Patna Court April 2003 Judgments

Pramod Kumar Singh Vs. the State Election Commission Bihar and ors.

Court: Patna

R.N. Prasad, J. 1. This Letters Patent Appeal has been filed against the judgment and order dated 23-9-2002 passed in C.W.J.C. No. 2884/2002. By the impugned order the writ petition was allowed and the judgment and order dated 15-2-2002 passed by the Munsif 2nd, Vaishali at Hajipur in Election Case No. 63/2001, whereby Election petition was allowed and election of respondent No. 4 as Mukhia of Agrail gram panchayat, district Vaishali was set aside and direction was given to the Election Officer to declare the petitioner as winning candidate and issue certificate to the aforesaid effect, was set aside. 2. The election of Agrail Gram Panchayat No. 22, district Vaishali for different posts was held on 19-4-2001. The petitioner, respondent No. 4 and others were candidates for the post of Mukhia. The counting of votes was held on 18-5-2001 but result of the election was withheld awaiting direction of the Election Commission with respect to votes polled at Booth No. 152. On 19-5-2001 a let...

Ram Swarath Mahto Vs. the State of Bihar and ors.

Court: Patna

R.N. Prasad, J. 1. The Letters Patent Appeal has been filed against the judgment and order dated 9-12-1994 passed in CWJC No. 5207 of 1991 whereby the writ petition has been dismissed.2. The facts of the case are that Kisan High School, Tara Bariarapur, Begusarai was established on 2-1-1970. Respondent No. 6 was appointed Headmaster in the school by the Managing Committee. The school was inspected and the District Education Officer submitted a report dated 10-10-1971 indicating that the Respondent No. 6 was appointed Headmaster in the school with effect from 2-1-1970. He was a B.A. B.Ed. at the relevant time. The school was granted permission to establish vide letter dated 19-7-1973. A special Board consisting of the District Education Officer and one Sri Satrughan Prasad Singh was constituted vide letter dated 27-4-1978 for grant of permanent recognition. The special Board inspected the school and submitted a report dated 8-11-1978 showing Respondent No. 6 as the Headmaster of the s...

Madhuri Keshri Vs. State of Bihar and ors.

Court: Patna

M.L. Visa, J.1. This application by petitioner has been filed for cancellation of anticipatory bail granted to opposite party Nos. 2 and 3 by learned Sessions Judge, Saharsa in Anticipatory Bail Application No. 42 of 2002 (S) on 27.5.2002.2. The case of petitioner, in short, is that she had filed a Complaint Case No. 218 of 2001 against opposite party Nos. 2 and 3, who are her in-laws, her husband Gopal Keshri and others, namely, Vijay Keshri, Madhuri Devi and Vinay Kumar Keshri Under Sections 323, 387, 379, 498A, read with Section 34, Indian Penal Code following her torture by aforesaid persons for the demand of a sum of Rs. 50,000/- and a scooter as dowry from her father. The case of petitioner is that in her complaint petition, she gave the details of her torture including assault on her, stoppage of meal and finally snatching her articles including cloths, ornaments and pushing her out from their house. The further case of the petitioner is that opposite party Nos. 2 and 3, by ord...

Heera Lal Pandit Alias Hira Lal Vs. State of Bihar

Court: Patna

Narayan Roy, J.1. Heard counsel for the parties.2. The petitioner prays for quashing the order dated 3-3-2002 passed by the learned Chief Judicial Magistrate, Gopalganj whereby and whereunder the learned Magistrate has taken cognizance of the offence under Sections 302 and 120B/34 of the Indian Penal Code arising out of Mirganj P. S. Case No. 340/2001.3. Learned counsel for the petitioner submitted that in course of investigation no material whatsoever was found against the petitioner and, therefore, a petition was filed by the petitioner for his discharge and the learned Magistrate heard the petition filed by the petitioner and discharged him vide order dated 6-2-2002 and, therefore, the learned Magistrate committed jurisdictional error in taking cognizance of the offence against the petitioner on 3-3-2002. It is further submitted that the learned Magistrate had no inherent power to review/recall his previous order dated 6-2-2002 and at the face of the order of discharge dated 6-2-2...

S.J.S. Business Enterprises (P) Ltd. Vs. the State of Bihar and ors.

Court: Patna

Reported in: (2004)7SCC166

S.K. Katriar, J. 1. This writ petition has been preferred for the reliefs (i) to quash the sale notice dated 31-1-2002 (Annexure-4), and the sale notice dated 26-3-2002 (Annexure-5), issued by respondent No. 2 (the Bihar State Credit and Investment Corporation Limited) (hereinafter referred to as 'the BICICO'), whereby Hotel Ambassador located at Buxar was notified for auction sale in terms of Section 29 of the State Financial Corporation Act, 1951 (hereinafter referred to as, 'the Act'), (ii) to quash the notice dated 14-3-2002 (Annexure 5/A), calling upon the petitioner to deposit Rs. 182,85 lacs towards repayment of the loan amount which it owes to BICICO, (iii) to quash the notice dated 31-3-2002 (Annexure-6), and (iv) to quash the notice bearing legal notice No. Legal/3516 dated 31-3-2002 (Annexure-7) that a sum of Rs. 191.30 lacs were due against him as on 31-3-2002, informing the petitioner that the unit in question had been auction sold in favour of respondent No. 6 for a sum o...

Puspen Biswas and ors. Vs. Dr. B.R. Ambedkar Institute of Dental Scien ...

Court: Patna

S.N. Jha, J. 1. As a common dispute is involved in these three cases they have been heard together and are disposed of by this common judgment. 2. The petitioners, who are 87 in number, are students of Dr. B.R. Ambedkar Institute of Dental Sciences & Hospital, Patna (hereinafter referred to as 'the Institute'). (Many similarly placed students of the Institute have joined hands with the petitioners as intervenors). They have approached this Court seeking direction upon the Institute to deliver their mark-sheet, certificates for the first/second/third/fourth year of the BDS Course sent to the Institute by the Magadh University and the original certificates deposited by them at the time of admission, permit them to complete their internship and on completion thereof issue necessary certificate, and other incidental reliefs. The refusal to issue the mark-sheets etc. is on the ground that the petitioners have not paid their outstanding dues. 3. There appears to be a minor dispute about o...

'Satsang' Vs. Union of India (UOi) and Ors.

Court: Patna

Ravi S. Dhavan, C.J.1. This is an appeal by an organisation which calls itself 'Satsang'. It filed a C.W.J.C. No.3881 of 1982: Satsang v. Union of India and Ors. The order passed by the Ministry of Labour, Government of India dated August 16, 1982 was challenged in the writ petition. The order was passed on the representation of the petitioner. This representation was made on April 12, 1982 under Section 19A of the Employees Provident Funds and Miscellaneous Provisions Act, 1952. The impugned order is appended as Annexure 1 to the writ petition. The representation of the petitioner dated April 12, 1982 is appended as Annexure 2 to the writ petition.2. In the representation it was contended by the Satsang that 'out of our sheer ignorance of the said Act we have allowed the Satsang Press to comply with the provisions of the same'. The petitioner desired that in the matter relating to applicability of the Act the entire facts be reviewed in the light of the express provisions of Section ...

The Chairman, Bihar Public Service Commission and ors. Vs. Pramod Kuma ...

Court: Patna

Nagendra Rai and R.S. Garg, JJ. 1. By this appeal under Section 10 of the Letters Patent Appeal, the appellant seeks to challenge the correctness, validity and propriety of the order dated 11 -9-2001 passed by the Hon'ble Single Judge in C.W.J.C. No. 9746 of 2001. By the order impugned, the learned Single Judge has declared that on re-valuation of the copy the respondent/petitioner in the writ petition secured 63 marks and directed the Bihar Public Service Commission (in short 'the Commission') to reconsider the case of the petitioner and further observed that if as a result of such consideration, the writ petitioner is found to have secured more marks than the candidates last recommended, his name too shall be recommended at its proper place in the merit list. 2. The facts in brief leading to this Letters Patent Appeal are that C.W.J.C. No. 9746/2001 was filed by respondent No. 1, Pramod Kumar Srivastava for a direction upon the Bihar Public Service Commission to produce his answer ...

Arjun Singh Vs. the State of Bihar and ors.

Court: Patna

Nagendra Rai and R.S. Garg, JJ. 1. This appeal is directed against the order dated 14-5-2002 passed by the learned Single Judge dismissing the writ application filed by the appellant challenging the order dated 13-4-2002, by which he was been disengaged from the post of Nalkup Khalasi (Muster Roll). 2. The case of the appellant is that the appellant was appointed on 14-12-1985 as a Muster Roll employee by the Executive Engineer against a sanctioned vacant post and was posted at Chapra. His further case is that his services were regularised in the work charged establishment against a regular scale in the year 1990, but the same was stayed. Thereafter, he filed a writ application being C. W. J.C. No. 4033 of 1993 for a direction to regularise his services and also to pay time scale of pay applicable to Nalkup Khalasi of the department. The said writ application was disposed of by a Division Bench of this Court on 21-1-1994 directing to pay to the appellant the minimum of the scale paya...

The Branch Manager, United India Insurance Company Ltd. Bihar Shariff ...

Court: Patna

Nagendra Rai and R.S. Garge, JJ. 1. This order shall dispose of L.P.A. No. 241/2002 and L.P.A. No, 855/2002.2. Though the said writ Applications have been disposed of by different Hon'ble Judges under separate orders but as the questions raised in each of the writ applications are identical and require interpretation of the identical phrase on almost similar facts, we are disposing of both the appeals.3. L.P.A. No. 241 of 2002 arises out of C.W.J.C. No. 11124/2001 disposed of on 8-1-2002 while L.P.A. No. 855/2002 arises out of C.W.J.C. No. 7445/2001 disposed of on 1-7-2002.4. In each of the matter the interpretation of the words 'the insurance is entitled to provide for payment of compensation in the event of death only resulting solely and directly from accident caused by external violent and any other visible means', and the phrase 'the insured shall sustain any bodily injury resulting solely and directly from accident caused by external, violent and visible means' is involved.5. T...