Patna Court April 2003 Judgments
Vinay Kumar Singh Vs. Bihar State Electricity Board and ors.
Court: Patna
Decided on: Apr-09-2003
S.K. Katriar, J. 1. Heard Mr. Madan Mohan Prasad for the petitioner, and Mr. Mohit Kumar Shah, JC to Mr. Mihir Kumar Jha for the respondents. Learned Counsel for the respondents has taken a preliminary objection that in view of the laws governing the issue, a writ petition under Article 226 of the Constitution of India and can be filed in the Patna High Court only in English. The present writ petition is in Hindi and cannot, therefore, be entertained. Learned Counsel for the petitioner has contested this proposition and submits that a writ petition under Articles 226 and/or 227 in Hindi is maintainable in this Court. 2. Rule 1, Chapter III, Part II of the Patna High Court Rules lays down that 'Every application to the High Court shall be by a petition written in the English language.' Articles 348(1) and (2) of the Constitution is relevant in the present context which reads as follows: Language of the Supreme Court, High Court, etc. 348. Language to be used in the Supreme Court and in...
Tag this Judgment!Sheo Chand Chaudhary Alias Sheochan Chaudhary Vs. Adalat HussaIn and o ...
Court: Patna
Decided on: Apr-09-2003
S.K. Katriar, J. 1. Heard learned Counsel for the parties. Defendant No. 2 is the appellant against the judgment of affirmance. This appeal is directed against the judgment and decree dated 11-4-1994, passed by the learned 3rd Additional District and Sessions Judge, Gopalganj, in Title Appeal No. 24 of 1987/20 of 1988 (Sheo Chand Chaudhry v. Adalat Hussain and Ors.), whereby he has affirmed the judgment and decree dated 9-4-1987, passed by the learned Munsif, Gopalganj, in Title Suit No. 183 of 1977 (Adalat Hussain and Ors. v. Bihar Sarkar and Ors.). The trial Court had decreed the suit which has been affirmed by the learned Court of appeal below. Hence this appeal on behalf of the contesting defendant. We shall go by the descriptions of the parties occurring in the plaint.2. The case of the plaintiffs (respondents herein) as per the plaint is that Plot No. 93, Khata No. 48, measuring an area of 12 Bighas 19 Kathas and 7 dhurs was Gairmazarua Malik land of Hathwa Raj, the ex-landlord...
Tag this Judgment!Prakash Chandra Verma Vs. the Bihar State Co-operative Land Developmen ...
Court: Patna
Decided on: Apr-08-2003
Radha Mohan Prasad, J. 1. In this writ petition, the petitioner, who was allowed to voluntarily retire as District Officer, Land Development Bank, Chapra on 8-2-2000, is aggrieved on account of non-release of his pensionary dues. 2. A counter-affidavit has been filed on behalf of the Bank in which it is alleged that while the petitioner was posted as District Magistrate at Chapra, a huge amount of Rs. 48,28,845.60 was defalcated and for this an FIR has been lodged vide Dighwara P.S. Case No. 125 of 1989 in which the petitioner and others have been made accused. It is also stated that a departmental proceeding was initiated against the petitioner, but during the pendency of the criminal case, a Division Bench of this Court vide order dated 1-5-1989 passed in C.W.J.C. No. 4315 of 1989 (Annexure-B) stayed further proceeding of the said departmental proceeding till the disposal of the criminal prosecution. 3. A reply affidavit to the said counter-affidavit has been filed on behalf of the...
Tag this Judgment!Bihar State Electricity Board Vs. the State of Bihar and ors.
Court: Patna
Decided on: Apr-08-2003
Ravi S. Dhavan, C.J. 1. The Bihar State Electricity Board filed a Writ Petition No. (C.W.J.C. No. 11055/95, Bihar State Electricity Board v. State of Bihar and Ors., when it faced proceeding under the Public Premises (Eviction of Unauthorised Occupants) Act, 1971, and a show cause notice was issued to it In reply it took the stand that it was not an unauthorised occupant. The Court declined to interfere and, in effect, certified that the proceeding has rightly been taken out and the Bihar State Electricity Board could not resist the proceeding taken up under the Act aforesaid. Learned counsel appearing on behalf of the Board desires that reference may be understood as under Bihar Government premises (Rent, Recovery and Eviction) Act, 1956, and not the Central Government enactment. 2. The Board has filed this present Letters Patent Appeal. This appellate division of the Court finds an aspect rather unusual that the Bihar State Electricity Board, a State in itself as a creature of a st...
Tag this Judgment!Laxman Singh @ Lachhuman Singh and ors. Vs. State of Bihar
Court: Patna
Decided on: Apr-08-2003
Chandra Mohan Prasad, J.1. The facts of both these appeals being common, they have been heard together and are being decided by this common judgment.2. These two appeals have been filed against the judgment dated 23rd of January, 2002 passed by the 3rd Additional Sessions Judge, Aurangabad in Sessions Trial Nos. 308 of 1990/286 of 2001 whereby and whereunder, all the four appellants were convicted Under Sections 304B, 498A and 201 of the Indian Penal Code, and sentenced to undergo rigorous imprisonment for seven years, one year and one year respectively for the aforesaid offences.3. The fardbeyan of the case was lodged by Ramjivan Singh, father of deceased Nira Devi. The informant stated in the fardbeyan that he had married his daughter Nira Devi (deceased) to appellant Bijendra Singh in the year 1987 and Gauna was performed in the year 1988 and that through his daughter (deceased) motor-cycle was being demanded by the appellants mother-in-law, father-in-law and other family members. ...
Tag this Judgment!Dilip Kumar Singh @ Dilip Kr. Sinha and anr. Vs. Mostt. Sakuntala Devi ...
Court: Patna
Decided on: Apr-07-2003
Nagendra Rai, J. 1. The judgment-debtors/ petitioners have filed the present civil revision application against the appellate order dated 18th October, 2001 passed by AddI. District Judge-X. Patna in Miscellaneous appeals setting aside the order dated 3rd May, 1995 passed by Sub-Judge II, Patna in Misc. Case No. 3 of 1992 by which he has set aside the sale of the property belonging to the petitioners for realisation of cost on the ground of fraud. The appellate Court held that the application filed by the petitioners was filed beyond limitation and no fraud was committed in the sale of the property and accordingly allowed the appeals of the decree holders and auction purchaser. 2. The facts leading to the filing of the present application are that the decree holder/Opposite party 1st Set filed a suit for declaration of title and recovery of possession with regard to portion of land of plot Nos. 234 and 946, Circle No. 247, Ward No. 34 holding 238/233situate in Mauza Rajapur Hassan. P....
Tag this Judgment!Ranvijay Kumar Patel Vs. the State of Bihar and anr.
Court: Patna
Decided on: Apr-04-2003
R.S. Garg, J. 1. Heard learned Counsel for the petitioner and learned Counsel for the State Government.2. The petitioner Ranvijay Kumar Patel, Mukhiya of Gram Panchayat Raj, Surhari has come to this Court inter-alia submitting that the order contained in Annexure-4 passed on 1-10-2001 by the District Magistrate canceling the arms licence and directing confiscation of the gun be quashed.3. The facts in short are that Licence No. 230/60 of Police Station Eakhtiyarpur was issued in favour of the Mukhiya of the said Gram Panchayat. It is not in dispute before me that on 14-9-1973 one Hari Narain Singh son of the Mukhiya, Birendra Kumar Singh surrendered the gun with two cartridges with the State Government through Police Department inter-alia submitting that said Birendra Kumar Singh was murdered and case was registered under Section 302 and as he was not entitled to carry the arms he was surrendering the same. The arms were received by the police and were kept in their Malkhana. It appe...
Tag this Judgment!Vina Kumari Vs. the State of Bihar and ors.
Court: Patna
Decided on: Apr-04-2003
Ravi S. Dhavan, C.J. 1. Heard learned Counsel for the appellant and learned Counsel for the State. 2. The contention basically is that upon her father's death on 19 June, 1987 admittedly the petitioner was a minor but in pursuance of an application she filed on 1 May, 1989 and again on 25 August, 1992 she was within the field of eligibility by having attained majority and to be considered in prsuance of a circular of the Government so issued in 1989. 3. The order on the writ petition is, to the effect, that upon death of a Government servant having occurred if a person applying is a minor then that person cannot be considered for a job on the ground of compassionate appointment. To this extent the judgment on the petition, the Court is afraid, is in-error. 4: There is a Government Circular No. 3/C/20-30/88 Ka. 6817 dated 25 May,1989. It is reproduced :fo"k;%& lsokdky esa e`r ljdkjh lsodksads vkfJrksa dks oxZ&3 ,oa oxZ&4 ds inksa ij vuqdEik ds vk/kkj ij fu;qfDrdh izf...
Tag this Judgment!Rabia Khatoon Vs. State of Bihar and ors.
Court: Patna
Decided on: Apr-03-2003
Aftab Alam, J. 1. Heard Mr. Arvind Kumar Verma, counsel appearing for the petitioner and Mr. S. S. Asghar Husain, Senior Advocate appearing for contesting respondent No. 5. 2. This writ petition arises from a preemption proceeding. The petitioner before this Court is the purchaser and respondent No. 5 is the pre-emptor. The claim for preemption was initially allowed by the D.C.L.R. by his order, dated 17-11-1999 (Annexure 4J. The petitioner's appeal and revision too were rejected by the Addl. Collector and the Board of Revenue respectively by orders. dated 18-3-2002 (Annexure-5) and 4-12-2002 (Annexure-6). 3. The petitioner has come to this Court challenging the aforesaid three orders and on hearing counsel for the parties, it becomes evident that this writ petition must be allowed on a short point: The sale deed with respect to the land in dispute was executed on 24-11-1998. Arid the petition for pre-emption was filed by respondent No. 5 on 23-8-99. But it is an admitted position th...
Tag this Judgment!Madan Paswan Vs. State of Bihar
Court: Patna
Decided on: Apr-03-2003
Chandra Mohan Prasad, J.1. This appeal is directed against the judgment dated 17.10.2001 of the Presiding Officer, Fast Track Additional Court No. II, Patna in Session Trial No. 876 of 1989/1978 of 2001, whereby the appellant has been convicted Under Section 304B of the Indian Penal Code and Section 4 of the Dowry Prohibition Act and sentenced respectively to undergo R.I. for ten years and one year under the said sections.2. It appears that including the appellant originally there were four accused persons before the learned trial Judge and they all were charged Under Sections 302/34, 201 and 304B of the Indian Penal Code and 3/5 of the Dowry Prohibition Act but after trial the other three accused persons were acquitted of all the charges and the appellant was also acquitted of the charge Under Section 201 of the I.P.C. but he has been convicted and sentenced as indicated above.3. The prosecution story as set out in the Fardbeyan of the informant Arjun Paswan is that he had married hi...
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