Court : Patna
R.N. Prasad, J. 1. The petitioner was appointed on the post of Constable on 27.11.1968. At the relevant time he had already passed matriculation examination. The certificate, Annexure-2, shows that his date of birth was 9.1.1947. The petitioner was doing his job. In the year 1972 the petitioner was asked to produce matriculation certificate vide Annexure-4. According to the petitioner he produced original matriculation certificate and also filed an application to the aforesaid effect. Subsequently, in the year 1980 again original matriculation certificate was called from the petitioner. According to him he again produced the matriculation certificate. However, the petitioner was served with a notice dated 19.9.2002 intimating that he was to superannuate with effect from 30.11.2003, Annexure 7. The petitioner has challenged Annexure-7 in this writ petition. The contention of learned counsel for the petitioner is that the petitioner has passed matriculation examination before his appoi...
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Radha Mohan Prasad, J. 1. In this writ petition, the petitioner-Corporation has assailed the validity of the resolution of the State of Jharkhand dated 23.3.2002, contained in Annexure 8, establishing the Jharkhand State Forest Development Corporation Limited and the certificate of incorporation of the said Corporation issued by the Registrar of Companies, Jharkhand on 27 March, 2002 vide Annexure 9.2. The petitioner-Corporation is incorporated under the provisions of the Companies Act vide Registration No. 1193 dated 10.2.1975 with an authorised capital of Rs. Five hundred lacks, out of which the share of the State of Bihar is 51% and 49% is of the Government of India. According to the petitioner, in almost all the States of Union of India such Corporations were established as per the recommendation of the National Commission on Agriculture with objects to : (i) accelerate and increase forest production and productivity; (ii) contribute to better utilisation of forestry products incl...
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Radha Mohan Prasad, J. 1. In this writ petition, the petitioner has challenged the selection/ appointment of Respondent Nos. 6 to 8 as retail outlet dealer for S.K.O./L.D.O. at Brahmpur (Ramgarh), District-Buxar and further prayed to select/appoint him in their place.2. The petitioner's case, in brief, is that Indian Oil Corporation through an advertisement published in daily newspaper 'Hindustan' on 31.10.1999 (Annexure-1) invited quotation from interested persons for outright sale/long term lease of their land at Brahmpur in the district of Buxar for the purpose of extending its business and pursuant to that petitioner's father Sri Jagdish Pandey filed quotation before the Corporation to give his land on lease for a period of 30 years with an option of further renewal of 30 years after the expiry of the lease, which was accepted by the Corporation and thereafter on 31.12.1999 father of the petitioner handed over the possession of the land measuring about 9176 sq. ft. appertaining to...
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Nagendra Rai, J. 1. The points involved in both the writ applications are one and the same and as such they have been heard together and are being disposed of by a common judgment.2. The petitioners In both the cases have challenged the validity of the amended provision of Rule 45(b) of the Bihar Sales Tax Rules, 1983 (hereinafter referred to as the Rules) as amended by the Notification No. SO 43, dated 1st February, 2000.3. The petitioner No. 1 in CWJC No. 8582 of 2001 is a Public Limited Company and is engaged in manufacturing cigarettes etc. One of its cigarette factories is located at Munger in the State of Bihar. It is registered as a dealer under the Bihar Finance Act (hereinafter referred to as the Act) and under the Central Sales Tax Act. The raw materials and other inputs for manufacture of cigarettes including packing materials are purchased outside the State of Bihar and brought in the factory at Munger in course of inter state trade and commerce or by way of stock transfe...
Tag this Judgment!Court : Patna
1. Heard learned counsel for the parties.2. The petitioner posted as Sub-Judge, Muzaffarpur, being aggrieved by the order, dated 8th May, 2001, sent by the then Registrar General, High Court of Judicature at Patna, informing the petitioner that in view of the decision of the High Court he ceased to be member of Judicial Services of the State on completion of age of 58 years, has now come to this Court, inter alia, submitting that non-grant of extension is bad, the petitioner who was earlier held to be utile in law by proving his utility and as from the counter it would clearly appear that for the period between 1990-1991 up to the date of his superannuation he always earned a good and satisfactory remarks, the extension could not be refused. It is contended by the petitioner that the non-communicated entries of the service career have been taken into consideration to reject his claim and even otherwise there no material was available against the interest of the petitioner to give a w...
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1. Heard learned counsel for the parties.2. The petitioner, Surajbansh Prasad, who was posted as Sub Judge I-cum-Additional Chief Judicial Magistrate, Sheikhpura, after receiving the order, contained in Annexure 1, bearing No. 5208/Adm. (Apptt)/XIX-29-2000, dated 08th May, 2001, informing him that in view of the decision of the Evaluation Committee of the Court he shall cease to be a member of the Judicial Services of the State on completion of age of 58 years, has now come to this Court, inter alia, submitting that in his case extension ought to have been granted, for a period of two years.3. It appears that the petitioner has come to this Court in a very high esteem as in his self appraisal he has a high ranks and worked hard and, as such, he could not be refused the extension.4. Undisputedly, the petitioner joined the Judicial Services in the/year 1975 as Magistrate, II Class. He got his due promotions time to time and became Sub-divisional Judicial Magistrate. In August, 1996, he...
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S.K. Katriar, J. 1. Heard Mr. Ahsanuddin Amanullah for the petitioner, Mr. Rampriya Sharan Singh, learned JC to AAG I for respondent Nos. 1 to 13, Mr. Rana Ravindra Kumar Singh for respondent No. 15 and Mr. Pashupati Narayan Singh for respondent Nos. 16 and 17. This writ petition is directed against the order dated 12.3.2003/25.3.2003 (Annexure 17), passed by the learned Secretary, Department of Fisheries & Animal Husbandry, Govt. of Bihar, in file No. Fisheries Settlement 148/2002 (Shree Chander Sahani v. District Fisheries Officer, Darbhanga and Ors.), whereby fishery settlement in favour of the petitioner for the period 1.4.20Q2 to 31.3.2005 has been set aside, and has been settled in favour of respondent No. 15.2. This relates to settlement of 35 Jalkars situate in the Eastern Circle of Kusheshwar Asthan, district Darbhanga, for the period 1.4.2002 to 31.3.2005, on a reserve Jama of Rs. 1,21,680/- vide order dated 5.3.2002 (Annexure 1). Possession of the fisheries were made over t...
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1. This application has been filed for quashing the order dated 2-8-2002 passed by the Sub-Divisional Magistrate, Bhabhua in Case No. 133 of 2002 (Annexure-5).2. Respondent No. 4 happens to be the owner of one of the shops in a cluster of shops namely, Sanjay Katra in the town of Bhabhua. He filed application for fixation of rent. According to him respondent No. 5 Sheo Pujan Mishra was his tenant. The Sub-Divisional Magistrate, Bhabhua, by order dated 11-8-2001, on the basis of the purported compromise entered between respondent Nos. 4 and 5, directed the Office-in-charge of Bhaubhua Police Station to break open the lock and hand over the possession of the articles to respondent No. 5. In pursuance of the said order, inventory (Annexure-2) of the articles found in the shop, had been prepared and the shop in question was handed over to the landlord, i.e. respondent No. 4. Petitioner claiming to be the tenant having been inducted after the vacation of the tenanted premises to the origin...
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S.K. Katriar, J.1. Heard Mr. Ahsanuddin Amanullah for the petitioner, Mr. Rampriya Sharan Singh, learned JC to AAG I for respondent Nos. 1 to 13, Mr. Rana Ravindra Kumar Singh for respondent No. 15, and Mr. Pashupati Narayan Singh for respondent Nos. 16 and 17. This writ petition is directed against the order dt. 12.3.2003/25.3.2003, (Annexure 17), passed by learned Secretary Department of Fisheries and Animal Husbandry, Govt. of Bihar in file No. Fisheries Settlement 148/2002 Shree Chander Sahani v. District Fisheries Officer, Darbhanga and Ors., whereby fishery settlement in favour of the petitioner for the period 1.4.2002, to 31.3.2005, has been set aside and has been settled in favour of respondent No. 15.2. This relates to settlement of 35 Jalkars situate in the Eastern Circle of Kusheshwar Asthan, district Darbhanga, for the period 1.4.2002 to 31.3.2005, on a reserve jama of Rs. 1,21,680/-, vide order dated 5.3.2002, (Annexure 1). Possession of the fisheries were made over to th...
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Ravi S. Dhavan, C.J. 1. This matter relates to an issue created on the recruitment of a Junior Engineer (Civil) by the Madhubani Municipality. The petition was filed by one Binod Kumar on the ground that he holds a degree in Civil Engineering and he has been unsuited on the ground that he was over qualified. The learned Judge in his order dated 28 July, 1997 on CWJC. No. 12899 of 1993 was of the view that when a selection to a public post is being made and there is a basic qualification, earlier the qualification, in context, stood as a diploma in Civil Engineering subsequently as a degree in Civil Engineering, there is no such thing as over qualification. The candidates were to be considered on merits. The fact that the petitioner Binod Kumar was unsuited on the ground that he was over qualified was certified to be as incorrect and the Municipality was directed to consider the case afresh of the petitioner along with others on merits.2. Perhaps, respondent No. 3 (Jata Shankar Jha) a...
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