Patna Court October 1999 Judgments
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Lakshmi Safi Vs. Union of India (Uoi) and ors.
Court: Central Administrative Tribunal CAT Patna
Decided on: Oct-13-1999
1. Whereas, the applicant and the respondent No. 6, both, alongwith three others, were candidates sponsored by the concerned Employment Exchange to the selection for appointment on the post of EDDA-cum-EDMC, Ranna EDBO in Darbhanga Postal Division, it was the respondent No. 6 who was appointed by the postal Authority i.e, the respondent No. 5, as per letter dated, 11th November, 1993, and the candidature of the applicant was turned down on the ground that there was a criminal case then pending against him. The applicant has, therefore, impugned the letter of appointment dated, 11th November, 1993, on the ground of its being illegal and arbitrary and has, simultaneously, prayed for a direction upon the official respondents to consider his case for appointment to the post.2. On factual score, there was no controversy at all that, left to the educational qualification, it was the applicant, who had secured better marks as compared to the respondent No. 6 in Matriculation standard or equi...
Water Resources Survey Employees Vs. Union of India (Uoi) and ors.
Court: Central Administrative Tribunal CAT Patna
Decided on: Oct-13-1999
1. Heard learned counsel appearing on the either side. The applicant No. 1 in this case is Water Resources Survey Employees Union, having 156 members including the applicant No. 2. The members are Seasonal Khalasi employed in Central Water Commission, (CWC), Middle Ganga Division-IV Patna. The applicants seek direction upon the respondents i.e. the authority concerned of the CWC to employ all the members of the Union from 1.10.1999 to 30.10.1999 i.e. for a period beyond three and half months during the current monsoon season. There is an additional prayer also to direct the respondents to employ all those members of the Union year to year for a period of 4 1/2 months even in future.2. The instant case centres around the orders of appointment dated 5.6.1999 in the nature of Annexure-1 issued to each and every member of the Union. Be it recorded here that this order of appointment speaks of engaging the applicants (members) on the post of Seasonal Khalasi for a limited period from 15th ...
Sudama Singh and anr. Vs. Rama Singh
Court: Patna
Decided on: Oct-13-1999
P.K. Deb, J.1. This revision petition has been preferred against the judgment and order dated 12-8-1994 passed by the Additional Sessions Judge, XII Patna in Criminal Appeal No. 175 of 1992 whereby and whereunder the judgment of conviction and sentence passed by the Judicial Magistrate, 1st Class, Patna, in Complaint Case No. 49(c)/87, Trial No. 612/87, has been confirmed. The petitioners have been convicted under Sections 457 and 380, I.P.C. and sentenced to undergo rigorous imprisonment for two years each on both counts and the sentences were asked to run concurrently.2. An information was lodged by the complainant to the effect that on the night of occurrence, i.e., on 1-10-1984 after hearing some sounds, he opened up his doors and found that several heads of cattle and a she-buffalo disappeared from his compound. While he was searching for those cattle heads, he could see these two accused-persons (petitioners) fleeing away and he had firm doubt that these two persons must have t...
Gopta B.P. and ors. Vs. State of Bihar
Court: Patna
Decided on: Oct-13-1999
Narayan Roy, J.1. Heard counsel for the petitioners. However, no one appears on behalf of the State. 2. This is an application for quashing order dated August 31, 1994 passed by the learned Judicial Magistrate 1st Class, Patna in G.R. No. 4085/82 whereby and whereunder the prayer made on behalf of the petitioners for their discharge under Section 239 of the Code of Criminal Procedure has been rejected. It appears that upon a complaint filed by the Provident Fund Inspector, Patna, a case was registered and after submission of charge sheet cognizance of the offence was taken against the petitioners under Sections 406 and 409 of the IPC. The petitioners thereafter filed an application for their discharge in terms of Section 239 of the Cr. P.C. which has been rejected by the order impugned. Learned counsel for the petitioners submitted that petitioners 1, 2 and 3 were the Directors of Bihar Cotton Mill registered under the Companies Act whereas petitioner No. 4 was the Commercial Manager...
Raja Singh and ors. Vs. State of Bihar
Court: Patna
Decided on: Oct-13-1999
D.N. Prasad, J.1. All these four appeals were heard together and are being disposed of by this common judgment as they have arisen out of the same judgment of conviction and sentence dated 13-2-1997 passed in S.T. No. 319 of 1996, whereby the learned Sessions Judge convicted the appellants under Section 395/412, I.P.C. and sentenced them to undergo rigorous imprisonment of 10 years each under Section 395, I.P.C, whereas no separate sentence was passed for the offence under Section 412, I.P.C.2. The case of the prosecution runs as follows: One Smt. Dhrupa Ranpara gave Fardbayan before the police alleging therein that on 11-3-1996 at about 7.30 p.m. one of the miscreants pressed the Call bell and when the informant opened the door the miscreants entered into the Flat and bolted the door from inside. Thereafter, one of the miscreants put Katari on her body and increased the volume of T.V. Set also threatened her of dire consequences. It is further alleged that the miscreants started loot...
Chanda Devi Vs. State of Bihar and ors.
Court: Patna
Decided on: Oct-13-1999
Radha Mohan Prasad, J.1. Despite the fact that the petitioner superannuated on 31st March, 1995 her provident fund dues with up-to-date interest was not paid. However, till the matter was heard on the last date on 7-10-99 the authorisation for payment of provident fund dues were issued but the interest were only calculated up to February 1996. This Court having taken serious view of the matter directed for personal appearance of the District Superintendent of Education and District Provident Fund Officer, Patna-Respondent Nos. 2 & 3. However, it was directed that if the authority letter in regard to aforesaid dues is produced the personal appearance shall stand dispensed with. On the last date i.e. on 11-10-1999 no authorisation for interest was issued up to the date of payment. On the request of the learned State Counsel, the matter was adjourned for today. A show cause has been filed on behalf of the District Provident Fund Officer from which it appears that the interest has been c...
Subhash Chand JaIn Vs. State of Bihar and ors.
Court: Patna
Decided on: Oct-12-1999
P.K. Deb, J.1. The order dated 7-11-1994 passed by the Executive Magistrate, Arrah, in Misc. Case No. 112 of 1994 as contained in Annexure-1 and the order dated 4-5-1995 of the learned 2nd Addl. Sessions Judge, Arrah, in Cr. Revision No. 214 of 1994 have been sought to be quashed in this writ petition filed under Articles 226 and 227 of the Constitution of India.2. Respondent No. 4 Rajeshwar Pd. filed a petition on 19-10-1994 before the S.D.O., Arrah, to pass necessary orders for getting the shop unlocked. According to the petitioner, the shop belongs to him as a tenant under the Trust property although the petitioner was not given any chance to state his case before the S.D.O. or the Executive Magistrate. The private-respondent's case is that his shop had been locked by the petitioner and it had created law and order problem and as such it should be unlocked to give the respondent No. 4 all facilities to run the business in the shop. The S.D.O. asked for a report from the police. Th...
Rameshwar Prasad Rai @ Rameshwar Rai Vs. State
Court: Patna
Decided on: Oct-12-1999
P.K. Deb, J.1. This revision petition has been preferred against the Judgment and Order dated 11-7-94 passed by the Sessions Judge, Deoghar, in Cri. Appeal No. 10/94 whereby the Judgment of conviction and order of sentence passed by the Railway Judicial Magistrate, Madhupur, in G.O.C.R. Case No. 8/91/T.R. No. 128/94 convicting the petitioner under Section 3(a) of the Railway Property (Unlawful Possession) Act, 1966 and sentencing him to regorous imprisonment for two years have been confirmed2. From the order dated 12-9-94 passed by this Court, it appears that revision petition was admitted for the limited purpose of hearing on sentence alone, although there is no specific order to that effect. In compliance of the order dated 12-9-94, an affidavit has been filed on behalf of the petitioner showing the period for which he remained in custody and also as to imposition or realisation of fine. When there was no specific order regarding admission of the revision petition on the point of s...
Laxmi Narayan Jha Vs. Kishun Ram and ors.
Court: Patna
Decided on: Oct-11-1999
P.K. Deb, J.1. The appeal has been preferred by the above-named plaintiff-appellant against the judgment and decree dated 19-6-91 passed by 2nd Additional District Judge, Sitamarhi in Title Appeal No. 25 of 1989 (52 of 1989) affirming the judgment and decree dated 21-4-89 passed by Munsif (West), Sitamarhi in Eviction Suit No. 15 of 1986. The eviction suit filed by the plaintiff-appellant against the defendants had been dismissed by both the Courts below holding thereby that there was no relationship of landlord and tenant between the parties.2. The case of the plaintiff in the suit that being Karta of the Mitakshra Joint family he managed the properties including the suit properties appertaining to C.S. P. No. 601 having an area of one Bigha five Katha and eight dhoors of village Bahilbara alias Garah within the district of Sitamarhi. As per plaintiffs case one Most. Arzi Ojhain daughter-in-law of Girdhari Jha, one of the co-sharers of C.S.P. No. 601 executed a verna bond dated 1-6-...
Dr. (Smt.) Rita Choudhary, Etc. Vs. State of Bihar and ors.
Court: Patna
Decided on: Oct-08-1999
N. Pandey, J. 1. These two writ petitions have been filed for a direction to the respondents to relax the eligibility criteria and fill up the vacant seats in Post-Graduate Courses from the successful candidates of the Post-Graduate Medical Admission Test, 1996 (hereinafter to be referred to as PGM AT).2. Admitted facts are that admission to the Post-Graduate Course including Diploma is held on the basis of competitive test known as PGMAT. An advertisement, therefore, in terms of the prospectus of such test for the year 1996 was issued by respondent No. 3. The examination was conducted and result was also published. As per the terms of the prospectus minimum qualifying marks for the candidates of general category, Backward Class (BC), Most Backward Class (MBC), etc. was fixed 50% and that of the candidates belonging to Scheduled Caste and Scheduled Tribe 40%.3. By means of these writ petitions, petitioners have sought for a direction to the respondents to relax the qualifying marks f...
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