Patna Court April 1993 Judgments
Mala Yadav and ors. Vs. State of Bihar
Court: Patna
Decided on: Apr-30-1993
Narinder Singh Rao, J.1. Mala Yadav, Somara Yadav, Inderdeo Yadav and Rajiram Yadav, the appellants, stand convicted under Section 307 read with Section 34 of the Indian Penal Code (hereinafter referred to as the Code) and sentenced to undergo rigorous imprisonment for five years each, Feeling arrived, they have preferred this appeal.2. Mala Yadav and Somara Yadav appellants are brothers inter se. Inderdeo Yadav appellant is the son of Mala Yadav appellant, and Rajiram Yadav appellant that of Somara Yadav appellant. They are residents of Reria, district Rohtas, to which village informant Sakhi Yadav (PW 5) as also Ram Briksha Yadav (PW 1), Ramesh Sing (PW 2), Jhari Yadav. (PW 3) and Mukhdeo Yadav (PW 4) also belong, PW 1 is the son of the informant. The parties are having their adjoining fields at some distance from the abadi of the village. Near those fields is situate that plot, over which a dispute was pending between the parties in August, 1985, and even prior thereto.3. The pros...
Tag this Judgment!Hasheed Khan Vs. the Divisional Manager, National Insurance Co. Ltd. a ...
Court: Bihar State Consumer Disputes Redressal Commission SCDRC Patna
Decided on: Apr-30-1993
B.N. Sinha, President: 1. The complainant has filed this case against the O.Ps. claiming Rs. 1,82,900/- with interest at the rate payable by the Commercial Banks from the National Insurance Company Limited, the opposite party. 2. The complainant has filed his complaint petition with the averments and annexures hereinafter mentioned. The complainant has got his market complex known as Rajdhani Market situated on Bari Road, Patna which had double storied market complex fitted with all amenities. It had been insured to O.P. No. 3 against all risks inclusive of fire on 30.10.89 for a period of one year expiring on 29.10.90 for a sum of Rs. 11,00.,000/- per Policy No. 3102652 with the National Insurance Company Limited, the opposite party. On the night of 19.10.90 at about 2.30 a.m., fire broke out in the market complex of the complainant which could be extinguished by the Fire Brigades, Patna after struggling for many hours. The fire brigade granted a certificate to that effect which is An...
Tag this Judgment!Shambhu Nath Sheo Prasad Vs. Commissioner of Income-tax.
Court: Patna
Decided on: Apr-27-1993
BY THE COURT :Heard counsel for the parties.2. The instant writ application has been preferred by the petitioner for quashing the notice issued under s. 148 of the IT Act, 1961, which is Annexure-3 to this application. The petitioner has been called upon to file return of income-tax for the asst. yr. 1990-91. The sole ground on which the notice has been issued under s. 148 of the IT Act is challenged is that the Assessing Officer before issuing the notice has not recorded his reasons and, therefore, has improperly exercised his jurisdiction. It was submitted that unless reasons exist justifying issuance of notice under s. 148 of the IT Act, the ITO has no jurisdiction to issue such notice.3. To satisfy ourselves, we required the Department to file a counter-affidavit and to produce the record before us. Accordingly, a counter-affidavit has been filed and the record produced. We may only observe that the notice does not disclose any reason, but that may not be necessary if reasons can ...
Tag this Judgment!Akhileshwar Mishra Vs. State of Bihar and ors.
Court: Patna
Decided on: Apr-27-1993
S.B. Sinha, J. 1. This application is directed against a letter dated 9-12-1991 issued by the Circle Officer, Bagha-2 and addressed to the Land Reforms Deputy Collector, Bagaha whereby a purported verification report had been sent to him as contained in Annexure-7 to the writ application as also the verification report as contained in Annexure-8 thereto. 2. One Girdharan Prasad Mishra, grand father of the petitioner was the landholder. A proceeding under the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961 (hereinafter referred to as the said Act) was initiated against him being Ceiling Case No. 14 of 1975. The landholder filed objection which was rejected. The matter went up to the Member, Board of Revenue, who held that the petitioner is entitled to five units. The Member, Board of Revenue further allegedly upheld the objections filed by the petitioner with regard to exclusion of lands transferred or donated by (sic) virtue of deeds of gift....
Tag this Judgment!Awadh Kishore Tewary Vs. the State of Bihar and ors.
Court: Patna
Decided on: Apr-27-1993
S.B. Sinha, J.1. This application is directed against an order dated 30th September, 199l passed by the respondent No. 2 and as contained in Annexure-1 to the writ application whereby and whereunder he has set aside the order dated 31-3-1989 passed by the Deputy Director of Consolidation, Muzaffarpur in Appeal No. 9 of 1989.2. Short put the fact of the matter is as follows :The lands in question which have been described in paragraph 3 of the wait application, were entered in the name of Radhika Tewary and Ramashray Tewary sons of Suraj Tewary and Bikram Tewary. The petitioner and the respondent No. 3 are sons of Radhika Tewary.3. According to the petitioner there had been a parties amongst the Radhika Tewary and his brothers in the year 1974 wherein the disputed land was allotted in the share of Radhika Tewary. Radhika Tewary executed a deed of gift dated 26-4-1986 in favour of the petitioner. Allegedly before execution of the said deed, permission was obtained from the authorities u...
Tag this Judgment!Anil Kumar and ors. Vs. State of Bihar and ors.
Court: Patna
Decided on: Apr-23-1993
S.B. Sinha, J.1. These two writ applications involving common questions of Law and fact were, with the consent of the parties, taken up for hearing together and are being disposed of by this common judgment.2. In C. W. J. C. No. 1480 of 1991, the petitioners have prayed for quashing of an advertisement bearing No. 22 of 1990 as contained in Annexure-14 thereto whereby applications were invited for filling up 21 posts of Drug Inspectors and also for a direction to the Bihar Public Service Commission to send the merit list along with the recommendations for appointment of the petitioners thereof, pursuant to the advertisement No. b of 1977 in terms of the direction of the Supreme Court dated 6th August, 1986, as contained in the State Government latter dated 13th April, 1989.3. The petitioners in both the writ applications have prayed for their appointment as Drug Inspectors as they hold the requisite qualifications therefor. The petitioners of C. W. J.C. No. 1470 of 1991 obtained a deg...
Tag this Judgment!Manish Kumar and Etc. Vs. State of Bihar and ors., Etc.
Court: Patna
Decided on: Apr-23-1993
Nagendra Rai, J. 1. The common questions of law and facts are involved in all the above seven cases and as such they have been heard together and are being disposed of by this common judgment. 2. There are two petitioners in C.W.J.C, No. 3862 of 1992(R) and single petitioner in all other six writ applications. They have filed the present writ applications under Arts. 226 and 227 of the Constitution of India challenging the order dated 18-6-1992 issued by the Principal, Patliputra Medical College, Dhanbad who is one of the respondents inall these writ applications by which the admissions of the petitioners against 15% all India quota in Patliputra Medical College in first year M.B.B.S. course in sessions 1990-91 and 1991-92 have been cancelled on the ground that he was informed by Dr. Girish Tayal, Assistant Director General (ME), Directorate General of Health Services (Medical Examination Cell), Nirman Bhawan, New Delhi, one of the respondents in all these writ applications, vide let...
Tag this Judgment!Manohar Prasad Singh, Vs. the State of Bihar and ors.
Court: Patna
Decided on: Apr-22-1993
S.B. Sinha, J.1. As all these writ applications arias out of the same matter, they were with the consent of the parties taken up for hearing together and are being disposed of by this common judgment.FACTSA land ceiling proceeding being Ceiling Case No. 54/37 of 1973-74 was started against Upendra Narain Singh father of the petitioner of CWJC No. 4810 of 1983 with regard to 15-3 acres and 191/2 decimals of land i.e. 20-59 acres of class III. 12-18 acres of class IV and 120-42 acres of class V lands.2. Asha Devi (who is petitioner in CWJC No. 597/84), the daughter of the land-holder is said to have taken settlement on 39.99 1/2 acres of land in the year 1944-45 from the then landlord. Her name was allegedly mutated and she had been granted rent receipts by the ex-landlord.3. Shri Ram Karan Choudhary petitioner of C.W.J.C. No. 605 of 1984 is said to be purchasers in respect of 19.84 acres of land.4. By an order dated 31-7-1975 as contained in Annexure-1 to the writ application, the then...
Tag this Judgment!Neelam Kumar and ors. Vs. State of Bihar and ors.
Court: Patna
Decided on: Apr-21-1993
S.B. Sinha, J. 1. In these writ applications, the petitioners have sought for issuance of a writ of mandamus directing the Superintendent Sri Krishna Medical College Hospital, Muzaffarpur, to forebear from giving effect to the letter bearing No. 1006 dated 14-7-1992 whereby and whereunder the admission of the petitioners to the General Nursing and Mid-wifery course, 1987 had been cancelled. 2. The fact of the matter lies in a very narrow compass. The Department of Health of the State of Bihar with a view to obtain the service of trained nurses and mid-wives conducts courses of training in nursing and midwifery in different Medical College. The duration of such training is 3 1/2 years. Thus training for nurses is 3 years and training of mid-wifery is six months thereafter, 3. An advertisement had been issued in a Local daily newspaper Aryabarta dated 9-9-87 inviting applications from eligible candidates. The requisite qualification for the admission was a certificate of 10+2 or Interm...
Tag this Judgment!Umesh Kumar Bhandari Vs. State of Bihar and ors.
Court: Patna
Decided on: Apr-19-1993
1. Heard learned counsel for the parties. 2. The petitioner claims that his case should be considered for being granted admission to M. S. (General Surgery) course. It is not disputed before us that on the basis of the result declared, he was selected for admission to M. D. (Radiotherapy). Reliance is placed upon Annexure 1 and it is submitted that the case of the petitioner should have been considered for being adjusted against M. S. (General Surgery). He further submits that this matter was considered by the Board and its minutes (Annexure-5) disclose that since the application form of the petitioner was not available, the matter remained pending. Thereafter no order has been passed. 3. Annexure 1 is quite clear and unambiguous and provides that against Central quota seats which may have been released by the Central Government, candidates who have been selected and admitted on the basis of P.G.M.A.T. should submit an application to the Principal concerned in the prescribed form for...
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