Patna Court June 2010 Judgments
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AtIn Kumar Chowdhury. Vs. the State of Bihar, and anr.
Court: Patna
Decided on: Jun-24-2010
1. Rakesh Kumar, J. The sole petitioner, while invoking inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, has prayed for quashing of the order dated 1.9.1998 passed by Sri G.S.R. Tripathi, Judicial Magistrate, 1st Class, Gaya in Complaint Case No.344 of 1998, whereby the learned Magistrate has taken cognizance of offences under Section 420 and 406 of the Indian Penal Code against the petitioner and others. The petitioner has also prayed for quashing of the entire proceeding against him in Complaint Case No.344 of 1998.2. After filing of the present petition, a supplementary affidavit was filed on behalf of the petitioner clarifying the position that the complaint case was transferred under Section 192 (1) of the Code of Criminal Procedure by order dated 30.6.1998 passed by the learned Chief Judicial Magistrate, Gaya for disposal to the file of Sri G.S.R. Tripathi, 1st Class, Gaya. The transferry court after recording statement of complainant on S....
Anil Kumar Mahto, and ors. Vs. the State of Bihar, and ors.
Court: Patna
Decided on: Jun-24-2010
1. Ajay Kumar Tripathi,J There are five petitioners before this Court. According to them, they had successfully made it to the select list or panel of candidates, who were to be appointed on the post of VLW in the district of Madhubani. The advertisement in question was issued way back on 27.12.1993 and there were many a candidates including the present petitioners. The 1993 advertisement culminated into final selection, according to the petitioners, only on 27.1.2001 as would be evident from Annexure-15 to the writ application. The present petitioners belong to other districts of the State and not to the district of Madhubani. This fact has relevance to the present dispute. When the joining of these petitioners was not taken, they decided to file a civil writ namely, CWJC No. 7348 of 2002. Learned single Judge disposed of the writ application vide order dated 25.11.2002, which is Annexure-11 to the writ application.2. Pursuant to the said observation anddirection, contained in Annexur...
Syed Md. Abdus Samad. Vs. Md. Kalimuddin, and ors.
Court: Patna
Decided on: Jun-24-2010
1. The prosecution case was that on 11.4.1988 at 4:30 P.M., the O.P. No.1 forcibly entered into a room of the disputed house premises which was in possession of the appellant/complainant Syed Md. Abdus Samad who is now dead and his heirs are on record and that when the complainant had protested to it he was jostled away by the O.P. No.1. The complainant had claimed his title and possession over the land on the basis of purchase of house premises from one Md. Hasan @ Anju by virtue of a sale deed dated 14.12.1966 and both the parties were on acute litigating terms and several civil cases were admittedly pending between them and during trial, lot of papers were proved before the trial court in connection with those cases between the parties. 2. In support of his case, the appellant/complainant had cited as many as nine witnesses in the complaint petition and they were stated to be the neighbours of the locality. But during trial which was commenced in the year 1998, the complainant exami...
Dr. C.R.Bhansali, and anr. Vs. the State of Bihar, and anr.
Court: Patna
Decided on: Jun-24-2010
1. Rakesh Kumar, J. Two petitioners, while invoking inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, have prayed for quashing of entire criminal proceeding including the order dated 17.11.1997 passed by the learned Chief Judicial Magistrate, Sasaram (Rohtas) in Complaint Case No. 919 of 1997. By the order dated 17.11.1997, the learned Chief Judicial Magistrate has taken cognizance of the offences under Sections 406, 420 and 120B of the Indian Penal Code against the accused persons including the two petitioners.2. Short fact of the case is that Opp.Party no.2 filed a complaint vide Complaint Case No.919 of 2997 before the learned Chief Judicial Magistrate, Sasaram ( Rohtas) disclosing therein that he was employee of the Civil Court and did savings from his salary . He had made a fixed deposit in Swarna Deposit Scheme of M/S CRB Capital Markets Ltd., Mumbai. It was disclosed in the complaint petition that on 25.9.1996 he had made two deposits of Rs...
Vijay Kumar. Vs. the State of Bihar, and anr.
Court: Patna
Decided on: Jun-24-2010
1. Rakesh Kumar,J. The sole petitioner, while invoking inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, has prayed for quashing of order dated 28th June, 1997/1st July, 1997 passed by Shri Vimal Kumar, Judicial Magistrate, Patna in Complaint Case No.647 (C) of 1997. By the said order, the learned Magistrate has taken cognizance of the offence under Sections 406, 420, 467 and 471 of the Indian Penal Code and directed for issuance of process against the petitioner.2. Short fact of the case is that theopposite party no.2 on 5.6.1997 filed a complaint in the court of Chief Judicial Magistrate, Patna, which was registered as Complaint Case No.647(C) of 1997. In the complaint petition, he discloses that he was an independent Investment Advisor and also doing his Computer business having its office in 101, Ashiana Tower, Exhibition Road, Patna. The petitioner was doing business in the name of A.B. Export, having its office at 511, Ashiana Tower, Exhibit...
M/S Riga Sugar Company Limited. Vs. the State of Bihar, and ors.
Court: Patna
Decided on: Jun-23-2010
1. Shiva Kirti Singh, J. These seven writ petitions have been treated as analogous matters and heard together because they raise common issues by challenging the vires of Bihar Molasses (Control) (Amendment and Validation) Act, 1999 (Hereinafter referred to as the Validating Act) published in the official gazette on 10.01.2000. Petitioners have also sought for quashing of various demand notices issued pursuant to the aforesaid Validating Act by which they have been directed to pay administrative charges for the molasses consumed by them in their captive distilleries (in case of those petitioners who have sugar mills along with captive distilleries) or for the molasses lifted by them from various sugar mills during the period 1995-2000. In some of the writ petitions interlocutory applications have been filed for refund of administrative charges already paid pursuant to the Validating Act.2. The issues falling for determination in these cases are mainly issues of law. The relevant facts ...
New Swadeshi Distillery. Vs. the State of Bihar, and ors.
Court: Patna
Decided on: Jun-23-2010
1. Shiva Kirti Singh, J. These seven writ petitions have been treated as analogous matters and heard together because they raise common issues by challenging the vires of Bihar Molasses (Control) (Amendment and Validation) Act, 1999 (Hereinafter referred to as the Validating Act) published in the official gazette on 10.01.2000. Petitioners have also sought for quashing of various demand notices issued pursuant to the aforesaid Validating Act by which they have been directed to pay administrative charges for the molasses consumed by them in their captive distilleries (in case of those petitioners who have sugar mills along with captive distilleries) or for the molasses lifted by them from various sugar mills during the period 1995-2000. In some of the writ petitions interlocutory applications have been filed for refund of administrative charges already paid pursuant to the Validating Act.2. The issues falling for determination in these cases are mainly issues of law. The relevant facts ...
Ramashraya Sahni @ Bhagat Ji. Vs. State of Bihar.
Court: Patna
Decided on: Jun-23-2010
1. Gopal Prasad, J. These six criminal appeals have been heard together where in Cr. Misc. (DB) No. 446 of 2002, preferred by the appellants Ramashraya Sahni @ Bhagat Ji, Cr. Appeal (DB) No. 467 of 2002 Satrughan Rai @ Sudan, Cr. Appeal (DB) No. 477 of 2002 Mohan Mahto, Ramashray Roy and Ram Chandra Mahto, Cr. Appeal (DB) No. 489 of 2002 Mohit Sahani @ Mohit Sahni, Ram Udgar Sahani and Ram Jatan Mahto, Cr. Appeal (DB) No. 512 Shankar Mahto, Shivajee Mahto and Dukhiya Mahto and Cr. Appeal (DB) No. 521 of 2002 Siy Mahto. All the appellants have been convicted under Section 302 / 34 of the Indian Penal Code and have been sentenced to undergo rigorous imprisonment for life and a fine of Rs.5,000/- each and in default of fine to further go rigorous imprisonment for one year. Further, again the appellants Dukhiya Mahto and Ram Jatan Mahto have been sentenced to undergo rigorous imprisonment for three years for conviction under Section 148 of the Indian Penal Code and other appellants have be...
Satrughan Rai @ Sudan. Vs. State of Bihar.
Court: Patna
Decided on: Jun-23-2010
1. Gopal Prasad, J. These six criminal appeals have been heard together where in Cr. Misc. (DB) No. 446 of 2002, preferred by the appellants Ramashraya Sahni @ Bhagat Ji, Cr. Appeal (DB) No. 467 of 2002 Satrughan Rai @ Sudan, Cr. Appeal (DB) No. 477 of 2002 Mohan Mahto, Ramashray Roy and Ram Chandra Mahto, Cr. Appeal (DB) No. 489 of 2002 Mohit Sahani @ Mohit Sahni, Ram Udgar Sahani and Ram Jatan Mahto, Cr. Appeal (DB) No. 512 Shankar Mahto, Shivajee Mahto and Dukhiya Mahto and Cr. Appeal (DB) No. 521 of 2002 Siy Mahto. All the appellants have been convicted under Section 302 / 34 of the Indian Penal Code and have been sentenced to undergo rigorous imprisonment for life and a fine of Rs.5,000/- each and in default of fine to further go rigorous imprisonment for one year. Further, again the appellants Dukhiya Mahto and Ram Jatan Mahto have been sentenced to undergo rigorous imprisonment for three years for conviction under Section 148 of the Indian Penal Code and other appellants have be...
Siya Mahto. Vs. State of Bihar.
Court: Patna
Decided on: Jun-23-2010
1. Gopal Prasad, J. These six criminal appeals have been heard together where in Cr. Misc. (DB) No. 446 of 2002, preferred by the appellants Ramashraya Sahni @ Bhagat Ji, Cr. Appeal (DB) No. 467 of 2002 Satrughan Rai @ Sudan, Cr. Appeal (DB) No. 477 of 2002 Mohan Mahto, Ramashray Roy and Ram Chandra Mahto, Cr. Appeal (DB) No. 489 of 2002 Mohit Sahani @ Mohit Sahni, Ram Udgar Sahani and Ram Jatan Mahto, Cr. Appeal (DB) No. 512 Shankar Mahto, Shivajee Mahto and Dukhiya Mahto and Cr. Appeal (DB) No. 521 of 2002 Siy Mahto. All the appellants have been convicted under Section 302 / 34 of the Indian Penal Code and have been sentenced to undergo rigorous imprisonment for life and a fine of Rs.5,000/- each and in default of fine to further go rigorous imprisonment for one year. Further, again the appellants Dukhiya Mahto and Ram Jatan Mahto have been sentenced to undergo rigorous imprisonment for three years for conviction under Section 148 of the Indian Penal Code and other appellants have be...
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