Patna Court November 2003 Judgments
Baski Singh Vs. State of Bihar
Court: Patna
Decided on: Nov-28-2003
B.N.P. Singh, J.1. Though appellant stood charged both under Sections 302 and 307 of the Indian Penal Code (IPC) he suffered conviction only on the first count, on being acquitted of the offence under Section 307, IPC, for insufficiency of evidence.2. Put up briefly, essential facts are these. Sometime after midday on 24th May, 1995, while Jagarnath Singh was returning after selling vegetables, he was intercepted by four persons including the appellant, near Khadi Bhandar, Manihari, who asked him for payment of unauthorised toll. It was alleged that as he did not oblige them, appellant took out pistol, and on chase though fired shot on him, aim was lost. The alarms raised by Jagarnath Singh brought a number of persons there who chased appellant, and it was alleged that in the process of being chased, appellant fired shots on Dilip Singh when he was about to apprehend him, and said Dilip Singh eventually dropped dead on sustaining injuries on his hand and below neck. A police case at ...
Tag this Judgment!Dev Anand Vs. Bharat Sanchar Nigam Ltd.
Court: Patna
Decided on: Nov-28-2003
Radha Mohan Prasad, J. 1. In this writ petition, the petitioner has prayed for setting aside/quashing of the appointment/selection of M/s. Choudhary Electric, Hajipur, Vaishali (respondent No. 4) as Dealer for post-paid services and Distributor for pre-paid services of Bharat Sanchar Nigam Limited Cellular Mobile Telephone Service as, according to him, respondent No. 4 is not an eligible candidate in terms of the tender documents issued by the respondent-authorities.2. According to the case of the petitioner, he carries on business in the name and style of 'M/s. Aditya Enterprises'. In the year 2002, respondent-authorities published a tender notice inviting tender for appointment of Dealer/Distributor for post-paid and pre-paid services of Bharat Sanchar Nigam Ltd., Cellular Mobile Telephone Services for the district of Hajipur. The petitioner alongwith other submitted tender papers after purchasing the tender documents. According to the petitioner, the sales tax assessment orders an...
Tag this Judgment!Saket Housing Ltd. Vs. the Patna Regional Development Authority and an ...
Court: Patna
Decided on: Nov-25-2003
B.N.P. Singh, J. 1. Scarce land and rising population, which made housing problem complex for teeming millions, aspiring to seek shelter in urban areas, has given rise to a new dimension to solution of this problem, known as Housing Complex or Multi-Storeyed Apartments. Paradox is that even though builders/ developers of such complexes may not have their own land for construction of complexes, yet they develop land, erect multi-storeyed buildings thereon and claim ownership thereof.2. M/s. Saket Housing Ltd. through its Managing Director, the appellant, having lost CWJC No. 7904 of 2002 before a Bench of this court, has now chosen this forum for appeal, filing LPA No. 902 of 2003. Since manifold contentions were raised at Bar on behalf of the appellant and the respondents, salient features of the case of the parties can be noticed to appreciate them.3. Since learned Single Judge in his judgment has set out in elaborate details all the relevant facts pertaining to reason and subseque...
Tag this Judgment!Nirmal Kumar Vs. State of Bihar and ors.
Court: Patna
Decided on: Nov-25-2003
Narayan Roy, J.1. Heard counsel for the parties.2. By this application, the petitioner prays for issuance of a writ of mandamus directing the respondent authorities to promote him in the substantive rank and the scale of Executive Engineer in Public Health Engineering Department with effect from 1.4.2000 i.e. the date on which his next junior was granted such promotion and to given him the consequential benefits.3. The case of the petitioner briefly stated is that he was confirmed as an Assistant Engineer pursuant to notification No. 1057 dated 18.12.2000 with effect from 21.10.1989 and was placed at serial No. 28 of the list, as contained in Annexure 2.4. The case of the petitioner thereafter was taken up for consideration of promotion to the post of Executive Engineer along with other eligible persons by the department Promotion Committee (hereinafter as referred to as 'DPC') headed by the Chairman of the Bihar Public Service Commission and the DPC in its meeting dated 16.12.2000 ex...
Tag this Judgment!Sk. Basir Vs. State of Bihar
Court: Patna
Decided on: Nov-24-2003
B.N.P. Singh, J.1. Though all appellants suffered conviction under Section 304B of the Indian Penal Code (IPC), while appellant Sk. Basir, Bk. Shahid, Sk. Afi and Sk. Jamil Ahmad were sentenced to suffer imprisonment for life, Mariyam Khatoon and Hasina Khatoon , being female members and also in view of their age, were sentenced by the trial Court to suffer rigorous imprisonment for a term of ten years only. All the appellants were also convicted under Section 201, IPC for which they were sentenced to suffer rigorous imprisonment for a term of two years, with a rider that all the sentences shall run concurrently.2. Allegedly, after Shiba Khatoon was married to Basir Ahmad, her happiness was short-lived, as in-laws became hostile to her for failure of her parents to make provision of sufficient dowry to them. Harassment and torture continued to be meted out to her, as her parents could not make provision of Rs. 40,000/- for construction of a house, and eventually, information about tr...
Tag this Judgment!Birendra Kumar Vs. Union of India (Uoi)
Court: Patna
Decided on: Nov-24-2003
1. Petitioner Birendra Kumar took a loan from Punjab National Bank, Branch Hasua, District Nawadah. The loan was taken for an amount of Rs. 1,54,570/-. It was taken under a scheme known as Prime Minister Employment Scheme for the purpose of setting up a retail shop for readymade garments. The loan was taken in 1996. The petitioner made a default in payment of the loan with the result that the respondents took out a certificate proceeding for realization of loan. It is not in dispute that the loan was to be discharged in 37 years.2. With the writ petition, the petitioner has given no details as to what were the terms upon which he was to deposit the instalments to discharge the loan in 37 years. The petitioner talks law and desires that he be judged on technicality only. This is not possible. The Court gave the petitioner fairly a good offer which was spurned and rejected.3. The Court indicated to the petitioner that if he will discharge the payment, whatever may be due as of date alon...
Tag this Judgment!Yogendra Singh Vs. State of Bihar and ors.
Court: Patna
Decided on: Nov-21-2003
Narayan Roy, J.1. Heard counsel for the parties.2. In compliance of this Court's order dated 5.11.2003, the relevant, records of this case have been produced before me for my perusal.3. The petitioner seeks direction upon the respondents to consider his case for grant of promotion to the post of Jamadar, Mounted Military Police, with effect from the date of vacancy occurring on 3.2.2002 on account of death of one Bharat Muni.4. It is submitted by learned counsel appearing on behalf of the petitioner that the case of the petitioner was recommended by the Central Selection Board on 28.8.1991 to consider his case for promotion, but till date the petitioner has not been promoted to the post of Jamadar, Mounted Military Police, though he is at serial No. 7 and the persons above him have already been promoted. It is also submitted that the authorities though had found respondent No. 5 not fit for promotion in the Board of 1991, he alone is being considered ignoring the case of the petition...
Tag this Judgment!Charitra Paswan Vs. State of Bihar and ors.
Court: Patna
Decided on: Nov-21-2003
S.N. Jha, J.1. A short but significant question whether the village Choukidars are entitled to count the service prior to 1-1-1990 for the purpose of pension arises for consideration in this writ petition. As a matter of fact, the question already stands answered in the negative in the case of Karoo Paswan v. State of Bihar, 1999 (2) BLJR 1446. However, when this case came up for consideration before a learned Single Judge he took the view that there was conflict between the decision in the cases of Karoo Ram (supra) and Upendra Prasad v. State of Bihar, 1995 (2) PLJR 22, and referred the case for hearing by a Division Bench. That is how this case came before this Bench.2. The short facts of the case as stated in the writ petition are that the petitioner was appointed as village Choukidar in Bit No. 2 of Manigachi Police Station in Darbhanga District in the year 1973. Pursuant to a policy decision of the State Government making the post of village Choukidar regular vide Circular No. 3...
Tag this Judgment!Ram Naresh Singh Vs. State of Bihar and ors.
Court: Patna
Decided on: Nov-21-2003
Narayan Roy, J.1. The petitioner in sum and substance seeks direction upon the respondents to consider his case for promotion in the rank of senior selection grade of Dy. S.P. with effect from 15.7.1982 and to give him the consequential benefits.2. It is submitted by learned counsel appearing on behalf of the petitioner that a punishment of reduction of increment was inflicted upon the petitioner vide order dated 20.6.1998 and the said punishment now has lost its force in view of Clause 3 of Rule 726 of the Bihar Police Manual and the petitioner, therefore, is now eligible for consideration for promotion, as claimed by him.3. It appears from the pleadings of the parties that the petitioner after infliction of the punishment superannuated with effect from 31.8.1998.4. Since the order of punishment has lost its force, the petitioner now is to be considered notionally for promotion in accordance with law. The fact that the petitioner has superannuated and the order of punishment has lost...
Tag this Judgment!Arun Kumar Singh Vs. the State of Bihar and ors.
Court: Patna
Decided on: Nov-20-2003
Chandramauli Kr. Prasad, J.1. This application has been filed for quashing the notice dated 20-6-2003 issued by the Executive Officer of the Panchayat Samitee, Kutumba whereby a meeting of the Panchayat Samitee was convened on 26-6-2003 to consider the motion of no confidence against the petitioner. 2. Short facts giving rise to the present application are that the petitioner Was elected as member of the Panchayat Samittee, Kutumba (hereinafter referred to as the Samitee) and subsequently elected as its Parmukh. Certain members of the Samitee wrote to the petitioner to convene a special meeting, to consider the no confidence motion. A copy of the said requisition was also sent to the Block Development Officer, Kutumba who happens to be the Executive Officer of the Samitee. He in turn wrote to the petitioner to convene a special meeting to consider the no confidence motion. Ultimately the Executive Officer, gave notice (Annexure-9) of the special meeting to be held on 26-6-2003 to cons...
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