Patna Court August 2010 Judgments
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Shama Devi, and anr. Vs. State of Bihar.
Court: Patna
Decided on: Aug-09-2010
Two female petitioners, while invoking inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, have prayed for quashing of an order dated 5.1.2001 passed by the learned Chief Judicial Magistrate, Nalanda at Biharsharif in Manpur P.S. Case No. 46 of 2000, G.R. No.1916 of 2000, Tr.No.125 of 2001. By the said order, the learned Chief Judicial Magistrate has taken cognizance of offences under Sections 341, 323, 324, 325, 307, 504/34 of the Indian Penal Code.2. In the case, on the basis of fardbeyan of one Raj Kumar Yadav, an F.I.R. was lodged against seven named accused persons for offences under Sections 448, 341, 323, 324, 380, 504/34 of the Indian Penal Code, which was numbered as Manpur P.S. Case No.46 of 2000. After registering the F.I.R., police investigated the same. However, during the investigation, no sufficient material was collected and the Investigating Officer, while submitting chargesheet against five accused persons to face trial, exonerated...
Raj Nandan Singh. Vs. State of Bihar, and anr.
Court: Patna
Decided on: Aug-09-2010
he 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 3.5.2000 passed by the Additional Sessions Judge, IIIrd, Sitamarhi in Cr. Revision No.11 of 1997/15 of 1998. By the said order, the learned Additional Sessions Judge had confirmed the order dated 12.12.1996 passed by the Sub Divisional Magistrate, Sadar, Sitamarhi in Case No.2071 of 1996 under Section 145 of the Code of Criminal Procedure.2. Short fact of the case is that the opposite party no.2 on 9.12.1996 filed a petition before the court of Sub Divisional Magistrate, Sadar, Sitamarhi with a prayer to initiate a proceeding under Section 145 of the Code of Criminal Procedure against the petitioner and two others over the land appertaining to R.S. Khata No.205, R.S. Plot No.1774, measuring an area of 8 decimals and R.S. Khata No.63, R.S. Plot No.1614, measuring an area of 77 decimals. It was disclosed in the petition file...
M/S Essar Bihar Finance, and anr. Vs. State of Bihar, and anr.
Court: Patna
Decided on: Aug-09-2010
1. Heard learned counsel for the Petitioners and Additional Public Prosecutor for the State. During course of argument, it is submitted that Bakshi Rasik Bihari Sinha @ Bhaskar Rasik Bihari Sinha is now no more, who was earlier representing petitioner no. 1, M/S Essar Bihar Finance & Savings Priviate Limited, which now being represented by his wife, petitioner no. 2 being solitary surviving partner.2. This is an application under Section 482 Cr.P.C. seeking quashing of order dated 21.12.2004 passed in Criminal Revision No. 246 of 2004 by the Vth Additional Sessions Judge, Patna, preferred against order dated 25.03.2004 passed by Sri Sanjay Kumar Singh, Judicial Magistrate, 1st Class, Patna in Complaint Case No. 347(C)/1999 to 356(C)/99, refusing to recall process issued under Sections 82/83 Cr.P.C. against the petitioner.3. In short, the undisputed fact is that opposite party no. 2 had lodged all the ten complaint cases against the petitioners for non-filing of the returns in the presc...
Sk. Baksullah, and ors. Vs. State of Bihar, and anr.
Court: Patna
Decided on: Aug-09-2010
1. Four petitioners, while invoking inherent jurisdiction of this court under section 482 of the Code of Criminal Procedure, have prayed for quashing of an order dated 30.11.2000 passed in Tr. No.1150 of 2000 by learned Sub. Divisional Judicial Magistrate, Bagaha, West Champaran. By the said order, the learned Magistrate has taken cognizance of the offences under sections 143 and 379 of the Indian Penal Code and summoned the petitioners to face trial.2. Aggrieved with the order of cognizance, the petitioners have approached this court by filing the present petition. On 4.2.2002, while issuing notice to opposite party no.2, this court had directed that until further orders, further proceedings in the court below shall remain stayed and order of stay is still continuing.3. Despite the fact that opposite party no.2 has entered appearance, at the time of hearing none has appeared on his behalf.4. Short fact of the case is that opposite party no.2 filed a written complaint on 12.12.1993 bef...
The State of Bihar. Vs. Mohamad Jafer Alam.
Court: Patna
Decided on: Aug-07-2010
(1) This First Appeal has been filed by the State of Bihar against the judgment and award dated 19.09.1994 passed by Sri J.P.Singh, the learned Subordinate Judge-cum-Land Acquisition Judge, Muzaffarpur in Land Acquisition Case No. 263 of 1981. (2) It appears that for the purpose of extension of North Bihar Industrial Area, Bela Chapra, Muzaffarpur, the lands of this respondent along with others were acquired and the notification under Section 4 of the L.A. Act was published on 01.03.1979. Three awards were prepared by the Land Acquisition Officer. This respondent and other claimants being dissatisfied with the award of the Collector filed objection under Section 18 of the L.A. Act and the said objection were referred to the Land Acquisition Judge. Three Land Acquisition Cases were initiated being Land Acquisition Case No. 253 of 1981, 263 of 1981 and 260 of 1981. By this common judgment, the Land Acquisition Judge enhanced the compensation regarding the lands of the respondents and oth...
Sunil GarodiA. Vs. State of Bihar.
Court: Patna
Decided on: Aug-06-2010
1. Heard learned counsel for the petitioner and Additional Public Prosecutor for the State.2. This application has been filed under Section 482 Cr.P.C. seeking quashing of order dated 25.07.1997 passed by Special Judge, Essential Commodities Act, Patna in Special Case No. 1 of 1997, taking cognizance under Section 7 of the Essential Commodities Act, 1955.3. Admittedly the Drug Inspector, Patna lodged the complaint against the petitioner, stating therein that M/S Bishwanath Balkrishna, Bhagwati Laxmi Bazar Chowk, Patna City purchased a formulation in question that Tetracycline Eyeointment - 3 gm, Batch No. T-10- 207 & T-10-208, manufactured by Pilco Pharma Pvt. Ltd. From M/S Gulati Enterprises (accused no. 2 non-petitioner) against Invoice No. E-34 dated 15.5.1995 @ Rs. Twenty One per box containing twenty tubes, minus seven percent discount and special discount of seven percent thereof, that comes to Rs. Eighteen, Paise Six for twenty tubes (photocopy of purchased invoice was annexed a...
Priya Ranjan ShrivastavA. Vs. the State of Bihar.
Court: Patna
Decided on: Aug-06-2010
1. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.2. Supplementary affidavit has been filed on behalf of the petitioner.3. This is an application under Section 482 of the Criminal Procedure Code seeking quashing of order dated 18.12.2002 passed by learned Chief Judicial Magistrate, Bhagalpur in Tilakmanjhi Bhagalpur P.S. Case No. 113/2002, non-First Information Report Case no. 02/2002, taking cognizance for the offences under Section 182, 211 of the Indian Penal Code against the petitioner.4. Admittedly, at the instance of the petitioner Kotwali P.S.Case No. 446/2001 under section 341, 342, 323, 379, 504/34 of the Indian Penal Code was instituted wherein police after investigation not only submitted final form but also recommended action to be taken against informant under section 182,211 of the Indian Penal Code for which separate prayer was to be made.5. The Petitioner filed protest petition against such submission on final form but af...
Sri Rajendra Mahto. Vs. Sri Ram Nandan Singh, and ors.
Court: Patna
Decided on: Aug-05-2010
1. The defendant appellant has filed this first appeal against the Judgment dated 4.12.1990 and the decree signed on 17.12.1990 by Sri Balmiki Prasad Sinha, the learned Ist Subordinate Judge, Danapur, in Title Suit No.62 of 1988 decreeing the plaintiff respondents' suit for specific performance.2. The plaintiff respondents' case, in short, is that on 28.10.1985 the parties entered into an agreement for sale of the suit property for a consideration amount of Rs.3,42,400/-. Rs.50,000/- was paid as earnest money and the balance consideration amount of Rs.2,92,400/- was to be paid at the time of registration of the sale deed. The sale deed was to be executed before 30.6.1986. It was stipulated that if the sale deed is not executed within the sand period the plaintiff will have the right to file a suit for specific performance and if the plaintiff failed to get the sale deed executed within the stipulated period the amount of advance money shall stand forfeited. At the time of agreement the...
Arjun Prasad. Vs. Shri Paras Nath Yadav.
Court: Patna
Decided on: Aug-04-2010
1. This civil revision has been filed by the defendant-petitioner under the Proviso to sub-section (8) of Section 14 of the Bihar Buildings (Lease, Rent & Eviction) Control Act, 1982 (hereinafter referred to as 'the Act' for the sake of brevity) challenging the order of his eviction passed by Munsif-III, Patna vide judgment and decree dated 07.09.2009 in Eviction Suit No.61 of 1999.2. The aforesaid suit was filed by the sole plaintiff-opposite party for eviction of the sole defendant-petitioner from a shop katra and a room in Holding No.151/119, Circle No.20, Ward No.13, Plot No.589, sheet No.62, situated at Mohalla Gulab Bagh, under Kadamkuan police station within Patna district detailed in Schedule-I of the plaint for the following reliefs:- (a) Decree for eviction of defendant in favour of the plaintiff directing the defendant to vacate the premises in suit within the time fixed.(b) Cost of the suit awarded in favour of the plaintiff against the defendant.(c) Any other relief or rel...
Gopal Rai Khemka, and ors. Vs. State of Bihar, and ors.
Court: Patna
Decided on: Aug-04-2010
1. Heard learned counsel for the petitioners and learned counsel for all the opposite parties.2. This is an application for quashing of the entire proceeding pending in the court of the Chief Judicial Magistrate, Patna in Pirbabore P.S. Case No. 82/2004 and also the first information report filed by respondent no.3 before the Officer Incharge, Pirbahore Police Station, Patna under the provisions of section 40(3)(d) of the Bihar Finance Act, 1981 (hereinafter called the Act) read with section 409 of the Indian Penal Code.3. It is admitted case that petitioners deals with paper distribution business and they were assessed to pay some taxes for the assessment years 1999-2002, 2002-2003 and a sum of Rs. 2,59,85,947.85 paise was lying due towards the tax assessed by the department. Claim was made against the petitioner who sought exemption submitted representation before the appropriate authority; ultimately, matter went to final authority deciding the facts i.e. Commercial Taxes Appellate ...
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