Patna Court January 1997 Judgments
Sahil Kumar Dean Vs. State of Bihar and anr.
Court: Patna
Decided on: Jan-13-1997
S.K. Chattopadhaya, J.1. The petitioner was appointed as Assistant Manager of Bihar State Food Corporation at Topchanchi and worked as such from 1.6.1994 to 15.10.1995. He has been made an accused in complaint case No. 6/96 for an offence under Section 409 of the Indian Penal Code. He has moved this Court in the present application for quashing the order dated 1.5.1996 by reason of which the learned Additional Chief Judicial Magistrate, Dhanbad has taken cognizance of the offence and has issued summons to the petitioner.2. It appears that during his tenure as Assistant Manager, Food Corporation, a complaint was filed against him by the District Manager of Bihar State Food and Civil Supplies Corporation Ltd. alleging, inter alia, that ihe petitioner while acting as Assistant Godown Manager, misappropriated and embazzaled the sale proceeds of food grains worth Rs. 1, 21,406.18 paise of Topchanchi godown, during the period from 1.6.1994 to 15.10.995 and converted the said sale proceeds t...
Tag this Judgment!Mohd. Muslim and ors. Vs. State of Bihar and ors.
Court: Patna
Decided on: Jan-13-1997
S.N. Jha, J.1. This writ petition arises out of proceeding relating to the preparation of register of land under the Bihar Consolidation of Holding and Prevention of Fragmentation Act, 1956. The facts of the case shorn of unnecessary details are as follows.Predecessor-in-interest of respondents 5 to 8 claiming sikmi rights in the lands in dispute filed an objection under Section 10(2) of the said Act registered as Case No. 19 of 1976 before the Consolidation Officer, Amarpur which was rejected on 2.7.76. The respondents did not prefer any appeal as provided under Section 10(6) of the Act. Instead, after long gap they filed fresh application under Section 12(2) of the Act before the Consolidation Officer. The Consolidation Officer observed that the dispute between the parties had already been decided and if the respondents were not satisfied they should have preferred an appeal. The present application under Section 12(2) was not maintainable. Accordingly, he rejected the application. ...
Tag this Judgment!Bihar State Stamp Vendors Association and anr. Vs. State of Bihar and ...
Court: Patna
Decided on: Jan-13-1997
Aftab Alam, J.1. This writ petition has been filed at the instance of the Bihar Stamp Vendors Association and its Secretary who are petitioners 1 and 2 respectively. They seek to challenge the fresh 'appointments' of stamp vendors in the districts of Samastipur, Khagaria and Banka. It may be noted at the out set that though in the writ petition the expression mostly used is 'appointment of stamp vendors', it is not a case of appointment in any Government employment but issuance of licence for vending judicial and non-judicial stamps etc. at certain commissions. The petitioners have impleaded the authorities issuing the licenses and the persons in whose favour fresh licences have been issued for vending stamps. Respondents No. 8 is the Collector, Samastipur and respondents 6, 7 and 8 are the persons who have been granted fresh licences in the district of Samastipur ; respondent No. 4 is the Collector, Khagaria and respondent No. 9 is the person who has been given a fresh stamp vending ...
Tag this Judgment!Pawan Kumar Jha Alias Pawan Jha Vs. State of Bihar and ors.
Court: Patna
Decided on: Jan-10-1997
Choudhary S.N. Mishra, J.1. After having heard the learned Counsel for the parties this writ application is being disposed of at the admission stage itself. In this writ application the petitioner has prayed for quashing of the orders dated 3.9.93, 27.12.93 and 30.10.94, copy of which have been made Annexures 1, 2 and 3 respectively in this writ application, by which the licence granted to the petitioner under the provisions of Bihar Trade Articles (Licences Unification ) Order, 1984, is sought to be cancelled by the respondent authority. The petitioner has challenged the orders only on the ground that neither any show cause notice was issued to the petitioner nor any opportunity was given to him of being head before passing the impugned order. Specific statements have been made in paragraphs 19 and 20 of this writ application which are as follows-19 That it is stated and submitted that before passing the impugned order cancelling the licence neither show cause/explanation was asked f...
Tag this Judgment!Patna Citizen Forum Vs. State of Bihar and ors.
Court: Patna
Decided on: Jan-10-1997
B.P. Singh and N.K. Sinha, JJ.1. This matter is being heard for a considerably long time and we had given every opportunity to the Government correct itself, so that there is no necessity for us to say anything which may of do credit to the Government. We are at our wit's end and it seems rather than correcting itself the Government has taken advantage of the pendency of this writ petition to queer the pitch for us. We have not decided to grant no ore indulgence and proceed strictly in accordance with law.2. A few facts have become quite obvious. As recorded in our order dated 23-1994 the rules for allotment of Government Quarters were being blatantly related. We had directed the Advocate General to place before us all relevant material to satisfy us that the allotments made between the year 1990 id 1994 were made in accordance with the rules. We had directed him to produce the reasons recorded for such allotment. We had also required him to tasty us that if any allotment was made wit...
Tag this Judgment!Shambhu Sharan Vs. Ranchi University and ors.
Court: Patna
Decided on: Jan-09-1997
M.Y. Eqbal, J.1. In this writ application the petitioner seeks declaration that B.N.S. Law College ( Bhishm Narayan Singh Law College) at Daltanganj, (hereinafter referred to as the college) has since been granted temporary affiliation for a period of 5 years to run the Law college by the Bar Council of India in terms of letter dated 6.12.1993 (Annexure-4), the respondents' Ranchi University and its officials are bound to recognise the said college as affiliated college of Ranchi University for all practical purposes. Further a prayer has been made for a direction to the respondents-University to conduct special examinations for the Sessions 1989-90 and to publish result of the LL.B. Part I and Part II examination for the Sessions 1989-90 and 1990-91.2. the writ application has been filed at the instance of the petitioner who is a student of the said college and has claimed to have filed the writ in representative capacity on behalf of other students of the said College. According to ...
Tag this Judgment!Girdhari Lal Jatana and ors. Vs. State of Bihar and anr.
Court: Patna
Decided on: Jan-09-1997
M.Y. Eqbal, J.1. The petitioners who are nine in numbers have filed this application under Section 482 of the Code of Criminal Procedure for quashing the entire criminal proceeding including the order dated 27.1.1996 passed by the Judicial Magistrate 1st Class, Patna in Complaint Case No. 975(C) of 1995 taking cognizance of an offence under Section 323, 324, 120B, 498A of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act. The aforesaid complaint case was initiated on the basis of complaint filed on 27.7.1995 before the Chief Judicial Magistrate Patna by opposite party No. 2 who is wife of petitioner No. 9.2. The undisputed facts are that the elder sister of opposite party No. 2 (complainant) resides with her husband and other family members in Delhi. The negotiation of marriage was initiated and settled by the petitioner and father of complainant and ultimately the marriage was solemnised at Delhi and, thereafter, petitioner No. 9 and the opposite party No. 2 started ...
Tag this Judgment!Lakhan Yadav and ors. Vs. Most. Raj Kala Devi and ors.
Court: Patna
Decided on: Jan-06-1997
Dharampal Sinha, J.1. This second appeal is directed against the judgment and decree passed by Sri S.N. Sinha, 1st Additional District Judge, Darbhanga on 7.12.1977 in Tide Appeal No. 127 of 1974/7 of 1977 affirming the judgment and decree of the Trial Court passed on 19.9.1974 in Title Suit No. 276 of 1968/2 of 1974.2. The appellants herein were defendants 1st party against whom Respondent 1st party in the appeal (who were the plaintiffs) had instituted the suit for declaration of title and recovery of possession besides mesne profits in respect of the properties involved in the suit. With regard to the land in suit Jadu Rai, respondent 3rd party (defendant 3rd party before the trial court) had executed two sale-deeds--one dated 14.9.1965 (Ext. I/A) in favour of the plaintiffs-respondents 1st party and another sale-deed dated 7.2.1996 (Ext. A2) in favour of the appellants but in the benami name of the Damodar Rai, Respondent-defendant 2nd party.3. At the time of admission of this sec...
Tag this Judgment!Indian Drugs and Pharmaceuticals Ltd. and ors. Vs. State of Bihar and ...
Court: Patna
Decided on: Jan-05-1997
M.Y. Eqbal, J.1. In this application filed under Section 482 of the Code of Criminal Procedure,the petitioners have prayed for quashing of the order dated 29th February, 1996 passed by the Judicial Magistrate, 1st Class, Patna whereby and whereunder cognizance of the offence has been taken against all the petitioners under Sections 406, 420 and 120B, I.P.C. in Complaint Case No. 939 (C) of 1995.2. The brief facts of the case are that on 31st October 1995, the complainant O.P. No. 2 filed a complaint petition in the court of learned Chief Judicial Magistrate, Patna alleging inter alia that the complainant who is the Managing Director of M/s. Sona Pharma Labs. Pvt. Ltd. had approached the Company M/s. Indian Drugs and Pharmaceuticals Ltd. (hereinafter to be referred to as the 'IDPL') for appointing him as Clearing and Forwarding agent for its production. According to the complainant, he was assured to be appointed as such according to the terms and conditions, as laid down in the agreem...
Tag this Judgment!Niranjan Mahto Vs. State of Bihar and ors.
Court: Patna
Decided on: Jan-03-1997
P.K. Deb, J.1. The petitioner is a dealer of fair price shop having Licence No. 36/1984 and the shop is situated at Kanke Block, Ranchi. While he was running his fair price shop, he received a notice on 2.4.1996 issued by the respondent No. 3, wherein allegation has been brought that some consumers/villagers have raised voice for cancellation of the licence on the ground that distribution of foodgrains is not being done properly as the petitioner keeps his shop closed for a considerable period every month. The said notice is contained in Annexure-1. On receipt of the notice, the petitioner sought for time as he was then bed ridden due to ailment for filing reply to the show cause, which is contained in Annexures-2 and 2/a. But without considering the aforesaid time petition filed by the petitioner and without giving any reasonable opportunity of hearing, the respondent No. 3 has cancelled the agreement vide order dated 13.4.1996 as contained in Annexure-3. This has been challenged and...
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