Patna Court March 2001 Judgments
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Shambhu Shankar Thakur Vs. State of Bihar and ors.
Court: Patna
Decided on: Mar-12-2001
Nagendra Rai, J.1. This appeal under Clause 10 of the Letters Patent of the High Court of Judicature at Patna has been filed against the order dated 9-2-2000 passed in CWJC No. 706 of 1998 by a learned Single Judge of this Court by which the writ application filed by the appellant challenging the out-of-turn promotion given to respondent No. 7 (Raj Kumar Yadav) to the post of Inspector of Police and the Deputy Superintendent of Police (hereinafter referred to as the Dy. S.P.) respectively, has been rejected.2. The case of the appellant is that on 16-1-1972, he was appointed as a Sub-Inspector of Police as direct recruit and he was confirmed on the said post. He was promoted on the post of Inspector of Police on officiating basis in the year 1982. Thereafter, he was awarded police medal for gallantry by the President of India on 24-11-1984 (vide Annexure-1 to the writ application) for his exemplary courage and bravery in discharging his duty while posted as Sub-Inspector of Police in t...
Mundrika Singh Yadav Vs. Shiv Bachan Yadav and ors.
Court: Patna
Decided on: Mar-08-2001
M.L. Visa, J.1. Respondent No. 1 has filed an application under Section 87 of the Representation of the People Act, 1951 (hereinafter referred to as 'the Act') read with Order VII Rule 11 of the Code of Civil Procedure (in short, CPC) challenging the maintainability of the election petition and praying for its dismissal.2. The objection raised by Respondent No. 1 is that the election petitioner has challenged the election of respondent No. 1 on the sole ground of illegalities alleged to have been committed by the counting authorities and the petitioner has levelled allegations against the District Election Officer, Returning Officer and Assistant Returning Officer that they committed illegalities inthe counting of votes but these officials have not been made* parties by the election petitioner in his petition and all the allegations levelled by the election petitioner in his petition cannot be inquired into in absence of the aforesaid officials and on this ground the election petition...
Tapeshwar Yadav and ors. Vs. State of Bihar and ors.
Court: Patna
Decided on: Mar-08-2001
Indu Prabha Singh, J.1. Criminal Appeal No. 111/97 and Criminal Revision No. 223/97 arise out of the same judgment and have been heard together and are being disposed of by this common judgment.2. Cr. Rev. No. 223/97 has been filed against the judgment and order dated 2-4-97 passed by 2nd Additional Sessions Judge, Bhagalpur by which the learned Judge acquitted four accused-opposite parties and convicted the rest four accused under Section 395 of the Indian Penal Code and they were sentenced to undergo R.I. for five years. In this case it has also been prayed that the sentence passed by the Court below is less. Therefore, it had been prayed that the sentence imposed upon the four convicted accused persons be enhanced to life imprisonment and also to convict the acquitted opposite parties.3. In Cr. Appeal No. 111 of 1997 four appellants, namely, 1. Tapeshwar Yadav, 2. Bhudeo Yadav, 3. Sukdeo Yadav and 4. Raghu Mistri, had been convicted under Section 395 of the Indian Penal Code and ha...
Sanjeev Kumar Sinha and anr. Vs. State Bank of India and ors.
Court: Patna
Decided on: Mar-08-2001
Radha Mohan Prasad, J. 1. As in both these writ petitions the question involved is common, they are being disposed of by this common order.2. In the first writ petition (C.W.J.C. No. 13522 of 2000) the prayer is to quash the order, dated August 17, 2000 contained in Annexure 9 passed by the Managing Director and Group Executive (National Banking), State Bank of India, Mumbai (respondent No. 3), whereby the claim of the petitioner for appointment on compassionate ground after the death of his father Late Gopal Nandan Prasad Sinha in harness on August 30, 1996 has been rejected and the second writ petition (C.W.J.C. No. 918 of 2001) is directed against the order as contained in Ref: PTC/SSW/4209/ 2000-01/HKV, dated December 16, 2000 (Annexure 4), issued by the Divisional Manager, Canara Bank, Patna, informing the petitioner that the competent authority after examining his case has declined to give appointment in the bank on compassionate ground as no indigent circumstances necessitatin...
Sanjeev Kumar Sinha, Etc. Vs. State Bank of India and ors. Etc.
Court: Patna
Decided on: Mar-08-2001
Radha Mohan Prasad, J.1. As in both these writ petitions, the question involved is common, they are being disposed of by this common order.2. In the first writ petition (C.W.J.C. No 13522 of 2000), the prayer is to quash the order dated 17-8-2000, contained in Annexure 9, passed by the Managing Director and Group Executive (National Banking), State Bank of India, Mumbai (respondent No 3), whereby the claim of the petitioner for appointment on compassionate ground after the death of his father late Gopal Nandan Prasad Sinha in harness on 30th August, 1996 has been rejected and the second writ petition (C.W. J.C. No. 918 of 2001) is directed against the order as contained in Ref: PTC/SSW/4209/2000-01/ HKV dated 16-12-2000 (Annexure-4), issued by the Divisional Manager, Canara Bank, Patna, informing the petitioner that the competent authority after examining his case has declined to give appointment in the Bank on compassionate ground as no indigent circumstances necessitating employment...
State of Bihar and ors. Vs. Arya Devi and ors.
Court: Patna
Decided on: Mar-05-2001
1. Both the Letters Patent Appeals have been preferred by the State of Bihar and they have been heard together in detail at the stage of admission itself. They involve a common question of law as to whether in case of teachers of elementary schools taken over by the State Government under the Bihar Non-Govern-'ment Elementary Schools (Taking Over of Control) Act, 1976 (hereinafter referred to as 'the Act') who ceased to be in service of such schools, on account of death or retirement, prior to 31-3-1976, the widow or other family members are entitled to family pension under the 1964 Notification which provides Family Pension in case of death of Government employees.2. The relevant facts, in short, are that husband of the writ petitioner in both the cases was a teacher in an elementary school taken over by the State Government under the Act, Admittedly, they ceased to be employees of the schools concerned prior to 1-4-1976. Although the Act was enacted in 1976 but certain categories of...
Chand Prasad and ors. Vs. State of Bihar and ors.
Court: Patna
Decided on: Mar-05-2001
1. In each of these writ petitions comprising this batch complaint is made that names of persons having voting right have been left out, in small of large numbers, from the voters list prepared for the respective Gram Panchayats for the coming Panchayat elections. Apart from the cases in this batch there are many more cases on the list before this Court making the same grievance.2. Before proceeding further, if may be stated that elections for the local bodies (Gram Panchayats and Zila Parishads) are going to be held In this State after a gap of 22 years. It may also be noted that the necessary will and the drive which made the coming elections possible came from the order passed by this Court in Nand Kishore Singh v. Union of India, (2000) 4 Pat 1 LJR 819. Needless to say, therefore, it is of the utmost concern of this Court that the elections are held on schedule, as fixed by the electroral authorities, and that nothing be allowed to happen that might cause obstruc tion or delay in t...
Daya Shankar Prasad Vs. Union of India (Uoi) and ors.
Court: Central Administrative Tribunal CAT Patna
Decided on: Mar-02-2001
(a) To direct the respondents to release in favour of the applicant DCRG amount, leave encashment, transfer grant, packing and other allowances, as per admissible rules. (b) To direct the respondents to pay 18% interest per annum on withhold amount as referred to in Annexure-A/1(a) with effect from 31.10.1996.2. I have heard the learned Counsel for the parties and perused the materials on record.3. The applicant joined the Railway Service with effect from 12.6.1959.He retired from Railway Service as Station Superintendent, Dholi Railway Station of North Eastern Railway, with effect from 31.10.1996.It is stated by the applicant that at the time of retirement, he was getting monthly salary of Rs. 2675 (Annexure-A/1), At Dholi Station, the applicant had been allotted a Railway Quarter No. T/9. The applicant has stated that he vacated the said quarter on 29.10.1996 (Annexure-A/2). He made an application for release of DCRG, leave encashment, transfer allowance, etc., vide his petition, as...
Bhrigunath Singh and ors. Vs. Braj Banshi Singh and ors.
Court: Patna
Decided on: Mar-01-2001
S.N. Pathak, J.1. This second appeal has been preferred by the plaintiffs of Title Suit No. 63 of 1974/14 of 1977. The suit was decreed by the trial Court and on appeal by the defendants of the suit, the lower Court's decree was reversed and, hence, this second appeal. The plaintiff-appellants challenged the findings of the first appellate Court on the grounds, inter alia, that the first appellate Court failed to consider the oral evidence of the parties and it formed a wrong opinion regarding Hukumnama claimed by the defendant-respondents and it also wrongly held that the order of the Magistrate passed in a proceeding under Section 145, Cr PC was final because its revision also failed.2. Before I proceed to examine the judgment of the first appellate Court in the light of grounds of appeal set up by the plaintiff-appellants, it would be worthwhile to state, in substance, the case of the parties which will facilitate the decision on the question involved in the second appeal. The conc...
Dilip Kumar Singh Alias Chhedi Singh Vs. State of Bihar
Court: Patna
Decided on: Mar-01-2001
M.L. Visa, J.1.This appeal by the sole appellant is directed against the judgment and order dated 8-5-1987 passed by 2nd Additional Sessions Judge, Samastipur, in Sessions Trial No. 123/29 of 1985 convicting and sentencing the appellant to undergo imprisonment for life under Section 302 of the Indian Penal Code (in short, I.P.C.).2. The case of prosecution, in short, is that informant Maheshwari Devi (P.W. 13) had an old thatched house towards west of a pond in her village and the house of co-accused Satya Narayan Singh alias Gandhi is situate towards south of that house. Because the house of informant was old her husband Satya Narayan Thakur (since deceased) after uprooting the old house wanted to construct new house there and for this he on 7-6-85 after embedding some poles started fixing Kores (wooden sticks) for holding tiles. At about 4 p.m. the appellant along with his father co-accused Satya Narayan Singh alias Gandhi, his brother co-accused Nawal Kumar Singh and his mother co-...
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