Patna Court August 2002 Judgments
Gita Devi and anr. Vs. the Deputy General Manager, Allahabad Bank and ...
Court: Patna
Decided on: Aug-23-2002
1. This writ petition has been filed seeking direction upon the respondent Allahabad Bank to appoint Petitioner No. 2 Rajesh Kumar on compassionate ground on the death of his father late Karambir Prasad while in employment of the Bank as Armed Security Guard at Katrasgarh Branch of the Bank.2. A preliminary objection has been taken on behalf of the respondents as to maintainability of the writ petition on the around of territorial jurisdiction. It has been submitted that Katrasgarh Branch in the district of Dhanbad lies within the territorial jurisdiction of the Jharkhand High Court and as no part of cause of action has arisen within the territorial jurisdiction of this Court, the writ petition is not maintainable. On behalf of the petitioners it has been submitted that they are residents of village Hasanpur Surat in the district of Samastipur within the jurisdiction of this Court, they entered into correspondence with the Bank for compassionate appointment from there and the decision...
Tag this Judgment!Sri Krishna Chandra Verma and ors. Vs. the State of Bihar and ors.
Court: Patna
Decided on: Aug-21-2002
R.S. Garg, J.1. Heard (earned Counsel for the petitioners, earned Counsel for the Housing Board and earned Counsel for the State.2. The tragedy of the present petition is that the State Government created an organisation in the found hope with a laudable object that the citizens of the State would have some place to stay and would have a small house wherein they can reside treating it to be a castle, Unfortunately after delivering the baby the State Government sent it to an orphanage, the orphan in stead of proving to expectations of the State Government is behaving in a very nasty manner and is not proving responsible to its public duty and answerable to any cause for which it was created. The Housing Board allured the people by saying that on payment of certain amount, a plot, a parcel of land or a flat or something of that sort would be given to them. The public at large relied upon the assurances, after cutting their bread they saved money and paid it to the Housing Board under th...
Tag this Judgment!Dhrub Prasad and anr. Vs. the State of Bihar and ors.
Court: Patna
Decided on: Aug-20-2002
Shashank Kumar Singh, J.1. The petitioners, who are Assistant Engineers in the Road Construction Department having been appointed in the year 1985, have moved this Court for a direction to the respondent-Secretary, Road Construction Department that in view of the fact that their names have been cleared by the Vigilance Department, their names should also be sent to Departmental Promotion Committee for consideration while considering the other names for empanelment for promotion to the post of Executive Engineer.2. The contention on behalf of the petitioners is that in another Writ application bearing C.W.J.C. No 1817/2002, which was filed by one Mithlesh Kumar & others, who were appointees of the year 1991 a counter affidavit had been preferred by the State in which it was accepted that there were 128 Vacancies as on 13.10.2001. In view of the same a letter from the department has been sent to Vigilance Commissioner along with the name of 128 persons for vigilance clearance to enable ...
Tag this Judgment!NaraIn Sahni and ors. Vs. the State of Bihar
Court: Patna
Decided on: Aug-20-2002
Indu Prabha Singh, J.1. The appellant No. 1, Narayan Sahani, 2, Bhikhar Sahani, 3, Janki Sahani, they all have been convicted under Sections 148, 379 and 307 of the Indian Penal Code (short the IPC) and they were sentenced to undergo rigorous imprisonment for ten years under Section 307, IPC and one year under Sections 379, IPC and six months under Section 148, IPC. The appellant 4 Jung Bahadur Sahani and 5, Sukhal Sahani, they were convicted under Sections 307,147 and 323 of the IPC and were sentenced to undergo rigorous imprisonment for ten years under Section 307, IPC three months under Section 323 and six months under Section 379, IPC. However, all the sentences were ordered to run concurrently.2. The prosecution case in short is that the informant gave his fardbeyan at Chakiya State Dispensary on 20.2.1982 at 12.30 hours before the police alleging inter alia, that on 19.2.1982, he had gone to sugar-cane field situated at Bara Sareh at 4 p.m. He saw all the accused persons were ma...
Tag this Judgment!Sanju Sinha Vs. Vice-chairman, Prda and ors.
Court: Patna
Decided on: Aug-16-2002
1. This letters patent appeal has been filed against the order of 4 July, 2000 passed by a learned Judge on CWJC No. 735 of 2002 : Sanju Sinha v. The Vice-Chairman, PRD, and Others. 2. The petitioner was applying for an accommodation. One of the requisites for making the application was that the application should be accompanied by a Bank Draft. Rightly or wrongly the petitioner's application was accompanied by a Banker's Cheque. 3. As the stipulation for making an allotment was by a Bank Draft, the petitioner's application was rejected because it was accompanied by a Banker's Cheque not a Bank Draft. 4. While the petitioner's application was rejected because it was technically defective the next person was taken in on a first come first serve basis. The petitioner found himself aggrieved that he was left out for an allotment. He filed a writ petition. On the writ application the learned Judge has given a reasoned order relying on certain Sections of the Negotiable Instruments Act, 1...
Tag this Judgment!Bihar State Electricity Board Vs. P.O., Labour Court and ors.
Court: Patna
Decided on: Aug-14-2002
Ashok Kumar Verma, J. 1. This appeal has been filed against the order dated April 2, 1993 passed by the Presiding Officer, Labour Court, Patna in E.S.I. Case No. 8 of 1987, whereby the learned Presiding Officer had dismissed the application of the petitioner-appellant. According to the appellant the Court below has committed error in law.2. A counter-affidavit has been filed on behalf of respondent No. 2, Regional Director, E.S.I. Corporation, Patna. According to the counter-affidavit, Annexure-1 is not a notice but order dated March 8, 1978 passed by the Regional Director, Employees' State Insurance Corporation, whereby he had levied damage of Rs. 26,450/- under Section 85-B of the Act for delayed payment of contribution.3. The petitioner Bihar State Electricity Board through its Chairman had filed the petition before the Presiding Officer, Labour Court, Patna bearing E.S.I. Case No. 8 of 1987 for recall of the notice dated March 8, 1978, which is Annexure-1 of the petition and to r...
Tag this Judgment!Akhtar Alam Vs. B.N. Mandal University and ors.
Court: Patna
Decided on: Aug-13-2002
Chandramauli Kr. Prasad, J.1. In this application, prayer made by the petitioner is to issue a writ in the nature of mandamus commanding the respondents to issue marks sheet as also the certificate of B.A. Geography (Hones) examination.2. Shorn of unnecessary details facts giving rise to the present application are that the petitioner appeared in B.A. Part I examination and was promoted to the B.A. Part II course as he had failed in English subsidiary paper. Thereafter, petitioner appeared in B.A. Part II examination which commenced on 16.6.1997 and passed in all the subjects excepting English paper. He appeared in the English paper of B.A. Part II examination, which commenced on 5.1.1998 and passed the said examination. Thereafter, he appeared in BA Part III examination as also in English paper of B.A. Part I examination which commenced on 8.6.1998. It is his assertion that although he had passed in B.A. Part I English paper and B.A. Part III examination, but his result has not been ...
Tag this Judgment!Premlata Gupta Vs. State of Bihar and ors.
Court: Patna
Decided on: Aug-13-2002
1. By this petition the petitioner seeks a writ, order and direction in the nature of certiorarl quashing the orders dated 19-6-2002/21-6-2002 passed by the learned Member, Board of Revenue in Revision Case No. 57/2002, the order dated 18-3-2002 passed by the Excise Commissioner in Case No. 16/2002 and the order No. 1180 dated 27-3-2002 under which the Collector/District Magistrate, Begusarai was informed by the Secretary to the Excise Commissioner that an additional licence for IMFL (wholesale) has been sanctioned for Begusarai.2. The faqts in nutshell are that the petitioner's husband late Anil Kumar Gupta obtained a wholesale licence to deal in foreign liquor in the year 1984. After the death of the husband, the petitioner obtained the said licence and thereafter continued to hold the same for these years. According to the petitioner, the Excise Superintendent, Begusarai prepared a list of different categories of excise licence to be settled and sent a proposal to the Collector, B...
Tag this Judgment!The State of Bihar Vs. Kare Singh
Court: Patna
Decided on: Aug-13-2002
Sachchidanand Jha, J.1. 7th February 1997 was a very unfortunate day for Suresh Singh of Village Ramdiri P.S. Matihani District Begusarai, his informant-brother Ram Balak Singh and other family members when Dananjay Kumar Singh, 11 year old son of Suresh Singh, fell victim to assassin's bullet at 12.30 p.m. Only twelve days ago on 27th January 1997, the elder son of Suresh Singh named Sanjay Singh had been killed allegedly by the appellant. According to the prosecution the appellant had given a threat that he would not allow Shradh of Sanjay Singh to be performed. 7th February 1997 was the day when the final rites in connection with Shradh were being performed.2. The appellant has been convicted for committing the murder of Dhananjay Singh. He was earlier convicted for the murder of Sanjay Singh too. In the present case he has been awarded death sentence.3. The case of the prosecution is that preparations were afoot for the village feast in connection with the Shradh ceremony and Dhan...
Tag this Judgment!Mohan Rai and ors. Vs. State of Bihar
Court: Patna
Decided on: Aug-12-2002
S.N. Jha, J.1. There are 22 appellants in these two appeals 15 in Cr. Appeal 268/87 and 7 in Cr. Appeal 267/87. All of them have been convicted under Section 302/149, Indian Penal Code and sentenced to rigorous imprisonment for life, and further convicted under Section 427 of the Penal Code and sentenced to rigorous imprisonment for two years. Except appellants Nos. 8, 9, 10, 11, 12 and 15 of Cr. Appeal No. 268/87 who have been convicted under Section 147 of the Penal Code and sentenced to rigorous imprisonment for one year, other appellants have been convicted under Section 148 of the Penal and sentenced to rigorous imprisonment for two years.2. It may be stated here that appellant No. 6 of Cr. Appeal No. 268/87, namely, Balmiki Rai and appellant Nos. 2 and 3 of Cr. Appeal No. 267/87, namely, Dwarika Rai and Kalidas Rai are reported to have died during pendency of these appellants and accordingly the appeals were heard on behalf of the rest of the appellants alone.3. The prosecution ...
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