Patna Court August 2002 Judgments
Ganesh Prasad Sinha Vs. Bihar State Electricity Board and ors.
Court: Patna
Decided on: Aug-12-2002
Sachchidanand Jha, J.1. This writ petition on behalf of the sole petitioner has been filed seeking direction upon the respondents to treat 9th September 1980 as the date of his regular promotion on the post of Assistant Executive Engineer and, accordingly, determine his seniority.2. The case of the petitioner so far as relevant to the dispute, shortly stated, is that after completing the Kalawadhi of eight years in 1977 he was due for promotion on the post of Assistant Executive Engineer. In 1980 the post of Assistant Executive Engineer fell vacant at Jakkanpur Grid Maintenance Sub-Division after transfer of the incumbent. The charge of the post however, was given to one Ambika Prasad who was much junior to him. The petitioner made representation to the General Manager on 18.7.1980. On 9.9.1980 he was appointed as Assistant Executive Engineer on officiating basis at the Grid Maintenance Sub-Division, Jakkanpur till posting of a substitute. He continued as such for three years. On 27.5...
Tag this Judgment!Ram Sewak Singh Vs. the State of Bihar and ors.
Court: Patna
Decided on: Aug-12-2002
S.N. Jha and T.P. Singh, JJ.1. The petitioner seeks quashing of his detention under Section 12(2) of the Bihar Control of Crimes Act, 1981 (in short 'the Act') and the consequential orders approving and later affirming the detention.2. Since in our opinion this writ petition is fit to succeed on a solitary point, namely, delay in disposal of the representation only facts relevant to the point may be stated.3. The petitioner was detained by the District Magistrate, Samastipur vide order as contained in Annexure-1 on 22.10.2001. The order of detention as well as the grounds thereof was served upon him in jail on 29.10.2001. The detention was approved by the State Government under Section 12(3) of the Act on 31.10.2001 and, later, confirmed under Section 21(1) read with Section 22 of the Act on 13.122001. In between, he had made representation against his detention on 11.11.2001. From the affidavits of the respondents it appears that the representation was sent to the Deputy Secretary (H...
Tag this Judgment!Awadhesh Kumar Vs. the State of Bihar and ors.
Court: Patna
Decided on: Aug-12-2002
R.S. Garg, J.1. Heard earned Counsel for the parties.2. In the matter of private complaint the learned Magistrate passed an order under Section 156 of the Code of Criminal Procedure and required the police to investigate into the offence and submit the charge-sheet. Accordingly the charge-sheet was submitted and the accused was summoned. The Court took cognizance of the matter and thereafter, proceeded further with the matter. Charges were levelled against the accused on 27.1.1997. The first witness for the prosecution was examined on 18.2.1997. Bailable warrants were issued against the witnesses on 21.21.1998 and since thereafter, nothing was done in the matter. The accused although was in attendance but unfortunately the trial Court took an approach of apathy and did not proceed further. It appears that on 6.5.2000 the Investigating Officer made an application under Section 173(8) of the Code of Criminal Procedure seeking the permission of the Court and requiring a mandate against t...
Tag this Judgment!Sanjeev Lal and ors. Vs. the Union of India (Uoi) and ors.
Court: Patna
Decided on: Aug-09-2002
R.N. Prasad, J.1. The petitioners are students of Budha Institute of Dental Science and Hospital, Patna. They have filed the writ petition for issue of direction to the respondents to hold examination of Master of Dental Surgery, hereinafter, referred to MDS for brevity, of the students for the session 1997-2000 who have already completed the course and are eligible for the examination and also for direction to published the result of the said examination.2. The relevant facts of the case are that petitioners passed Bachelor of Dental Surgery (BDS) from different Universities. Pursuant to the admission notice published by the Budha Institute of Dental Science and Hospital, respondent No. 5, they took admission in MDS course in the year 1997 for the session 1997-2000. They completed the course from the Institution, respondent No. 5, which is affiliated to the Magadh University, respondent No. 3. Respondent No. 5 was granted permission by the Dental Council of India, hereinafter, referr...
Tag this Judgment!Paras Nath Rai and ors. Vs. the State of Bihar and ors.
Court: Patna
Decided on: Aug-09-2002
S.K. Katriar, J.1. This writ petition is directed against the order dated 17.12.1999 (Annexure-1), passed by the learned Director of Consolidation, Bihar, Patna, in Revision Case No. 151 of 1978, Revision Case No. 15 of 1975, and Revision Case No. 624 of 1977, whereby he has dismissed the three revision applications preferred by the present petitioners, and has held that respondent No. 5 herein Umrawati Devi) is the daughter of Dhyani Rai, and not that of Anant Rai. He has so concluded on the basis of the finding to that effect recorded in the judgment of the Civil Court In Title Suit No. 123 of 1963, and after noticing the notification dated 2.11.1993 (Annexure-A to the counter-affidavit of respondent No, 5) under Section 4-A of the Bihar Consolidation of Holdings and Prevention of Fragmentation Act (hereinafter referred to as 'the Act'). The revisional Court has affirmed the appellate order dated 10.3.1975 (Annexure-4), passed by the learned Deputy Director of Consolidation, Bhojpur...
Tag this Judgment!Bisho Mistry Vs. the State of Bihar
Court: Patna
Decided on: Aug-08-2002
Manohar Lal Visa, J.1. Bisho Mistry, the sole appellant in this appeal before us has challenged the judgment and order dated 24.7.1997 passed by IIIrd Additional Sessions Judge, Purnia in Sessions Trial No. 227 of 1993/92 of 1997 convicting and sentencing him to undergo rigorous imprisonment for life under Section 302, Indian Penal Code.2. The prosecution case, as stated in the written statement of informant, Sugai Mistry (P.W. 6) is that on 29.11.1992 in the evening when he was working in his field, his niece Rita Kumari (P.W. 3) came running there and informed him that appellant had assaulted her grandfather Latkan Mistry (deceased) with sickle on his neck and he was floundering and blood, in sufficient quantity, was oozing out. On this information, informant came to his house and found that his father was smeared with blood and was floundering at the Darwaza of the house and he had sickle injuries on his neck. The informant further stated that a fortnight ago, the appellant, who ha...
Tag this Judgment!Vishnu Suger Mills and ors. Vs. the State of Bihar and ors.
Court: Patna
Decided on: Aug-07-2002
P.K. Deb, J.1. In all these writ petitions the notification issued by the State of Bihar through the Secretary, Sugar-can Development Department regarding fixing 2% fee on the actual price paid per quintal of sugar cane under Section 48(1) of the Bihar Sugar Cane (Regulations of Supply and Purchase) Act, 1981 being amended by Act No. 11 of 1994 has been challenged.2. The petitioners are the existing companies within the meaning of Indian Companies Act, 1956 having its sugar factories in the district of Gopalganj within the State of Bihar. Their business is of manufacture and sale of sugar for which raw materials grown in the agricultural fields of the State are being purchased through the Co-opprative Societies. The subject of sugarcane is governed by the State enactments came in the year 1981 as Bihar Sugarcane (Regulation of Supply & , Purchase) .Act, 1981. The supply of sugarcane to the factories are being regulated by the State machinery as per the Act itself. The factories are to...
Tag this Judgment!Sarju Sah and ors. Vs. Ram Pati Mallah and ors.
Court: Patna
Decided on: Aug-07-2002
Ashok Kumar Verms, J.1. The plaintiffs appellants have filed this appeal against the judgment and decree, dated 19.7.1988, passed by Subordinate Judge, I, Bhabhua, in Title Appeal No. 8 of 1984, whereby the learned Subordinate Judge had dismissed the title appeal filed by the plaintiffs appellants. The plaintiffs had filed Title Appeal No. 8 of 1984 against the judgment and decree passed in Title Suit No. 10 of 1983 by the Munsif, Bhabhua, whereby the learned Munsif had dismissed the Title Suit of the plaintiffs which was for eviction of the defendants from the premises in suit and for recovery of possession of the house.2. According to the appellants the judgment and decree passed by the Court below are bad in law and facts and the Court below did not consider Exhibit '3' the registered sale-deed on the basis of which the plaintiffs have derived right, title and interest over the suit premises.3. In short, the case of the plaintiffs appellants is that Sahdeo Mallah father of Defendan...
Tag this Judgment!Raj Kumar Choudhary Vs. State of Bihar and ors.
Court: Patna
Decided on: Aug-06-2002
R.S. Garg, J.1. By this petition under Article 226 of the Constitution of India, the petitioner prays for award of suitable compensation for his wrongful detention in execution of a warrant which was meant for another person but the petitioner was arrested and detained.2. The facts in nutshell are that in Excise Case No. 24/99 one Rajo Choudhary S/o. Late Sukar Chaudhary was shown as an accused. According to the petitioner, Rajo Chaudhary is the nick name of Rajendra Chaudhary who happens to be the real brother of the petitioner Raj Kumar Chaudhary. In the said case non-bailable warrant was issued against Rajo Chaudhary. The petitioner says and submits that this father Sukar Chaudhary has five sons, namely, Munshi Chaudhary, Mathura Chaudhary, Raj Kumar Chaudhary (the petitioner), Rajendra Chaudhary @ Rajo Chaudhary (against whom the non-bailable warrant was issued) and Chando Chaudhary. Accordingly to the petitioner in execution of the warrant issued by the trial Court, the responden...
Tag this Judgment!Nawab Ali Vs. Reyaz Ahmed and ors.
Court: Patna
Decided on: Aug-06-2002
Ashok Kumar Verma, J.1. This miscellaneous appeal has been filed against the order, dated 24.7.1998, passed by Subordinate Judge, I, Gopalganj, in final decree No. 12 of 1961, whereby the learned Subordinate Judge has directed both the parties to maintain status quo till final preparation of another final decree. According to the appellant, the Court below has not considered that once a final decree was prepared it could not have taken step for preparation of another final decree on the basis of application filed by one of the defendants which will be an unending process of creating instability among the parties to the suit. The number of plot has not been mentioned in the petition over which construction was sought to be made.2. Plaintiff Bibi Khatoon had filed Title Suit No. 12 of 1961 for partition of her share in the suit property. By the judgment dated 22.4.1964, passed by the learned Additional Subordinate Judge, I, Chapra, Title Suit No. 12 of 1961/17 of 1964 was decreed on con...
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