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mycent (X)     10 August 2013

Urgently looking for this judgement

Dear all,

I am uegently looking for the judgement - Arbind Kumar Singh Vs. State of Bihar, reported in 2011 (3) PLJR 165

Kindly share If anyone has a softcopy of this judgement or even the case no. would do (I can then fetch the same from the Court's website).

thanks !



Learning

 9 Replies

Suri.Sravan Kumar (senior)     10 August 2013

judgement is attched.


Attached File : 739162830 arbind kumar singh and ors. vs state of bihar on 18 july, 1989.pdf downloaded: 192 times

mycent (X)     10 August 2013

Sharavan ji, the judgement you hv posted dates back to 1989, whereas the one I m looking for is reported in PLJR 2011.

Moreover, the link to the pdf is going not found.

Suri.Sravan Kumar (senior)     10 August 2013

Patna High Court - Orders
Arbind Kumar Singh vs The State Of Bihar & Ors on 14 June, 2012

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10295 of 2012 ======================================================

1. Arbind Kumar Singh S/O Late Ramashish Singh Permanent Resident Of Village-Khopi, P.S.-Jandaha, Distt-Vaishali, Presently Posted As A.S.I. In The Office Of B.M.P.-4, Dumraon, P.S.-Dumraon, Distt- Buxar

.... .... Petitioner/s

Versus

1. The State Of Bihar Through The Director General Of Police Bihar, Patna

2. The Additional Director General Of Police, B.M.P. Kendriya Mandal, Veterinary College Campus Bihar, Patna

3. The Deputy Inspector General Of Police , Kendriya Mandal , Veterinary College Campus Bihar, Patna

4. Shri Nagendra Prasad Singh, Commandant, B.M.P.-4 Dumraon, P.S.- Dumaraon, Distt-Buxar

5. Shri Krishna Ram, Deputy Proceeding No.7 Of 2012, B.M.P.-4 Dumraon, P.S.-Dumaraon, Distt-Buxar

6. Shri Lakshman Singh, Reserve Officer(Line Babu), B.M.P.-4 Dumraon, P.S.-Dumaraon, Distt-Buxar

.... .... Respondent/s

====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN

ORAL ORDER

02. 14-06-2012 Heard Mr. H.S. Himkar, learned counsel appearing on behalf of the petitioner and Mr. Rajiv Kumar Singh, learned Government Pleader No. 2 for the State.

The petitioner has questioned the order bearing Memo No. 395 dated 01.03.2012 passed by the Commandant, Bihar Military Police, 4, Dumraon, Buxar whereby the Commandant even while withdrawing the benefit of promotion to the petitioner under the A.C.P. Scheme has directed for recovery of the amount drawn by him by virtue of the promotion under the said scheme and by the same order has also initiated departmental proceedings against the petitioner and pursuant whereto a charge memo has been issued placed at Annexure-11 to the proceedings. Learned counsel for the petitioner submits that by the impugned order Patna High Court CWJC No.10295 of 2012 (2) dt.14-06-2012 2 the respondents have reduced the basic salary of the petitioner even below the stage of literate constable which was the stage at which he was granted promotion and thus by the impugned order not only the promotion has been withdrawn but it has also resulted in reduction of the pay-scale of the petitioner. It is further with reference to an information provided under the Right to Information Act placed at Annexure-1, submitted that literate constables were not required to undergo any S.P.C. Training for grant of A.C.P. benefit. It is further submitted that even while the allegation of obtaining promotion by suppression of fact is yet to be determined in a formal departmental proceedings initiated pursuant to Annexure-10, the respondents have pre-determined the issue and withdrawn the benefits and also ordered for deduction of the amounts paid to the petitioner pursuant to the promotion.

As the matter has been taken up in the summer recess and the instructions have not been received by the learned counsel representing the State, let the matter come up after three weeks before the regular bench as per roster enabling learned counsel for the State to seek instruction and file counter affidavit.

Until further orders of this Court, no recovery is to be made from the salary of the petitioner pursuant to Annexure-10. (Jyoti Saran, J)

S.Sb/-

Suri.Sravan Kumar (senior)     10 August 2013

 
 
 
 
2011 STPL(Web) 238 SC
1
Arvind Kumar Vs. State of Bihar
2011 STPL(Web) 238 SC
SUPREME COURT OF INDIA
(DALVEER BHANDARI & DEEPAK VERMA, JJ.)
ARVIND KUMAR ETC. ETC.
Appellant(s)
VERSUS
STATE OF BIHAR AND ORS.
Respondent(s)
SHAILENDRA MOHAN SINGH AND ORS.
Appellant(s)
VERSUS
STATE OF BIHAR AND ORS.
Respondent(s)
CHANDAN KUMAR AND ANR.
Appellant(s)
VERSUS
STATE OF BIHAR AND ORS.
Respondent(s)
Civil Appeal Nos. 1240-1241 of 2011
(Arising out of SLP(C) Nos.20279-20280/2009)
with Civil
Appeal Nos. 1242-1243 of 2011
(Arising out of SLP(C) Nos.25288-25289/2009)
and Civil
Appeal No. 1244 of 2011
(Arising out of SLP(C) No.4283/2010)
-Decided on 02-02-2011.
Service Law – Appointment
ORDER
S.L.P.(C) Nos.20279-20280/2009:
1. Leave granted.
2. These appeals emanate from a common judgment
dated 7.7.2009 passed by the High Court of
Judicature at Patna in L.P.A. Nos.305/2009 and 47
5/2009. We have heard the learned counsel for
the parties. Mr. Ranjit Kumar, learned senior counsel appearing for the appellants submits that
2,149 candidates have already been selected for th
e posts of Sub Inspectors of Police in the State
of Bihar. Mr. Gopal Singh, learned standing counsel
for the State of Bihar submits that requisition
for appointment of 299 posts of Sub Inspectors of Police through direct recruitment has been sent
to the Staff Selection Commission.
In the peculiar facts and ci
rcumstances of these cases, we
direct the Bihar Staff Selection Commission to
hold fresh examinations for the 299 posts of Sub
Supreme Court Judgement
s @ www.stpl-india.in
2011 STPL(Web) 238 SC
2
Arvind Kumar Vs. State of Bihar
Inspectors of Police and only the appellants, who
were writ petitioners before the High Court of
Judicature at Patna, whose cas
es were adjudicated upon or are pending before the High Court
(total 223 only as per the list given in Court by Mr. Ranjit Kumar, learned senior counsel) would
be at liberty to appear in the physical and written examinations.
The schedule of examinations
would be decided by the respondents and
all those who pass the physical and written
examinations would be appointed by the res
pondents and for the remaining posts of Sub
Inspectors, a fresh advertisement would be i
ssued by the Staff Selection Commission and
appointments would be made in accordance with law.
We hope and trust that the entire process of
fresh selection would be completed
expeditiously, in any event, within six months from the date
of communication of this order. With these observations, these appeals are disposed of, leaving
the parties to bear their own costs. All the pending I.As. are dismissed.
S.L.P.(C) Nos.25288-25289/2009 and 4283/2010: Le
ave granted in all the matters. These appeals
are also disposed of in terms of the aforesaid order, leaving the parties to bear their own costs.
------
Supreme Court Judgement
s @ www.stpl-india.in

(Guest)

 

Cognizance of offence when accused in matrimonial offence are residing separate from complainant

 
 In the circumstances, I find that it would not be in the interest of justice to proceed with the trial as far as these two petitioners are concerned. For this purpose, I may refer to the judgment of Ramesh & Others vs. State of T.N. [(2005) 3 SCC 507 in similar facts when the accused persons were not living with the family, living in a different State altogether, the Supreme Court quashed the cognizance taken against the brother-in-law and the sister-in-law.

Patna High Court
Arbind Kumar Singh & Anr vs State Of Bihar on 18 March, 2011
Author: Smt. Sheema Khan
citation;2011(3)PLJR165

https://www.lawweb.in/2013/08/cognizance-of-offence-when-accused-in.html

https://www.indiankanoon.org/doc/51688720/?type=print

Suri.Sravan Kumar (senior)     10 August 2013

 
 
 
 
2011 STPL(Web) 238 SC
1
Arvind Kumar Vs. State of Bihar
2011 STPL(Web) 238 SC
SUPREME COURT OF INDIA
(DALVEER BHANDARI & DEEPAK VERMA, JJ.)
ARVIND KUMAR ETC. ETC.
Appellant(s)
VERSUS
STATE OF BIHAR AND ORS.
Respondent(s)
SHAILENDRA MOHAN SINGH AND ORS.
Appellant(s)
VERSUS
STATE OF BIHAR AND ORS.
Respondent(s)
CHANDAN KUMAR AND ANR.
Appellant(s)
VERSUS
STATE OF BIHAR AND ORS.
Respondent(s)
Civil Appeal Nos. 1240-1241 of 2011
(Arising out of SLP(C) Nos.20279-20280/2009)
with Civil
Appeal Nos. 1242-1243 of 2011
(Arising out of SLP(C) Nos.25288-25289/2009)
and Civil
Appeal No. 1244 of 2011
(Arising out of SLP(C) No.4283/2010)
-Decided on 02-02-2011.
Service Law – Appointment
ORDER
S.L.P.(C) Nos.20279-20280/2009:
1. Leave granted.
2. These appeals emanate from a common judgment
dated 7.7.2009 passed by the High Court of
Judicature at Patna in L.P.A. Nos.305/2009 and 47
5/2009. We have heard the learned counsel for
the parties. Mr. Ranjit Kumar, learned senior counsel appearing for the appellants submits that
2,149 candidates have already been selected for th
e posts of Sub Inspectors of Police in the State
of Bihar. Mr. Gopal Singh, learned standing counsel
for the State of Bihar submits that requisition
for appointment of 299 posts of Sub Inspectors of Police through direct recruitment has been sent
to the Staff Selection Commission.
In the peculiar facts and ci
rcumstances of these cases, we
direct the Bihar Staff Selection Commission to
hold fresh examinations for the 299 posts of Sub
Supreme Court Judgement
s @ www.stpl-india.in
2011 STPL(Web) 238 SC
2
Arvind Kumar Vs. State of Bihar
Inspectors of Police and only the appellants, who
were writ petitioners before the High Court of
Judicature at Patna, whose cas
es were adjudicated upon or are pending before the High Court
(total 223 only as per the list given in Court by Mr. Ranjit Kumar, learned senior counsel) would
be at liberty to appear in the physical and written examinations.
The schedule of examinations
would be decided by the respondents and
all those who pass the physical and written
examinations would be appointed by the res
pondents and for the remaining posts of Sub
Inspectors, a fresh advertisement would be i
ssued by the Staff Selection Commission and
appointments would be made in accordance with law.
We hope and trust that the entire process of
fresh selection would be completed
expeditiously, in any event, within six months from the date
of communication of this order. With these observations, these appeals are disposed of, leaving
the parties to bear their own costs. All the pending I.As. are dismissed.
S.L.P.(C) Nos.25288-25289/2009 and 4283/2010: Le
ave granted in all the matters. These appeals
are also disposed of in terms of the aforesaid order, leaving the parties to bear their own costs.
------
Supreme Court Judgement
s @ www.stpl-india.in

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     10 August 2013

i think your query has been resolve

rajiv rajan (rr)     10 August 2013

Ramesh & Others vs. State of T.N. [(2005) 3 SCC 507

kindly provide the soft copy this judgement

thanks

Suri.Sravan Kumar (senior)     10 August 2013

Supreme Court of India
Supreme Court of India
Ramesh And Ors vs State Of Tamil Nadu on 3 March, 2005
Bench: P V Reddi, A Mathur
CASE NO.:
Appeal (crl.) 372 of 2005
PETITIONER:
Ramesh and Ors.
RESPONDENT:
State of Tamil Nadu
DATE OF JUDGMENT: 03/03/2005
BENCH:
P. Venkatarama Reddi & A.K. Mathur
JUDGMENT:
JUDGMENT
ORDER
Leave granted.
The two appeals filed by five accused (three in one case and two in another) arise out of two identical orders
passed by the Madras High Court on 7.8.2003 and 21.8.2003 dismissing the petitions filed by them under
Section 482 of the Criminal Procedure Code (Cr.P.C.', for short) by which a prayer was made to quash the
chargre-sheet and the consequential proceedings in C.C. No. 72/2002 on the file of the Judicial Magistrate III,
Tiruchirapalli (`Trichy' for short), Tamil Nadu Sate. The wife of the 1st appellant in the appeal arising out of
SLP(Crl.) No. 5735/2003, filed a complaint on 23.6.1999 with the All Women Police Station, Trichy alleging
the commission of offences under Sections 498-A and 406 of the Indian Penal Code and Sections 3 and 4 of
the Dowry Prohibition Act. Allegations were made in the said complaint against the husband, the in-laws,
husband's brother and sister, who were all the petitioners before the High Court and the appellants herein.
After registration of the F.I.R. and investigation, the charge-sheet was filed by the Inspector of Police, All
Women Police Station, Trichy on 28.12.2001 in the Court of the Judicial Magistrate-III, Trichy. Thereupon,
the learned Magistrate took cognizance of the offence and issued warrants against the appellants on 13.2.2002.
It appears that four of the appellants were arrested and released on bail by the Magistrate at Mumbai. The
appellants then filed Criminal Writ Petition No. 593/2002 in the Bombay High Court for quashing the F.I.R.
or in the alternative to transfer the F.I.R. to Mumbai. The proceedings were stayed by the High Court. On
2.6.2003, the writ petition was dismissed as withdrawn while giving liberty to approach the High Court of
Madras at chennai for appropriate relief. Thereafter, the appellants filed the petition under Section 482 Cr.P.C.
before the Madras High Court for quashing the proceedings in C.C. No. 72/2002 on the file of the Judicial
Magisrate-III, Trichy. The High Court by the impugned order dismissed the petition with the following
observations :
Ramesh And Ors vs State Of Tamil Nadu on 3 March, 2005
Indian Kanoon - https://indiankanoon.org/doc/1084013/ 1


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