Patna Court September 2001 Judgments
The Association of Independent Schools, Bihar and ors. Vs. State of Bi ...
Court: Patna
Decided on: Sep-28-2001
Ravi S. Dhavan, C.J. 1. This petition was brought as a Public Interest Litigation by the Association of Independent Schools, Bihar, bringing to the notice of the Court the events which are about to take place, over which the media otherwise is agog. The action of the State-respondents has affected the educational Institutions within the Metropolitan area of Patna. The event which the petitioners' Association is speaking of is a large rally which has been organised at Gandhi Maidan , Patna. The rally is a convention of about 2,00,000, Mukhiyas, elected members of Panchayat Samitis and Zlla Parishads. These are institutions which have recently been revived to play their part, locally, as laid down in the chapter, the Panchayat, Part XI of the Constitution of India. They are institutions of self Government and their functions are prescribed under the Bihar Panchayat Raj Act, 1993. 2. To hold this all-panchayat-convention, schools and colleges and institutions of higher education have be...
Tag this Judgment!Dy. Cit Vs. Late Ratan Lal Jain
Court: Patna
Decided on: Sep-28-2001
S. Bandyopadhyay, A.M.The only issue in this departmental appeal relates to whether the Commissioner (Appeals) has been correct in considering the question of charging of interest under section 158BFA(1) and in restoring the matter back to the file of the assessing officer for fresh consideration.2. The facts of the case, in a nutshell, are that a search and seizure operation was conducted in the premises of Late Ratan Lal Jain on 7-8-1997. A notice was issued by the assessing officer under section 158BC on 5-11-1997, asking the assessee to produce his block return of undisclosed income in relation to the search. The said notice was served on the assessee on 7-11-1977. The assessee requested the assessing officer repeatedly to provide the xerox copies of the seized documents so that he might be able to file his return of undisclosed income. The said copies were not provided to the assessing officer for a long time. Ultimately, however, the assessing officer agreed to provide photocopi...
Tag this Judgment!Eqbal HussaIn Khan and anr. Vs. the State of Bihar
Court: Patna
Decided on: Sep-27-2001
B.N.P. Singh, J.1. Both the above cases have been heard together and are being disposed of by this common order.2. Hasnain Akhtar Khan (deceased) said to be the Lecturer in Gaya College, Gaya had come to his native village Belhari on 31st December, 1992 and just on the following day which was the New Year's day, he went to Gangta Canal to celebrate New Year's day little knowing that he will not celebrate next New Year's day, as it is alleged that on the day of 1st January, 1993, shortly after return from picnic, while he was near the mosque in the village, Md. Eqbal Hussain Khan, the appellant, indulged in altercation with him taking him to task for responding conclusively, and shortly thereafter hurled a bomb when Hasnain Akhtar Khan dropped on the ground and died with profuse bleeding flowing from the wound, when some persons made endeavours to come near the dead-body, he threatened them of dire consequences and no one ventured to do so, and only after he made good escape, the famil...
Tag this Judgment!Mahanth Ram Das Vs. the State of Bihar and ors
Court: Patna
Decided on: Sep-25-2001
S.K. Katriar, J.1. Heard learned Counsel for the petitioner, and JC to learned SC (Ceiling).2. The petitioner claims to be a religious institution of public nature. It had filed an application on 5-12-1977 under Section 29(2)(a)(ii) of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act before the authorities under the Act, seeking exemption of lands to the extent of 15 acres from the operation of the Act. The matter remained pending with the Government and no decision was taken. The petitioner was compelled to move this Court in CWJC No. 19939 of 1996, which was dismissed. Aggrieved by the same, the petitioner moved this Court in LPA No. 1286 of 1996 Mohanth Ram Das v. State of Bihar, which was disposed of by a Division Bench on 30-9-1997 (Annexure-7), whereby the State Government was directed to dispose of the petitioner's said application on merits after taking into account the two reports of the Collector of the district. The petitioner has now mo...
Tag this Judgment!Ranjendra Pathak and ors. Vs. State of Bihar and ors.
Court: Patna
Decided on: Sep-25-2001
Narayan Roy, J.1. Heard Counsel for the parties.2. All these three writ applications have been filed by the petitioners for common cause, and, therefore, they have been heard together and are being disposed of by this order.3. Petitioners of these writ applications are said to be applicants pursuant to communication vide letter No. 2378 dated 29-5-1999, issued by the Secretary-cum-State Transport Commissioner, respondent No. 2, for their appointment to the post of District Transport Officer (Junior), which are to be filled up by promotion from amongst the Staticians and Senior Clerks in the Department of Transport, Government of Bihar, Patna.4. The grievance of the petitioners is that though they have applied for appointment to the post of District Transport Officer (Junior) pursuant to communication vide letter No. 2378 dated 29-5-1999, their cases are not being considered for promotion by the State authorities without any rhyme or reason.5. Learned Counsel appearing on behalf of the...
Tag this Judgment!Most. Monarma Devi Vs. the State of Bihar and ors.
Court: Patna
Decided on: Sep-25-2001
Shiva Kirti Singh, J.1. Heard the parties.2. The issue involved in this case is whether the petitioner who was the only widow entitled for family pension when the employee died during retirement will be entitled for half of the family pension or full family pension amount.3. According to stand taken by State of Bihar on the basis of letter of Accountant General Bihar to the Treasury Officer, Patna, contained in Annexure-4 since the deceased employee had two wives, therefore, notionally the first wife was entitled for half of the family pension and since the first wife died issueless hence her notional share in family pension will revert to the State of Bihar and will not be available to the other widow or issue of the deceased employee from the second widow.4. The aforesaid stand of the State of Bihar is not based on any provisions of law. Factually also since at the time of death of the deceased employee the petitioner was the only widow with children it was not the case of two widow...
Tag this Judgment!Smt. Chintamani Sinha Vs. the State and ors.
Court: Patna
Decided on: Sep-24-2001
Chandramauli Kumar Prasad, J.1. The petitioner is a widow of one Balmukund Sinha, who was an Executive Engineer working in the Road Construction Department of the Stale Government. He died on 29-4-98 while in service. The petitioner filed C.W.J.C. No. 9237/98 (Smt. Chintamani Sinha v. State of Bihar and Ors.) inter alia praying for a writ in the nature of mandamus, commanding the authority to pay her the arrear of salary of her husband and retrial benefits on account of services rendered by her late husband.2. The writ application came up for consideration before this Court on 5-1 -1999. Taking note of the fact that the petitioner had filed representation for the reliefs claimed in the writ application, this Court disposed of the writ application with the following directions:I, accordingly, dispose of this writ petition with a direction to respondent No. 1, the Commissioner and Secretary, Road Construction Department, Government of Bihar, Patna, to decide the pending representation o...
Tag this Judgment!Alam @ Alam Gir @ Lulha and ors. Vs. the State of Bihar
Court: Patna
Decided on: Sep-21-2001
B.N.P. Singh, J.1. All these appeals arise out of the same judgment of the trial Court passed in Sessions Trial No. 3 of 1999/98 of 1999 and hence they have been heard together and are being disposed of by this common judgment.2. In broad day light of 23rd June, 1997 at about 13 p.m. shortly after rain was over and employees of Bank of India, Kendui Branch, Gaya, were working in the Bank, three unidentified persons came near the counter when Branch Manager of the Bank made inquiries from them about object which had brought them and it was alleged that they stated to have visited the Bank to seek some information about securing loan from the Bank. Shortly thereafter, three more unidentified persons came in the Bank and placed pistol on the chest of the Branch Manager and also Shri Chandrika Prasad Singh, Cashier of the Bank and other employees of the Bank, namely, Shri Krishna Gopal and Shri Mohan Ram, who were on duty and it was alleged that the unidentified miscreants having coerced ...
Tag this Judgment!National Insurance Co. Ltd. Vs. Matiur Rahman and ors.
Court: Patna
Decided on: Sep-21-2001
Someshwar Nath Pathak, J. 1. This miscellaneous appeal is directed against the award passed by the 10th Additional District Judge-cum-Claims Tribunal in Claim Case No. 24 of 1991. The judgment was rendered on 6.9.1996 whereby the respondent No. 1 of this miscellaneous appeal Matiur Rahman was granted a compensation amount of Rs. 1,65,000 along with interest at the rate of 12 per cent from the date of filing of the petition. The insurance company is the appellant here. 2. The insurance company appellant challenged the principles on the basis of which the quantum of compensation was fixed in favour of the injured Matiur Rahman. It was submitted by the appellant's lawyer that the principles of calculation of the compensation amount to an injured have been laid down under Second Schedule to the Motor Vehicles (Amendment) Act, 1994. The respondents' lawyer replied that since the alleged accident took place in the year 1991, Motor Vehicles Act, 1988 shall be applicable and the provisions o...
Tag this Judgment!Prakash Kahar and anr. Vs. the State of Bihar
Court: Patna
Decided on: Sep-21-2001
P.N. Yadav, J.1. Cr. Appeal No. 210 of 1990 filed on behalf of Prakash Kahar and Cr. Appeal No. 234 of 1990 filed on behalf of Shailendra Kahar @ Kaua arise out of one and the same judgment and order dated 24-5-1990 passed by Shri B.N. Sinha, VIIth Additional Sessions Judge, Nalanda at Bihar sharif and similar question of law and facts are involved in both the appeals and hence they have been heard together and are going to be disposed of by this common order.2. The appellants and one Aley Hussain, who is not appellant here, were convicted under Sections 395 and 412 of the Indian Penal Code hereinafter to be referred to as the Code and they were sentenced to undergo rigorous imprisonment for ten years each under Section 395 of the Code, no sentence having been awarded under Section 412 of the Code.3. It would be relevant and convenient to re-produce in brief the facts of the case. The informant Satya Narayan Jaiswal (P.W. 5) was at about 11.50 a.m. on 23-1-1989 along with his salesman...
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