Patna Court January 2002 Judgments
Kamalnath Jha and anr. Vs. State of Bihar and ors.
Court: Patna
Decided on: Jan-28-2002
Aftab Alam, J.1. The two petitioners are placed in a position where they truly seem to be neither here nor there. The Government declined to recall their services in pursuance of their exercise of option for reverting back to employment under the Government. In the eyes of law, therefore, they would be deemed to continue in the service of the Rajendra Agricultural University but the University Retired them from service on attaining the age of 58 years (being the age of retirement for Government employees) even though the age of retirement for the University employees is 60 years.2. The two petitioners were appointed in the year 1962 as Laboratory Assistant in the Soil Survey Scheme of Bihar Agriculture College, Sabaur, Bhagalpur which was at that time under the Department of Agriculture & Animal Husbandry, Government of Bihar. The petitioners were working as temporary Government employees when the Rajendra Agricultural University Ordinance, 1971 (Ordinance No. 6 of 1971)(Replaced by t...
Tag this Judgment!Awadh NaraIn Singh Vs. State of Bihar and ors.
Court: Patna
Decided on: Jan-25-2002
Nagendra Rai and Chandramauli Kr. Prasad, JJ.1. Petitioner was enrolled as Home Guard on 2-11 -1961 in accordance with the provisions of Bihar Home Guard Rules, 1952. Later on, he was designated as permanent staff of Home Guard on the post of Havildar Instructor. Petitioner had already passed the Secondary School Examination, conducted by Bihar School Examination Board prior to his enrolment as Home Guard on 2-11-1961, and in the certificate, his death of birth has been shown as 3-1-1945. This date of birth was recorded in the service book, when he became permanent staff of the Home Guard as Havildar Instructor. A show cause notice dated 15-3-1999 was issued to the petitioner alleging that he was enrolled as Home Guard on 2-11-1961 and for such enrolment, minimum age prescribed is 19 years and on that count, his date of birth should be not later than 2-11 -1942. However, he got his date of birth recorded as 3-1 -1945. Petitioner filed his show cause and on consideration of the same, ...
Tag this Judgment!Lalit NaraIn Mithila University and ors. Vs. the Board of Directors of ...
Court: Patna
Decided on: Jan-25-2002
Chandramauli Kr. Prasad, J.1. Lalit Narain Mithila University, being aggrieved by the direction of this Court dated 5-9-2001 passed in C.W.J.C. No. 5428 of 2001, whereby it had directed the appellants to hold all pending examinations of the students who had taken admission in the College concerned when the College had valid affiliation/recognition under the Statute and to publish their results, has preferred this appeal under Clause 10 of the Letters Patent of the Court.2. In view of the order which I propose to pass in this appeal, I deem it inexpedient to give in details the facts of the case. Suffice it to say that respondent No. 1, i.e. the Board of Directors of Sarjug Dental College and Hospital filed C. W. J.C. No. 6428 of 2001, inter alia, praying for issuance of a writ in the nature of mandamus directing the appellants-University, and its officers to hold all examinations of the students of the petitioner-College and to publish results thereof. Its further prayer was to quash...
Tag this Judgment!Anil Kumar and ors. Vs. Smt. Vijay Devi and ors.
Court: Patna
Decided on: Jan-25-2002
S.K. Katriar, J.1. This application under Order47 C.P.C has been filed for review of the judgment dated 17-7-1997, passed by a learned single Judge of this Court in MJC No. 746 of 1992(Smt. Vijay Devi v. S.NP. Srivastava and Ors.), whereby Title (Partition) Suit No. 151 of 1991 (Radha Prasad v. Kapildeo Narain and Ors.) was directed to be transferred from the Court of learned Sub-ordinate Judge-IV, Siwan, to the Civil Court, Patna, to be tried by a Court of competent jurisdiction to be assigned by the learned District Judge, Patna.2. The suit had been instituted by Radha Prasad (deceased) for partition of the suit property. Smt Vijay Devi, wife of the said Kapildeo Narain, is one of the defendants in the suit who filed the said MJC No. 746 of 1992 in this Court under Section 24 read with Section 151 CPC to transfer the same from the Siwan Court to Patna Court, inter alia, on the ground that Radha Prasad, the plaintiff, was a leading lawyer at Siwan and, therefore, lawyers of the choi...
Tag this Judgment!Surendra Sharma and ors. Vs. State of Bihar and ors.
Court: Patna
Decided on: Jan-25-2002
1. Messrs Surendra Sharma, Umesh Prasad Singh alias Umesh Kumar Singh and Sanjay Kumar, all of the district Patna but of villages Manjhauli, Sultha and Pasahl, have sought this writ petition under the High Court prerogative writ jurisdiction seeking a relief, in effect, that instructions which have been Issued by the State by its Letter No. 5107 dated 6 December 2001 by the Department of Food and Civil Supplies be declared as ultra vires as it violates the fundamental rights in reference to Articles 14, 19 and 21 of the Constitution of India. 2. What aggrieves the petitioner is a policy of the State Government that if there are kinsmen and relatives of a person who may be a member of a Panchayat, a Sarpanch or a Mukhiya, and these close relatives be running a licenced shop dealing with commodities which come under the public distribution system, then such licences be recalled or cancelled. 3. The petitioners are under the impression that the permission or the license to sell essent...
Tag this Judgment!Md. Abdullah Khan and ors. Vs. State of Bihar and anr.
Court: Patna
Decided on: Jan-24-2002
1. In this application filed under Section 482 of the Code of Criminal Procedure, prayer made by the petitioners is to quash the order dated 10-4-2001 passed by the Judicial Magistrate, Ist Class, Bettiah in Complaint Case No. 1434 (C) /2000 (Trial No. 1540 of 2001), whereby the learned Magistrate, having found that a prima facie case under Sections 302, 201/34 of the Indian Penal Code has been made out, directed for issuance of process.2. Bereft of unnecessary details, facts giving rise to the present application, is that the complainant O.P. No. 2 Maqbool Ahmad, filed a petition of complaint in the Court or the Chief Judicial Magistrate, Bettiah for proceeding against the petitioners for commission of offence under Section 302/34 of the Indian Penal Code. The Chief Judicial Magistrate perused the complaint petition and after hearing the counsel for the complainant, by order dated 11-9-2000, made over the case to another magistrate for disposal in accordance with law, in exercise of ...
Tag this Judgment!Suresh Chandra Sinha and ors. Vs. the State of Bihar and ors.
Court: Patna
Decided on: Jan-24-2002
R.S. Garg, J.1. Heard Mr. Ram Balak Mahto, in C.W.J.C. No. 1210 of 2002 and Mr. Vinod Kumar Kanth in C.W.J.C. No. 1216 of 2002 and Mr. Ashok Kumar Singh, Special P.P. for the State Government.2. This order shall decide the above referred two petitions as the writ petitions raise common question of law.3. Counsel for the petitioners submit that the State Government had published notification dated 23rd March, 2001 in exercise of the powers conferred by Section 15 of the Mines and Minerals (Regulation and Development) Act, 1957 amending Bihar Minor Mineral Concession Rules, 1972. According to them Rule 9-A required the Government to lease out of settle any mineral by public auction/tender as prescribed under Rule 52 after issuing a notification in the official gazette. According to them Annexure-2 is the notification prescribing for the stone quarries. It is further contended that Rule 52(1)(ii) clearly provide that the date of auction shall be notified before one month from the date o...
Tag this Judgment!National Insurance Co. Ltd. Vs. Khantaria Devi and anr.
Court: Patna
Decided on: Jan-24-2002
Someshwar Nath Pathak, J.1. This appeal is directed against the order dated 23rd/24th November, 1997, passed by the Additional District Judge-cum-Claims Tribunal, Khagaria, in Case No. 8 of 1997, whereby the Court granted interim compensation of Rs. 25,000/- under Section 140 of the Motor Vehicles Act, 1988. National Insurance Co. Ltd. is the appellant here.2. It was submitted by the appellant that the alleged accident took place on 3rd January, 1990 in which Harilal died in a motor accident and thereafter the claimant filed the aforesaid case and the order for grant of interim compensation of Rs. 25,000/- was passed. The main objection to the impugned order taken by the appellant is that the claim application was time-barred. Moreover, the insurance policy of the concerned vehicle had lapsed before the filing of the claim case. Therefore, the Insurance Company was not liable to pay any amount of compensation, much less the interim compensation, although the owner was very much liabl...
Tag this Judgment!Man Singh Vs. State of Bihar
Court: Patna
Decided on: Jan-24-2002
Someshwar Nath Pathak, J. 1. This revision is directed against the judgment passed by Sri R.P. Sharma, IVth, Additional Sessions Judge, Samastipur, in Cr. Appeal No. 163/98 confirming the judgment of the trial Court dated 25-11-1998 passed by Sri R.P. Yadav, Judicial Magistrate, 1st Class (Railway), Samastipur, in Trial No. 38/98. The revisionist was convicted under Section 3 of the Railway Property (Unlawful Possession) Act and he was sentenced to pay a fine of Rs. 1000/- and in default to undergo S.I. for six months.2. As alleged, one Ram Deo Rai was caught at the railway workshop on 2-5-1987 at 10.45 while lifting two bundles which contained scraps used in repairing wagons. Ram Deo Rai was arrested by the R.P.F. personnel and during the course of enquiry by the R.P.F. Ram Deo Rai made his confession (Ext. 4), on the basis of which the revisionist was implicated in this case. It is further submitted that this confessional statement should not have been used as evidence for convict...
Tag this Judgment!Dr. Madan Mohan Singh Yadav Vs. State of Bihar ors.
Court: Patna
Decided on: Jan-24-2002
Aftab Alam, J.1. The action of one of the Departments of the Government brings it into conflict with another Government Department on the issue of control and jurisdiction of the respective Departments. But it is an individual Government employee, a citizen of this country who is made to suffer as the result of the conflict.2. The petitioner is a member of the Bihar Health Service. He was posted as Medical Officer at the Addl. Primary Health Centre, Barun in the District of Aurangabad. On the directions given by this Court in CWJC No. 4036 of 1999, the Health Department of the Government undertook an exercise to transfer all medical officers who as on 30-6-2000 were posted in the same district for eight years or more. In that connection, the Addl. Secretary in the Department of Health issued notification under his Memo No. 2/72-2-44/2000,530(2)/Health, dated 14-11-2000 (Annexure-1). By this notification a large number of doctors were shifted from one place to another. The name of the ...
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