Patna Court August 2010 Judgments
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Rameshwar Prasad, and ors. Vs. State of Bihar, and anr.
Court: Patna
Decided on: Aug-11-2010
1. Three petitioners, who are Excise Officials are before this Court, while invoking inherent jurisdiction under Section 482 of the Code of Criminal Procedure with a prayer to quash the order dated 8.9.2000 passed by Shri R.C. Singh, Judicial Magistrate, Ist Class, Gopalganj in Complaint Case No.1006 of 1999/Trial No.1060 of 2000. By the said order, the learned Magistrate has taken cognizance of offence under Sections 323, 427 and 379 of the Indian Penal Code.2. Short fact of the case is that opposite party no.2, who was running a shop of tea and sweets, filed a complaint, which was registered as Complaint Case No.1006 of 1999 in the court of Chief Judicial Magistrate, Gopalganj alleging therein that on the date of occurrence i.e. on 18.6.1999, in the evening at about 5.30 P.M., the petitioners and other police officials stopped on the shop of the complainant, they consumed sweets and also taken tea and thereafter, on demand, they refused to make any payment and further allegation is t...
State of Bihar. Vs. Modem Tools Company, and anr.
Court: Patna
Decided on: Aug-11-2010
1. The defendants have filed this first appeal against the Judgment and Decree dated 20.4.1979 passed by Sri Md.Ziyauddin, learned Subordinate Judge-XI, Patna, in Money Suit No.162 of 1977 decreeing the plaintiff- respondents' money suit in part.2. The plaintiff-respondents filed the aforesaid suit claiming Rs.13051.61 paise including interest on the principal amount of Rs.7,788.55 paise.3. The plaintiffs prayed for the aforesaid relief on the ground that Sri D.P.Yadav, Principal, I.T.I., Hazaribagh, placed six orders for supply of Tools, Welding Goods and other articles. The plaintiffs after accepting the said offer supplied the said articles and raised bill of Rs.7788.55 paise but the defendants did not pay. After serving notice under section 80 C.P.C. this suit was filed.4. On being noticed the appellants who are defendants in the court below appeared and filed written statement contending that the rate of amount claimed by the plaintiffs was found excessive than the prevailing mark...
M/S Pearl Printwell Ltd. Vs. State of Bihar, and anr.
Court: Patna
Decided on: Aug-11-2010
1. Heard learned counsels representing the petitioners in all the four cases and learned Additional Public Prosecutors for opposite party.2. All these four cases have been filed under Section 482 of the Code of Criminal Procedure seeking quashing of order dated 06th February, 2004 passed in Complaint Case no. 322 M of 2004 by the Chief Judicial Magistrate, Patna, taking cognizance against the petitioners for the offences under Sections 25(U) and 29 of the Industrial Dispute Act, 1947 for alleged violation of the provisions under Section 18(3) and Sl. 13 of Schedule 5 B of the said Act, that is, committing unfair labour practice and breach of settlement on Award. The case was transferred for trial to the Court of Sri Sanjay Kumar Singh, Judicial Magistrate, 1st Class, and Patna.3. It is admitted fact that the complaint was filed by Opposite Party no.2, Labour Commissioner, Patna, who had earlier issued letter no.4198 dated 27th August, 2003 against the petitioners relating to implementa...
Mahendra Pd.Singh, and ors. Vs. State of Bihar, and ors.
Court: Patna
Decided on: Aug-10-2010
1. All the petitioners have now retired during the pendency of the writ application. They have retired from the post of Assistant Mining Officer. They filed the writ application in the year 1997 when their request and prayer made to the competent authority to reconsider the date of promotion to the post on a substantive basis was not responded to.2. It is not disputed that vide Notification No. 4790 dated 7.9.1987 and Notification Nos. 2778, 2779 & 2780 dated 18.6.1987, contained in Annexures 4 and 5, petitioners were granted promotion to the post of Assistant Mining Officers. This promotion was given to them on a substantive basis from the date of the notifications which the petitioners term it as arbitrary and discriminatory, especially in the background that the petitioners were granted pay-scale of Assistant Mining Officer from 1.4.1981 and given charge on officiating basis from 14.7.1986 in terms of the notification contained in Annexure-2.3. There are primarily two submissions wh...
Haribansh Rai. Vs. State of Bihar, and ors.
Court: Patna
Decided on: Aug-10-2010
1. Heard learned counsel for the petitioner, and learned Additional Public Prosecutor for the State. None appeared on behalf of opposite party nos. 2 and 3.2. This is an application under section 482 of the Criminal Procedure Code seeking quashing of the order dated 04.02.2006 passed by Shri S.N. Shivhare, Judicial Magistrate, 1st Class, Vaishali, in Complaint Case No. 1850/2002/Tr. No. 1651/2002, taking cognizance for the offences under section 323, 147, 435, 452 and 380 of the Indian Penal Code.3. The Complaint Case bearing no. 1850/2002 was filed on 07.08.2002 by complainant opposite party no.2 against petitioner and ten others (non-petitioners) stating that just two days before on 05.08.2002 at 3 P.M. while the complainant was inside in his house, the accused persons including the petitioner in collusion with each other arrived started assaulting him by slaps and fists and petitioner being accused no.1 took Box kept inside when complainant protested, he again assaulted by others. T...
Raghunath Singh. Vs. State of Bihar.
Court: Patna
Decided on: Aug-10-2010
1. Heard learned counsel for the petitioner and learned counsel appearing on behalf of Vigilance Investigation Bureau.2. The sole petitioner, while invoking inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, has prayed for quashing of an order dated 10th December, 1999 passed by Special Judge, Vigilance, South Bihar, Patna in Special Case No.40 of 1992 arising out of Vigilance P.S. Case No.26 of 1992. By this order, the learned Special Judge had rejected the discharge petition filed on behalf of the petitioner and other two co-accused, namely, Dr. Ram Kumar Himanshu and Biltu Singh. It was a case for offences under Sections 7, 8 and 13 of the Prevention of Corruption Act,1988 read with Section 120B of the Indian Penal Code.3. I have perused the impugned order. The learned Special Judge had dealt with the materials collected during investigation against the petitioner. I do not find any defect in the order of rejection of the discharge petition.4. A...
Arun Kumar. Vs. State of Bihar, and anr.
Court: Patna
Decided on: Aug-10-2010
1. The sole petitioner, while invoking inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, has prayed for quashing of entire proceeding in Complaint Case No.1060(C) of 2000, which was pending in the court of Sri Dinesh Kumar Singh, learned Judicial Magistrate, 1st Class, Patna.2. Short fact of the case is that Opp.Party no.2 filed a complaint, which was registered as Complaint Case No.1060(C) of 2000 arraying the petitioner as accused no.2 in the complaint case. In a nutshell, allegation was made that accused no.1, who is not before this Court, had entered with an agreement to sell his land to the complainant on a total consideration amount of Rs.1, 50,000/- . Before execution of the final sale deed, the complainant made total payment of Rs.1, 26,000/-. Despite persuasion made by the complainant, accused no.1, namely, Yogendra Mahto did not take any step to execute absolute sale deed either in favour of the wife of complainant or in favour of the co...
Radha Shankar SharmA. Vs. State of Bihar, and anr.
Court: Patna
Decided on: Aug-09-2010
1. The sole petitioner, while invoking inherent jurisdiction of this court under section 482 of the Code of Criminal Procedure, has prayed for quashing of an order dated 29.2.1996 passed in Complaint Case No.198 (M) of 1996. By the said order, the learned Magistrate has taken cognizance of offences under sections 420 and 406 of the Indian Penal Code.2. Short fact of the case is that a complaint was filed by the Bihar State Khadi and Village Industries Board (hereinafter referred to as "Khadi Board"), a government of Bihar concern, Gandhi Maidan, Patna through its Development Officer in the court of Chief Judicial Magistrate, Patna, which was registered as Complaint Case No.198(M) of 1996. In the complaint petition it was alleged that the petitioner had participated in a tender invited by Khadi Board for supply of Italian Bee Keeping Boxes made of seasoned Toon wood/Seasam wood and since the petitioner was lowest bidder and he had quoted rate of boxes as Rs.450/each, his tender was acce...
Prabhat Kumar SharmA. Vs. State of Bihar, and anr.
Court: Patna
Decided on: Aug-09-2010
1. Today again, when the case was called out, none appeared on behalf of the petitioner either to press the petition or to make a prayer for adjournment. On 4.8.2010 also, none appeared on behalf of the petitioner, when the case was called out. However, the case was adjourned for a day with an indication that no further adjournment shall be granted. While admitting the case, this Court also noticed that in this case, order of stay was continuing since 19.11.2001.2. The sole petitioner, while invoking inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, has prayed for quashing of an order dated 14.8.2000 passed by Additional Chief Judicial Magistrate, Hilsa, Nalanda in Hilsa P.S. Case No.148 of 1998. By the said order, the learned Magistrate has taken cognizance of offence under Sections 420, 120(B)/34 of the Indian Penal Code and 12(B) of Colliary Control Order, 1945.3. I have perused the materials available on record as well as the impugned order. I...
Shri G.R.Jain. Vs. State of Bihar.
Court: Patna
Decided on: Aug-09-2010
1. Heard learned counsel for the petitioners. There is none on behalf of the Opposite Party despite of waiting for a reasonable period.2. This application under Section 482 of the Code of Criminal Procedure has been preferred by the petitioner seeking quashing of order dated 22nd March, 2001 passed in Complaint Case no. 992 C of 2000 taking cognizance of the offences under Section 406 and 420 of the Indian Penal Code by Sri A.L. Yadav, Judicial Magistrate, First Class, Sasaram, Rohtas,3. The three persons named as accused the petitioner figured at serial no.1` in the complaint petition as Chairman of Chandra Prabhu International. Rest of the two accused persons, non-petitioner are named as office bearers of Aditya Flour Mills Private Limited. As per the complainant, who has the business in the name and style of M/s Laxmi Bhandar, Balidih and as per offer received through accused no.2 and 3 supplied four trucks of wheat worth Rs.4,33,485/- through different permit numbers mentioned in t...
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