Court : Patna
1. the petitioners, through this writ application under article 226 & 227 of the constitution of india, have approached this court for quashing the first information report, which led to the registering of miao p.s. case no. 40 of 2006 in the district of changlang within the state of arunachal pradesh, for the alleged offences under sections 498a, 506/34 of the indian penal code and sections 3 & 4 of the dowry prohibition act. the alternative prayer is for direction to the state of arunachal pradesh for transferring the investigation of the above case to the state of bihar for being investigated by the competent officer of the police station under whose jurisdiction the alleged offences were committed.2. the case of the petitioners, in short, is that admittedly no cause of action has taken place in the state of arunachal pradesh where the aforesaid case has been registered against the petitioners as no allegations have been attributed against the petitioner constituting the aforesaid offences in the said state. as per the allegations made in the complaint of the respondent no.5, basis of the f.i.r., the alleged acts on the part of the petitioners with regard to the demand of dowry, torture and cruelty etc. after the marriage at rohua p.s. jandaha district- vaishali on 22.06.2005 all were made at bihta under bihta police station in the district of patna, and as such, in absence of any cause of action with respect to the alleged offence within the police station at miao, .....
Tag this Judgment!Court : Patna
Reported in : AIR1989Pat241; 1989(37)BLJR331
1. this is one more instance where in spite of directions given by the supreme court in 1987, the state government, for reason which it termed as "larger interest", have issued prospectus for post-graduate medical admission test, 1989, informing that for the purpose of admission, inter alia, the candidate must complete twelve months of house job latest by_31st_may,_1989. this is in regard to admission to post-graduate courses which in terms of the orders of the supreme court must commence on 2nd may, 1989. it was also stated that the candidates who are not expected to complete twelve months of house job by 31st may, 1989 are not eligible to appear at the test.2. the petitioners have filed this writ petition in which they have prayed for issuance of an appropriate writ/order commanding the state of bihar to start post-graduate courses in medical science from 2nd may, 1989 and not to extend the eligibility date for completion of twelve months house job/housemanship up to 31st may, 1989 in view of the directions of the supreme court given in cmp no. 7667 of 1987 on 25th sept. 1987 : dr. dinesh kumar v. moti lal nehru : medical college : (writ petn. no. 348-52 of 1985): (1987) 4 scc 459:3. a number of writ petitions were filed in the supreme court raising the question whether the admission in a medical college or any other institution of higher learning situate in a state can be confined to those who have their domicile within that state for specified number of years. the supreme .....
Tag this Judgment!Court : Patna
Reported in : AIR1963Pat344
ramratna singh, j.1. this appeal has been preferred by the state of bihar against the decision of the fourth additional subordinate judge, patna, granting a decree for a sum of rs. 93,910/10/9, together with interest at 6 per cent per annum from the date of the institution of the suit to the bank of bihar ltd., the sole plaintiff, in the suit of which this appeal arises.2. the facts now admitted are these : under an arrangement with the south bihai sugar mills ltd., defendant no. 2, that is, the jagdishpore zamindary co. ltd. (hereinafter referred to as the company) came into possession of the manufacturing section of the mills at bihta from the beginning of the crushing season of 1946-47. defendants 3 to 5 were the directors of the company. early in 1947, the company entered with the bank into a cash credit agreement, according to which tha company was to pledge with the bank the entire stock of sugar manufactured by them in the mills and to take advances of money from the bank under the cash credit system. on tha 6th december, 1947 the outstanding advances of the bank against the company stood at rs. 3,23,486/2/-, and the bank was holding 6239 bags of sugar as pledgee, the sugar bags having been kept in the godowns within the premises of the mills, but under the locks and keys of the bank. the cash credit account was further secured by the personal guarantee furnished by the aforesaid directors.on the 24th august, 1947, the sugar controller for india passed an order under .....
Tag this Judgment!Court : Patna
shiva kirti singh, j. 1. both the appeals arise out of same judgement and order of the additional principal judge, family court, patna dated 2-12-2006 in title suit (matrimonial) no. 37/1998. since the application for divorce u/s 13 of the hindu marriage act preferred by the husband krishna murari sharan was allowed, the main appeal bearing m.a. no. 672/2009 is by the wife pushpagandha sinha. the other matter is by way of cross appeal by the husband against the part of the judgement granting custody of minor son to the wife till the child attains the age of 15 years and alimony of rs. 5,000/- per month for the wife and rs. 2,000/- per month for the child. 2. earlier both the appeals were heard and were dismissed by judgement and order dated 16-3-2010. that order was summary in nature passed at the stage of order 41 rule 11 of the civil procedure code and the view for dismissing the appeals was largely on account of failure of efforts for amicable settlement of dispute between the spouses and materials which showed that the marriage had failed irrevocably. that order was challenged by the wife before the apex court through civil appeal nos. 38073-74/ 2011. by order dated 2-5-2011 the appeals were allowed, the judgement of this court passed earlier on 16-3-2010 was set aside and the matter was remitted to this court for fresh disposal of appeal filed by the appellant, that is, m.a. no. 672/2009. the observations of the supreme court in order dated 2-5-2011 require this court to .....
Tag this Judgment!Court : Patna
Reported in : 2012CrLJ2240
cav judgment 1. petitioners/accused have filed instant writ with a prayer to quash order of cognizance dated 25.08.2008 passed by sri ramayan ram, judicial magistrate, 1st class, patna whereby and whereunder petitioners have been summoned to face trial for an offence punishable under sections 120b, 406, 420, 467, 468 ipc in connection with complaint case no. 1848c of 2008 along with entire prosecution so launched on the basis of complaint case no. 1848c of 2008. 2. briefly stated, the prosecution was launched by filing a complaint case no. 1848 of 2008 before the learned chief judicial magistrate, patna at the behest of o.p. no.2, pratibha prasad against dr. prasoon kumar banerjee (since deceased), dr. praveer kumar banerjee, archana mukherjee, chandana chatterjee, maloy kumar chatterjee for an occurrence alleged to have committed on 16.11.1998 and onwards disclosing therein that husband of complainant late ramesh prasad along with vijay prakash were builders and for that purpose they used to purchase lands from the land holders. in the aforesaid event, they came across the news that the accused persons have got substantial land at mohalla-shashtrinagar measuring 4.35 acres and accordingly they contacted, negotiated and then the deal was finalized. however, during course thereof it was disclosed at the end of accused persons that land fell under urban ceiling proceeding. so, it was disclosed by the accused persons that the case be looked after by them and after conclusion of .....
Tag this Judgment!Court : Patna
Reported in : 2012CrLJ2560
cav judgment 1. criminal misc. no.26541 of 2002 filed on behalf of the petitioner, a. k. upadhyay, criminal misc. no.26542 of 2002 filed on behalf of the petitioner, vijay shankar dubey, criminal misc. no.25700 of 2002 filed on behalf of the petitioner, radhika ranjan prasad and criminal misc. no.25214 of 2002 filed on behalf of the petitioners, mukund prasad and umesh narayan panjiar, under section 482 of the code of criminal procedure, are to quash the order dated 3.8.2002 passed in complaint case no.1092(c) of 2001/t.r. no.1612 of 2002 by the chief judicial magistrate, patna, summoning the accused-petitioners abovenamed and the accused, mr. shivendu, named in the complaint petition, on inquiry under section 202 of the code of criminal procedure, finding prima facie case under sections 166, 418 and 120-b of the indian penal code and are also to quash the entire criminal proceedings, arising out of the aforesaid case, against them. hence, all the aforesaid criminal miscellaneous applications have been heard together and are being disposed of by this common judgment. 2. the brief facts, leading to all these applications, are that the opposite party no.2, ajoy kumar verma, filed the complaint case no.1092(c) of 2001 in the court of the chief judicial magistrate, patna, against the accused, named in the complaint petition, including the petitioners abovenamed, alleging therein that he is an ips officer of 1985 batch of the bihar cadre and was on deputation on the post of .....
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in the high court of judicature at patna criminal appeal (db) no.186 of 1990 =========================================================== 1. hira singh, son of basdeo singh, 2. ram pujan singh alias khublal singh, son of basdeo singh & 3. surendra singh, son of jangali singh, all resident of village-dauda rampur p.s.kuchaikot, district-gopalganj. .... .... appellant/s versus the state of bihar .... .... respondent/s =========================================================== appearance : for the appellant/s : m/s. ashutosh kumar & chandra mohan singh, advs. for the respondent/s : mr. ajay mishra, app. for the informant : mr. arbind kumar singh, advocate. =========================================================== coram: honourable mr. justice shyam kishore sharma and honourable mr. justice aditya kumar trivedi cav judgment (per: honourable mr. justice aditya kumar trivedi ) date:30. -08-2013 heard learned counsel for the appellants, learned counsel for the informant as well as learned additional p.p.2. initially, there were three appellants hira singh, ram pujan singh alias khublal singh and surendra singh out of whom hira singh and surendra singh are dead and on account thereof, the appeal to their extent is found to be abated and now survives only against appellant ram pujan singh.3. challenge in this appeal is judgment of conviction and sentence dated 31.03.1990 passed by sessions judge, gopalganj in sessions trial no.431 of 1983 whereby and whereunder appellant surendra .....
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in the high court of judicature at patna ***** against the judgment of conviction and order of sentence dated 24th april, 1990 passed by shri birendra kumar sinha no. 2, the learned 3 rd additional sessions judge, saran at chapra in sessions trial no. 444 of 1986. ***** criminal appeal (db) no.166 of 1990 =========================================================== 1. birendra giri, son of gopal giri 2. bharat singh, son of ramagya singh, both residents of village sherpur, p.s. chapra mufassil, district saran. .... .... appellants versus the state of bihar .... .... respondent =========================================================== appearance : for the appellants : mr. y.v. giri, senior advocate. mr. v.r. bharti, advocate. for the respondent : mr. ajay mishra, app. =========================================================== coram: honourable mr. justice shyam kishore sharma and honourable mr. justice amaresh kumar lal oral judgment (per: honourable mr. justice shyam kishore sharma) date:20. 08-2013 birendra giri and bharat singh have impugned the judgment and order dated 24th april, 1990 delivered by the learned 3rd additional sessions judge, saran at chapra in connection with sessions trial no. 444 of 1986, holding the appellant no. 1 birendra giri guilty under sections 302/380 of the ipc and appellant no. 2 bharat singh guilty under sections 380/302 of the ipc read with section 34 of the ipc and both were sentenced to undergo r.i. for life for the charge under section .....
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in the high court of judicature at patna second appeal no.219 of 1991 =========================================================== 1. nirmala devi, d/o late surendra prasad, and wife of sri chandu singh, residing at 1/5 chandra nagar colony, charari, p.s.-charari , district-kanpur, state-uttar pradesh.2. daya shankar.3. prem kumar.4. kaushal kumar.5. ram kumar @ puchu kumar. all sons of late madal gopal. all residents of mohalla- mahendra, p.s.- sultanganj, district-patna. plaitniffs-responden-appellants. versus 1. om prakash @ tun tun lal, son of late ram sakhi devi, wife of late ramchandra prasad, resident of mohalla-sultanganj, p.s.-sultanganj, district- patna-6.2. munni devi, wife of guru prasad, d/o late ram sakhi devi, e,24, p.c.colony, kankarbagh, p.s.-kankarbagh, district-patna.3. malti devi, wife of surendra kumar, d/o late ram sakhi devi, r/o mohalla- mahabir nagar, p.o.-anishabad, p.s.-phulwarisharif, district-patna.4. most chanda devi, wife of late rama nand prasad, d/o late ram sakhi devi, r/o mohalla- bhjagirath lane, sultanganj, p.s.-sultanganj, district-patna.5. most anisa khatoon.6. md shahabuddin.7. md shamimuddin.8. md nasimuddin.9. md nayeemuddin.10. md neyazuddin.11. md geyasuddin.12. md reyazuddin. all resident of mohalla- sultanganj, near malaria office, p.s.-sultanganj, town & district-patna.13. shabana bano, wife of md ausaf, resident of mohalla-chotti sekhana, khurd p.o. & p.s.-biharsharif, district-nalanda. proforma defendant- respondents. .....
Tag this Judgment!Court : Patna
in the high court of judicature at patna criminal appeal (sj) no.221 of 1996 =========================================================== 1. shanti devi, wife of saukhi singh (the appeal stands abated with respect to her vide order dated 04.09.2013) 2. parsuram singh, son of ganga bishun singh 3. dilip singh, son of saukhi singh 4. devendra singh, son of shital singh all are resident of kesauri, p.s. pakri warawan, district nawada. .... .... appellant/s versus the state of bihar .... .... respondent/s =========================================================== appearance : for the appellant/s : mr. arun kumar arun, advocate mr. siyaram pandey, advocate for the state : mr. binod bihari singh, additional public prosecutor =========================================================== coram: honourable mr. justice akhilesh chandra c.a.v. judgment date:11. 09.2013 all the appellants have preferred this appeal against their conviction recorded under section 364 of the indian penal code and sentenced to undergo rigorous imprisonment for 5 years and the lady appellant no. 1, namely, shanti devi (who is now dead and the appeal with respect to her has already been abated vide order dated 04.09.2013) was sentenced to undergo rigorous imprisonment for 3 years as awarded by learned 2nd additional patna high court cr. app (sj) no.221 of 1996 dt.11-09-2013 2 sessions judge, nawadah on 20th day of august, 1996 in sessions trial no. 28 of 1989 / 57 of 1991 arising out of pakribarawan p.s. case .....
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