Patna Court August 2009 Judgments

Achint Kumar Lal @ Achinta Kumar Lal Son of Late Prof. Shiv Chandra La ...

Court: Patna

Sheema Ali Khan, J.1. Heard learned Counsel for the petitioner and the counsel representing the Central Bureau of Investigation.2. In this case, the petitioner at the relevant time was the Engineer-in-Chief when the bitumen scam came to light. He has moved this Court for quashing the order, dated 26.8.2008 passed by learned Special Judge, Central Bureau of Investigation, North Bihar, Patna in Special Case No. 17/1997 whereby his application for discharge under Section 239 of the Code of Criminal Procedure for the offences alleged to have been committed under Sections 120B, 420, 467, 471, 477A and 411 of the Penal Code and Section 13(2) read with (1)(d) of the Prevention of Corruption Act.3. Vide Annexure 3, charge sheet was submitted and the petitioner was sent up for trial in the aforesaid case. The allegations in the F.I.R. are that the petitioner along with others mentioned at para 2 of the charge sheet are said to have entered into a criminal conspiracy to do illegal acts or legal ...

Rajdeo Thakur Son of Late P. Thakur Vs. the Union of India (Uoi) Throu ...

Court: Patna

1. Heard learned Counsel for the petitioner and learned Counsel for the respondents.2. The petitioner is aggrieved by the order dated 4th January, 2008 passed by the Central Administrative Tribunal, Patna Bench, Patna in O.A. No. 122 of 2006 as contained in Annexure-1. By that order the petitioner's application was dismissed after holding that the respondents are justified in refusing pension to the petitioner because he assumed charge in group 'D' post on 9.6.1995 and retired on 31.7.2004 and, therefore, had not completed ten years of qualifying service of a pensionable post.3. The facts necessary for deciding this writ application are not in dispute. The petitioner was working as an Extra Departmental Mail Packer, Chiraiya connected to Motihari Head Office. His date of birth is 10.07.1944. He was appointed as Extra Departmental Mail Packer in the postal department on 24.01.1964. The matter of promotion to the next higher promotional post in group 'D' is governed by the policy decisio...

Sachidanand Mishra Son of Late Ramashish Mishra Vs. Smt. Bimla Devi Sa ...

Court: Patna

Reported in: AIR2010Pat7

S.N. Hussain, J.1. This Civil Revision has been filed by the applicant-petitioner challenging order dated 14.05.2009 by which the learned Munsif, Patna City rejected his application under Order XXI Rule 97 of the Code of Civil Procedure (hereinafter referred to as 'the Code' for the sake of brevity) numbered as Misc. Case No. 08 of 2006 at the stage of admission itself.2. The aforesaid miscellaneous case was filed by the petitioner in Execution Case No. 05 of 2006 for adjudication of the question of right, title and possession on the ground that the decree under execution passed in Eviction Suit No. 02 of 1991 was not executable against the petitioner, who was not a party to the suit, but was in possession of the suit property in his own right.3. This case has a chequered history. It is an admitted fact that the property involved in the aforesaid suit along with other properties belonged to three brothers, namely, Parsuram Das, Hari Das and Awadh Behari Das and after death of Parsuram ...

Ram Kumar Mishra Son of Late Kalicharan Mishra Vs. the State of Bihar ...

Court: Patna

ORDERAbhijit Sinha, J.1. The petitioner who has been arrayed as one of the accused in Complaint Case No. 260 of 2006 has prayed for quashing of the order dated 3.7.2007 passed therein by the learned Sub-Divisional Judicial Magistrate, Bhagalpur, whereby he has taken cognizance against the accused including the petitioner under Sections 504 and 506 (First Part) I.P.C.2. The complainant, Krishna Bhowmick, impleaded as opposite party No. 2 herein, filed the aforesaid complaint inter alia alleging the commission of offences under Sections 420, 467, 468, 471, 323 and 120B I.P.C. at about 8.00 A.M. on 10.2.2006 and prior thereto on 10.2.2006 at the hands of the accused. According to the complainant Snehashish Bhowmick her brother-in-law (Dewar) had taken a loan of Rs.20,000/- from the Central Bank of India, Bhagalpur on 1.10.1987 in the name of his shop running in the name and style of 'Bhowmick General Store' at Chhoti Khanjarpur and her husband Asish Kumar Bhowmick and her other brother-in...

Dadan Singh @ Dadan Pahalwan Son of Late Lal Chand and Kumari Usha Yad ...

Court: Patna

ORDERAbhijit Sinha, J.1. The two petitioners, who are not named in the F.I.R. but whose names cropped up subsequently in course of investigation, have filed this application for the quashing of the order dated 27.10.2007 passed by the learned Chief Judicial Magistrate, Buxar, whereby he has taken cognizance against the petitioners under Section 188, 384, 420 and 120B I.P.C., as also Sections 25(1-B)a, 26, 35, 29 and 30 of the Arms Act in connection with Koransarai P.S. Case No. 42 of 2006, G.R. No. 1847 of 2006.2. The aforesaid case was initially registered under Section 188 I.P.C. and Sections 25(1-B)a, 26 and 35 of the Arms Act against the five persons named in the F.I.R. on the basis of the self-statement of Sub Divisional Police Officer of Dumraon, Sunil Kumar, given at 8.30 A.M. on 12.11.2006. According to the informant while he along with the Sub Divisional Officer, Dumraon and a police party were moving around Dumraon, Subdivision in order to look after the law and order situati...

Bimal Kumar Goddhyan @ Bimal Goddhyan, Vs. the State of Bihar and

Court: Patna

ORDERAbhijit Sinha, J.1. The three petitioners who are Directors of M/S Fatka Refractories Pvt. Ltd., Nirsa Chatti hi the District of Dhanbad and have been arrayed as accused in Complaint Case No. 163(M) of 2002, have prayed for the quashing of the order dated 19.1.2002 passed therein by the learned Chief Judicial Magistrate, Patna, whereby he has taken cognizance of offence under Section 85(a) of the Employees State Insurance Act, 1948 (hereinafter referred to as 'the Act') on the basis of the complaint filed by the Insurance Inspector (Legal), Employees State Insurance Corporation, Regional Office, Dhanbad, impleaded as Opp. Party No. 2 herein.2. The short issue which falls for consideration is whether the said complaint is maintainable before the court of the learned Chief Judicial Magistrate, Patna, and whether the cognizance taken by the said court is without jurisdiction as no part of the alleged offence under the Act took place within the jurisdiction of the learned Chief Judici...

Arun Kumar Jha, Son of Satydeo Jha, Executive Magistrate, Nagar Pancha ...

Court: Patna

ORDERAbhijit Sinha, J.1. The petitioner who has been named as the sole accused in Complaint Case No. 769(C) of 2006 has prayed for the quashing of the order dated 22.12.2006 passed therein by Sri R.K. Shukla, Judicial Magistrate, 1st Class, Buxar, whereby he has taken cognizance against the accused for offences under Sections 323 and 504 IPC and has summoned him to face the trial and the consequential order dated 14.8.2007 passed by Sri Bashistha Narain Singh, learned Presiding Judge, Fast Track Court No. III, Buxar, whereby he has dismissed the Cr. Revision No. 170 of 2006 preferred against the order dated 22.12.2006.2. One Nagendra Nath Tiwary, the complainant, impleaded herein as O.P. No. 2, filed the aforesaid complaint case on 18.9.2006 inter alia alleging that at about 9 A.M. on 14.9.2006 he had gone to the residence of the accused on being summoned by him by virtue of being a Ward Commissioner to discuss remedial measures for the problems concerning his Ward and as soon as he st...

Ray Ajay Shanker Prasad Son of Late Ray Rajeshwar Prasad and ors. Vs. ...

Court: Patna

ORDERAbhijit Sinha, J.1. This application under Section 115 of the Code of Civil Procedure has been filed jointly by the plaintiff and defendant Nos. 1 to 5 of Title Suit No. 84 of 1997 questioning the legality and bonafide of the order dated 12.4.2007 passed in the said suit by Sri A.K. Verma, Subordinate Judge-II, Munger, whereby he has refused to accept the joint compromise petition filed by the plaintiff and defendant Nos. 1 to 5 of the suit and dispose of the same in terms of the compromise.2. It appears that the plaintiff filed the aforesaid suit for partition of the joint family properties against his five brothers who were defendant Nos. 1 to 5 in the suit and are petitioner Nos. 2 to 6 herein. As per the case of the plaintiff-petitioner No. 1, their father Late Ray Rajeshwar Prasad had acquired from his personal funds an area of 3 bighas and 15 kathas of homestead lease hold Khas Mahal land appertaining to khata No. 36, plot Nos. 148 and 149 with a pucca house situated thereup...

Dalip Jolly Son of Sri K.L. Jolly, Managing Director, Fena (P) Ltd. Vs ...

Court: Patna

ORDERAbhijit Sinha, J.1. This application at the instance of one of the named accused of Complaint Case No. 468 of 2005, is for the quashing of the order dated 27.9.2006 passed therein by the learned Chief Judicial Magistrate, Katihar, whereby he has taken cognizance of the offence under Section 406 I.P.C.2. The prosecution case is founded on the complaint filed by one Manish Kumar, impleaded herein as O.P. No. 2, and may be noticed with relative brevity. It is alleged that the complainant being the proprietor of the firm, 'M/s. Luxmi Lata Trading', Katihar was on 4.1.2002 visited in his office by the then Area Sales Manager of Fena (P) Limited (hereinafter referred to as 'the Company') and induced the complainant to deal in products of the company by falsely representing that goods manufactured by the Company are exempted from payment of sales tax and additional tax. It is further alleged that the complainant in view of the assurances given at the conclave and having full faith in the...

Ajay Kumar Son of Sri Sudhir Ram Vs. the State of Bihar Through Its Se ...

Court: Patna

V.N. Sinha, J.1. Heard learned Counsel for the petitioner and the State.2. Petitioner has filed this writ application to direct the controller of Examination, Veer Kunwar Singh University (hereinafter referred to University), respondent No. 3, to publish his result of B.A. Honours Examination as also to grant him the degree/certificate in the light of his result so published. Petitioner was admitted in B.A. Honours (Geography course) in M.P. College, Mohania Kaimur for the Session 2002-2005. The college is an affiliated unit of the University. Petitioner was also registered with the University, his registration No. being 8530/02.3. Having prosecuted his studies, petitioner appeared in the B.A. Honours Geography Part I examination, 2003 held in the month of September, 2003 and having cleared the papers / subjects, he was promoted to Part II. Petitioner appeared in the B.A. Part II Honours examination, 2004 held in the month of June, 2004 but failed in the Honours paper/subject as would ...