Patna Court March 1999 Judgments
Siddhartha Vs. the State of Bihar
Court: Patna
Decided on: Mar-31-1999
P.K. Sarkar, J.1. This petition for bail has been filed on behalf of the accused-petitioner Siddhartha who has been taken into custody in connection with Kadam Kuan P.S. Case No. 574/98 dated 5.9.98. This case was initially instituted for the offence under Sections 307, 226 I.P.C. and 27 of the Arms Act on the basis of a fardbyan of one Rohan Prakash. Subsequently, Sections 302, 120(B) I.P.C. were also added.2. The facts of the case in brief are as follows. Originally this case was instituted on the basis of a fardbyan of one Rohan Prakash who alleged to be studying at the residence of Prof. J.C. Banerjee at Rajendranagar, just before the time of occurrence when one boy came and called Abhishek (deceased) and Abhishek went out of the door. He was fired by that boy and was killed. In course of investigation, the Police found that the entire occurrence happened on an alleged conspiracy hatched up at the bed room of this petitioner Siddhartha. This petitioner Siddhartha is the king-pin o...
Tag this Judgment!Girish Kumar Kharia Vs. Industrial Forge and Engineering Co. Ltd. and ...
Court: Patna
Decided on: Mar-30-1999
G.S. Chaube, J. 1. This company petition purporting to have been filed under Section 107 read with Section 10 of the Companies Act, 1956 (hereinafter referred to as 'the Act'), was filed by the petitioner Girish Kumar Kharia, one of the holders of the equity shares of the opposite party company, the Industrial Forge and Engineering Company Limited, having its registered office in the town of Jamshedpur in the district of East Singhbhum for cancellation of variation of equity shares from 1,50,000 having face value of Rs. 10 each to 2,30,500 without notice to and prior knowledge of the petitioner ; and restraining the opposite parties from giving effect to such variation and holding further meeting until such cancellation. The case of the petitioner is that the said company which has been arrayed as opposite party No. 1, was established on June 5, 1980, and registered under the provisions of the Act as a company limited by capital of equity shares. The company has its own memorandum an...
Tag this Judgment!Tej Narayan Singh Vs. State of Bihar and ors.
Court: Patna
Decided on: Mar-30-1999
M.Y. Eqbal, J.1. In this application, the petitioner is desirous of issuance of an appropriate writ for quashing the order dated 23-9-91 passed by respondent No. 2, the Deputy Commissioner, Dhanbad in M.P. Case No. 44/90 whereby the arms licence No. 1039 of Purnea for gun and arms licence No. 141/76 of Patna for revolver issued in his favour have been cancelled and also the order dated 3-3-92 passed by respondent No. 3, the Commissioner, North Chotanagpur Division, Hazaribagh in Dhanbad Arms Appeal No. 67/91 by which the petitioner's appeal against the aforesaid order has been dismissed.2. The petitioner's case is that the aforementioned arms belonging * to the petitioners were seized by the Town Inspector of Police, Jharia, district-Dhanbad under the orders and directions of the then Superintendent of Police, Dhanbad and a proceeding for cancellation of arms licences of the petitioner was started by the Deputy Commissioner, Dhanbad (hereinafter referred to as the licensing Authority...
Tag this Judgment!Gahendra NaraIn Singh and ors. Vs. the State of Bihar and ors.
Court: Patna
Decided on: Mar-26-1999
Narbdeshwar Pandey, J.1. This writ petition has been filed for quashing the order of the Collector, Shaharsa dated 25.1.1981 in Ceiling Case No. 34 of 1988-89 and Misc. Case No. 35 of 1988-89 so far it relates to the petitioners and further for a direction to the respondents to withdraw provisional Purchas, issued for distribution of their lands.2. Before averting to the core contentions, raised on behalf of the parties, it would be apt to have a brief survey of some of the facts, which gave rise to the present writ application. Undisputedly the lands, which the petitioners are claiming, Jiwanmal Chiroriya against whom Ceiling Case No, 585 of 1973-74 was started, had no concern. This is also not in dispute that lands of the petitioners were wrongly included in the said ceiling case and declared surplus in spite of the objection raised on behalf of Mr. Chiroriya.3. As the petitioners were neither party to the said ceiling case nor they had any notice, therefore, having learnt about pub...
Tag this Judgment!Sunil Khatik @ Sunil Prasad @ Sunil Bihari Vs. the State of Bihar and ...
Court: Patna
Decided on: Mar-24-1999
B.P. Singh, J.1. The petitioner has challenged the order dated 25.11.1998 passed by the District Magistrate, Darbhanga, detaining the petitioner in custody under the Bihar Control of Crimes Act, 1981. He has also impugned the order issued under the signature of the Deputy Secretary, Department of Home (Police) Government of Bihar, dated 6.12.1998 purporting to be an order under Section 12(3) of the Bihar Control of Crimes Act, 1981, whereby the State Government have been pleased to approve the detention order issued on 25.11.1998 by the District Magistrate, Darbhanga against the petitioner.2. The petitioner states that while the petitioner was in custody in Lnmu P.S. Case No. 112 of 1998 the impugned order of detention was passed by the District Magistrate on 25.11.1998 detaining the petitioner under Sub-section (1) of Section 12 of the Bihar Control of Crimes Act, 1981. The petitioner avers that from a base perusal of the said order it would be evident that the detaining authority wa...
Tag this Judgment!Nagendra Ojha Vs. State of Bihar and ors.
Court: Patna
Decided on: Mar-23-1999
Shiva Kirti Singh, J.1. Heard learned Counsel for the petitioner, learned Counsel for the State, learned Counsel for the High Court of Judicature at Patna and learned Counsel for the Accountant-General, Bihar, Patna. The prayer made in this writ application is for a direction to the respondents not to make any deduction from the pay of the petitioner on re-employment, nothing beyond what is permitted by Rule 161(b) of the Bihar Pension Rules, 1950, which is as follows:A Government servant on re-employment should draw the initial pay of the post unless Government sanction advance increment under Rule 83 of the Bihar Service Code provided always that the sum total of pay plus pension does not exceed the substantive pay last drawn by him before discharge. Where the sum total exceeds the last substantive pay only so much of the pension may be allowed to be drawn as not to make the total of pension plus the initial pay of the post exceed the substantive pay last drawn.2. The short and rele...
Tag this Judgment!Hari Om Prasad Vs. State of Bihar and ors.
Court: Patna
Decided on: Mar-23-1999
A.K. Prasad, J.1. By this petition of habeas corpus the petitioner, who is confined in jail at Sakchi, Jamshedpur, in Sessions Trial No. 115/98, arising out of Sonari P.S. Case No. 66/97, pending on the file of 3rd Addl. Sessions Judge, Jamshedpur under Sections 302/34 and 120B, of the I.P.C. and under Section 27 of the Arms Act, seeks his release on the ground that his detention is illegal and not authorised by any proper order of remand in the case.2. The essential facts giving rise to the writ petition lie in a small compass and are these :-The petitioner was produced after arrest before the Chief Judicial Magistrate, Jamshedpur in Sonari P.S. Case No. 66/97 and he was remanded to jail custody on 3-7-1997. The case was ultimately committed to the Court of Session on 7-4-1998 by the C.J.M., Jamshedpur (vide Annex-ure-1 to the writ petition and Annexure-3 to the supplementary affidavit). It is alleged in the writ petition that at the time of commitment no order was passed by the C.J....
Tag this Judgment!B.O.C. India Ltd. Vs. State of Bihar and ors.
Court: Patna
Decided on: Mar-23-1999
Nagendra Rai, J. 1. The present writ application has been filed by the petitioner-employer for quashing the notification dated March 27, 1997 issued under the signature of the Under Secretary to the Government of Bihar by which the respondents State of Bihar has referred the dispute between the petitioner and the workman represented by the President Indian Oxygen Workers' Union (hereinafter referred to as the Workers' Union) in exercise of power under Section 10(1)(d) of the Industrial Disputes Act (hereinafter referred to as the Act), a copy of which has been annexed as Annexure 1 to the writ application. 2. The case of the petitioner is that it is a registered Company under the Indian Companies Act having its registered office at Calcutta and Industrial Establishment at Mona Road, Burmamines, Jamshedpur. It is engaged in production and distribution of Industrial gases which is essential material required in the production process of TISCO, TELCO and other Industries of Bihar. It is...
Tag this Judgment!Meherson M. Madan Vs. Bank of India and ors.
Court: Patna
Decided on: Mar-23-1999
Nagendra Rai, J. 1. The present application has been filed by the petitioner for a direction to the respondents to accept his resignation submitted by him on April 10, 1993 and to make the final settlement of the service dues. In the said writ application, the Bank filed a counter-affidavit wherein a statement was made that a departmental proceeding has been initiated against the . petitioner on April 11, 1997 and thereafter, the petitioner filed an amendment petition on October 13, 1998 praying therein for quashing of the departmental proceeding initiated against him vide dated April 11, 1997. 2. The facts necessary for disposal of the present writ application are that the petitioner was appointed as a temporary clerk/typist at Jamshedpur Branch of the Bank of India vide letter No. JD/29/St/46 dated December 12, 1966 which was extended up to December 22, 1967. Later on he was appointed as a clerical staff of the Bank at Jamshedpur and thereafter he was promoted to the Officer grade i...
Tag this Judgment!Girja Nandan Roy and anr. Vs. Chancellor, Universities of Bihar and or ...
Court: Patna
Decided on: Mar-23-1999
A.K. Ganguly, J.1. This writ petition has been heard at length at the admission stage itself and with the consent of the parties is finally decided.2. The petitioners have challenged the order dated 18.3.1998 passed by the Registrar of Lalit Narain Mithila University, Darbhanga (hereinafter called the said University). By the said order, the appointments of the petitioners have been, held to be illegal. The petitioners have further challenged the order of the Chancellor, Universities of Bihar, Patna dated 8.1.1998. The Chancellor passed its order dated 8.1.1998 as the matter was remanded to the Chancellor by an order of this Court dated 28.4. 1997 rendered in C.W.J.C. Nos..647 of 1988 with C.W.J.C. No. 841 of 1989.3. The facts of this case are that on 21.10.1986 an advertisement was published in the daily newspaper 'Aryavarta' for appointment of one post of Typist and five vacant posts of Class IV employees in the D.B.K.N. College, Narhan. Pursuant to the said advertisement the petiti...
Tag this Judgment!- ‹ Prev
- 2
- 3
- 4
- Next ›
- Last »