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Patna Court March 1993 Judgments

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Mar 03 1993

S. Ali Imam Vs. Lalit Narayan Mithila University and ors.

Court: Patna

Decided on: Mar-03-1993

S.B. Sinha and G.C. Bharuka, JJ.1. In this application the petitioner has prayed for issuance of an appropriate writ for quashing an order passed by respondent No. 3 dated 2-2-1993 whereby the petitioner was disallowed to appear at clinical and viva voce examination of D. Ortho course.2. The facts of the matter lines in a very narrow compass.3. The petitioner after passing his MBBS examination appeared in Post Graduate Medical Admission Test in the year 1991. He was selected for admission in Diploma in Anaethesiology. The petitioner, however was selected in Diploma in Anaethesiology. The petitioner was a regular student of Diploma in Anaesthesiology course for about six months. According to the petitioner he completed the course in Diploma in Orthopaedic in October, 1991 and thereafter he was sent up for examination held in the month of January 1992. He was also issued an admit card and thereafter appeared in three theoritical examination. According to the petitioner, however, he was ...


Mar 03 1993

R.K. Budhia and Company Vs. State of Bihar and ors.

Court: Patna

Decided on: Mar-03-1993

B.N. Agrawal and N. Roy, JJ.1. Heard the parties.2. This writ application has been filed for giving a direction to the respondents for unsealing the office premises of the petitioner and release of the articles belonging to the petitioner lying in its office. Further prayer has been made for release of the bus bearing registration No. BPN 8422 which has been seized.3. It is said that the petitioner has not received any notice of the certificate proceeding other than the notices enumerated in annexures '1' series.Yesterday when the case was heard, we directed learned Government Advocate, appearing on behalf of the State, to obtain instruction from the District Certificate Officer as to under what circumstance petitioner's office premises has been sealed and the articles kept therein have been seized. We also directed the learned Government Advocate to obtain instruction as to whether any notice has been given to the petitioner in the certificate proceeding or not. Pursuant to our direc...


Mar 02 1993

Ahmad Ali Akhtar and anr. Vs. Union of India (Uoi) and anr.

Court: Patna

Decided on: Mar-02-1993

B.C. Basak, C.J.1. A series of writ petitions were filed in this Court in respect of several notifications issued under Section 3 of Unlawful Activities (Prevention) Act, 1967 (hereinafter referred as 'the said Act'), whereby certain organisations were declared as 'Unlawful Associations' within the meaning of the said Act. This particular writ petition has been filed by two petitioners, namely, one Ahmad Ali Akhtar, who has described himself as President, Bihar Zone of Jammat-e-Islami-Hind (hereinafter referred to as the said 'Association') and by one Sri Qamrul Hoda, who has described himself as President, Patna Circle of the said Association. The constitutionality of the said Act and the notification issued thereunder have bean challenged on various grounds in this petition. The petitioners have challenged the notification dated 10th December, 1992, issued under Section 3(1) read with proviso to Sub-section (3) of Section 3 of the said Act, whereby the said Association was declared ...


Mar 02 1993

Lakh Narayan Karan Vs. Union of India (Uoi) Through the Special Secret ...

Court: Patna

Decided on: Mar-02-1993

Nagendra Rai, J.1. The present application has been filed for quashing the order dated 6-9-1983, contained in Annexure-8, passed by the Commanding Officer, 19-Vayu Raksha Regiment (respondent No. 5), by which he has sentenced the petitioner to suffer rigorous imprisonment for four months by confinement in a civil prison and dismissed him from the service in a summary Court Martial proceeding as well as the order dated 16th December, 1983 passed by the GOC-in-C, HQ. Northern Command, rejecting the petition filed by the petitioner against the aforesaid imposition of the penalty.2. The petitioner was appointed as a Gunner (Clerk-General Duties) in the Air Defence Regiment in the Indian Army. He took annual leave for 60 days in the month of January-February, 1983, and came to his village home at Bankatti, district Madhubani, and over-stayed the leave upto first week of April, 1983. Thereafter, he joined his duty. The Commanding Officer on production of medical certificate regularised his ...


Mar 02 1993

K.N. Farms Industries (Pvt.) Ltd. Vs. State of Bihar and ors.

Court: Patna

Decided on: Mar-02-1993

S.B. Sinha, J. 1. Whether a Tank is 'land' within the meaning of Section 2(f) of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961 (hereinafter referred to as the said Act) is the Principal question involved in this application. 2. The petitioner is a land-holder It filed a return alleging that it is in possession of 443.90 acres of land. 3. A draft publication was made whereafter an objection was filed by the petitioner under Section 10(2) of the said Act on 9-7-1975 inter alia alleging therein that certain tanks and ridges have wrongly been included in the said draft publication. 4. By an order dated 9-10-1982 passed in Ceiling case No. 250 of 1973, the Additional Collector held that the tanks in question come within the purview of the definition of 'land'. In terms of the said finding a notification under Section 11 of the Act was issued. A Gazette notification dated 16-3-1983 thereafter was published in terms of the provisions of Sub-sect...


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