Patna Court December 2004 Judgments
Zaheen Fatima and anr. Vs. the Bihar Intermediate Education Council an ...
Court: Patna
Decided on: Dec-13-2004
Navin Sinha, J. 1. Heard learned counsel for the petitioners and learned Advocate General appearing on behalf of the Bihar Intermediate Education Council.2. The two petitioners herein who appeared at the annual Intermediate Examination, 2004 seek the relief of mandamus commanding the respondents to re-evaluate their answer books of all the papers since they reasonably believe that they have been awarded lesser marks than their expectations. Learned counsel for the petitioners very fairly stated that pleadings in the writ application with regard to the petitioners having approached the respondent council with their grievances was extremely vague.3. There is no material before this Court to arrive at any conclusion that the petitioners did resort to their statutory remedies before the respondent council within the time stipulated prior to approaching this Court.4. Learned Advocate General appearing on behalf of the respondent council submits that in accordance with Rule 13 sub rule 17(a...
Tag this Judgment!Dinesh Kumar Singh Vs. the State of Bihar and anr.
Court: Patna
Decided on: Dec-13-2004
R.S. Garg, J. 1. Heard learned counsel for the parties.2. On 29.4.2003 this Court disposed of CWJC No. 587 of 2003 with the direction that within a period of two months from the date of receipt of the copy of the order the District Magistrate shall pass final orders after giving due opportunity of hearing to the petitioner. The petitioner submitted the copy of the order on 23.5.2003, unfortunately nothing was done. Thereafter the present contempt application was filed. The District Magistrate has filed his show cause along with a copy of the order dated 9.9.2003. The petitioner still says that in accordance with the direction of the High Court opportunity of hearing was not afforded to the petitioner and as such the order is bad.3. From Annexure 8 it appears that the matter was taken up on 9.8.2003-and thereafter on 26.8.2003 it was adjourned to 2.9.2003. On 2.9.2003 the Court could not be conducted because of the flood and the matter was adjourned to 9.9.2003. From the records it doe...
Tag this Judgment!Vikram Kumar and anr. Vs. State of Bihar and ors.
Court: Patna
Decided on: Dec-13-2004
Narayan Roy, J. 1. Heard counsel for the parties and considered the counter affidavit and reply to the counter affidavit filed on behalf of the parties.2. This writ application has been filed for issuance of a direction upon the respondents Bihar Intermediate Education Council, Patna (hereinafter referred to as Bihar Intermediate Council) to allow petitioner No. 1 to appear in annual examination of Sessions 2003-2005 after accepting his fees and forms.3. Petitioner No. 1 is a student of Nalanda Shodh Sansthan Evam Mahavidyalaya (Intermediate Section) hereinafter referred to as Mahavidyalaya). According to the case of the petitioners, petitioner no. 1 was admitted in Mahavidyalaya in intermediate course but he is not being allowed to appear in the annual examination for the Sessions 2003-2005 as his fees and forms are not being accepted whereas according to the case of Bihar Intermediate Council, the Mahavidyalaya in question has not been recognized by it and in that view of the matter...
Tag this Judgment!Sushila Devi Vs. the State of Bihar and ors.
Court: Patna
Decided on: Dec-13-2004
Aftab Alam, J.1. One Hare Ram Sah was a constable in Bihar Police. He was allotted Brass No. 385. At the material time, he was attached as body-guard to the Dy. Supdt. of Police (Town), Bhagalpur. On 20.8.1993, while with the Dy. Supdt. of Police, he was killed in an encounter with criminals. On that date, the slain police constable, like all other police personnel in the State, was covered by an insurance policy taken out by the Director General and Inspector General of Police, Bihar. Under the policy, a constable was, insured against accidental death for rupees one lakh. Therefore, on Hare Ram Sah, getting killed by criminals his nominee should have got the insured amount. But the information with regard to his killing was not given to the Insurance Company within the time stipulated in the conditions to the policy; the information was given to the insurance company several months after the policy had lapsed and on that ground the insurer rejected the claim. The petitioner, who clai...
Tag this Judgment!Singh Brothers Vs. State of Bihar and ors.
Court: Patna
Decided on: Dec-13-2004
Aftab Alam, J.1. Heard Mr. N. K. Agrawal, Senior Advocate appearing for the petitioner and Mr. Alamdar Husain, S. C. VI representing the State.2. The petitioner holds a wholesale dealer's licence for Kerosene oil. He came to this Court with the grievance that though his licence was subsisting (it was neither suspended nor cancelled by the competent licensing authority), the allotment of monthly quota of K. oil was stopped in his favour by an order passed by the Collector, Saran under his memo No. 427, dated 24-6-2003 (Annexure 3). Mr. Agrawal strongly contended that the direction to stop the allotment of monthly quota of K. oil to the petitioner even though his licence was subsisting was ex facie bad and illegal and called for an interference by this Court.3. Counter affidavits are filed in this case but unfortunately, care was not taken to state the facts accurately. In the counter affidavit filed on behalf of the Collector, Saran that was affidavited by the Dist. Supply Officer, it ...
Tag this Judgment!Sukilal Mistri and ors. Vs. Harilal Mistri
Court: Patna
Decided on: Dec-10-2004
S.N. Hussain, J. 1. Heard learned counsel for the parties.2. The petitioners were plaintiffs of Title Suit No. 418/1992 which was filed for declaration of title and other consequential reliefs. 3. The petitioners are aggrieved by order dated 26.9.2003 passed in Misc. Case No. 83/1994 by which the learned Munsif, Araria, has set aside the decree dated 3.5-.1994 passed in the aforesaid suit in terms of compromise arrived at between the parties.4. The learned counsel for the plaintiffs-petitioners submits that in the said suit a compromise petition was filed duly signed by all the parties concerned whereafter the defendant-opposite party also deposed as DW 1 on 3.5.1994 (Annexure-3/1) stating that the suit has already been compromised and he has signed and filed the compromise petition, according to his own free will. Thereafter, a decree of compromise was passed by the learned Court below on 3.5.1994 itself. This decree was challenged later by the said defendant who filed Misc. Case No....
Tag this Judgment!Union of India (Uoi) Through General Manager, North Eastern Railway Vs ...
Court: Patna
Decided on: Dec-09-2004
S.K. Katriar, J.1. The Indian Railways have preferred this appeal under Section 23 of the Railway Claims Tribunal Act, 1987 and is directed against the judgment dated 11.10.1999, passed by the learned Member (Technical), Railway Claims Tribunal, Ahedabad (Sic.) Bench at Patna, in Claim Application No. O.A. 9700208 Malti Kunwar v. Union of India, in terms of Section 124A of Railways Act, 1989 (hereinafter to be referred to as '1989 Act') whereby a sum of Rs. 2,00,000 have been awarded to the claimant with interest in the manner indicated in the order.2. We shall go by the description of the parties occurring in the claim case. Subhash Prasad (since deceased), the husband of the applicant (the respondent herein), was a G.R.P. constable at Raxaul Station. While in discharge of the duty, he was escorting 375 Up Darbhanga-Narkatiagunj Passenger Train, he accidentally fell down from the running train on 11.5.1997 and died on he spot. He was a part of the escort party for the protection of t...
Tag this Judgment!Sujay Chandra Kishore Vs. State of Bihar and ors.
Court: Patna
Decided on: Dec-09-2004
Narayan Roy, J.1. Heard counsel for the parties.2. This writ application is directed against the order of punishment as contained in Annexure 9 and Annexure 11 dated 2.2.1998 and 29.1.1999 whereby and whereunder certain punishments have been imposed upon the petitioner in a departmental proceeding and appeal filed by the petitioner against the order of punishment has been dismissed, respectively.3. It appears that the petitioner was proceeded against departmentally and he was put under suspension. However, subsequently the order of suspension was revoked and the matter was inquired into by the enquiry officer. The enquiry officer submitted his report saying that the charges have partially been proved against the petitioner. The disciplinary authority thereafter entrusted enquiry to a flying squad. The flying squad thereafter submitted its enquiry report saying that all the charges levelled against the petitioner have been substantiated and those are found to be proved. The disciplinar...
Tag this Judgment!Md. Alam Vs. the State of Bihar and ors.
Court: Patna
Decided on: Dec-09-2004
Chandramauli Kr. Prasad, J. 1. This application has been filed for quashing the order dated 9th of August, 1999 passed by the District Education Officer, West Champaran (Annexure-1), whereby the service of the petitioner as Clerk has been terminated.2. Short facts giving rise to the present application are that by order dated 18th November, 1991 petitioner was appointed as Clerk on a purely temporary basis till regular appointment and posted at Baidyanath High School, Jagapatti, West Champaran. Petitioner was served with the show cause notice dated 2.12.1998 (Annexure-3) asking him to show cause as to why his services be not terminated. It is the stand of the petitioner that in pursuance of the said show cause notice he submitted his explanation and sent the same to the District Education Officer, West Champaran under certificate of posting on 4.1.1999. Thereafter the petitioner was served with another show cause notice dated 10.4.1999 informing him that in response to the earlier sho...
Tag this Judgment!Sri Ram Janki Sahkari Girih Nirman Samiti Ltd. Vs. Maksudpur Institute ...
Court: Patna
Decided on: Dec-08-2004
S.N. Hussain, J. 1. These two civil revision petitions are being heard and decided together as both of them have been filed by two different defendants against the same order dated 5.7.2003 passed in Title Suit No. 653 of 1987 by which the learned Sub-Judge IV, Patna, has allowed the petition of Opposite Party No. 1 under Order I, Rule 10, CPC and it was directed to be added as plaintiff in the suit.2. The short fact of this case is that the aforesaid Title Suit No. 653 of 1987 was filed by Ram Kishore Prasad Narain Singh (original plaintiff) for declaration that he was a co-sharer to the extent of 1/6th share in the suit property and was in joint possession thereof and for other ancillary reliefs. However, the said sold original plaintiff died on 15.3.2001 but none of his Class-I, heirs come forward for being substituted nor any notice of the suit was sent to them. Later, on 11.6.2001 a petition under Order I, Rule 10, CPC was filed by O.P. No. 1, namely, Maksudpur Institute of Resea...
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