Patna Court April 1999 Judgments
Arunabh Prabhakar and ors. Vs. State of Bihar and ors.
Court: Patna
Decided on: Apr-30-1999
Nagendra Rai, J.1. Petitioners five in number have filed the present writ application for a direction to the respondent No. 3, the controller of Examination, Health Services, Department of Health, Medical Education and Family Welfare, Govt. of Bihar, Patna to fill up sixty-two vacant seats in pos-graduate courses from the successful candidates of the Post-Graduate Medication Admission Test, 1998. (hereinafter referred to as the P.G.M.A.T.).2. Admitted facts are that admission to the post-graduate course including diploma is held on the basis of the competitive test known as P.G.M.A.T. An advertisement was issued in terms of the prospectus for admission in the P.G.M.A.T. for the year, 1998 in which the petitioners and others applied. The examination was held on 29th March, 1998 and the result was published on 21.4.98. In terms of the prospectus, the qualifying marks for general category candidate, BC. BCE, MBC. is 50% and for Scheduled Caste and Scheduled Caste is 40% for admission in ...
Tag this Judgment!Banarasi Prasad Vs. State of Bihar and ors.
Court: Patna
Decided on: Apr-30-1999
Nagendra Rai, J.1. The petitioner has filed the present writ application for quashing the order dated 27.6.98 passed by the Superintendent of Police, Samastipur by which the petitioner has been transferred from Officer Incharge of Kalyanpur to Officer Incharge, Bibhutipur and the wireless message dated 14.11.98 by which the petitioner has been transferred from Darbhanga Range to Palarnu Range by order of the Director-General of Police. Copies of the said orders have been annexed as Annexures-3 and 5 respectively.2. The petitioner joined the police department in the year 1984 as Steno-Sub-Inspector of Police. Later on, he was observed in general cadre of the Sub-Inspector of Police. He remained in Muzaffarpur Zone from 1984 to May, 1997. Thereafter, he was transferred to Darbhanga Zone on 13.6.1997 and was posted as Officer Incharge, Kalyanpur Police Station where he joined on 28.11.97. By order dated 27.6.98 as contained in Annexure-3, he was transferred to Bibhutipur in the same capa...
Tag this Judgment!Employers in Relation to the Management of Govindpur Colliery of Area ...
Court: Patna
Decided on: Apr-29-1999
M.Y. Eqbal, J.1. In this writ application, the petitioner has prayed for issuance of an appropriate writ in the nature of certiorari for quashing the award dated 18-12-91 passed by respondent No. 1, Presiding Officer, Central Government, Industrial Tribunal No. 1 Dhanbad in reference case No. 64/89.2. It appears that by order dated 24th May, 1989, the Central Government in the Ministry of Labour referred the following dispute for adjudication to the Tribunal:Whether the action of the management of Govindpur Area No. Ill of M/s. Bharat Coking Coal Limited, Post Sonardih, Dist. Dhanbad in dismissing Shri Rajandan Singh is justified? If not, to what relief the workman is entitled?3. The case of the management is that on 11-5-83 at about 11 a.m. a mob of about 200 persons, armed with deadly weapons, committed several acts of violence on the person of Sri H.N. Tripathy, General Manager of Barora Area. The said mob abused Sri Tripathy and threatened him. with dire consequences within the p...
Tag this Judgment!Mirza Ibrar Beg and anr. Vs. State of Bihar
Court: Patna
Decided on: Apr-28-1999
I.P. Singh, J.1. Both the appellants have been convicted under Section 325 of the Indian Penal Code and have been mentioned to undergo Rigorous Imprisonment for three years. They have been further convicted under Section 323 of the Indian Penal Code and have been sentenced to undergo Rigorous Imprisonment for one year each. However, sentenses were ordered to run concurrently.2. The case of the prosecution in short is that the complainant Zalil Ahmad filed a complaint case on 22.4.77 bearing complaint case No. C 143 of 1977 in the Court of Chief Judicial Magistrate, Sasaram. In the complaint petition, it was stated that on 22.4.77 in between 4 to 5 a.m. all the accused persons armed with Bhala and Lathi entered into the house of the complainant and took away all the household belonging of the complainant. The complainant's brothers, mother and the complainant himself objected while they were taking away their belonging of the house but they were assaulted with Lathi by the appellants. ...
Tag this Judgment!Sayeed Bhagat and ors. Vs. State of Bihar and anr.
Court: Patna
Decided on: Apr-28-1999
S.K. Chattopadhyaya, J.1. The only question is to be decided in this case as to whether without giving any opportunity to the petitioners the revisional Court would have passed the impugned order dated 3-12-1998, by reason of which the order of the Judicial Magistrate dated 28-11-1996 has been set aside.2. The facts of this case lies in a narrow compass.3. On a complaint being filed by the opposite party No. 2 against nine accused persons the learned Magistrate took cognizance of the offences under Sections 323 and 379 of the Indian Penal Code and ordered for Summoning four accused persons to face trial. Out of those nine accused persons, the petitioners, who were other remaining five accused persons, were not proceeded against, as no summon was issued against them. Two prosecution witnesses were examined before charge and thereafter on 8-7-1996 the opposite party No. 2, complainant, filed a petition under Section 319 of the Cr.P.C. before the Court below to summon the remaining five ...
Tag this Judgment!Baleshwar Yadav Vs. Union of India (Uoi) and ors.
Court: Patna
Decided on: Apr-28-1999
M.Y. Eqbal, J.1. In this writ application the petitioner seeks indulgence of this Court for issuance of an appropriate writ commanding upon the respondent, Central Bureau of Investigation to institute and investigate the case for preparing a forged and fabricated order of this Court in Second Appeal No. 180/80R and for using the same in connivance with the Circle Officer, respondent No. 4 who wrongly and illegally stopped issuance of rent receipts in favour of the petitioner and has passed an order for issuance of rent receipts in favour of respondent Nos. 5 and 6 on the basis of the forged and fabricate order in Misc. case No. 31/95-96.2. The relevant facts for the purpose of deciding this writ application are as follows :-One Bhawan Mahto had two sons, namely, Kheman Mahto and Neman Mahto. Kheman had a son, namely, Bandhan Mahto whereas Neman Mahto had one daughter, namely, Daulti. Both brothers, Kheman and Neman inherited 28.9 acres of land and partitioned the same in equal shares....
Tag this Judgment!Pawan Kumar Jaiswal Vs. State of Bihar
Court: Patna
Decided on: Apr-28-1999
1. This is a writ petition for release of the petitioner from judicial custody in G.R. Case No. 1/99, arising out of Bairgania P.S. Case No. 1/99, currently pending in the Court of the Chief Judicial Magistrate, Sitamarhi, on the ground that his continued detention with effect from 31.3.99 is in the teeth of the provisions of Section 309(2) of the Criminal Procedure Code, 1973 (hereinafter referred to as 'the Code').2. Mr. Prasoon Sinha, learned Counsel for the petitioner, submitted that the present petitioner is a named accused in Bairgania P.S. Case No. 1/99, wherein allegations have been levelled against the petitioner and others under Sections 364, 323 and 307, read with Section 34 of the, I.P.C., as well as Section 27 of the Arms Act. The same was started on the basis of the information of one Rina Devi, recorded on 1.1.99 with the Bairgania Police Station. In view of the issue arising in the writ petition, there is no need to go into the allegations set out in the FIR, a copy of...
Tag this Judgment!Nirmal Kumar Kedia and ors. Vs. State of Bihar and ors.
Court: Patna
Decided on: Apr-28-1999
M.Y. Eqbal, J. 1. This writ application has been tiled by the petitioners for themselves and on behalf of numerous other persons in representative capacity seeking issuance of an appropriate writ in the nature of certiorari for quashing the notification dated 15-5-90 as conveyed and communicated in memo No. 1776, Urban Development Department, Patna to respondents Nos. 2 and 3 respectively whereby and whereunder they have sought to enforce recovery of licence fee at the rate of Re. 1 per sq. ft. per month frpm 1985-86 to 1991-92. 2. The petitioners and other persons have been holding and possessing different stalls of various different sizes either constructed by the Daltonganj Municipality or by the stall holders themselves and the lands allotted by the saidMunicipality in the market commonly called as 'Chandharana Bajar'. The petitioners' case is that initially the Daltonganj Municipality allotted stall to different persons including the petitioners on annual rental basis. On or abo...
Tag this Judgment!Employer in Relation to the Management of Central Mine Planning and De ...
Court: Patna
Decided on: Apr-26-1999
M.Y. Eqbal, J.1. Heard Mr. Ram Balak Mahto, learned Senior Counsel appearing for the petitioner and Mr. A.K. Sinha, learned Counsel appearing for the respondents on the application filed under Section 17B of the Industrial Disputes Act 1947.2. Petitioner has preferred the instant writ petition challenging the award dated 1.5.1997 passed by Central Government Industrial Tribunal (No. 2) at Dhanbad in reference case No. 51 of 1993 by which Tribunal has directed to reinstate and regularize services of the workmen con cerned with payment of 40% full back wages and other benefits within three months from the date of publication of the award.3. Mr. Sinha, learned Counsel appearing for the workmen submitted that the workman concerned except Mr. N.K. Choudhary and Mr. Ramesh Kachekar were not gainfully employed anywhere from the date of their termination of services and, therefore, they are entitled to the benefits as provided under Section 17B of the said Act. Learned Counsel further submitt...
Tag this Judgment!Guljari Lal Nanda and ors. Vs. State of Bihar and ors.
Court: Patna
Decided on: Apr-26-1999
Ashok Kumar Ganguly, J.1. This writ petition has been filed by one Gulzari Lal Nanda and three others for a direction upon the respondents to consider their cases for appointment on the post of Ayurvedic Medical Officer in accordance with the reservation policy existing at the time of advertisement.2. The facts of the case are that these petitioners applied for appointment to the post of Ayurvedic Medical Officer pursuant to advertisement No. 24/89 with the requisite fees and caste certificate and so on. The petitioners claim that they belong to the most backward class category. The further case of the petitioners is that the advertisement was for a total vacancy of 195 posts. The petitioners further case is that they received call letters as eligible candidates to appear in the Screening Test and they also received admit cards.3. On 10.1.1993, the Screening Test was held by the Bihar Public Service Commission (hereinafter called the said Commission) in which the petitioners along wit...
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