Patna Court November 2001 Judgments
Laxmi Choudhary Vs. State of Bihar and ors.
Court: Patna
Decided on: Nov-05-2001
Nagendra Rai and R.S. Garg, JJ.1. This appeal arises out of an order dated 3-7-2001, passed by a learned Single Judge of this Court, by which the writ petition (C.W.J.C. No. 7024 of 2001) filed by him challenging the order dated 27-10-1999 rejecting his claim for appointment on compassionate ground, has been dismissed.2. The facts of this case lie in a narrow compass. The father of the appellant, namely, Hajari Choudhary, was a Government employee and he died in harness on 5-1-1997. The appellant applied for his compassionate appointment and his claim was rejected on the ground that he did not possess the minimum requisite qualification i.e. Vlllth Pass as provided by Circular No. 3577 dated 25-4-1997 laying down minimum qualification for appointment on a Class IV post in the Government service.3. Learned Counsel for the appellant relied upon two judgments of a learned Single Judge of this Court, namely (i) in the case of Bivash Kumar v. State of Bihar 2000(1) P.L.J.R. 787 and (ii) i...
Tag this Judgment!Uma Sharan Gupta and anr. Vs. the State of Bihar and ors.
Court: Patna
Decided on: Nov-01-2001
Nagendra Rai, J.1. Two writ petitioners have filed the present writ petition for quashing the order of the State Election Commission (for short 'the Commission') dated 11-4-2001, issued under the signature of the Secretary of the Commission addressed to the District Magistrate-cum-District Election Officer (Panchayat), Nawadah, cancelling the electrion of all the office bearers of the Narhat Gram Panchayat and directing to take steps for fresh election, and for quashing the consequential order dated 12-4-2001 issued by the District Magistrate-cum-District Election Officer, (Panchayat), Nawadah, addressed to the Election Officer, Narhat Prakhand informing about the aforesaid order dated 11-4-2001 of the Commission and also for quashing the decision of the Commission dated 23-7-2001, issued under the signature of the Secretary of the Commission giving direction for holding a fresh election of the different posts of the aforesaid Gram Panchayat. Copies of the said directions/orders have ...
Tag this Judgment!Raish Lal Prasad and ors. Vs. Bibi Jubaida Khatoon and ors.
Court: Patna
Decided on: Nov-01-2001
R.S. Dhavan, C.J. 1. Plaintiff Raish Lal Prasad and others filed a suit for permanent injunction to restrain the sole defendant Md. Satar from interferring with-his peaceful possession over the suit land described in Schedule 1 to the plaint. Md. Sattar died during the pendency of the suit on 9 June. 1997. The three steps which ought to have been taken were not taken by the plaintiff. These were; (a) an application for setting aside the abatement of the suit was not filed; (b) a prayer for substitution had not been made and (c) as there had been delayed in seeking the above reliefs an application under Section 5 of the Limitation Act. 1963 had not been filed either. The suit, thus, stood dismissed.2. The plaintiff filed an appeal. The lower appellate Court was of the view that the appeal had been filed against a dead person without having taken adequate steps provided under the law during the pendency of the suit. The lower appellate Court was not inclined to permit the steps to be t...
Tag this Judgment!Chandeshwar Prasad and anr. Vs. the State of Bihar and ors.
Court: Patna
Decided on: Nov-01-2001
Nagendra Rai, J.1. The two petitioners, who were duly elected as Pramukh and Up-pramukh, respectively, of Minapur Panchayat Samiti, have filed the present writ application for quashing the resolution dated 4-9-2001 (Annexure 4) taken in the meeting of the Panchayat Samiti in question, whereby no confidence motion has been passed against them by 21 votes.2. The facts necessary for disposal of the present writ application are that on 19-6-2001, an election was held, in which petitioner No. 1 Chandeshwar Prasad was elected as Pramukh and petitioner No. 2 Krishnadeo Prasad was elected as Up-pramukh of the said Panchayat Samiti. They took charge of the aforesaid posts and started functioning thereon. It is to be stated that up-till now there is no devolution of power and function to the Panchayat Samitis. respondent No. 5, namely, Suresh Rai, a member of the said Panchayat Samiti, was the candidate for the post of Pramukh and was defeated. According to the petitioners, respondent No. 5 wit...
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