Patna Court February 2001 Judgments
Mazhar Imam Afroj Vs. Union of India (Uoi) and ors.
Court: Patna
Decided on: Feb-07-2001
Radha Mohan Prasad, J.1. In this writ petition, the petitioner has assailed the validity of the order of disciplinary authority, contained in Annexure-1, as well as the order of the appellate authority, contained in Annexure-2, whereby and whereunder the disciplinary authority has inflicted major penalty of dismissal from service and the same has been affirmed by the appellate authority as well.2. It appears that the matter came up before this Court earlier also on two occasions and lastly by the order dated 1.12.1995 passed in C.W.J.C. No. 4831/95 the matter was remanded to the appellate authority for fresh consideration and exercise of its independent judgment. It appears that on the said remand, the appellate authority has passed the impugned order, contained in Annexure-2.3. Learned Counsel for the petitioner has raised short questions to assail the validity of both the impugned orders. He has submitted that admittedly, the petitioner was not given second show-cause notice before ...
Tag this Judgment!Krishna Chandra Prasad Singh, M.L.A. Vs. State of Bihar and ors.
Court: Patna
Decided on: Feb-07-2001
Ravi S. Dhavan, C.J. 1. Cases as thepresent one relate to the state of affairs on which the media has reported from time to time and the Government of India has also expressed concern that the Government of Bihar is not utilising the grants, which have been allocated nor is generating grants for planning. 2. It is already on record that allocations which would normally come to local bodies have not been made and Bihar has lost out on receiving grams from the Government of India. The Government of India has made it clear to the Government of Bihar, in no uncertain terms, that unless grass root democracy is restored and local bodies are made functional. Bihar will not be given funds as grants meant for local bodies. The report of the Government of India, Planning Commission, needs to be seen. This report already lies on record in a matter at the High Court. 3. Approximately Rs. 500 crores have already been lost as funding not received between 1995-2000 as was meant for local self-Gover...
Tag this Judgment!Kali Sao and ors. Vs. Smt. Shanti Devi and ors.
Court: Patna
Decided on: Feb-07-2001
S.K. Katriar, J.1. Heard learned Counsel for the appellants and the respondents.2. The defendants are the appellants against a judgment of reversal. This appeal is directed against the judgment dated 14.7.99, passed by the learned 1st Additional District Judge, Nalanda at Biharsharif, in Title Appeal No. 40 of 1987 Smt. Shanti Devi and Ors. v. Sri Kali Sao and Ors. A brief admitted genealogy of the parties is set out hereinbelow: Muni Sao (Plaintiff No. 3) | |Kali Sao Ram Chandra Sao (Deft. 6) Mahendra Sao (Deft. 7)Deft. No. 1-App. No. 1wife is deft No. 2 Shanti Devi (wife) Manki Devi (Pl. No. 9) (Pl. 1) (wife) Pappu (minor son Deft. 11)Dharmendra Dihrendra DevendraDeft. 3 Deft. 4 Deft. 5 Dharmvira Gautam Navin Deft. 8 Deft. 9 Deft. 103. The plaintiffs instituted Title Suit No. 83/1984 in the Court of 1st Subordinate Judge, Nalanda at Biharsharif for declaration that the order dated 10.5.1984, passed by Executive Officer, Biharsharif Municipality in Mutation Case No. 511/1983-84 is n...
Tag this Judgment!Mohd. Ilyas Vs. High Court of Judicature, Through the Registrar and or ...
Court: Patna
Decided on: Feb-07-2001
Shashank Kr. Singh, J.1. The present application under Articles 226 and 227 of the Constitution of India has been filed for quashing the order issued under the signature of the Registrar of the Patna High Court vide Memo No. 14203-208 dated 13th July, 1990 as contained in Annexure-1, by which the Respondent No. 4 one Sri Anant Narain Singh has been temporarily promoted as Assistant Registrar (Establishment) of Patna High Court, without considering the case of the petitioner.2. A further prayer has been made for also quashing the order by which Respondent No. 5, has been promoted to the post of Assistant Registrar and has been posted at Ranchi Bench of the Patna High Court.3. The case of the petitioner, in short, is that he was initially appointed as a Translator in the translation cadre, in the Patna High Court on 2nd February, 1953. Subsequently, he was promoted as Senior Translator in the month of May, 1981. The petitioner thereafter being the seniormost translator was made incharge...
Tag this Judgment!Awadhesh Sao and ors. Vs. State
Court: Patna
Decided on: Feb-06-2001
S.N. Pathak, J.1. This appeal has been preferred against the judgment and decree passed by the 3rd Additional District Judge, Aurangabad, in Title Appeal No. 19 of 1983, affirming the judgment of the Additional Munsif-II, Aurangabad, passed in Title Suit No. 107 of 1979, The plaintiff of that suit is appellant here.2. Admittedly, the aforesaid title suit was filed by the appellant before this Court, seeking declaration that suit plot No. 262 under Khata No. 100 was settled by the ex-landlord in favour of plaintiff and he was coming in possession of the same. However, the Revenue officer wanted to settle the aforesaid land to the Harijans of the locality. So the plaintiff had sought declaration of his title over suit land and also wanted to get the defendant of the suit, including the State of Bihar, to be restrained from interfering with the plaintiff's possession. The suit under appeal (Title Suit No. 107 of 1979) was filed under service of notice under Section 80 of the Code of Civi...
Tag this Judgment!Ajay Kumar Rana Vs. State of Bihar and ors.
Court: Patna
Decided on: Feb-06-2001
Indu Prabha Singh, J. 1. This application under Sections 397 and 401 of the Code of Criminal Procedure, 1973 (in short 'the Code') is directed against the judgment dated 2-12-1998 passed by the learned Sessions Judge, Nawadah in Cr. Revision No. 67/98 by which while allowing this revision case he set aside the order dated 24-4-1998 passed by Shri Ramashray, Judicial Magistrate, 1st Class, Nawada, whereby the learned Magistrate has been pleased to order for issuing summons against opposite party Nos. 2 to 6 under Section 319 of the Code.2. From the facts of the case it appears that the petitioner had filed a complaint case (Complaint Case No. 439/96) against the aforesaid persons as also against one Satyadeo Prasad. In the complaint petition he had alleged that these persons in conspiracy with each other had created a forged and fabricated document purported to be 'Yaddast' said to be executed by one Ratan Ram, son of Meghu Ram. After an enquiry under Section 192 of the Code the cogniz...
Tag this Judgment!Mahi Kant Chaudhary and ors. Vs. State of Bihar and anr.
Court: Patna
Decided on: Feb-06-2001
P.K. Sinha, J.1. Heard. This petition is for quashing the entire criminal prosecution of the petitioners in connection with Andhra Tharhi P.S. Case No. 98 of 1987, corresponding to C.R.NO. 807 of 1987 pending In the Court of Sub-Divisional Judicial Magistrate, Jhanjharpur as also for quashing the order dated 15-9-1992 passed by the S.D.J.M., Jhanjharpur by which the learned Magistrate had ordered for framing of the charges under Sections 420, 467, 465, 195 and 471 of the Indian Penal Code as also for quashing the order recorded by the learned 3rd Additional Sessions Judge, Madhubanl in Criminal Revision No. 1259 of 1992 dated 2-8-2000 by which the learned lower Court had dismissed the revision application filed by the petitioners against the aforesaid order of the learned S.D.J.M. dated 15-9-1992.2. Learned counsel for the petitioners mainly has made two arguments, firstly that after investigation the police filed final report holding the case to be a civil dispute but even thereafter...
Tag this Judgment!Ratnanand Jha Vs. State of Bihar and ors.
Court: Patna
Decided on: Feb-06-2001
Narayan Roy, J.1. Heard Mr. Shyam Sunder Sinha 'Shyam', learned Counsel for the petitioner, Mr. Ram Bilas Mahto, learned Counsel for the respondent No. 5 and J.C. to G.P. 2 for the State.2. The grievance of the petitioner by this application is that the order passed by the Collector under Section 41 of the Bengal Survey Act, 1975 (hereinafter referred to as the Act) being the final order, was not assailable in appeal as there is no statutory provision of appeal against such order.3. It appears that the petitioner applied for determining his boundary on the land in question and pursuant to his application, the Collector, in exercise of its power under Section 41 of the Act, determined boundary according to actual possession and directed to clear the same by boundary marks. The order as contained in Annexure 2 was not given effect to as the matter was resisted by respondent No. 5 and ultimately respondent No. 5 filed an appeal against the order as contained in Annexure-2 which was enter...
Tag this Judgment!Vikash Singh and ors. Vs. Devesh Pratap Singh
Court: Patna
Decided on: Feb-05-2001
Sachchidanand Jha, J.1. This is a petition under Section 278 of the Indian Succession Act (in short 'the Act1) for grant of Letters of Administration of the Will of Smt. Kamleshwari Devi, a resident of Boring Canal Road, Patna. The petition was earlier registered as Testamentary Case No. 3 of 1991. After the Objector entered caveat it was converted into a suit and re-registered as Testamentary Suit No. 3 of 1996.2. The case of the petitioners, who are the grand sons of Smt. Kamleshwari Devi (hereinafter called the testatrix) and beneficiaries of the disposition, is that the testatrix was the absolute owner of land bearing plot Nos. 172,173, 174,175 of khata Nos. 115/588 and 14 of village Dujra, Thana Digha (now known as Boring Canal Road within Budha Colony Police Station, Patna town), purchased by her from her streedhan on 3.6.53. After the purchase, she got her name mutated in the revenue records. From her savings and streedhan she constructed a double-storied house which was number...
Tag this Judgment!Binay Prakash Singh Vs. State and anr.
Court: Patna
Decided on: Feb-05-2001
S.K. Chattopadhayaya, J.1. Heard earned Counsel for the petitioner and the State.2. This in one of those cases which will reveal tragic picture of small scale industries in the State of Bihar.3. There is no dispute of the fact that the petitioner, a Small Scale Industry, on receiving several orders from the State Government printed the books and supplied them to the different District Adult Education Officers. As per the orders, this supply was made from 8.4.1987 to 21.10.1990. The petitioner submitted a bill of total amount of Rs. 4,16,073.61. Out of this total amount Rs. 1,63,613.35 remained unpaid. The petitioner represented times without number but the authorities concerned, for the reasons best known to them, did not pay the dues. Having failed in all spheres, the petitioner ultimately moved the appellate Authority constituted under Clause 15(a) of the Material Purchase Preference Rules which is commonly known as the State Liability Appellate Committee (Committee in short). This ...
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