Patna Court February 2000 Judgments

Sudhir Mahto and ors. Vs. Union of India (Uoi) and ors.

Court: Central Administrative Tribunal CAT Patna

1. We have heard all the 25 OAs on the limited question of their admissibility for adjudication by the Tribunal under the Administrative Tribunals Act, 1985 (in short A.T. Act, 1985). This order will govern all the 25 OAs, as the law points on that limited question are common to all of them. In other words, we are to decide as to whether the Tribunal has jurisdiction to entertain for adjudication the 25 OAs which have been filed by the casual labourers of the Railways and the Telecom Department, which have been declared as industries. We will be passing separate orders in each OA, either for issue of notice before admission or for disposal at the stage of admission.2. We already have two orders delivered by two Division Benches of this Tribunal, one on 3.6.99 in OA 462/98 and 12 other OAs by both of us, and the other on 22.8.99 in OA 227 99 to which one of us, viz. Mr.Justice S. Narayan, V.C. (J) was party with Shri L.R.K. Prasad Member (A). The former was the more preliminary decisio...

Smt. Lalita Devi and anr. Vs. Nandu Singh and anr.

Court: Patna

1. In this application under Section 489 of the Code of Criminal Procedure the petitioners have prayed for quashing the order dated 16-1-1996 including the entire criminal proceeding initiated against the petitioners by which the petitioners have been ordered to be summoned in terms of Section 319, Cr. P. C.2. The opposite party, namely, Nandu Singh, lodged a first information report being Bihar P. S. Case No. 344/93 for an offence punishable under Sections 341, 323 & 504/34, I.P.C. against one Krishna Singh, his wife and two sons including 2-3 unknown persons alleging therein that the informant is living in his own house and on 1-8-1993 at about 7.15 a.m. the accused Krishna Singh, his wife and children along with 2-4 unknown persons entered into his house and there had been some altercation with respect to opening of the drain. It is alleged that in course of altercation the accused persons have assaulted the informant. The police, after usual investigation, submitted chargesheet on...

Rama Kant Giri Vs. State of Bihar

Court: Patna

D.P.S. Choudhary, J.1. This appeal has been preferred against the judgment and order dated 19th April, 1996 passed by the Assistant Sessions Judge, Patna City in Sessions trial No. 106 of 1994 trial No. 226 of 1994 convicting the appellant along with co-accused Shyamdeo Paswan under Section 376 read with Section 34 of the Indian Penal Code (hereinafter referred to as the 'I.P.C.') and convicted the appellant and co-accused Shyamdeo Paswan, (who is not the appellant) to undergo R.I. for 10 years.2. The brief fact of the case is that informant Bilas Giri (P.W.-3) who is father of victim girl Tunni Kumari (P.W.-4) lodged a written petition with Fatuha P.S. on 14.6.1993 to the effect that at about 8.00 O'clock on 13.6.1993, he returned from Patna and then went to market. After some time, he returned to his home and found his wife Saroj Devi (P.W.-1) taking her daughter Tunni Kumari aged about 8 years in her lap. Tunni Kumari was weeping and her frock had coupious blood-stained. Informant'...

Sandhya Kumari Vs. State of Bihar

Court: Patna

S.N. Mishra, J. 1. In this criminal revision application the petitioner has prayed for setting aisde the order dated 9.8.1999 passed by the learned Magistrate whereby he has rejected the prayer for maintenance in terms of Section 125, Cr.P.C. It appears that petitioner Sandhya Kumari has filed an application for grant of maintenance under Section 125, Cr.P.C. before the learned Chief Judicial Magistrate, Samastipur, which was registered as Misc. Case No. 46 of 1999.2. Shortly stated that case of the petitioner is that the petitioner was married the opposite party No. 2 Manish Kumar on 21.5.1986 according to Hindu customs and rituals at Samastipur. It is further alleged that father of the petitioner invested a lot of money on the marriage of the petitioner by giving clothes, jewellery, furniture, utensils, refrigerator, colour T.V., car etc. and cash according to his capacity. The opposite party-husband is an architect and is working in private sector. He made a demand of Rs. 4-5 lacs ...

Blue Star Ltd. Vs. Presiding Officer, Labour Court and ors.

Court: Patna

1. This Letters Patent appeal is directed against the Judgment and order of the learned single Judge in C.W.J.C. No. 1169 of 1995 (R). 2. The dispute brought before this Court by the appellant relates to transfer of an employee from Jamshedpur to Dhanbad. The Employees' union raised dispute contending that as 'local area' had not been defined in terms of Rule 12 of the Rules and Regulations framed by the Company, i.e. Blue Star Limited (hereinafter referred to as 'the Rules'), the management of the appellant had no jurisdiction to transfer the employee. The dispute was eventually referred by the Government of Bihar to the Labour Court, Jamshedpur in the following terms: 'Whether mutual settlement defining local area of the Company according to provisions of Rule 12 of the service conditions of workman is necessary before transfer of any workman of Blue Star Ltd. ?'3. Upon consideration of the cases of theparties, the evidence on record, the LabourCourt came to the following conclusio...

Ram Laxman Glass (P) Ltd. and ors. Vs. State of Bihar and ors.

Court: Patna

Reported in: AIR2000Pat210

1. This writ petition for and on behalf of debtors of the State Bank of India (respondent No, 2), is directed against the order dated 19-1-2000 (Annexure-3), passed by the Presiding Officer, Debt Recovery Tribunal, Patna, in Misc. Appeal No. 11/99, whereby he has rejected the application of the petitioners for setting aside the ex parte order dated 2-2-99 (Annexure-1), passed by the Tribunal in case No. P.T. 32 of 1998 (arising out of Money Suit No. 21 of 1994), decreeing the suit and for directing issuance of certificate under Section 19(7) of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 (hereinafter referred to as 'the Act'), for execution against the petitioners. It is further prayed that the records of Money Suit No. 21 of 94 as well as Misc. Case No. 1 of 96 (the debtors application under Order 9, Rule 13, C.P.C., which was pending before the Sub-Judge on the eye of transfer of the entire proceedings before the Tribunal) , be sent back to the subordinate...

Sunil Kumar and ors. Vs. Union of India (Uoi) and ors.

Court: Central Administrative Tribunal CAT Patna

1. Both the aforesaid O.As. relate to the appointment on the post of EDBPM, Ajaypur EDBO in account with Asta, S.O. in Nalanda Postal Division, Biharsharif. The applicant of O. A. No. 194/94, Sunil Kumar, is Respondent No. 6 in O. A. No. 505/94 and the applicant of O.A. No.505/94, Mrs. Sanju Sinha, is Respondent No, 6 in O.A. No. 194/94. They are rival claimants for the aforesaid post, and common material, questions of law and facts are involved in both the OAs. Hence, they are taken up together and decided by this common order.2. The Superintendent of Post Offices, Nalanda Division at Biharsharif (Respondent No. 4) made a requisition with the employment exchange, Biharsharif, District Nalanda for sponsoring the names of eligible candidates as per the instructions laid down in P&T recruitment order vide letter dated 31.5.93 as at Annexure-A/1. The last date for submissions of the applications was 29.6.93. The Director General, Department of Posts, New Delhi, issued a letter on 12....

Manas Sett and ors. Vs. Union of India (Uoi) and ors.

Court: Patna

S.K. Chattopadhyaya, J.1. The moot question to be decided in this writ application is whether even after expiry of the Requisition and Acquisition of Immovable Property Act, 1952 (hereinafter referred to as 'the Act, 1952'), the acquisition made under Section 6 of the Act 1952, the respondents can still hold the property of the petitioners under acquisition and to decide this question some necessary facts are to be portrayed.2. Admittedly, petitioners 1 to 4 are the descendants of late Banbehari Sett. Petitioners 5 to 8 are the heirs and legal representatives of Gostabehari Sett and petitioners 9 arid 10 are daughters-in-law of late Gostabehari Sett. They have prayed for quashing the order of the Deputy Commissioner, Ranchi, dated 12.1.1965 as contained in Annexure-2 and also for issuing a writ of mandamus to direct the respondents to do requisition the property in question commonly known as 'Hem kunj' Prayer has also been made to prohibit the respondents and their officers from givin...

Louis Khalkho Vs. State of Bihar

Court: Patna

1. The sole appellant has been convicted under Section 302 of the Indian Penal Code, on the charge of committing the murder of Harbhajan Singh, the ipformant-deceased, and sentenced to life imprisonment by judgment dt. 26-6-1996 and order dt. 28-6-1996 respectively in S.T.No. 664 of 1992 passed by Sri Alok Kumar Sinha, the then Addl. Judicial Commissioner, Ranchi,2. Briefly stated, the prosecution case, as made out in the fard-beyan of Harbhajan Singh, the deceased, which was recorded by the police officer (PW 10) on 14-11-1991 at 11.30 p.m. at R.M.C.H. (Rajendra Medical College and Hospital), Ranchi, is as under :In Simritoli, within Chutia police station, near Munda Chowk, the informant owned a flour mill as well as a grocery shop. Those living in the neighbourhood used to demand articles on credit, but he declined to sell on credit. On 14-11-1991 at about 8 p.m. he was at his shop, when all of a sudden two unknown persons came and started to absuse him and questioned why he did not...

Sura Kudada and ors. Vs. State of Bihar and ors.

Court: Patna

P.K. Deb, J.1. This writ petition after admission had been stayed till the disposal of C.W.J.C. No. 198 of 1979 (R) wherein constitutional validity of the Wilkinson's Rules (hereinafter referred to as 'the Rules') have been challenged. Recently, the Full Bench had disposed of the reference made with regard to the constitutional validity of the rules. In the above-mentioned writ petition, Hon'ble three Single Judge had written three judgments in the said Full Bench and the conscientious of the decision arrived at is that the Wilkinson's Rules shall continue to be followed in the administration of Civil Justice of Kolhan area till suitable Rules/Regulations in place of those Rules have been framed by the Government. Till date no such enactment or suitable Rules/Regulations have been framed by the State Government and hence, the Wilkinson's Rules in the Kolhan area in the administration of Civil justice is still in vogue.2. In the present writ petition, the judgment and order passed by r...