Patna Court January 2001 Judgments

Branch Manager, Sheikhpura Branch, State Bank of India Vs. Arjun Prasa ...

Court: Patna

1. The present appeal has been filed by State Bank of India against the judgment and Order dated 7-2-2000 passed by a learned single Judge of this Court in CWJC No. 8089 of 1999 by which the writ petition filed by certificate debtor respondent No. 1 has been allowed and order of Collector, Nawadah dated 4-6-1998 passed incase No. 449/M, of 1996 has been set aside. 2. The only relevant facts for determination of the Issue Involved In this appeal are that an order of certificate officer was challenged by the certificate debtor in an appeal preferred before the Additional Collector, Nawadah vide case No. 62/92-93 which appeal was allowed by the Additional Collector by his order dated 11-2-1993 and all the orders passed by the certificate officer in the certificate preceding were set aside. It appears that the certificate officer did not implement the order passed by the Additional Collector and aggrieved by such action of the certificate officer, the certificate debtor-respondent No. 1 ...

Saraswati Vilas Sanskrit Mahavidyalaya and ors. and Vs. Kameshwar Sing ...

Court: Patna

S.N. Jha, J.1. The dispute in these writ petitions relate to affiliation of Sanskrit Colleges in the State of Bihar and payment of salary to the teachers and non-teaching staff working therein.2. The petitions have been filed on behalf of 12 Sanskrit Colleges in representative capacity. Since the issues involved are the same and the facts also are somewhat similar, 'it may suffice to mention the facts from C.W.J.C. No. 9085 of 1999, particularly with reference to petitioner No. 1 College, namely, Saraswati Vilas Sanskrit Mahavidyalaya, Shokhara, Barauni, district Begusarai. It may be mentioned here that besides the main writ petitions the petitioners have filed two supplementary affidavits, another affidavit in reply to the one of the supplementary counter-affidavit of the Department and three petitions challenging the validity of the decision of the Government rejecting the proposal regarding permanent affiliation of the Colleges concerned. The State also has filed as many as four su...

Jugesh Kumar Vs. Allahabad Bank and ors.

Court: Patna

Radha Mohan Prasad, J. 1. As agreed by the learned counsel for the petitioners and the learned counsel for the Bank, the writ petition itself has been heard for final disposal at the stage of admission itself. 2. In this writ petition, the petitioner is aggrieved by the order of the disciplinary authority, contained in Annexure 6, as well as the order passed by the appellate authority, contained in Annexure 8, and the order passed by the reviewing authority, contained in Annexure 10. 3. Learned counsel for the petitioner initially submitted that the reviewing authority has not at all applied his mind in exercise of the power under Regulation 18 of the Allahabad Bank Officer Employees' (Discipline & Appeal) Regulations, 1976, [hereinafter referred to as the '1976 Regulations'], as is evident from the communication contained in Annexure 10 itself. It has further been submitted that even the disciplinary authority and the appellate authority have not applied their mind and recorded the...

Deolal Sha Sudist Narayan and ors., Etc. Etc. Vs. State of Bihar and o ...

Court: Patna

R.N. Prasad, J.1. In these writ petitions, common question of law and facts are involved. They have been heard together and are being disposed of by this order.2. (n all these writ petitions, memo No. 15/Vidhi-141/99 dated 24.1.2000 issued by Managing Director, Bihar State Agricultural Marketing Board to the Secretaries directing to realise Market fee with regard to sugar from the traders except Mill owner, is under challenge. In CWJC. No. 2187/2000 and CWJC No. 620/ 2000, the notices issued to the petitioners directing to deposit market fee are also under challenge.3. The petitioners are traders and are engaged in wholesale business of sale and purchase of sugar within the market yard declared under the Bihar Agricultural Produce Markets Act. They have obtained licence under the provision of Bihar Agricultural Produce Markets Act and also whole-sale sugar licence under the provision of Bihar Trade Articles (Licences Unification) Order, 1984. They purchase sugar from different sugar f...

ibrahim Ansari Vs. State of Bihar

Court: Patna

D.P.S. Choudhary, J. 1. This appeal arises out of the judgment and order of conviction under Sections 20(b)(II) and 23 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as the 'N.D.P.S. Act') passed by Shri Ramesh Kumar Rateyar, Additional Sessions Judge III, Patna vide judgment and order dated 25-5-1999 in Special Case No. 31 of 1997 convicting the appellant and sentencing him to undergo rigorous imprisonment for 14 years and to pay a fine of Rs. 1,50,000/- on each count and in default of payment of fine further R.I. of three years. The sentences are to run concurrently.The prosecution case in brief is that the complainant D. K. Verma (P.W. 1), Superintendent, Narcotic Control Bureau, Varanasi, filed a complaint on the basis of which the case was registered. It is alleged that be received a secret information that a person is coming from Nepal via, Padroma with Charas and on 12-9-1997 he will deliver the said Charas to a customer at Gandhi Maidan at Patna...

Subhash Yadav Vs. State of Bihar and ors.

Court: Patna

S.N. Jha, J.1. The petitioner seeks direction upon the respondents to grant him out-of-turn promotion to the rank of Assistant Sub-Inspector (ASI) of Police in terms of Rule 660-C of the Bihar Police Manual. He is presently a Literate Constable working in the Special Branch of the Police Department. The claim for out-of-turn promotion was rejected by the Director-General's (DG) Board on 31.1.94. The grievance of the petitioner is that one Bindeshwar Singh, whose similar claim based on the same incident had been rejected by the same Board on 31.1.94, was allowed later on 25.3.98 and he has been granted out-of-turn promotion. The claim being similar and based on same incident, the petitioner thus is also entitled to similar promotion. Having regard to the nature of the grievance, Bindeshwar Singh was allowed to be added as respondent by order dated 25.1.2000 and he was accordingly added as respondent No. 4 in the case. Despite service of notice, however, he has chosen not to appear in t...

The Bihar School Examination Board and ors. Vs. Md. Misbahuzzaman

Court: Patna

1. The Bihar School Examination Board (for short 'the Board') and its officers are appellants in this appeal and are aggrieved by order of the learned single Judge dated 27-11-2000: (2001(1) Bihar LJ 203). passed in C.W.J.C. No. 10978 of 2000, whereby he has cancelled the communication dated 12-9-2000, issued under the signature of the Assistant Secretary of the Board, informing the Principal of M.A.A. High School, Patna city (respondent herein), that the Project Schools, Minority Schools, and Proprietary Schools have no right to sponsor the candidature of the private students for appearing in the ensuing secondary school examination (for short 'the examination') conducted by the Board and further directing that they may forward registration forms/applications of the aforesaid students to appear in the examination through Government High School or Nationalised High School as private candidates. The learned single Judge has also directed that the registration forms/applications of the...

National Insurance Co. Ltd. Vs. Meena Devi and anr.

Court: Patna

S.N. Pathak, J.1. This Misc. appeal has been field by National Insurance Company. It was one of the defendants in M.V. Case No. 21/90.2. One Meena Devi filed the aforesaid case under the Motor Vehicles Act claiming compensation for the death of her husband who was driver of one Ramdayal Singh. The husband of Meena Devi died while driving the Jeep of Ramdayal Singh. On the evidence on record contested by Ramdayal Singh, the Court held that the deceased was having monthly income of Rs. 1,000/- and he died at the age of 30 years in good health, Learned lower Court also computed the period of survival of the deceased at 60 years which, normal and average life span of a citizen of this country by established norms. So the learned lower Court (Claims Tribunal) calculated compensation to be paid to Meena Devi on the basis of monthly income of Rs. 1000/- for the period of 30 years which was the survival period of the deceased and assessed the amount of compensation at a lump sum of Rs. 3,60,0...

Krishna Singh and ors. Vs. State of Bihar

Court: Patna

Indu Prabha Singh, J.1. All the three appellants have been convicted under Sections 304B, 498A and 201 of the Indian Penal Code and 3/4 of the Dowry Prohibition Act. They have been sentenced to undergo ten years under Section 304B of the Indian Penal Code. They have been further sentenced to undergo rigorous imprisonment for two years under Section 498A of the Indian Penal Code. No separate sentence has been passed against the appellants under Section 201 of the Indian Penal Code and 3/4 of the Dowry Prohibition Act. However, all the sentences were ordered to run concurrently.2. The prosecution case, in brief, is that Lakshmi Devi, the daughter of Bashishtha Singh of village-Bandha P.S. Bihia, District-Bhojpur was married to appellant Krishna Singh, son of appellant Nand Kishore Singh on 29-4-1992. It has been alleged that the father of the deceased, Lakshmi Devi, performed the marriage and gave articles according to his means. The accused persons, namely, Krishna Singh and his father...

Pawan Yadav and anr. Vs. State of Bihar

Court: Patna

Reported in: 2001CriLJ3626

1. Since both the appeals arise out of the same judgment and are being heard together, and are being disposed of by this common Judgment.2. Both the appellants have been convicted under Section 412 of the Indian Penal Code and have been sentenced to undergo rigorous imprisonment for five years with a fine of Rs.5,000/ each. In case of failure of payment of fine, they have been further sentenced to undergo rigorous imprisonment for one year each.2-A. The prosecution case, in brief, is that a dacoiiy was committed in the house of Subhankar Kumar (P.W.11) in the night intervening the 25th /26th of October, 1997. It has been stated that the informant was sleeping with his wife (not examined) in a room while his father Satya Narain Sah (P.W.9) and his mother (not examined) were sleeping in another room on the first floor. The two sisters of the informant and their children were sleeping on the Varandah while Deepak Kumar (P.W.8) full brother of P.W. 11 was sleeping at the Darbaja. It has be...