Patna Court June 2000 Judgments
Satyendra Kumar Sinha Vs. State of Bihar
Court: Patna
Decided on: Jun-27-2000
P.K. Sinha, J.1. This is an application under Section 482 of the Code of Criminal Procedure preferred by petitioner Satyendra Kumar Sinha praying therein to quash order dated 30.8.1995 recorded by the Chief Judicial Magistrate, Arrah in G.R. No. 1623 of 1994 whereby cognizance of offence against the petitioner under Sections 419, 420, 467, 468 and 471 of the Indian Penal Code was taken, as also to quash the entire criminal proceeding arising out of the aforesaid order which was then pending before Shri R.K. Tewary, the then Judicial Magistrate. 1st Class. Arrah.2. The facts in brief are that the petitioner who claims to have been appointed as Basic Health Worker by the Chief Malaria Officer, Bihar, Patna. was working as such at Piro Block. It having transpired that the aforesaid appointment letter was fake and forged, F.I.R. for the same was lodged by the In charge Medical Officer at Piro in which the police, after investigation, submitted charge-sheet on which, alter consideration of...
Tag this Judgment!Jawahar Lal Ram and anr. Vs. Bihar College Service Commission and ors.
Court: Patna
Decided on: Jun-26-2000
S.J. Mukhopadhaya, J.1. As both the cases related to appointment to the post of Lecturer (Zoology) in Akshaywat College, Mahua, Vaishali (College for short), they were heard together and are being disposed of by this common order/judgment.2. The petitioner, Jawahar Lal Ram (of C.W.J.C. No. 2780 of 1998) applied for appointment to the post of Lecturer (Zoology) of the College in pursuance of Advertisement No. 942/1989. He, along with others, was interviewed by the Bihar College Service Commission (Commission for short) and his name was recommended, vide letter No. 1156 dated 13th March, 1997. No formal order of appointment having issued, C.W.J.C. No. 2780/98 was preferred by petitioner, Jawahar Lal Ram for his appointment.3. The Respondents, including Managing Committee of the College and its Secretary, appeared on notice in the said case and took plea that the said post (2nd post) of Lecturer (Zoology) of College has already been filled up by appointment of one Dr. Nand Kishore Prasad...
Tag this Judgment!Md. S. Imam Vs. Rai Bharat Kumar and ors.
Court: Patna
Decided on: Jun-26-2000
Nagendra Rai, J. 1. This revision application is directed against the order dated 18-12-1985, passed by the Subordinate Judge, Ist, Patna, in Title Suit No. 26 of 1982, by which he has rejected the application filed by the plaintiff-petitioner under Order XXII, Rule 4(4) of the Code of Civil Procedure (hereinafter referred to as 'the Code), claiming exemption from the necessity of substituting the legal representatives of deceased defendant No. 3, who even though appeared in the suit but neither filed any written statement nor did she participate in the proceeding of the suit.2. The facts necessary for disposal of the present application are that the plaintiff filed the aforesaid suit for declaration of title as well as for a declaration that the sale deed executed by defendants No. 3 and 4 in favour of defendants No. 1 and 2 was illegal and inoperative as well as for recovery of possession.3. The plaintiff's case is that the premises in question, situated in S.P. Verma Road in the t...
Tag this Judgment!Vivek Arora and anr. Vs. Patna Regional Development Authority and ors.
Court: Patna
Decided on: Jun-26-2000
Sachchidanand Jha, J.1. The petitioners are tenants in a portion of a building bearing holding No. 599A standing on plot No. 821 of Fraser Road in Patna town owned by respondent Nos. 5 and 6 Ehsan Raza and Talat Raza (hereinafter referred to as 'private respondents'). They are aggrieved by the order of the Vice-Chairman, Patna Regional Development Authority (PRDA) directing demolition of their tenanted portion of the building. The relevant facts are as follows:2. The private respondents constructed the building after getting sanction of the building plan from the PRDA in Plan Case No. 593/80 on 5.3.82. The building is a market complex. Two rooms thereof, which are subject-matter of the dispute, were let out to the petitioners in 1982. They have been doing business in the premises in the name of 'Vinayak Furniture', now 'Sri Vinayak Foods'. On 1.11.95, the private respondents got another building plan sanctioned with respect to a seven storied building (G+7) vide case No. PCA/8-48/95. ...
Tag this Judgment!Jagdish Pandey and ors. Vs. State of Bihar
Court: Patna
Decided on: Jun-26-2000
M.L. Visa, J.1. Both these appeals have been heard together and are being disposed of by this common judgment because both the appeals are directed against the judgment and order dated 19.8.87 passed by 4th Addl. Sessions Judge, Arrah in Sessions Trial No. 374 of 1984 convicting and sentencing appellant Jairam Pandey to undergo imprisonment for life under Section 302 of the Indian Penal Code (in short, I.P.C.), appellant Jagdish Pandey to undergo imprisonment for life under Section 302 read with Section 109, I.P.C. (in the last para of judgment wrongly typed as 302/149) and appellant Madan Pandey to undergo life imprisonment under Section 302 read with Section 34, I.P.C. All the appellants have been further convicted under Section 440, I.P.C. and appellant Jairam Pandey has further been convicted under Section 27 of Arms Act but no separate sentences under these heads have been passed.2. The case of prosecution in short is that informant Rajdayal Pradhan (P.W. 7) got his fardbeyan (Ex...
Tag this Judgment!Shri Baldeo Mandal Vs. State of Bihar and ors.
Court: Patna
Decided on: Jun-26-2000
Shiva Kirti Singh, J.1. This writ application has been filed by the petitioner for shifting the date of his promotion to the post of Section Officer with effect from 18.8.1987, the date when the petitioner and six other persons were made to officiate as Section Officers in their own pay-scales vide order contained in Annexure-1 and also for grant of monetary benefits on account of such promotion from the date claimed.2. The relevant facts of this case are not in dispute. At the relevant time, the petitioner was a selection grade assistant and according to him, he was seniormost selection grade assistant in the Department of Minor Irrigation when seven vacancies for the general category candidates occurred in the year 1987. As per the promotional rules the case of the petitioner and other eligible persons was considered and those who were found fit for promotion were given officiating promotion on 18.8.1987 vide Annexure-1 but this was not a regular promotion because by this the roster...
Tag this Judgment!Mcdowell and C. Ltd., Etc. Vs. State of Bihar and ors.
Court: Patna
Decided on: Jun-26-2000
Nagendra Rai, J.1. Both the cases involve the same question of law and as such, they have been heard together and are being disposed of by this common judgment.2. The question which involve for determination in this case is as to whether a notification issued by the Government of Bihar dated 11.6.1996, which was published in the official Gazette on the same date revising the rate of duty on Indian Made Foreign Liquor (hereinafter referred to as 'IMFL') and bear, will come into force from the date of printing in the official Gazette or it will come into force from the date it was made available to the public or known to the persons having concerned with the same.3. The petitioner in C.W.J.C. No. 10969 of 1999 filed the present writ application challenging the order dated 1.9.1997 passed by the Superintendent of Excise, Hathidah Distillery, Hathidah, respondent No. 6, by which it has been directed to deposit Rs. 11,75,525/- by way of difference between the duty prevailing between 11.6.1...
Tag this Judgment!Chitranjan Singh Vs. State of Bihar and ors.
Court: Patna
Decided on: Jun-23-2000
Sudhanshu Jyoti Mukhopadhaya, J.1. This application has been preferred by the petitioner against the order, contained in Memo No. 2373 dated 1st December, 1998 issued by the District Education Officer (D.E.O.), Vaishali, whereby and whereunder, the services of the petitioner have been terminated.2. As the case can be disposed of on short point, it is not necessary to discuss all the facts, except the relevant one.3. The petitioner was appointed as Peon on temporary basis by D.E.O., Sitamarhi, vide Memo No. 2641-43 dated 22nd May, 1982 and was posted in Gokul Jagat High School, Narbara against the second post of Peon. Subsequently, he was transferred by Additional Director of Education, Tirhut Division, Muzaffarpur, vide order dated 2nd July, 1991 to one Sheo Nandan Gaya High School; Bakerpur (Vaishali).4. After transfer of petitioner, he was not being paid salary for which communication was made by the Head Master of the School (Vaishali) on 12th August, 1991. The Director, Secondary ...
Tag this Judgment!Ramesh Chandra Vs. State of Bihar and ors.
Court: Patna
Decided on: Jun-23-2000
Shiva Kirti Singh, J.1. Heard learned Counsel for the petitioner, for the State and for the Intervenor.2. Petitioner's case is that being a recipient of President's Fire Service Medal for incidents of years 1991 and 1992 for quallantry work and distinguished Service respectively, he was entitled for a proper consideration for out of turn promotion to the post of Assistant State Fire Officer equivalent of Inspector of Police, as per provisions of Rule 660C of the Police Manual. His grievance is that in spite of such distinguished service career and enabling provision in the Police Manual, his representations for such promotion had no effect and the claim of the petitioner was wrongly rejected by the DG Board vide letter contained in Memo No. 3579 dated 8.9.1995 (Annexure-10) only on the ground that the case of the fife service personnel for out of turn promotion was not in accordance with or covered by the rules.3. The petitioner subsequently got regular promotion to the post of Assist...
Tag this Judgment!Balram Prasad Sinha Vs. State of Bihar and ors.
Court: Patna
Decided on: Jun-23-2000
S.J. Mukhopadhaya, J.1. In both the cases as parties are common, relate to same College, namely, Purwottar Railway College, Sonepur and both the petitioners claim to have been validly appointed against same very post fist post of Lecturer (Zoology), they were heard together and are being disposed of by this common judgment.2. According to petitioner Balram Prasad Sinha of C.W.J.C. No. 7157 of 1998, he was appointed as Founder Lecturer (Zoology) on 5th June, 1978, when the College was established. Subsequently, in pursuance of advertisement dated 4th July, 1978, he was interviewed by Selection Committee on 17th June, 1978 and after acceptance of such recommendation by the Governing Body of the College, his service was regularised and approved on 28th July, 1978 with effect from 5th June, 1978 as Lecturer (Zoology), against the first post which was sanctioned in the year 1978.3. The College was granted permanent affiliation up to the Intermediate standard in 1981-82 and petitioner Balra...
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