitioner he was erstwhile Mukhiya of Jajuar village in the district of Muzaffarpur. The challenge was to the notice issued by the Director, Panchayat Raj under Section 18(5) of the Bihar Panchayat Raj Act, 2006. But during the pendency of the writ application a final order removing the petitioner from the post has been passed by the Principal Secretary, Panchayati Raj, Govt. of Bihar, which is dated 18.3.2009 and is also now under challenge by way of I.A. No. 1812 of 2009. The impugned order, therefore, is annexure-5.2. Section 18(5) of the act states as under:Without prejudice to the provisions under this Act, if, in opinion of the Commissioner having territorial jurisdiction over the Gram Panchayat, a Mukhiya or an Up-Mukhiya of Gram Panchayat absents himself without sufficient cause for more than three consecutive meetings or sittings or willfully omits or refuses to perform his duties and functions und...
Arrah Montessori School Through Its Secretary, Ranjit Bahadur Singh So ...
Court: Patna
Decided on: Aug-10-2009
ORDERRamesh Kumar Datta, J.1. The petitioner seeks a direction for quashing of the order dated 18.7.2005 as contained in memo No. 1681 dated 3.11.2005 (Annexure-11) issued under the signature of the Joint Secretary, Revenue and Land Reforms Department, Government of Bihar by which the application of the petitioner for renewal of its lease has been rejected and the lease has been cancelled and the authorities have been directed to take steps for resumption of the concerned land, as also the letter bearing memo No. 888 dated 12.11.2007 (Annexure-13) issued by the Deputy Collector, Land Reforms-cum- Khas Mahal Officer, Sadar Ara whereby the petitioner has been directed to pay an amount of Rs. 52,50,000/- for using the land for commercial purpose for a period of seven years in an unauthorized manner and also directing the petitioner to vacate the land forthwith.2. The short facts leading up to the present writ petition are that the petitioner, Arrah Montessori School was established in the...
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