Patna Court March 1995 Judgments
Hotel Brosen and anr. Vs. the State of Bihar and ors.
Court: Patna
Decided on: Mar-28-1995
Asok Kumar Ganguly, J. 1. Heard learned counsel for the parties and considered the materials on record. This matter is being disposed of at the admission stage by passing the following order:2. This writ petition has been filed, inter alia, with a prayer for issuance of a writ of mandamus restraining the Bihar State Financial Corporation (hereinafter called the said Corporation) from acting in furtherance of the notice issued under Sections 29 and 30 of the State Financial Corporations Act (hereinafter to be referred to as the said Act). There is also a subsidiary prayer to restrain the Officers of the said Corporation from, in any way, interfering with the running of the unit of the petitioner which is a hotel at Madhupur.3. For the purpose of disposal of this writ petition, the following facts may be recorded :The case of the petitioner, inter alia, is that with the technical support of civil engineer, a project report of the proposed Hotel Brosan at Madhupur (hereinafter called th...
Tag this Judgment!Hari Krishana Prasad Keshari and ors. Vs. State of Bihar and ors.
Court: Patna
Decided on: Mar-24-1995
R.N. Sahay, J.1. Heard Shri S.N. Lal, learned Counsel for the petitioner and Mr. Triveni Mishra, learned Counsel for the respondent Nos. 5 and 6.2. In this application the impugned orders are (1) order dated 28.12.1987 passed by the Deputy Commissioner, Gumla in S.A.R. Appeal No. 33/86 (Annexure-6) and (2) order dated 29.3.1988 passed by the Commissioner, South Chotanagpur Div. Ranchi in Gumla Revenue Revision No. 53/88 (Annexure-7) confirming the order of the Deputy Commissioner, Gumla dated 28.12.1987.3. It is admitted fact that the lands of Khata No. 407 within the Plot No. 1000 measuring an area 0.77 acres in village Basoowa, P.S. Gumla was recorded in the name of Fekua Mahali and Bandhua Mahali, father of respondent Nos. 5 and 6 respectively in the revisional survey record of rights. The recorded tenant by virtue of registered deed of surrender dated 9.11.1936 surrendered the said land to the Manager, Bhargaon Encumbered v. Estate (Annexure-1). By virtue of registered Hukumnama d...
Tag this Judgment!Dharmpal Sharma Vs. State of Bihar
Court: Patna
Decided on: Mar-23-1995
R.N. Sahay, J.1. This application was placed for admission before B.P. Singh, J., who by his order dated 5.2.1993 referred this case for hearing before a Division Bench to decide the correctness of the decisions of this Court reported in 1992 Eastern India Criminal Case page 5 and 1987 PLJR page 678.2. These decisions undoubtedly support the contention of the petitioner that if a person is prosecuted for violation of Bihar Essential Articles (Display of Price and Stock) Order 1977 without official sanction and at the same time he is also prosecuted for violation of another order for which no sanction is necessary, the entire order of cognizance will be rendered illegal and therefore his prosecution for latter offence shall also fail.3 In this case the prosecution of the petitioner was lounched under the following circumstances:On 25.10.1991, the Supply Inspector, Ghatshila submitted a written report to the Ghatshila police station to the effect that at about 11 a.m. he alongwith Block...
Tag this Judgment!Ajay Kumar Prasad Vs. Bihar State Electricity Board and ors.
Court: Patna
Decided on: Mar-23-1995
Bisheshwar Prasad Singh, J.1. The petitioner herein has impugned the order dated 3.2.1993 (Annexure-5) passed by the Bihar State Electricity Board placing him under suspension pursuant to the initiation of a departmental proceeding against him by a resolution of the Board dated 9.12.1992 (Annexure-4). From Annexure-4 it appears that the Board by a resolution dated 9.12.1992 decided to initiate a departmental proceeding against the petitioner for enquiry into alleged acts of misconduct, and also appointed an enquiry officer to enquire into the charges levelled against the petitioner. The aforesaid annexure also discloses that a copy of the charge-sheet alongwith other relevant documents were directed to be served upon the petitioner.2. The submission urged on behalf of the petitioner is that the respondent-Electricity Board has no power to place the petitioner under suspension, and reliance is placed upon an earlier order passed by this Court in C.W.J.C. No. 3689 of 1992 (R) dated 8.1....
Tag this Judgment!Ashok Kumar Singh Vs. State of Bihar and ors.
Court: Patna
Decided on: Mar-23-1995
P.K. Deb, J.1. In this writ application, the petitioner who is posted as Additional Collector (Land Ceiling), Palamau, Daltonganj has prayed for issuance of an appropriate writ for quashing the order dated 26.7.1993 contained in letter No. 7423 issued by the Under Secretary, Government of Bihar (respondent No.3) refusing promotion of the petitioner to the post of Super time selection-1 (Annexure-5) and also for further directions for giving .further promotion to the petitioner from the date from which the officers junior to the petitioner have been promoted to the said promotional posts.2. The petitioner entered into the State services in the year 1963 as Sub Deputy Collector and he was promoted as Deputy Collector in the year 1965 and received Senior Selection grade on and from 4.2.1981 and joined as Secretary, Some Command Area Development Agency, but on 29.2.1984 a criminal prosecution was lodged against several persons including the petitioner regarding forgery and Financial invol...
Tag this Judgment!Ranchi Refractories Vs. Bihar State Financial Corporation and ors.
Court: Patna
Decided on: Mar-22-1995
R.N. Sahay, J.1. The petitioner, M/s. Ranchi Refractories is a firm having its work and office at Ancillary Industrial Area, Tupudana, Hatia, Ranchi. The main respondent is Bihar State Financial Corporation. The other respondents are Union of India, State Bank of India nad the officers of Respondent No. 1.2. This application was filed on 21.3.1986. By order dated 11.4.86, this Court directed for issuance of notice upon the respondents and by interim order, the auction pursuant to notice dated 17.3.1986 (Annexure-3) was stayed on the condition that the petitioner deposits a sum of Rs. 50, 000/- with the branch of the Corporation at Ranchi. The said order subsequently became inoperative, in view of order dated 20.8.1986 by which the said application was dismissed. The petitioner filed an application for modification of the aforesaid order. this Court directed the siad matter to be placed again for necessary orders. The following order was passed on 4.11.1986 by a Bench of this Court:--1...
Tag this Judgment!Sushil Kumar Gupta Vs. State of Bihar and anr.
Court: Patna
Decided on: Mar-22-1995
Radha Mohan Prasad, J. 1. With the consent of the parties this application is admitted and has been finally heard. 2. The present writ application is directed against the notification bearing No. 5995 dated 14-9-1994, a photo copy whereof has been annexed as Annexure 7, whereby and whereunder the Governor of Bihar in exercise of the power conferred under Section 10(d) of the Notaries Act (hereinafter referred to as 'the Act') has been pleased to remove the name of the petitioner, who was appointed as a Notary under Law Department's Notification No. 13557 dated 7-12-1984 from the Register maintained for Notaries under Section 4 of the Act. 3. The short relevant facts are that initially the petitioner, who was appointed as a Notary under Section 3 read with Rule 8(4) of the Act, vide aforementioned notification dated 7-12-1984 (Annexure 1), after the expiry of the term framed, applied for renewal and was granted the last renewal till 7-12-1993, vide Annexure 5. Before the expiry of the ...
Tag this Judgment!Subodh Rai Vs. State of Bihar and ors.
Court: Patna
Decided on: Mar-15-1995
S.K. Home Choudhary, J.1. The petitioner has approached this Court in this writ petition for issue of a writ in the nature of habeas corpus commanding respondent No. 4 to produce Smt. Veena Devi, who, according to the petitioner, is his married wife.2. The petitioner has contended in the petition that he and Veena Devi got married in a temple in the year 1994 and they started to live conjugal life. But as the petitioner belongs to Yadav caste and Veena Devi belongs to Vaishya community, they had to face many difficulties due to intercaste marriage. A week ago, respondent No. 4, the father of Veena Devi along with some anti-social elements came to the residence of the petitioner and took away Veena Devi by force. When the petitioner approached to get Veena Devi back, respondent No. 4 threatened to kill him. The petitioner, informed the Police, but the police did not taken any action.3. In reply to the notice, Respondent No. 4 has filed affidavit-in-opposition stating that Veena Devi is...
Tag this Judgment!Uma Kant Jha and ors. Vs. Shital Thakur and ors.
Court: Patna
Decided on: Mar-14-1995
S.J. Makhopadhaya, J.1. The petitioners are Defendant Nos. 17 and 18 in the court below. They have challenged the impugned order dated 25th August, 1994 passed in Partition Suit No. 111/71 by the learned Munsif, I. Madhubani.2. After the preliminary decree made in the partition suit, the survey knowing Pleader Commissioner was appointed. He submitted report. After hearing the objection of all die parties, by the impugned order dated 25th August 1994, the learned Munsif, I, Madhubani has accepted the report of the Pleader Commissioner, namely, Shri Madan Mohan Mishra and confirmed the same.3. The defendants petitioners have challenged the aforesaid impugned order dated 25th August 1994, by which court below accepted and confirmed the report of the pleader Commissioner, Shri Madan Mohan Mishra; by filing the present Civil revision application.4. The office of this Court by its stamp report has raised an objection regarding maintainability of the present civil revision application agains...
Tag this Judgment!Radhe Shyam Pathak Vs. Municipal Commissioner of Dhanbad Municipality ...
Court: Patna
Decided on: Mar-10-1995
P.K. Deb, J.1. On grievance of superannuating him before the attainment of the age of 58 years by the Respondent Nos. 2 and 3, the petitioner has come up with this writ application for a direction to quash the impugned order contained in Annexure-4.2. This Annexure-4 has been parsed on the basis of a Government direction given by Annexure-1, to the effect that the employees under the Municipality or other Government Undertakings who have completed 40 years of services should be made to superannuate. According to the petitioner, he entered in the service at the age of 16 years and as such although he served for 40 years at Dhanbad Municipality, he is. yet to attain the age of superannuation and as such there being no Rule for retirement before the age of superannuation without any disciplinary proceedings, the Annexure4 is bad in the eye of law.3. Rule 73 of the Bihar Service Rules provides the age of superannuation of the Government employees of the State as 58 years and this Rule has...
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