Patna Court March 1993 Judgments
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Harendra Upadhya Vs. State of Bihar and ors.
Court: Patna
Decided on: Mar-19-1993
Nagendra Rai, J.1. The petitioner has filed the present writ application challenging the order of detention dated 13-6-92 passed by the District Magistrate, Gopalganj detaining the petitioner under Section 3(2) of National Security Act (hereinafter to be referred to as the Act) on being satisfied that it is necessary to prevent him from indulging in any manner prejudicial to the maintenance of public order and security of State.2. It appears that the detention order was served on the petitioner on 14-6-92 and the grounds of detention dated 13-6-92 was also served within time. Thereafter, the detention order was approved by the State Government on 24-6-92. The matter was referred to the Advisory Board and the Advisory Board also opened that the petitioner should be detained. Thereafter, the State Government confirmed the detention order.3. The petitioner had filed a representation, a copy of which has been annexed as Annexure-6 to the reply of the counter-affidavit, addressed to the G...
Prem Shankar Sharma Vs. the State of Bihar and ors.
Court: Patna
Decided on: Mar-19-1993
Binod Kumar Roy, J.1. The petitioner, Deputy Finishing House Incharge of the Ashok Paper Milk Limited (hereinafter referred to as the Company), through this writ application filed on 30-3-1989, prays to quash a communication made to him by the Works Manager Incharge of the Company (Respondent No. 4) vide letter dated 29-12-1987 (as contained in Annexure 8) to effect that as per the decision of the Board of Directors of the Company, he is being informed that his joining with effect from 4-11-1987 has not been accepted and that it will be considered only after a decision is taken to restart production of the Company. The petitioner also prays for issuance of an appropriate writ or direction of order commanding the Respondents to allow him to join on the post he was working prior to proceeding on leave granted by Respondent No. 4 as also to pay his salary and wages from August, 1985 to March, 1987 (the period during which he was on duty) and from 4-11-1987 to date.The Facts:2. The petiti...
National Insurance Co. Ltd. Vs. Nagendra P.D. Singh
Court: Bihar State Consumer Disputes Redressal Commission SCDRC Patna
Decided on: Mar-19-1993
K.P. Sinha, Member: 1. This is an appeal against the order of the learned District Forum, Patna dated 23.5.92 in Complaint Case No. 424 of 1991. By this order the learned District Forum has directed the opposite party National Insurance Company (appellant before us) to pay to the complainant (respondent before us) a total sum of Rs. 41,032/- including compensation of Rs. 10,000/- along with interest @ 18% with effect from 12.2.91 upto the date of payment. The Appellant have filed the appeal taking the plea that the learned District Forum made an award in favour of the complainant-respondent on conjectures and surmises without considering the contentions made in their written statement before the learned District Forum. 2. We have heard the learned Advocates for the appellant and the respondent and perused the records of the learned District Forum, Patna. 3. The facts of the case in brief are that the Maxi-Taxi bearing number BHC 2223 belonging to the complainant-respondent met an acci...
Deoraj Thakur Vs. State of Bihar and ors.
Court: Patna
Decided on: Mar-18-1993
S.B Sinha, J.1. This application is directed against the orders dated 27-111-1976 and 11-1-1977 as also the parcha granted in favour of the respondent No. 2 purported to be in exercise of power conferred upon him under the Bihar Privileged Persons Homestead Tenancy Act, 1947 (hereinafter to be referred to as 'the said A') as contained in Annexure-4 and 4-A respectively to the writ application.2. Shortly put the fact of the matter is as follows:3. The lands in question being plot No. 1480 appertaining to khata No, 489 of village Hasapur measuring 3 decimals was recorded in the name of Sri Saral Bania in Survey Settlement records of right.4. Respondent No. 3 filed an application for grant of Basgit Parcha in respect of the said land. The said application was put up before respondent No. 2 who is Collector under the said Act on 27-11-1976 alongwith the recommendations of the Halka Karamchari through the Circle Inspector in Form No. XXVI. The Anchal Amin had also made recommendations in f...
Governing Body of Siddharth Mahila Mahavidyalaya and anr. Vs. State of ...
Court: Patna
Decided on: Mar-18-1993
Radha Mohan Prasad, J.1. The petitioners in this application initially prayed for quashing of the order, contained in memo No. 629 dated 9th September, 1992, issued by the Additional Secretary, in the Human Resources Development Department, Government, Government of Bihar, Patna, respondent No. 4, (Annexure 17). Later, by a supplementary petition dated 21-12-1992, the petitioners also prayed for quashing of the order dated 2nd December, 1992. issued by the Secretary, Human Resources Development Department (Annexure 19), whereby and whereunder the claim of the petitioners to declare Sidharsh Manila Mahavidyalaya, Boring Cannal Road, Patna (hereinafter referred to as 'the College'), as minority teaching institution, has been rejected by the State Government.2. In short, the facts of this case are that petitioner No. 2, who claims to be a religious minority organisation consisting of persons having faith in Buddhist religion, established a girls' college in the name of Lord Buddha as the...
Bishwanath Tato and ors. Vs. the State of Bihar
Court: Patna
Decided on: Mar-18-1993
Nagendra Rai, J.1. The petioners, four in number, have filed the present application for quashing the order dated 1-9-1992, passed by the 1st Addl. Sessions Judge, Rohtas at Sasaram, in Sessions Trial No. 234/87, arising out of Sheosagar P.S. Case No. 77/86, by which he has summoned the petitioners under Section 319 of the Code of Criminal Procedure (herein-after referred to as 'the Code') to face the trial for the offences under Sections 147, 148, 149, 307, 380 of the Indian Penal Code and Section 27 of the Arms Act. At the time of admission, the learned Single Judge of this Court ordered that the application be heard by a Division Bench and that is how the matter has been placed before us for disposal.2. The facts giving rise to the present application are as follows. One Kapildeo Tato village Gajawandha lodged a fardbeyan on 8-10-1986 at about 3.10. a. m. before the Officer-in charge, Dehri Police Station, alleging, inter alia,t that in the same night after taking his meal he was s...
Ram Chandra Mahto and ors. Vs. the State of Bihar and ors.
Court: Patna
Decided on: Mar-17-1993
S.B. Sinha, J.1. In this application the petitioners have prayed for issuance of a writ of or in the nature of mandamus directing the District Magistrate, Patna and Sub-divisional Magistrate, Patna City to remove the encroachment made by the respondent Nos. 5 to 9.2. The fact of the matter lies in a very narrow compass.3. The State of Bihar allegedly acquired lands for construction of a bridge across the river Ganga commonly known as 'Gandhi Setu' and pursuant thereto the lands of the petitioners had also been acquired. A rehabilitation Scheme was framed by the State for rehabilitating the persons who bad been displaced owing to acquisition of their lands for the aforementioned public purpose.4. The petitioners have contended that in lieu of their lands which were acquired by the State of Bihar they had been given the lands by the State of Bihar in terms of the aforementioned rehabilitation scheme as described in Schedule 1 to the writ application.5. However, it was allegedly found by...
Mohan Rai and ors. Vs. State of Bihar and ors.
Court: Patna
Decided on: Mar-17-1993
S.B. Sinha, J. 1. This application is directed against the resolution dated 10-5-1991 passed by the Member, Board of Revenue in case No. 448 of 1990, as contained in Annexure-3 to the writ application, whereby and where-under, he set aside the orders dated 27-6-1990 passed by the Collector (respondent No. 3} as also the order dated 22-9-1989 passed by the Deputy Collector, Land Reforms (respondent No. 4) in terms whereof an application for pre-emption filed on behalf of the petitioners was rejected. 2. The fact of the matter lies in a very narrow compass. 3. The petitioners purchased the lands in question by reason of registered deed of sale dated 15-6-1981. The respondent No. 5 (pre-emptory) filed an application for pre-emption in terms of Section 16(3) of the Bihar LandReforms (Fixation of Ceiling Area and Acquisition of Surplus Land Act, 1961 (hereinafter referred to as 'the Act') claiming himself to be an adjoining raiyat. The petitioners also claimed themselves to be the adjoini...
Mostt. Sakuntala Devi and ors. Vs. the State of Bihar and ors.
Court: Patna
Decided on: Mar-16-1993
S.B. Sinha, J.1. This application is directed against a resolution dated 2-12-1982 passed by the Additional Member, Board of Revenue, as contained in Annexure-1 to the writ application whereby and whereunder the revision application filed by Respondent number 3 has been allowed.2. The fact of the matter lies in a very narrow compass.3. Respondent No. 3 purchased 11 Katha, 5 Dhurs of lands from Guneshwar Singh by a registered deed of sale dated 15-6-1979 which was registered on 17-7-1989.4. Sita Devi was allegedly one of the adjoining raiyats. Subsequently, Respondent No. 3 purchased 10 Kathas of lands from Sita Devi by reason of a registered deed of sale dated 29-8-1979 which was registered on 26-9-1979.5. An application for pre-emption was filed by the petitioner in respect of the aforesaid deed of sale dated 15-6-1979 on 3-9-1979.6. The question, which arises for consideration in this application, is as to whether the Respondent No. 3 by reason of his subsequent purchase from the ad...
Naresh Rai Alias Naresh Singh and ors. Vs. State of Bihar
Court: Patna
Decided on: Mar-16-1993
S. Haider Shaukat Abidi, J.1. In Criminal Appeal No. 300 of 1989 all the seven appellants have been convicted under Section 148 of the Indian Penal Code and sentenced to two years rigorous imprisonment. Appellant No. 2 --Mokhtar Rai has further been convicted under Section 307 and 323 of the Indian Penal Code (for short I.P.C.) and sentenced to six years and six months rigorous imprisonment under the respective counts. Appellant No. 4 Sheoji Rai has also been convicted under Section 324, I.P.C. and sentenced to one year rigorous imprisonment. Criminal Appeal No. 306 of 1989 has been preferred by appellant Thakur Rai against his conviction under Section 302 and 148, I.P.C. and sentence of rigorous imprisonment for life and two years under respective counts. Both the appeals arise out of the same judgment and they have been heard together and they are being disposed of by this common judgment.2. According to the fard-beyan (Ext. 4) given by Hari Charan Yadav (P.W. 9) on 27-1-1977 at 8.1...
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