Patna Court January 2003 Judgments
Dr. Ajit Kumar Singh Vs. Rajendra Agricultural University and ors.
Court: Patna
Decided on: Jan-28-2003
R.M. Prasad, J. 1. In this writ petition, the petitioner is aggrieved by the office order dated 25-3-2000 (Annexure 11) issued by the Assistant Comptroller (Fund), Rajendra Agricultural University (hereinafter referred to as 'the University'), whereby sanction for payment of 100% pension has been accorded less Rs. 410/- purporting to be proportionate pension paid by the State Government and 100% gratuity less the gratuity paid from the State Government besides 100% family pension.2. In short, the relevant facts are that the petitioner was initially appointed as a Government servant in the Animal Husbandry Department and after his confirmation, his services were transferred to the University on creation of the University where later he was absorbed in the University service on 1-4-1977 after resigning from the State Government. The petitioner finally retired as Associate Professor-Cum-Senior Scientist (Animal Nutrition), Bihar Veterinary College, Patna on 31-10-1999.3. By office order...
Tag this Judgment!Gauri Shankar Prasad Vs. Union of India (Uoi) and ors.
Court: Patna
Decided on: Jan-28-2003
I.P. Singh, J. 1. The above mentioned criminal miscellaneous cases have been heard together and this order will govern all of them. In all these cases the parties are the same. The parties have been heard on the point of the prayer of the petitioner for stay of the criminal proceedings in different cases against him and this order at this stage will only deal with this prayer of the petitioner. By this order the aforesaid criminal miscellaneous cases are not being disposed of.2. Five different complaint cases have been lodged against the present petitioner for having committed the offence under Section 276C of the Income-tax Act, 1961 (in short 'the Act'). In all these criminal cases the learned Special Judge, Economic Offences, Patna, had passed an order taking cognizance of the offence under this provision of law and for issuing summons against the present petitioner. It is against this order passed in five different cases that the present criminal miscellaneous cases have been file...
Tag this Judgment!Basant Kumar Singh Vs. the State Bank of India and ors.
Court: Patna
Decided on: Jan-28-2003
Chandramauli Kr. Prasad, J. 1. This application has been filed for quashing the order dated 8-8-2002 (Annexure-4) whereby and whereunder the petitioner has been transferred to Sasaram branch of the State Bank of India and in order to facilitate his joining at that place, relieved from Rajendra Nagar (Patna) branch of the bank. Further prayer made by the petitioner is to quash the communication dated 26th of the October, 2002 (Annexure-8) whereby the representation filed against the order of transfer has been rejected by the Chief General Manager. 2. Short facts giving rise to the present application are that by the impugned order dated 8-8-2002, petitioner was transferred to Sasaram branch of the State Bank of India (hereinafter referred to as 'the Bank'). He challenged the said order of the transfer before this Court in a writ application, which was registered as CWJC No. 9416 of 2002 (Basant Kumar Singh v. The State Bank of India and Ors.). By order dated 5-9-2002, the said writ ap...
Tag this Judgment!Lalan Miskar Vs. the State of Bihar
Court: Patna
Decided on: Jan-27-2003
I.P. Singh, J. 1. The sole appellant has been convicted under Sections 307/34, 332/34 of the Indian Penal Code and also under Section 25(1)(A) and 26 of the Arms Act and to undergo rigorous imprisonment for seven years under Section 307/34 IPC three years Rl under Section 332/34 IPC and seven years Rl under Section 25(1)(A) Arms Act and seven years Rl under Section 26 of the Arms Act. However, sentence were directed out run concurrently.2. The prosecution Case, in short, is that on 20-5-1982 the informant, Niraj Kumar Sinha, officer-in-charge of P.S. Bhagawan Bazar along with other police man were on patrolling duty on Jeep No. BHD 9331 and when they reached at Mohalla-Shyam Chak Naykatola near the house of Sheonath Sah he heard a sound of firing. The patrolling party proceeded forward and in the head light of jeep saw two dacoits, both armed, with country made gun, near a Palm tree in the east of the house of Sheonath Sah. The dacoits challenged and threatened to open fire and also d...
Tag this Judgment!Dhrub Narayan Prasad Vs. State of Bihar and ors.
Court: Patna
Decided on: Jan-24-2003
Aftab Alam, J. 1. The Agriculture Produce Market Committee, Musallahpur was last (for the fifth time) constituted when in terms of Section 13 of Bihar Agricultural Produce Markets Act, 1960 notification, dated 4-2-1999, containing the names of its Chairman and members were published in the official gazettee, dated 6-4-1999. The term of office of its members, including the Chairman, therefore, came to an end on expiry of three years (6-4-2002) from the date of publication in the official gazette and the extended period of six months, as provided under Section 9(5) of the Act, also came to an end on 6-10-2002. However, the petitioner who was elected as Vice-Chairman of the Committee insists that the Committee must be deemed to continue in existence till the expiry of the period of three years from the date of his election was Vice-Chairman of the Committee and this writ petition has been filed praying for a declaration by this Court accordingly. 2. The facts of this case are simple and...
Tag this Judgment!Shri Ashwani Dhir and ors. Vs. State of Bihar and anr.
Court: Patna
Decided on: Jan-23-2003
R.S. Garg, J. 1. The petitioners who are producer and artists of serial known as 'Ram Khelawan C.M. 'N' Family' have come to this.Court making manifold complaints. 2. The first of the complaint is that the question raised by them in their defence has not been decided by the learned Sub-Judge. The other complaint is that the question relating to fundamental right and relating to expression have also not been considered by the Sub-Judge, therefore, the petitioners cannot get proper justice even from the appellate Court. It is also the submission of the petitioners that as the question of fundamental right is involved in the present matter, this Court should hear the matter and decide whether the telecast of the said serial Is in accordance with law or any objection against it violates or violates the fundamental right of the petitioner. 3. It is not in dispute before me that the respondent No. 2 had filed a title suit in the Court of Sub-Judge I Patna (Title Suit No. 380/2002) seeking ...
Tag this Judgment!G.D. Singh, Enforcement Officer Vs. Koshi Refinery and ors.
Court: Patna
Decided on: Jan-22-2003
S.N. Pathak, J.1. These two appeals have been taken up for analogous hearing because the cases in which judgments were passed by the lower Court were based on same facts and law. In the aforesaid cases, complainant was G.D. Singh, Enforcement Officer appointed under Section 13 of the Employees Provident Funds and Miscellaneous Provisions Act, 1952.The enforcement officer filed complaint stating therein that the proprietor of Koshi Refinery at Chakradaha P.S. Forbesganj, Distt. Purnea and its officials (respondents of the aforesaid appeals) had failed to deposit; companies share of the employees provident fund and they also failed to submit documents and papers in this connection. They had thus, violated the provisions of the Employees' Provident Funds and Miscellaneous Provisions Act. So, they were punishable under Sections 14(1-A), 14(2) and 14A of the aforesaid Act read with paragraph 76(d) of the Employees' Provident Fund Scheme, 1952. Judgments rendered by the S.D.J.M., Ararla, da...
Tag this Judgment!Vijay Shankar Pandey Vs. the State Bank of India and ors.
Court: Patna
Decided on: Jan-21-2003
Radha Mohan Prasad, J. 1. In this writ petition the petitioner is aggrieved by the deduction of Rs. 65,364/- from his retirement benefits on account of payments made for his specialized threatment held in Idraprastha Apollo Hospital, New Delhi and has accordingly sought for direction to the respondent-Bank to pay the said amount. 2. In short, the relevant facts are that the petitioner, who retired on 1-4-2001 from the service of the State Bank of India while posted as MMG-III Officer in the Zonal Office, Patna, suffered from Craniopharyngiona and Panypopatnisarison (Brain Tumour) associated with various other serious complications during the end of 1997. He consulted the Bank's Medical Officer, who referred his case for specialized treatment in Indraprastha Apollo Hospital, New Delhi as there was no arrangement for treatment of such diseases locally. 3. It is claimed that the petitioner called for estimate of the expenditure from the authorities of the Hospital who submitted an estim...
Tag this Judgment!Nunu Lal Yadav Vs. the State of Bihar and ors.
Court: Patna
Decided on: Jan-21-2003
R.S. Garg, J. 1. In the present matter, a typed copy of the impugned order has been filed at Annexure-5 with a declaration in the writ application affidavit that the annexures are true/photo copies of their respective originals, I, of my own, required the Counsel to satisfy me that in a case like present where an order passed by the subordinate Tribunal/subordinate authority which is under the control of this High Court either under Article 226 or 227 of the Constitution of India or an order passed by a quasi-judicial Tribunal is required to be challenged by filing a certified copy or a plain photo copy or true typed copy of such a document can be filed. I also required the Counsel to address on the question that if the certified copy is to be filed then in accordance with Section 4 read with Schedule I, Clause 8, Court fees tickets of Rs. 10.00 for every three hundred and sixty words or fraction of three hundred and sixty words are to be affixed or not. As the matter is likely to af...
Tag this Judgment!Shivanandan Singh and ors. Vs. State of Bihar
Court: Patna
Decided on: Jan-20-2003
S.N. Pathak, J. 1. These two appeals were heard analgous because they arise of common judgment dated 9-10-91 rendered by the Ist Addl. Sessions Judge, Nawadah, in sessions trial No. 463/84/45/88. Appellant-Baban Singh was convicted under Section 324/34 IPC. Moreover ail other appellants in other appeal were convicted under Section 324/34 IPC and appellants - Shivanandan Singh, Janardan Singh, Shyamadhin Singh, Purshottam Singh and Surendra Singh were convicted under Section 27 of the Arms Act. Those who were convicted under Section 324/34 IPC were sentenced to undergo Rl for 3 years and those who were convicted under Section 27 of the Arms Act were further sentenced to undergo R1 for 3 years. 2. The prosecution case originated on the fardbeyan of Bachu Singh, wherein he had alleged that on 11-5-81 at about 1 p.m., he was at his home in village Hansda. When he heard alarm regarding arson he rushed to the direction of noise alongwith other villagers and reached the house of Brihaspati ...
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