Patna Court July 2002 Judgments
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Manju Kumari and ors. Vs. the State of Bihar and ors.
Court: Patna
Decided on: Jul-15-2002
S.N. Jha, J.1. The dispute in this batch of writ petitions relates to appointment of Auxiliary Nurses and Midwives (ANM). The dispute precisely is whether appointment should be made as per the procedure existing prior to 10.6.1996 or on the basis of the written examination etc. as prescribed by resolution dated 10.6.1996. The case of the petitioners is that as the vacancies in question are of the earlier period they should be filled as per the old procedure and not on the basis of the competitive examination.2. The cases came up earlier before one of us (S.N. Jha, J.) sitting singly, in course of hearing in support of the contention on behalf of the petitioners reliance was placed on orders in which direction was issued to fill the vacancies in accordance with the old procedure. The Court expressed reservation about the correctness of the orders but as sitting singly different order could not be passed, by order dated 1.3.2002 the cases were referred to Division Bench and that is how ...
Manvendra NaraIn Agrawal Vs. the Bihar State Electricity Board and ors ...
Court: Patna
Decided on: Jul-11-2002
Aftab Alam, J.1. Heard Mr. Navniti Prasad Singh, learned Counsel appearing in support of the writ petition and Mr. Vinay Kirti Singh, learned Counsel for the Board.2. In this case the Board seems to have acted with gross irregularity as a result of which the petitioner who is a domestic consumer with a load of 1 KW was subjected to great harassment. The meter installed at the residence of the petitioner went out of order and the Board started billing him on an average of 113 units per month. According to the petitioner, the Board had taken a very high figure for average billing and the actual consumption of the petitioner was much lower. As a result of the average billing outstanding dues against the petitioner amounted to around Rs. 5000/- by February, 1997. At that stage being threatened with the disconnection of line he made an ad-hoc payment of Rs. 3000/-. He also purchased a meter at his own cost and after it was passed by the Board, the meter was installed on 8.3.1997. Notwithst...
Kamta Singh and ors. Vs. the State of Bihar
Court: Patna
Decided on: Jul-11-2002
B.N.P. Singh, J.1. In the intervening nights of 13th/14th of January, 1984 while the family members were fast asleep, the unidentified miscreants gained their, access in inner apartment of the house, on breaking door planks and having coerced the house inmates, not only relieved the female members of their ornaments but also removed from the house, a number of household articles which include radios, cycle, watches, blankets, utensils, wearing apparels and also ornaments, and made good their escape.2. The prosecution was launched on behest of Shiv Shankar Singh, one of the house inmates, and as usual, the investigation commenced, during which the police officer entrusted with onerous task of carrying out investigation, visited the place of occurrence, recorded statement of witnesses, effected recovery of part of booty from the house of Gaya Kurmi, put the suspects on test identification parade, and on conclusion of investigation laid charge-sheet before the Court.3. In the eventual tr...
Smt. Indira Sinha and anr. Vs. the State of Bihar and anr.
Court: Patna
Decided on: Jul-10-2002
R.S. Garg, J.1. After 144 proceedings were converted into 145 proceedings with an observation by the S.D.M. that the apprehension of breach of peace continues, the present applicants felt aggrieved and came to this Court, inter alia, making complaint that as a civil suit is already filed by applicant No. 1 against the interest of Opp. Party No. 2 the continuation of the criminal proceedings are bad. it is also contended that as the civil suit would decide the title and question of possession of the parties, the Magistrate should not be allowed to interfere in the matter under some recourse. Placing reliance upon some of the judgments it was further contended that when the civil proceedings have already been initiated by one of the parties then initiation or continuance of criminal proceedings under Section 145, Cr.P.C. would be contrary to law.2. From the order, dated 16.6.2000 it would clearly appear that the learned S.D.M. had recorded a positive finding that the apprehension of bre...
Nathuni Sah Vs. Kashi Nath Mishra and ors.
Court: Patna
Decided on: Jul-10-2002
Ashok Kumar Verma, J.1. The plaintiff appellant has filed this appeal against the judgment and decree passed in Title Appeal No. 49 of 1981 by the Additional District Judge V, Arrah, whereby the learned Additional District Judge had allowed the Title Appeal and set aside the judgment and decree passed by the Subordinate Judge, Buxar in Title Suit No. 65 of 1977. The learned Additional District Judge has also ordered that the plaintiff is entitled to recover Rs. 6,000/-with Interest thereon from the defendant No. 5. The plaintiff appellant had filed the Title Suit for Specific Performance of Contract and in the alternative for recovery of a sum of Rs. 6,000/-from the defendant 2nd party and Rs. 1000/- from defendant first party, which had been decreed by the learned Subordinate Judge with a direction to defendant No. 1 to execute the sale deed in respect of the disputed and in favour of the plaintiff.2. In short the case of the plaintiff appellant is that Raghunath Mishra had died in t...
Ramanuj Pandey and ors. Vs. the State of Bihar and ors.
Court: Patna
Decided on: Jul-09-2002
Aftab Alam, J.1. The petitioners in these two cases are respectively the owners of the truck bearing Registration No. UP-65-H-5025 and the quicklime being carried on the truck which were seized at Tilauthu Check post in the district of Rohtas.2. According to the respondent authorities Tilauthu check post is within Nawadih protected forest. The truck was unauthorisedly and illegally carrying quicklime which is a forest produce and, therefore, both the truck and its consignment were liable to seizure and confiscation under the provisions of the Indian Forest Act, 1927 ('the Act', hereinafter). 3. The case of the 'petitioners is that quicklime is not a forest produce within the meaning of Section 2(4) of the Act and, therefore/the seizure of the quicklime and the truck and the consequent proceedings for the confiscation were illegal and without jurisdiction. Therefore, the question that falls for consideration in this case is whether or not quicklime which is obtained by heating lime sto...
Ramanuj Pandey and ors. and Vs. the State of Bihar and ors.
Court: Patna
Decided on: Jul-09-2002
Aftab Alam, J.1. The petitioners in these two cases are respectively the owners of the truck bearing registration No. UP-65-H-5025 and the quicklime being carried on the truck which were seized at Tilauthu Check post in the district of Rohtas.2. According to the respondent authorities Tilauthu check post is within Nawadih protected forest. The truck was unauthorisedly and illegally carrying quicklime which is a forest produce and, therefore, both the truck and its consignment were liable to seizure and confiscation under the provisions of the Indian Forest Act, 1927 ('the Act', hereinafter).3. The case of the petitioners is that quicklime is not a forest produce within the meaning of Section 2(4) of the Act and, therefore, the seizure of the quicklime and the truck and the consequent proceedings for their confiscation were illegal and with out jurisdiction. Therefore, the question that falls for consideration in this case is whether or not quicklime which is obtained by heating lime s...
Sri Kumar Sharma and ors. Vs. State of Bihar
Court: Patna
Decided on: Jul-08-2002
B.N.P. Singh, J.1. Though appellants along with Mahadeo Singh (deceased) stood charged under Section 307/149 of the Indian Penal Code, the trial Court having found them not guilty on that count rendered verdict of guilt against Mahendra Singh under Sections 324 and 148 of the Indian Penal Code and sentenced him to suffer rigorous imprisonment for a term of two years on the first count, and one year on the second count. The appellant Nos. 2 and 3 suffered conviction under Sections 323 and 147 of the Indian Penal Code and were sentenced to suffer rigorous imprisonment for a term of six months on each score. Appellant No. 4 suffered conviction under Section 147 of the Indian Penal Code simplicitor and was sentenced to suffer rigorous imprisonment for a term of six months with direction that in case of those who suffered sentence on two counts, sentences would run concurrently.2. The salient features of the prosecution case appearing in the fardbeyan of Rajdeo Singh (P.W. 11) and also occ...
Rampati Chaurasia and ors. Vs. the State of Bihar
Court: Patna
Decided on: Jul-05-2002
B.N. P. Singh, J.1. While all the appellants suffered conviction under Section 452 of the Indian Penal Code and were sentenced to suffer rigorous imprisonment for a term of four years, Ram Brat Prasad Chourasia suffered conviction also under Section 323 of the Indian Penal Code and was sentenced to suffer rigorous imprisonment for a term, of three months. Suresh Chourasia, Lakhan Mahto, Ram Pati Chourasia, Awadhesh Chourasia, Hari Chourasia, Schua Chourasia, Naresh Chourasia and Ram Prit Chourasia suffered conviction also under Section 324 of the Indian Penal Code and were sentenced to suffer rigorous imprisonment for three years each, Suresh Chourasia suffered conviction also under Section 27 of the Arms Act but for that, no sentence was shown to have been assigned in the judgment. All the sentences were, however, directed to run concurrently.2. The factual matrix. In the night of 17th April, 1978, it is alleged that while Ram Jatan Chourasia, P.W. 5, was gossipings with his family m...
Sanju Sinha Vs. Vice-chairman, Patna Regional Development Authority an ...
Court: Patna
Decided on: Jul-04-2002
R.S. Garg, J. 1. By this petition under Article 226 of the Constitution of India the petitioner seeks a mandamus against the respondents No. 1 and 2 that they be required to allot Flat No. 305 of Block No. 11/93 situate at P. I. T. Colony, Kankarbagh, Patna belonging to the respondent Patna Regional Development Authority (in short 'the PEDA').2. The facts necessary for disposal of the present petition are that on 15-7-2001 in dainik Jagran, a hindi daily news paper, the respondent PRDA advertised a public notice that on submission of requisite applications flats under the Self Financing Scheme shall be allotted on the principle of 'First Come first Served.' The petitioner submits that in response to the said advertisement (Annexure-1) he purchased the brochure from the PRDA and submitted his duly filled application with a Banker's cheque for a sum of Rs. 15,000/- to the PRDA at 11.10 A. M. According to the petitioner he being the first was entitled to the allotment but the responden...
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