Patna Court May 2011 Judgments
Subodh Kumar Thakur, and ors Vs the State of Bihar
Court: Patna
Decided on: May-12-2011
1. The petitioner Subodh Kumar Thakur was the Sub-Inspector of Police and he was the Incharge of the Tarari Police Station in the district of Bhojpur during the relevant period i.e. November, 2003 to October, 2004. The petitioner Bishwanath Gupta was Assistant Sub-Inspector of Police, posted in the Tarari Police Station at the relevant period. Heard Counsel for the parties.2. This application has been filed on behalf of the petitioners for quashing of the order dated 23.06.2005 passed in Complaint Case No. 1497 (C) of 2004 (Trial No. 2480 of 2004) by which the Judicial Magistrate, 1st Class, Arrah has taken cognizance for the offences under Sections 395 and 323 of the Indian Penal Code. The petitioners also challenged the order dated 25.04.2007 passed in Sessions Trial No. 2305 of 2007 by which the Additional Sessions Judge, Fast Track Court No. II, Arrah has rejected the discharge application filed on behalf of the petitioners.3. Two points have been raised in these quashing applicati...
Tag this Judgment!Surya Narayan Prasad Vs the State of Bihar and ors
Court: Patna
Decided on: May-12-2011
1.Petitioner has made prayer for granting several relief:- (i) To regularize his services for the period 1.8.1969 to 29.1.1970 (ii) To make payment of salary for the period between 1.8.1969 to 29.1.1970 which has been treated as break in service. (iii) To fix pay on higher scale and then make payment of difference of arrears of salary since 1.8.1969 and also to give him time bound promotion as well as to promote him to the post of Foreman as it has been given to the similarly situated employees. 2.Petitioner was initially appointed on the post of Welder Instructor on 4.7.1960 under the 2scheme Model Blacksmith at Pusa Road under the district of Darbhanga. Subsequently by the order dated 2.4.1965 issued by the Deputy Director, Technical Education, Government of Bihar, Patna, he was appointed on the post of Workshop Instructor in the Welding trade under the State Government at Junior Technical School, Muzaffarpur. Petitioner was appointed along with other persons. The State Government de...
Tag this Judgment!Vijay Kumar Singh, Vs the State of Bihar
Court: Patna
Decided on: May-12-2011
1.The petitioner has challenged the order of cognizance dated 15.5.2007 by which the Chief Judicial Magistrate, Nalanda has passed an order taking cognizance under Section 408 of the Indian Penal Code.2.The Sub-divisional Officer, Biharsharif has instituted a First Information Report alleging that the petitioner who was a Nazir at the office of the Sub-divisional Officer, Biharsharif did not hand over the entire charge of the office after the transfer from the office of the Sub-divisional Officer, Biharsharif to the office in Sadar, Biharsharif. It is said that one Satish Chandra Rai reported that the petitioner had handed over the charge of vourchers for the period 2004-05, 2 2005-06 and 2006-07.3.At the first instance this case was investigated and the police, at paragraph 16 has stated that it appears to be a case of mistake of facts. However, on the instructions of the Superintendent of Police, the charge was submitted and eventually cognizance taken under Section 408 of the Indian...
Tag this Judgment!Shambhu Sharan Srivastava, Vs the State of Bihar. and ors
Court: Patna
Decided on: May-10-2011
1.S.A. Khan, J. This application has been filed for quashing the order dated 7.6.2007, passed in Complaint Case No. 528C/07 by which the Court below has taken cognizance for offences under Sections 420,423/34 and 120B of the Indian Penal Code.2. The Complainant is Mostt. Dharmshila Devi. She has alleged that she executed a sale deed for a small piece of land in favour of Arvind Kumar. It is alleged that Arvind Kumar converted the papers on which she had signed, into a power of attorney in his favour. Using this power of attorney the said Arvind Kumar and Alok Kumar sold her lands to different persons mentioned in the complaint petition.3. Learned counsel for the petitioner submits that as far as Shambhu Sharan Srivastava one of 11 accused in complaint petition, there is not a word against him in the complaint petition, S.A. or evidence of the other witnesses who were examined in support of the complaint case.4. On perusal of the complaint case I find, that in fact not a single word has...
Tag this Judgment!Dr.Deep NaraIn MishrA.Vs State of Bihar.and ors
Court: Patna
Decided on: May-06-2011
1.Navaniti Prasad Singh, J:- The petitioner challenges Annexure 5 and Annexure 12 by which the Governing Body of the private Ayurvedic College dismissed him from service while he was serving as a Principle thereof. Notices were issued to the College and the Governing Body but no one has appeared.2.Having perused the record and seen the proceeding of the Governing Body, on both occasions notices were sent to the petitioner, who refused to receive them and as such Governing Body took a decision in that regard.3.It may be noted that challenging the decision of the Governing Body, the petitioner had filed a Civil Suit, which after two years, he withdrew and then filed this writ petition.4.In my view, the writ petition merits no consideration, for even if it was to be allowed this Court could not pass any order of re-instatement inasmuch as the petitioner has crossed the age of superannuation nor this Court can grant any monetary relief to the petitioner, who had not worked at all.5. This C...
Tag this Judgment!Kameshwar Prasad Singh, Vs the State of Bihar, and ors
Court: Patna
Decided on: May-06-2011
1.Initially, the writ application has been filed for two prayers. First prayer was for quashing of the order dated 4.8.1997 passed by the A.I.G. of Police, Wireless, Bihar, Patna in Departmental Proceeding No. 39/92, whereby a punishment of reversion in rank for one year was awarded against the petitioner. Second prayer of the petitioner was for a direction to the respondents to 2.consider his case for promotion to the post of Sub- Inspector of Police, Wireless, with effect from the date juniors to him have been promoted to that post and for all consequential benefits. However, at the time of final hearing of the case petitioner did not press the first relief prayed by him and confined it to relief no. 2 only, as such the matter is being decided accordingly. Petitioner entered into the Police service as Constable Writer in March, 1972, in the Police Wireless Department. In the year, 1975 he was promoted to the post of A.S.I. Petitioner's case is that till February, 1991 he had unblemis...
Tag this Judgment!Sayed Naqui Imam, Vs State of Bihar,and ors
Court: Patna
Decided on: May-05-2011
1.Petitioner's prayer in this Writ Application is for a direction to absorb his services in the joint cadre of Assistant of the Secretariat and its attached Offices and to fix his seniority in that cadre as per rule 14 (2) (c) of the Assistant of the Secretariat and Attached Offices Joint Cadre Rules, 1992. He has also prayed for a direction to make payment of arrear of salary after his absorption in the joint cadre of Assistant.2.The facts of this case is that an Enquiry Commission, named as Emergency Enquiry Commission, was constituted for making an enquiry regarding the excess made during the emergency period. A sitting Judge of the High Court was appointed as Chairman of the Commission. Petitioner was appointed vide Memo No. 01/78, dated 20.04.1978, on temporary basis as an Assistant on the usual scale of pay, sanctioned by the State Government. On the same date, petitioner joined on the post. Since, he was not getting his salary, as such the Secretary of the Commission made a note...
Tag this Judgment!Commssioner of Customs. Vs Amar Kishore Prasad
Court: Patna
Decided on: May-04-2011
1.These two Appeals under Section 130 of the Customs Act, 1962 (hereinafter referred to as 'the Act') have been preferred by the Commissioner of Customs, Patna against the common judgment and order dated 16th February 2006 passed by the Customs, Excise & Service Tax Appellate Tribunal, Kolkata (hereinafter referred to as 'the Tribunal') in Appeal Nos. CSM-209/03 and CSM-210/03. The matter at issue is seizure of three gold bars of high Patna High Court MA No.357 of 2006 dt. 04-05-201122.purity weighing 280 grams worth Rs.1,42,902/- by the Customs Officers at Raxaul in the State of Bihar from one Amar Kishore Prasad, son of Dhruv Prasad Sah, resident of Mitha Bazar, Ramgarhwa, District-East Champaran. After the seizure, on 23rd April 1996 the said Amar Kishore Prasad (hereinafter referred to as 'the Carrier') gave the statement under Section 108 of the Act. In the said statement the Carrier admitted that the seized gold was given to him for delivery at Muzaffarpur by the owner of the gol...
Tag this Judgment!Smt. Shanti Devi . Vs Bihar State Electicity Board. and ors
Court: Patna
Decided on: May-04-2011
(1)judgment and decree dated 30.08.2006 passed by Sri Vayu Nandan Lal Srivastava, the learned Subordinate Judge IV, Rohtas at Sasaram in title suit no.74 of 1988 whereby the learned Court below has decreed the plaintiff's suit in part only.(2) The original plaintiff, one Rajpati Devi filed the aforesaid suit who died during the pendency of the suit and, therefore, her daughter, Smt. Shanti Devi the present appellant was substituted. The suit was filed claiming Rs.1 crore as compensation and damages and in the alternative for recovery of possession of the land described in detail in Schedule-A of the plaint. 18% interest pendente lite was also prayed for.(3) The plaintiff-appellant claimed the said relief alleging that plaintiff is the owner of the suit land which is situated in the market place of Nasriganj Town measuring 84 1/2 decimals in total. The Bihar State Electricity Board dispossessed the plaintiff from the suit land with the help of the State Authorities on 22.12.1979 and con...
Tag this Judgment!Commssioner of Customs Vs Amar Kishore Prasad
Court: Patna
Decided on: May-04-2011
1.These two Appeals under Section 130 of the Customs Act, 1962 (hereinafter referred to as 'the Act') have been preferred by the Commissioner of Customs, Patna against the common judgment and order dated 16th February 2006 passed by the Customs, Excise & Service Tax Appellate Tribunal, Kolkata (hereinafter referred to as 'the Tribunal') in Appeal Nos. CSM-209/03 and CSM-210/03. The matter at issue is seizure of three gold bars of high Patna High Court MA No.357 of 2006 dt. 04-05-20112.purity weighing 280 grams worth Rs.1,42,902/- by the Customs Officers at Raxaul in the State of Bihar from one Amar Kishore Prasad, son of Dhruv Prasad Sah, resident of Mitha Bazar, Ramgarhwa, District-East Champaran. After the seizure, on 23rd April 1996 the said Amar Kishore Prasad (hereinafter referred to as 'the Carrier') gave the statement under Section 108 of the Act. In the said statement the Carrier admitted that the seized gold was given to him for delivery at Muzaffarpur by the owner of the gold...
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