Patna Court April 2010 Judgments
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Ali Raja Miyan S/O Rojdeen Miyan Vs. the State of Bihar,
Court: Patna
Decided on: Apr-02-2010
Mandhata Singh, J.1. Heard both the parties.2. Prosecution case, in brief, is that informant and his son were involved in sale and purchase of cattle on 12.09.1999. For the purchase of cattle, deceased went to the village Duldulia in the house of the accused Sarfuddin Mian. With the help of Sarfuddin, deceased succeeded to purchase a Calf for Rs. 1100/- from Gayasuddin Mian and a Cow for Rs. 2200/- from Unush Mian. The deceased accompanied the accused Sarfuddin Mian and her daughter, accused Hasbun Nessa with Cow and Calf proceeded for his house at 2.00 pm. When all the three reached near a bridge, the accused Sarfuddin Mian gave a push to the deceased Mustaque due to which he fell down in the river on 17.09.1999 and drowned.3. The informant came to village Duldulia in search of his son interrogated accused Hasbun Nessa whereabouts of the deceased, she disclosed that she along with her father and villagers Azimallah Sah, Noor Alam and Nathu Sah were accompanying the deceased with the C...
Ram Pravesh Rai Son of Late Rameshwar Rai and Ram Dei Devi Wife of Lat ...
Court: Patna
Decided on: Apr-02-2010
S.N. Hussain, J.1. This second appeal has been filed by plaintiffs-appellants-appellants challenging the judgments and decree of both the courts below.2. The matter arises out of Title Suit No. 57 of 1976 which was filed by the plaintiffs-appellants claiming that Bahasu Raut left behind two sons Guljari Ahir and Subedar Ahir out of whom Subedar Ahir had two sons Rameshwar Rai (dead) and Maheshwar Rai (defendant No. 1). Plaintiffs are the son and widow of Rameshwar Rai, whereas defendant No. 1 Maheshwar Rai had four sons, namely Mewalal and others. It was further claimed by the plaintiffs that there was separation between Rameshwar Rai and Maheshwar Rai, but the property remained joint and there was no partition by metes and bounds. It was also claimed that Rameshwar Rai being insane due to paralysis, the said suit was filed by his son Ram Pravesh Rai, but the said Rameshwar Rai intervened in the suit and was impleaded on 03.05.1978 by the court as defendant No. 2, but subsequently the ...
Shiv Shankar Prasad Son of Chandeshwar Prasad, Vs. the State of Bihar ...
Court: Patna
Decided on: Apr-02-2010
Sheema Ali Khan, J.1. Heard learned Counsel for the petitioners, the Opposite Party No. 2 and the A.P.P. appearing on behalf of the State.2. This application has been filed challenging the order 07.11.2007 passed in Complaint Case No. 253 of 2007 by which the Sub Divisional Judicial Magistrate, Raxaul at Motihari, East Champaran has taken cognizance for the offences under Sections 498A, 406, 379 & 376 of the Indian Penal Code and Section 4 of the Dowry Prohibition Act.3. This Court is not entering into the merits of the allegation. The only question that has to be decided is the territorial jurisdiction where the complaint lies. According to the complaint petition, the occurrence took placed in the matrimonial home of Opposite Party No. 2 which is at Sitamarhi. The occurrence with respect to which it is said that the Opposite Party No. 2 was allegedly ravished by her brother-in-law Gopal Prasad took place at Bettiah. No part of the occurrence has taken place at Motihari inasmuch the ma...
Ali Raja Miyan, S/O Rojdeen Miyan Vs. the State of Bihar,
Court: Patna
Decided on: Apr-02-2010
Mandhata Singh, J.1. Heard both the parties.2. Prosecution case, in brief, is that informant and his son were involved in sale and purchase of cattle on 12.09.1999. For the purchase of cattle, deceased went to the village Duldulia in the house of the accused Sarfuddin Mian. With the help of Sarfuddin, deceased succeeded to purchase a Calf for Rs. 1100/- from Gayasuddin Mian and a Cow for Rs. 2200/- from Unush Mian. The deceased accompanied the accused Sarfuddin Mian and her daughter, accused Hasbun Nessa with Cow and Calf proceeded for his house at 2.00 pm. When all the three reached near a bridge, the accused Sarfuddin Mian gave a push to the deceased Mustaque due a to which he fell down in the river on 17.09.1999 and drowned.3. The informant came to village Duldulia in search of his son interrogated accused Hasbun Nessa whereabouts of the deceased, she disclosed that she along with her father and villagers Azimallah Sah, Noor Alam and Nathu Sah were accompanying the deceased with the...
Mallick Asghar Hashmi Son of Sadique Hashmi Vs. the State of Bihar and ...
Court: Patna
Decided on: Apr-02-2010
Rakesh Kumar, J.1. When this case was earlier called out on 25.3.2010, none appeared on behalf of the petitioner. It was indicated in order dated 25.3.2010 that the petitioner is enjoying the stay order in respect of cognizance since 9.2.1999. However, the case was ordered to be listed on 29th March, 2010. It was also made it clear that if on that next again, none appears on behalf of the petitioner, this petition will be finally disposed of on the basis of materials available on the record.2. Today, again on repeated call, none has come forward either to press the petition or to make a prayer for adjournment. It appears that after obtaining an order of stay, the petitioner has lost his interest in the present case.3. While invoking inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, the petitioner has prayed for quashing of the order dated 20.11.1995 passed by Sri V.K. Shukla, Judicial Magistrate, 1st Class, Gaya in connection with Complaint Case N...
Bharat Sugar Mills Limited, Vs. Bihar State Agriculture Marketing Boar ...
Court: Patna
Decided on: Apr-01-2010
Ajay Kumar Tripathi, J.1. The factual matrix and the legal position are no longer in dispute since certain developments have taken place during the pendency of the writ applications.2. The issue is whether the respondent Bihar State Marketing Board while exercising power under the Bihar Agriculture Produce Market Act can levy market fee on purchase of sugar cane and sale of sugar and molasses effected by the Sugar Factories of Bihar.3. The protracted litigation initiated at the level of High Court travelled to the Hon`ble Supreme Court. Matter was finally heard by a Constitution Bench and the opinion rendered by the Court is the case of Belsund Sugar Co. Ltd. v. State of Bihar and Ors. : (1999) 9 SCC 620.4. The Court need not delve into all the reasons which have come to be given by the Hon`ble Supreme Court as it is more concerned with the final finding. The final finding is that the Market Committee or Committees do not have the requisite power to levy market fee in so far as the Sug...
Badri Thakur, Son of Late Hari Thakur Vs. the Bihar State Electricity ...
Court: Patna
Decided on: Apr-01-2010
V.N. Sinha, J.1. Heard learned Counsel for the petitioner and the counsel for the Bihar State Electricity Board (hereinafter referred to as the 'Board') who has filed the counter affidavit in compliance of the orders of this Court dated 23.12.2008 which is taken on record.2. Petitioner at the relevant time was serving as a Junior Engineer in the Grid Sub-Station at Begusarai. He has filed this writ application questioning the legality of the resolution of the Board dated 12.5.1997, Annexure-17, whereunder he has been dismissed after concluding a departmental proceeding initiated against him, Sri M.K.Verma, the Assistant Executive Engineer and Sri Braj Kishore Prasad, Senior Store Keeper. The memo of charge is dated 20.12.1988 (Annexure-11) which was served on the petitioner under resolution of the Board bearing No. 1404 dated 21.12.1988 perusal whereof indicates that there was theft of transformer valves and transformer oil from two numbers of 20 MVA transformer at Grid sub-station, Be...
Nanhaki Mian Son of AmIn Mian Vs. the State of Bihar
Court: Patna
Decided on: Apr-01-2010
S.K. Sharma and D.K. Singh, JJ.1. The sole appellant, Nanhaki Mian, has preferred this appeal against the judgment of conviction and order of sentence dated 19.08.2005 and 23.08.2005 respectively in Sessions Trial No. 237 of 2003 passed by the Additional Sessions Judge, F.T.C. III, West Champaran, Bettiah, by which the appellant was found guilty under Section 302 of the Indian Penal Code and 27 of the Arms Act. He was convicted and sentenced to undergo imprisonment for life and to pay a fine of Rs. 10,000/- and in default of making fine he was to further undergo rigorous imprisonment for one year. He was further convicted and sentenced under Section 27 of the Arms Act to undergo rigorous imprisonment for three years and to pay a fine of Rs. 2,000/- and in default of making fine he was ordered to undergo further rigorous imprisonment for three months. Both the sentences were ordered to be run concurrently.2. Exhibit-1 is the basis of the prosecution case, which is fardbeyan of P.W.7, th...
The Union of India (Uoi), Through the Controller General of Defence Ac ...
Court: Patna
Decided on: Apr-01-2010
Kishore K. Mandal, J.1. The present writ application is directed against the order dated 10th August, 1999, passed by Central Administrative Tribunal, Patna Bench (for short the Tribunal), in O.A. No. 322 of 1994, whereby the said application preferred by sole respondent herein has been allowed, and the authorities have been directed to give the original applicant (sole respondent), all the benefits of promotion to the cadre of Senior Accounts Officer in the scale of Rs. 2000-4000, w.e.f. 18.5.1990.2. A brief statement of facts essential for the disposal of the present writ application may be indicated. The respondent herein was serving as the Accounts Officer in the Defence Accounts Department, Ministry of Defence (finance), in the pay- scale of Rs. 2375-3500, on being promoted to the said post and scale by an office order No. 172, dated 3.6.1987. The Government of India, Ministry of Finance, Department of Expenditure, issued an office memorandum dated 22.9.1992 (Annexure-2), by which...
Ramadhar Singh S/O Sri Deonandan Songh, Deceased and ors. Vs. Ram Nara ...
Court: Patna
Decided on: Apr-01-2010
Navaniti Prasad Singh, J.1. This case has a chequered history. The petitioners field objection petition for release of their lands , in question, from the effect of attachment and sale by Court, which objection was registered as Miscellaneous Case being Misc. Case No. 28 of 1977, which was dismissed by learned Sub Judge, 1st, Jehanabad, by order dated 18.8.1987. Being aggrieved by dismissal of their objection , they filed the present civil revision application. Civil Revision application upon contest was allowed by this Court by judgment and order dated 15.2.1991. In the said judgment this Court held that transmission of attachment order, which was attached prior to attachment by a Court in one Sessions Court to another Subordinate Court under another District Court instead of being routed through other District judge was in contravention to Section 136 of Civil Procedure Code and that being so, the attachment prior to judgment being invalid. The sale of the property, in question, whic...
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