Patna Court September 2003 Judgments
Ranjeet Singh @ Ranjeet Kumar Singh and anr. Vs. State of Bihar and or ...
Court: Patna
Decided on: Sep-26-2003
R.N. Prasad, J. 1. The petitioners have challenged the requisition for convening the special meeting dated 22-5-2003, Annexure 4, and also letter No. 57 dated 1 -6-2003 issued by the respondent No. 3 convening the special meeting of Aurangabad Zila Parishad, Annexure 9. 2. Petitioner No. 1 was elected Chairman and petitioner No. 2 was elected Vice-Chairman of the Aurangabad Zila Parishad on 10-6-2001. Since then they have been working as Chairman and Vice Chairman of the Zila Parishad. On 22-11-2001 some members of the Zila Parishad filed a petition expressing no confidence in the petitioners and requested for convening the special meeting. The special meeting was convened on 6-12-2001 and after voting the no confidence motion failed. On 22-5-2003 sixteen members of the Aurangabad Zila Parishad filed a petition before the petitioner Nos. 1 stating reasons for expressing no confidence in the Chairman and Vice-Chairman, the petitioners, and requested to convene the special meeting, An...
Tag this Judgment!Bhola Sharma and ors. Vs. State of Bihar and ors.
Court: Patna
Decided on: Sep-26-2003
1. This writ petition arises from a proceeding under Section 48-D of the Bihar Tenancy Act ('the Act' for short). The petitioners filed application for declaration of their status as tenant with respect to the land in question claiming to have acquired occupancy right as under-raiyat, before the Anchal Adhikari, Bhawanipur, the Collector under the Act for the purpose of Section 48-D. The said application was allowed after inquiry etc. on 15-5-2000. Against the order Paras Nath Mishra, Anku Kumari and Anshu Kumari preferred appeal before the Sub-divisional Officer, Dhamdaha, By order dated 4-4-2002 the appeal was allowed and the order of the Anchal Adhikari, Bhawanipur was set aside, The petitioners have approached this Court for quashing the order of the Sub-Divisional Officer.2. The Sub-Divisional Officer, inter alia, held that should the petitioners so desire, to prove their possession over the land in question, they may file application under Section 48-E of the Act whereafter alon...
Tag this Judgment!Janak Singh Vs. Ram Das Rai and ors.
Court: Patna
Decided on: Sep-26-2003
P.K. Deb, J. 1. This petition has been filed under Sections 80, 80A and 81 of the Representation of People Act, 1951 (hereinafter referred to as the 'Act') questioning the election of returned candidate, namely, Ram Das Rai, in the State Assembly Election of 38 Saraiya Assembly constituency which was held in the month of February, 2000. 2. The petitioner was one of the contesting candidates in the State Assembly General Election from 38 Saraiya Assembly Constituency which took place on 17-2-2000. The present election petition has been filed calling in question on various grounds having non-compliance of various provisions and rules of the Act and also non-compliance of the directions given by the Election Commission of India as contemplated under Article 324 of the Constitution of India. But the main ground of challenge is miscounting of ballot papers and on that ground it has been submitted that respondent No. 1 was shown to have secured more votes on poll and had been illegally de...
Tag this Judgment!Parle Biscuits (P) Ltd. Vs. the State of Bihar and ors.
Court: Patna
Decided on: Sep-24-2003
Nagendra Rai and R.S. Garg, JJ.1. The petitioner, a company registered under the Indian Companies Act, 1956, has filed the present writ application for a direction to the respondents-authorities not to enforce Notification S.O, No. 154 dated 28-1-1985 issued under proviso to Section 13(1) of the Bihar Finance Act (hereinafter referred to as the Act) in relation to sale and purchase of packing materials by it which is covered by Section 13(1) (e) inserted in the Act by Bihar Finance Amendment Act, 1985 with effect from 1-8-1985. Prayer has also been made for quashing the order of Deputy Commissioner of Commercial Taxes, Pafna City, Patna, respondent No. 3, dated 7-4-2003 whereby prayer made on behalf of the petitioner to include in column 13 of the registration certificate the packing materials made out of papers, have been rejected. A copy of the aforesaid Notification and a copy of the order dated 7-4-2003 have been annexed as Annexures-6 and 5 respectively to the writ application.2....
Tag this Judgment!Prabhu Nath Sah @ Prabhu Nath Prasad and ors. Vs. Siya Ram Sah and anr ...
Court: Patna
Decided on: Sep-22-2003
P.K. Deb, J. 1. This appeal has been preferred by the defendants of Title Suit No. 86 of 1973 against the judgment and decree passed by the Munsif, East Court, Sitamarhi, in the abovementioned Title Suit and also being confirmed by the 1st Additional District Judge, Sitamarhi, in Title Appeal No. 7/23 of 1985/88. 2. The suit was a simple suit for specific performance of contract on the basis of a Mahadanama dated 18-3-1973 which was an unregistered one being executed by defendant No. 1 in favour of the original plaintiff Ram Chandra Prasad. They were brothers. It is the case of the plaintiff that as the defendant No. 1 his brother became indebted for payment on the basis of a hand note and on other expenses for treatment towards ailment, he made a proposal to sell the suit land to the original plaintiff for a sum of Rs. 3,500/- out of which payments have been made towards the consideration amount from the side of the plaintiff Rs. 2,041/- and it was promised that on payment of balan...
Tag this Judgment!Renu Kumari and ors. Vs. State of Bihar and ors.
Court: Patna
Decided on: Sep-17-2003
Narayan Roy, J.1. Heard counsel for the parties and considered the counter-affidavit filed on behalf of the respondents.2. This writ application is directed against the order dated 17-4-2000 issued vide Memo No. 3294 as contained in Annexure 1 whereby and whereunder the petitioners have been punished by withholding their three annual increments with cumulative effect.3. It appears from the pleadings of the parties that all these four petitioners initially were put under suspension vide order as contained in Annexure 2 dated 10-1-2000 as they were found absent from the school on surprise inspection made by the District Magistrate, Patna. Formal show cause notices were issued to the petitioners and the authorities considering their show cause, passed the order impugned as contained in Annexure 1. Learned counsel for the petitioners submitted that no departmental proceeding was initiated against the petitioners nor the charges were served upon them for which they have been found guilty a...
Tag this Judgment!Rangila Choudhary Vs. the State of Bihar
Court: Patna
Decided on: Sep-16-2003
I.P. Singh, J.1. The sole appellant has been Convicted under Section 366Aand 376 of the IPC and was sentenced to undergo R.I. for five years with a fine ofRs. 500/- and further sentenced to undergo RI for seven years with a fine of Rs. 500/for the offence under Section 376 of the IPC. However, both the sentences wereordered to run concurrently.2. The prosecution case, in short is that on 16-10-1998 Marachhi Devi, the daughter of the informant, was married with one Pahari Choudhary. It has been further alleged that on 10-10-1998 the appellants/Rangila, Choudhary, Hiram Choudhary and Nagendra Choudhary, kidnapped his daughter who was aged about 13 years. It has further been alleged that while she was taken by the accused persons she took away a box containing ornaments, clothes and cash worth Rs. 2000/-. According to the report his daughter was minor and as such she had no maturity of understanding of good or bad. She was kidnapped for selling her or to remarry or to force her to do an...
Tag this Judgment!Mahesh Choubey and ors. Vs. State of Bihar and ors.
Court: Patna
Decided on: Sep-15-2003
Narayan Roy, J.1. Heard Counsel for the parties.2. This writ application has been directed against the order, as contained in Annexure-33, whereby and whereunder the petitioners have been terminated from services.3. The facts of this case lay in narrow compass.4. According to the case of the petitioners, the State Government decided to fill up 50% vacancies in different high schools, and the Regional Deputy Director of Education, Patna Division, Patna, appointed the petitioners as Assistant Teachers in Shaheed Rajendra Prasad Singh Government High School, Gardanibagh, Patna, in between 1982 to 1989 vide different notifications on ad hoc basis for a period of three months and due approval of the Director, Secondary Education, Government of Bihar, was obtained. The period of appointment was, however, extended from time to time with due permission of the Director and thus, the petitioners continued to work on the post of Assistant Teachers in the school for more than ten years and for th...
Tag this Judgment!Mundrika Singh Yadav Vs. Shiv Bachan Yadav and ors.
Court: Patna
Decided on: Sep-15-2003
M.L. Visa, J.1. By this application under Sections 80, 80A and 81 of the Representation of People Act, 1951 (hereinafter referred to as the Act) the election petitioner has called in question the election of a returned candidate named Shri Shiv Bachan Yadav (Respondent No. 1) from 243 Kurtha Assembly Constituency in the State of Bihar the election of which was held in the month of February, 2000.2. The case of petitioner, in short, is that he was one of the contesting candidates in the election from 243 Kurtha Assembly Constituency in the State of Bihar the election of which was held in the month of February, 2000 (hereinafter referred to as the election in question). The then Additional District Magistrate, Jehanabad, namely, Shri G.L. Das was the Returning Officer in the election in question and he issued an election programme giving relevant dates for the election in question as follows: (i) Last date for filing of nomination papers 24-1-2000(ii) The date of scrutiny of nomination ...
Tag this Judgment!Sergeant Jha A.K. 659869-b, Flt. Engr. Vs. Union of India (Uoi) and or ...
Court: Patna
Decided on: Sep-12-2003
S.N. Jha and B.N.P. Singh, JJ.1. This writ petition has been filed for quashing the policy decision contained in Air Hqrs. memo dated 12-9-1991 laying down principles and guidelines for promotion of Flight Engineers, and for a direction to promote the petitioner from the post of Flight Engineer-II to the post of Flight Engineer-I.2. Although it is not necessary to set out the facts of the case in view of short point on which this writ petition is fit to be disposed of, it may be mentioned that the petitioner joined Indian Air Force, Engineering Technical Trade, on 23-8-1977. He was promoted to the rank of Corporal on 2-2-1983. He volunteered for Flight Engineering duties and was made Acting Sergeant (Flight Engineer-II) on 5th March, 1987. He was promoted to the rank of Sub. Sergeant with effect from 6th March, 1987.3. The petitioner made a grievance relating to his promotion to the post of Flight Engineer-I by filing representation on 4-4-1991 before the Detachment Commander, Air For...
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