Patna Court April 2000 Judgments
Shyam Sunder Ram Vs. State of Bihar and ors.
Court: Patna
Decided on: Apr-28-2000
1. In this writ petition a prayer has been made for of an appropriate writ in the nature of certiorari for quashing the notification of the State Government, Department of Urban development, dated 25-3-1998, as contained in Annexure 5 whereby the old elected body of Giridih Municipality in the year 1989 was allowed to function and the previous decision dated 23-6-1995 regarding dissolution of the municipal Board was cancelled. 2. The facts of the case are not in dispute. The general election of Giridih Municipality as per the provisions of the unamended Act, 1922 was conducted on 22-1-1989 and the election of the Chairman thereof was held on 15-5-1989 in the first general meeting of the Board of the Municipality. Admittedly the term of five years of the elected body was complete on 30-5-1994 and the grace period of six months as provided under the old Act had also expired on 30-11-1994. Therefore, the State Government in exercise of its power conferred under S. 29 of the unamended Ac...
Tag this Judgment!Prof. Rabindra Nath Singh Vs. State of Bihar and ors.
Court: Patna
Decided on: Apr-28-2000
N. Pandey, J.1. Both the writ petitions have been filed for quashing the notification of the Slate Government dated 8.9.1998 issued in exercise of its power under Section 29 of the Bihar Municipal (Amendment) Act, 1994 whereby and where under the Jamshedpur Notified Area Committee was dissolved with immediate effect with a direction to the District Magistrate to depute a responsible officer under him to look after the day-to-day function of the Notified Area Committee.2. Undisputedly, until the date of the above mentioned notification of the State Government functions of the Jamshedpur Notified Area Committee was being looked after by the duly-elected/nominated members of the said committee under the provisions of The Bihar Municipal Act, 1922, term of which expired on 11.3.1997 on completion of a period office years. It would be relevant to mention that extensive amendments were carried out in the Municipal Act, 1922 by Bihar Ordinance No. 13 of 1994 which was later substituted by Bi...
Tag this Judgment!Daya Nand Sahay Vs. Kapil Sibal and ors.
Court: Patna
Decided on: Apr-27-2000
R.N. Sahay, J. 1. By this application under Sections 80, 80A and 81 of the Representation of the People Act, 1951 the petitioner has called in question the election of Sri Kapil Sibal respondent No. 1 as a member of Council of States in the election held on 18th day of June, 1998. Respondent Nos. 2 to 7 are remaining elected members of the Rajya Sabha. Election of respondent No. 1 has been assailed on the ground that the Re-turnlng Officer improperly accepted the nomination paper of respondent No, 1 as his nomination paper was not filled in accordance with Section 33(1) of the Representation of the People Act, 1951. In a nutshell, case of the election-petitioner is that the respondent No. 1 had not filled at the columns of the nomination paper properly as he did not give his postal address in his nomination paper in the relevant column which requires imperatively to furnish complete and full postal address so that a letter may reach the candidate's house easily and without any diffic...
Tag this Judgment!Awani Sao @ Awani Kumar Sao and ors. Vs. State of Bihar
Court: Patna
Decided on: Apr-27-2000
A.K. Sinha, J.1. This appeal has been directed against the judgment/order of conviction and sentence passed by 2nd Addl. Sessions Judge. Jamshedpur, in S.T. No. 671/1 of 1986-89, whereby and whereunder the learned Court below convicted all the appellants under Section 147 of the Indian Penal Code and the appellant Nos. 1 and 2 were convicted under Sections 325/34 as also under Section 436 of the Indian Penal Code. The appellant Nos. 3 to 28 were, however, released after due admonition under Section 360(3) of the Code of Criminal Procedure for their conviction under Section 147 of the Indian Penal Code, but appellant Nos. 1 and 2 were sentenced to undergo R.I. for period of one year under Section 147 of the Indian Penal Code. The appellant Nos. 1 and 2 were further sentenced to undergo R.I. for a period of 3 years under Sections 325/34, I.P.C. and R.I. for ten years under Section 436 of the Indian Penal Code. However, all the sentences were to run concurrently.2. The relevant facts, co...
Tag this Judgment!Shyam NaraIn Dayal and anr. Vs. Smt. Leela Devi and ors.
Court: Patna
Decided on: Apr-27-2000
P.K. Deb, J.1. This appeal has been preferred against the judgment and decree dated 20.7.1995 passed by Shri Tarkeshwar Pathak, Subordinate Judge, VII, Ranchi in Partition Suit No. 222 of 1993 decreeing the plaintiff-respondent No. IV suit for partition ascertaining her share to 10/56 over the joint family property.2. The plaintiff-respondent No. 1 filed the above-mentioned partition suit seeking her 1/2 share over the property described in schedule of the plaint and also for allotment of her share separating Taktha on appointment of a survey knowing Advocate Commissioner and also for cost of the suit and other ancillary relief. The admitted position remains that one Bhujhawan Ram was the common ancestor of both the parties who died leaving behind his widow Kewala Kunar and a son Ram Niranjan Dayal. The said Ram Niranjan Dayal married twice. Tetar Kunari was his first wife while Jirkalo Devi defendant No. 6 (Appellant No. 2) is his second wife. Through Tetar Kunari Ram Niranjan Dayal ...
Tag this Judgment!Ram Lal Prasad Vs. Union of India (Uoi) and ors.
Court: Central Administrative Tribunal CAT Patna
Decided on: Apr-26-2000
1. Since both the aforesaid OAs arc analogus in nature, they were heard together for decision by a common order.2. The applicants, being 68 in number, have sought for relief by way ordirection upon the official respondents to re-regularise the roster duty of only eight hours for their future duties and also to pay Over Time Allowance for the works already done for more than eight hours duty per day as per the prescribed service rules.3. The applicants were Motor Vehicle Drivers and Khalasis working under the respondents in the Dhanbad Division of the Eastern Railway.According to their case in the OAs, the working hours of their roster duty had been earlier decided @ 8 hrs. per day for six days per week leaving one day as rest day. It is, however, alleged that the respondents at different times arbitrarily passed orders fixing roster duly of more than eight hours ranging from 9 hours to 14 hours per day which the applicants performed with the hope that they would be paid Over Time Allo...
Tag this Judgment!Aulia Adyatmik Anusandhan Kendra Vs. Union of India (Uoi) and ors.
Court: Patna
Decided on: Apr-26-2000
S.K. Katriar, J.1. This writ petition is directed against the order dated 10.11.97 (Anriexure-4), passed by the Government of India, Ministry of Health and Family Welfare, New Delhi, whereby the petitioner has been directed to refund the sum of Rs. 2,17,575/-, being the first instalment of the amount which had been given to it for doing certain medical jobs in the field of family planning. The amount has been directed to be refunded on account of poor performance of the petitioner.2. The rapid growth of population in the country has caused great concern to the Government of India. It has become necessary to control this growth to save posterity from facing innumerable problems of inadequate livelihood quality of life and environment. Government of India felt that the massive health and family welfare infrastructure created in the country is inadequate to meet full demand of the people. Government of India felt that involvement in this effort of non Governmental organizations would be ...
Tag this Judgment!Rajendra Kumar Rajjan Vs. Bank of India and ors.
Court: Patna
Decided on: Apr-26-2000
Asok Kumar Ganguly, J.1. In this writ petition subject matter of challenge is an order of punishment in respect of the petitioner by Annexure-8 which is an order dated May 20, 1995, by which punishment of withholding of two increments with cumulative effect was imposed on the petitioner. The petitioner's appeal against the said order of punishment was also dismissed by the order of the appellate authority dated November 17, 1995.2. It is not in dispute that a departmental proceeding was initiated against the petitioner on the following charges :- I. Modern Electric Works deposited a cheque of State Bank of India issued by C.C.L. Dhori of Rs. 13,561/- on September 7, 1992 in their C/D A/c No. 698. In place of posting the aforesaid cheque, in Modern Electric Works, you posted the cheque in the CD A/c No. 675 of Modern Retraders. Subsequently, on September 16, 1992 you made the purported necessary correction in the CD A/cs of Modern Electric Works and Modern Retraders. While drawing the ...
Tag this Judgment!Arun Kumar Vs. State of Bihar
Court: Patna
Decided on: Apr-25-2000
Nagendra Rai, J. 1. The petitioner initially filed the present writ application for restraining the respondents from taking any steps towards realisation of sales tax from the petitioner for the period June 3, 1997 to November 17, 1997 on the sale of country liquor, for commanding respondent No. 2 the Commissioner-cum-Special Secretary, Commercial Taxes, Government of Bihar, Patna, to grant consolidated registration to the petitioner in terms of the provisions contained in Rule 3(4) of the Bihar Sales Tax Rules, 1983 (hereinafter referred to as 'the Rules') and restraining the respondents from taking any steps including the proceeding under Section 17(5) of the Bihar Finance Act, 1981 for realisation of the sales tax for the aforesaid period.2. Subsequently, the petitioner also challenged the order dated July 31, 1999 passed by the Commissioner, Commercial Taxes, Government of Bihar, Patna, rejecting the prayer for consolidated registration which has been communicated by the Joint Com...
Tag this Judgment!Mohd. Reyasat Vs. State of Bihar
Court: Patna
Decided on: Apr-25-2000
D.N. Prasad, J.1. This appeal is directed against the judgment of conviction and sentence passed by 1st Additional Sessions Judge, Palamau in S.T. No. 31 of 1983, whereby and whereunder the learned Sessions Judge convicted the sole appellant for the offence under Section 363 of the Indian Penal Code and has been sentenced to undergo rigorous imprisonment for three years.2. The case of the prosecution in brief as stated that the Informant submitted a written report alleging therein that the appellant, Md. Reyasat was an employee in the shop of the Informant and at time, he used to stay in the house of the Informant. But, on account of certain reason, he was removed from service on 13.7.1980. Thereafter, the appellant was doing service in the shop of one Gulam Rasool. It is further alleged that from. 20.7.1980 at about 5 a.m., his daughter aged about 14 years had gone to church for prayer but did not return home. His son started searching for his daughter Albina but she could not be tra...
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