Patna Court January 2003 Judgments
Md. Abu Nassar and ors. Vs. the State of Bihar and ors.
Court: Patna
Decided on: Jan-09-2003
S.N. Jha, J. 1. The dispute in these two writ petitions relates to eligibility for admission to the Post Graduate Medical Course of candidates who have already been admitted in Post Graduate Degree/Diploma course on the basis of an earlier entrance test. The petitioners have questioned the admission of the private respondents in different subjects/disciplines of the Post Graduate Medical Courses. In CWJC No. 659/2002 they are respondents 5 to 8, in CWJC No. 5121/2002 they are respondents 7 to 10.2. The admission to the Post Graduate Medical Degree/Diploma courses in the Medical Colleges of the State of Bihar is taken on the basis of common entrance test called post Graduate Medical Admission Test (PGMAT). As per the scheme of admission a merit list is prepared on the basis of marks secured in the written test Thereafter candidates securing qualifying marks in order of merit are called for counselling/interview also for verification of original documents and identity by personal appea...
Tag this Judgment!Raghuni Singh @ Raghunandan Singh and ors. Vs. the State of Bihar
Court: Patna
Decided on: Jan-09-2003
M.L. visa, J. 1. This appeal is directed against the judgment and order dated 21-11-1987 passed by 1st Additional Sessions Judge, Aurangabad in Sessions Trial No. 66 of 1983/47 of 1979 (in judgment wrongly typed as 47 of 1997) convicting and sentencing all the appellants to undergo rigorous imprisonment for life under Sections 302/34, Indian Penal Code and regorous imprisonment for two years under Section 148, Indian Penal Code. Both the sentence have been order to run concurrently. 2. The case of prosecution, in short, is that on 27-7-1977, appellants Sheo Singh and co-accused Gariban Chaudhary (since deed) went to the house of deceased Rajaram Mahto, husband of informant Chandrakala Devi (PW 5) and called him.When informant enquired from them where they were taking her husband, co-accused Gariban Chaudhary told that because of some work, he was taking her husband who would come back shortly. After sometime, informantsent her daughter Gita Kumari(PW 8) to the house of co-accused Gar...
Tag this Judgment!Sanjay Singh and ors. Vs. State of Bihar and ors.
Court: Patna
Decided on: Jan-08-2003
Chandramauli Kr. Prasad, J. 1. In all these writ applications, common questions of law and facts arise and as such, they are being disposed of together. 2. These applications have been filed for quashing a portion of the orders of various dates, annexed as Annexure-9 in all the writ applications where by the services of the petitioners have been terminated. 3. Shorn of unnecessary details, facts giving rise to the present application are that the petitioners were initially appointed on daily wages on different dates in the year 1996. It is the stand of the petitioners that their services have been regularised iateron. It seems that the matter of appointment of the petitioners and such other persons purportedly done illegally by the Gaya Municipal Corporation (hereinafter referred to as 'the Corporation') came to the notice of the State Government. Accordingly, the State Government directed the District Magistrate to constitute acommittee to examine the validity of the appointment of ...
Tag this Judgment!Gupta GraIn Stores Vs. Cit
Court: Patna
Decided on: Jan-08-2003
The petitioner has filed the present writ application for a direction to refund the amount of tax paid for settlement of tax in arrear under the provisions of Kar Vivad Samadhan Scheme, 1998 (hereinafter referred to as 'the Scheme').2. The facts, which are not in dispute, are that in terms of the aforesaid scheme, the petitioner made a declaration, on the basis of which a certificate was granted under the said scheme to the petitioner. Later on, it was found that the certificate was obtained by making false statement and, accordingly, certificate granted was cancelled and the pending proceeding was revised in terms of proviso (1) to section 90 of the Scheme.3. According to the petitioner, once declaration has been found to be false under the Scheme and the proceeding has been revived in terms of the said proviso, it will be treated that no declaration has been made and as such the petitioner is entitled to refund of the amount under the aforesaid scheme.4. Learned counsel appearing fo...
Tag this Judgment!Secretariat Press M. Staff Union Vs. the State of Bihar and ors.
Court: Patna
Decided on: Jan-07-2003
S.N. Jha, J. 1. This writ petition on behalf of the Secretariat Press Ministerial staff Union and the Government Stationery Stores staff Union has been filed seeking direction upon the respondents to treat the members of the petitioner-unions as employees of an office attached to the Secretariat, with further direction that they are entitled to all the benefits admissible in law to the employees of the attached offices of the Secretarial including grant of replacement scales of pay at par.2. The petition was allowed by a Bench of this Court on 12-2-1998 with a direction to the respondents to treat the members of the petitioner-unions as employees of the offices attached to the Secretariat, and to grant them all consequential benefits for which they were eligible in accordance with rules, from the date of filing of the writ petition. The State of Bihar went in appeal to the Supreme Court vide SLP (Civil) No. 12261 of 1998. The SLP giving rise to civil Appeal No. 2283 of 1999 was allowe...
Tag this Judgment!Kanhaiya Tatwa and Dashrath Tatwa Vs. the State of Bihar
Court: Patna
Decided on: Jan-07-2003
I.P. Singh, J. 1. Appellant KanhaiyaTatwa has been convicted under Section 304, Part-1 of the Indian Penal Code and has been sentenced undergo Rigorous Imprisonment for ten years. Appellant Dasrath Tatwa has been convicted for offences under Section 307 and 324 of the Indian Penal Code and has been sentenced to undergo R.I. for five years under Section 307 of the I.P.C. No separate sentence has been passed against him for the offence under Section 324 of the I.P.C.2. The prosecution case, as alleged, in short is that on 15-8-1984 at about 9 p.m. in the night, the informant Pramod Kumar Singh of village-Dahianwa Tola within Chapra town went near Joginia Kothi in Mohalla Joginia Kothi along with his friend Rajesh Rai. It has been stated that Rajesh Rai went near the shop of the appellant Kanhaiya Tatwa to take sweets from there. In the meantime, the informant Pramod Kr. Singh went at a shop to take Cigarette from there. At that time, an altercation took place between Rajesh Rai and app...
Tag this Judgment!Narendra Singh @ Narendra Kumar Singh and anr. Vs. State of Bihar
Court: Patna
Decided on: Jan-07-2003
Sachchidanand Jha, J.1. There are in all four appellants in this batch of appeals. They have been convicted Under Section 302/34 of the Indian Penal Code and sentenced to rigorous imprisonment for life. They have also been convicted Under Sections 304B, 498A and 201 of the Penal Code and sentenced respectively to rigorous imprisonment for five years, two years and two years thereunder. The sentences have been ordered to run concurrently. While appellants of Cr. Appeal No. 481/1998 are brothers-in-law (Dewars) of the deceased, the appellant of Cr. Appeal No. 493/1998 is the father-in law and the appellant of Cr. Appeal No. 505/1998 is the husband.2. The case relates to an incident of 28.12.1994 in which Pushpa Kumari, sister of Ram Vinay Singh of village Tilak Taj, P.S. Runni Saidpur, District Sitamarhi died unnatural death in her Sasural at village Morsand, PS Runni Saidpur, District Sitamarhi, Ram Vinay Singh lodged written report before the Officer Incharge, Runni Saidpur PS on the ...
Tag this Judgment!Md. Kalim Vs. the State of Bihar and ors.
Court: Patna
Decided on: Jan-07-2003
Ravi S. Dhavan C.J. and R.N. Prasad, J. 1. The Letters Patent Appeal has been filed by the petitioner-appellant, Md. Kalim, on an order dated 25th April, 1995 in C.W.J.C. No. 11928of 1993, Md. Kalim v. State of Bihar and orders., 2. The contention of the appellant is that he is not aggrieved by the judgment of the learned Judge as a whole. It is explained to the Court that the judgment may have been good at the time when it was delivered and consequent upon several other workmen being regularised along with him he also has been regularised. This regularisation was the result of the judgment of the Supreme Court in Civil Appeal No. 766 of 1991, Gauri Shankar Prasad and Ors. v. Bihar State Housing Board and Ors. The order of the Supreme Court is dated February, 13, 1991. 257 daily workers became entitled to be regularised in the work charge establishment in accordance with the chart which was placed before the supreme Court. 3. The contention on behalf of the petitioner-appellant is th...
Tag this Judgment!Rajendra Prasad Mistry Vs. State and anr.
Court: Patna
Decided on: Jan-07-2003
I.P. Singh, J. 1. The application has been filed for quashing the order dated 22-9-2001, passed by the Executive Magistrate, Danapur in Case No. 65(M) of 1997 (Tr. No. 30 of 2000) and consequently the entire proceeding initiated under Section 145 of the Code of Criminal Procedure (in short the Code) between the petitioner and the opposite party No. 2 in connection with the aforesaid case which was initiated in respect of a portion, of land pertaining to Khata No. 192, Plot No. 247,1500 sq. feet situated in village, Jalapur, Police Station-Danapur, District Patna. The Executive Magistrate has allowed the petition filed on 16-7-2001 by opposite party No. 2 after about five years of the initiation of proceeding under Section 144 of the Code and also allowing inclusion of the boundary in the description of disputed plot which was not mentioned earlier either in the police report or in the order of the Executive Magistrate. 2. Learned Counsel for the petitioner has submitted that the init...
Tag this Judgment!Md. Ilias Khan Vs. State of Bihar and ors.
Court: Patna
Decided on: Jan-07-2003
Ravi S. Dhavan, C.J. and R.N. Prasad, J. 1. This Letters Patent Appeal is against the order dated 22 February, 1995 on CWJC No. 7583 of 1993, Md. Ilias Khan v. State of Bihar and Ors. 2. The petitioner-appellant was a Constabie in Dog squad, Centra! Investigation Department, Bihar, Patna. In the mid night of 5th April, 1986 he entered the police barrack in a drunken State and abused, assaulted and injured constable Subodh Prasad Mandal and some other Constables and Havildars. He also broke the bicycle of Robert Herrorian. The departmental proceedings were taken out against the petitioner and consequently on the conclusion of the proceedings he was dismissed from service. 3. The petitioner-appellant on his writ petition was seeking relief that the enquiry had been improper as essential documents have not been given to him and the punishment awarded is too harsh regard being had to the circumstances that he was 19 years in service. 4. The learned Judge was not inclined to interfere wit...
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