Patna Court February 2011 Judgments
State of Bihar. Vs. Ahsanul Hoda, and ors.
Court: Patna
Decided on: Feb-11-2011
(1) The State of Bihar being aggrieved by the judgment and award dated 14.06.2004 passed by Land Acquisition Judge, Banka in Land Acquisition Reference Case No.21 of 1988 filed this First Appeal. By the impugned judgment and award, the learned Land Acquisition Judge has fixed the market value of the land acquired at Rs.250 per decimal and thereby enhanced the compensation awarded by the Land Acquisition Officer. The learned Court below also awarded Rs.10,000 for damages of standing crops besides the Statutory benefits.(2) The claimant-respondent's land measuring 3 acre 54 decimal was acquired by the State of Bihar for the purpose of "Orni Reservoir" in Land Acquisition Case No.76 of 1981-82. Notification under Section 4 of the Land Acquisition Act was published on 16.09.1983. The Collector made the award on 16.10.1984 for Rs.6513.60. The claimant- respondent filed application under Section 18 claiming enhanced rate of compensation which was referred by the Collector to the Special Land...
Tag this Judgment!indira Kumari. Vs. Anurag Kumar.
Court: Patna
Decided on: Feb-04-2011
1. The sole petitioner, invoking inherent jurisdiction of the Court under Section 482 of the Code of Criminal Procedure, has prayed for quashing of an order dated 24.11.2000, passed by Sri Vibhakar Dubey, learned Judicial Magistrate 1st Class, Patna, in Complaint Case No. 1202(C) of 2000, whereby, the learned Magistrate has taken cognizance of offence under Section 138 of the Negotiable Instrument Act and directed for summoning the petitioner to face the trial.2. Short fact of the case is that, the Opposite Party No. 2 filed a complaint in the court of Chief Judicial Magistrate, Patna vide Complaint Case No. 1202(C) of 2000 arraying therein the petitioner and her husband as accused for commission of offence under Sections 120B, 420 of the Indian Penal Code and Section 138 of the Negotiable Instrument Act 1881. It was alleged by the complaint that an agreement was executed between complainant and the husband of the petitioner on 31.3.2000 for opening Sidhi Vinayak Dal Mill on the land o...
Tag this Judgment!Ashok Tulsiyan. Vs. State of Bihar.
Court: Patna
Decided on: Feb-04-2011
1. In both the cases almost same point is involved and, as such, both the petitions were heard together and are being disposed of by a common Judgment.2. In Cr.Misc.No.1341 of 1998 the petitioner, who was the proprietor of M/S Premier Paraffin , a registered factory , has prayed for quashing of an order dated 2.12.1997 passed by the learned 1st Additional Sessions Judge, Begusarai in Begusarai P.S. Case No.301 of 1995. By the said order, the learned Addl. Sessions Judge has explained accusation against the petitioner for the offence under Section 7 of the E.C. Act, read with Paraffin Wax ( Supply, Distribution and Price Fixation ) Order and under Section 414 of the Indian Penal Code and fixed the case for evidence.3. In Cr.Misc.No.1393, the petitioner who was the proprietor of Shri Ram Industries, has prayed for quashing of an order dated 12.7.1997 passed by the learned Special Judge, E.C.Act, Begusarai in Begusarai P.S. Case No.300 of 1995. By the said order, the learned Special Judge...
Tag this Judgment!Mithilesh Pandey, and ors. Vs. State of Bihar, and anr.
Court: Patna
Decided on: Feb-04-2011
1. Six 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 1.12.2001 passed by the learned Judicial Magistrate, 1st Class, Arrah in Trial No.1121 of 2001. By the said order, learned Magistrate has taken cognizance of offences under Sections 147,323, 436/34 of the Indian Penal code and Section 3 (x) (xv) of the Schedule Castes and Schedules Tribes ( Prevention of Atrocities Act , 1989( hereinafter referred to as " the SC/ST Act").2. Short fact of the case is that Opp.Party no.2 had earlier filed a written report before the Officer Incharge of Behea Police Station alleging therein that on 5.1.1999, while they were constructing house under "Indira Awas Scheme", accused persons armed with lathi and Bhala arrived there and abused the informant and other persons. They were restrained from proceeding with the work and accused persons also assaulted the informant's side. It was alleged t...
Tag this Judgment!Narendra Kumar Mandal. Vs. State of Bihar, and ors.
Court: Patna
Decided on: Feb-04-2011
1. The sole petitioner, invoking inherent jurisdiction of this court under Section 482 of the of the Code of Criminal Procedure has prayed for quashing of an order dated 10.7.2001 passed by the Sessions Judge, Katihar by which Cr. Revision No. 30 of 2001 filed by Opposite Party Nos. 2 & 3 was allowed, as a result of which, the order of cognizance dated 28.2.2001 passed by learned Sub Divisional Judicial Magistrate, Katihar under Sections 3 & 4 of the Dowry Prohibition Act against Opposite Party Nos. 2 & 3 in Complaint Case No. 37 of 2001 has been set aside.2. Short fact of the case is that, the petitioner had filed a complaint case in the Court of Chief Judicial Magistrate, Katihar vide Complaint Case No. 37 of 2001, alleging therein, commission of offence under Sections 3 & 4 of the Dowry Prohibition Act against Opposite Party Nos. 2 & 3. It was disclosed in the complaint petition that the complainant for the negotiation of marriage of his daughter had approached the father of the Opp...
Tag this Judgment!Md. Nizam. Vs. State of Bihar.
Court: Patna
Decided on: Feb-04-2011
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 12.01.2000 passed by Judicial Magistrate, Ist Class, Muzaffarpur in Complaint Case No. 1136 of 1998/ Tr. No. 1121 of 2000. By the said order the learned magistrate has taken cognizance of the offence under sections 182 and 211 of the Indian penal Code and directed for summoning the petitioner.2. Short fact of the case is that on 24.12.1997, Sub Inspector of Police recorded Fardbeyan of the petitioner wherein he disclosed that on 05.12.1997 suddenly opposite party nos. 2 ot 5 came at the door of the petitioner and while abusing him they told to remove the wall from the land, which was replied by the petitioner in negative. Thereafter they tried to demolish the wall. However, on intervention of Sarpanch the matter was cooled down but the accused persons after threatening the petitioner returned back. Subsequently, on 09....
Tag this Judgment!Anil Kumar Tripathi. Vs. State of Bihar, and ors.
Court: Patna
Decided on: Feb-04-2011
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 13.11.2000/14.11.2000, passed by learned Sub Divisional Judicial Magistrate, Bikramganj at Sasaram in Trial No. 277 of 1998. By the said order, learned Magistrate has rejected the petition for discharge filed on behalf of the petitioner.2. Short fact of the case is that on the basis of fard-beyan of one Sri Ram Nath Pandey (Opposite Party No. 2), an F.I.R. was lodged vide Bikramganj P.S. Case No. 73 of 1998 for the offences under Sections 392/364 of the Indian Penal Code against four unknown accused persons. It was disclosed by the informant that he was 'Khalasi' of a truck bearing registration no. BR-20G-1801, and on 13.1.1998, while he alongwith driver was going on the aforesaid truck, one Armada Jeep came from the back side and after over taking the same stopped in front of the truck. In the said Armada Jeep, there...
Tag this Judgment!Chandra Bhushan Prasad. Vs. State of Bihar, and anr.
Court: Patna
Decided on: Feb-04-2011
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 30.3.2000 passed by the learned 6th Addl. Sessions Judge, Muzaffarpur in Cr.Revision No.171 of 1999 , whereby the learned Addl. Sessions Judge has allowed the revision petition and set aside the order dated 7.7.1999 passed by the learned Sub Divisional Magistrate, East Muzaffarpur in Case No. M 518 of 1991 dropping the proceeding under Section 145 (5) of the Code of Criminal Procedure. 2. Short fact of the case is that on the basis of petition filed by Opp.Party no.2 raising apprehension of breach of peace in respect of the land bearing R.S. Plot No.60 appertaining to R.S. Khata No.328, situated at Mohalla Pankhatoli , Muzaffarpur. Initially, a proceeding under Section 144 Cr.P.C. was initiated by the learned Sub Divisional Magistrate, East Muzaffarpur, which was subsequently converted into a proceeding under Section 1...
Tag this Judgment!Sarswati Devi, and anr. Vs. State of Bihar.
Court: Patna
Decided on: Feb-04-2011
1. Two 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 21.2.2003 passed by learned Judicial Magistrate 1st Class, Gopalganj in Trial No. 158 of 2003 arising out of Complaint Case No. 1094 of 1998 whereby the learned Magistrate disposed of the petition for discharge filed on behalf of the accused persons and fixed the case for framing of the charge.2. Short fact of the case is that, Opposite Party No. 2 on 24.6.1998 filed a complaint in the Court of Chief Judicial Magistrate, Gopalganj vide Complaint Case No. 1094 of 1998 arraying 7 persons including two petitioners as accused for commission of the offences under Sections 420, 406, 467 & 468 of the Indian Penal Code. It was disclosed in the complaint petition that Petitioner No. 2 was married with daughter (Petitioner No. 1) of one Gajadhar Bhagat who was not having any male child. He was having only two daughters. In his life...
Tag this Judgment!Ajay Kumar Keshari. Vs. State of Bihar, and anr.
Court: Patna
Decided on: Feb-04-2011
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 20.8.2007 passed by learned Judicial Magistrate, Ist Class, Buxar in Complaint Case No.432C of 2006/Tr. No.163 of 2007. By the said order, learned Magistrate has taken cognizance of offence under Sections 147, 379 and 427 of the Indian Penal Code.2. Short fact of the case is that initially the opposite party no.2 had filed a complaint on 6.7.2005 in the court of Chief Judicial Magistrate, Buxar against eight accused persons including the petitioners on allegation of commission of offence under Sections 147, 148, 379 and 427 of the Indian Penal Code and Section 27 of the Arms Act. It was disclosed in the complaint that after constructing a small house and shop, he was doing business of Kirana and General Store at Station Road, Buxar. His son Bijay Kumar was doing the business for supply of Chocolate, Bulb etc. to differen...
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