Patna Court July 2004 Judgments
Md. Mustaque Vs. State of Bihar and ors.
Court: Patna
Decided on: Jul-15-2004
Ravi S. Dhavan, C.J. 1. This issue raises an important point on what actually should be the content of local self Government with civic functions. What is urbanisation about? Is it not a civic function with local self Government? It is local Government by the people, for the people and of the people. The attack in the present petition is on the Bihar Regional Development Authority Act, 1981.2. As long as 73rd and 74th amendments to the Constitution had not arrived, the encouragement to even debate such issues was not available. Not a single argument has been advanced to resist the proposition that the content of the development authority within the area of a municipality has to with elected representatives. If the Government is local Government in its content then why should peoples representatives be eliminated in participating in municipal Government.3. Circumstances of the set up which has been structured in Bihar (and Uttar Pradesh) will be better understood in its back ground. Th...
Tag this Judgment!Ratan Kumar Kejriwal and ors. Vs. State of Bihar
Court: Patna
Decided on: Jul-15-2004
Chandramauli Kr. Prasad, J. 1. This application has been filed for quashing the order dated 30th July, 2002 passed by the Additional Sessions Judge, Fast Track Court No. I. Darbhanga in Sessions Trial No. 266 of 1997 whereby the prayer of the petitioner for discharge has been rejected holding that the material prima facie constitute offence for framing charges under Sections 304. Part II, 120B and 287 of the Indian Penal Code. 2. On the basis of a report given by one Sharwan Kumar, Darbhanga Sadar P.S. Case No. 41 of 1989 was registered under Sections 287 and 304 of the Indian Penal Code. Police after investigation submitted charge-sheet against the petitioners under Sections 287, 302 and 120B/34 of the Indian Penal Code. Charge-sheet was laid before the Chief Judicial Magistrate who by order dated 12-12-1995 took cognizance of the offence under Sections 287, 302 and 120B/34 of the Indian Penal Code and transferred the case to another Magistrate for commitment. The case was ultimatel...
Tag this Judgment!Telecommunication and Others Vs. Nasim Ahsan
Court: Bihar State Consumer Disputes Redressal Commission SCDRC Patna
Decided on: Jul-15-2004
D.P.S. Choudhary, President: 1. This appeal has been heard ex parte as the respondent did not appear in spite of the notice. O.P. has preferred the appeal against the order dated 10.12.2002 passed in Complaint Case No. 36/2001 by District Forum, Begusarai whereby and whereunder the appellant has been directed to provide fresh connection after restoring telephone connection No. 2748 and after issuing revised bills and further directed to pay compensation of Rs. 5,000/- to the complainant. 2. The brief fact of the case is that complainant has telephone connection Nos. 2223 and 4275, which was changed to No. 2675, and again it was changed to 2748. His allegation is that he was getting inflated and wrong bills for telephone No. 2223 with respect to bills dated 1.4.1994, 1.10.1994 and 1.4.1996 for Rs. 4,307/-. His telephone line was disconnected for non-payment on 25.9.1996 but he was getting bills regularly. About telephone No. 4275 it is alleged that this number was changed to 2748 but he...
Tag this Judgment!Smt. Kusum Devi Vs. State of Bihar and ors.
Court: Patna
Decided on: Jul-14-2004
Narayan Roy J. 1. Heard counsel for the parties. 2. This writ application is directed against the order, issued vide memo No. 2272 dated 9th December, 2000, as contained in annexure 8, whereby and whereunder the prayer of the petitioner to correct her date of birth in the matriculation certificate from 7th April, 1974 to 7th April, 1971 has been rejected. 3. It is submitted by learned counsel for the petitioner that in all the records, the date of birth of the petitioner has been mentioned as 7th April, 1971 including that of the School Register and admit card, but somehow or the other, her date of birth has wrongly been mentioned in matriculation certificate as '7th April, 1974.' It is further submitted that no sooner the petitioner received the matriculation certificate in the year 1995, when she passed her matriculation examination in the year 1990, she immediately applied to the respondent Board to correct her date of birth as in the college record her date of birth was recorded ...
Tag this Judgment!Ajay Kumar Singh Vs. State of Bihar and ors.
Court: Patna
Decided on: Jul-14-2004
Chandramauli Kumar Prasad, J. 1. This application has been filed for quashing the order dated 20.12.2002 passed by the Munsif, Ist, Munger in Misc. Case (Election Petition) No. 21 of 2001 whereby it had directed for recounting of the votes. 2. Short facts giving rise to the present application are that the petitioner as also respondent No. 5 were candidates for. election to the office of the Mukhiya of Mokwa Gram Panchayat within Tarapur Block of Munger District, The election was held on 15.4.2001 in which the petitioner was declared elected and a certificate to that effect was given to him. Respondent No. 5 challenged his election by filing election petition before the Munsif which was registered as Misc. Case (Election Petition) No. 21 of 2001. During the pendency of the said election petition, Respondent No. 5, hereinafter referred to as the election petitioner, filed application for recounting of the votes. Petitioner, hereinafter referred to as the returned candidate, filed rejo...
Tag this Judgment!Chinta Devi Vs. State of Bihar and ors.
Court: Patna
Decided on: Jul-14-2004
Chandramauli Kr. Prasad, J. 1. This application has been filed for quashing the resolution dated 7.1.2003 of the Panchayat Samiti, Tarari whereby motion of no confidence has been carried out against the petitioner.2. Shorn of unnecessary details facts giving rise to the present application are that the petitioner happens to be the Pramukh of Panchayat Samiti, Tarari. A requisition to convene the special meeting to consider the no confidence motion was given to her. For one or the other reasons, she did not convene the special meeting and thereafter 13 members decided to call the meeting on 31.12.2002 and requested the Executive Officer of the Panchayat Samiti to issue notice. In compliance of the said order, the Executive Officer of the Panchayat Samiti sent notice dated 1.1 2003 intimating to the members that 7.1.2003 is the date fixed for holding the special meeting to consider the no confidence motion against the petitioner The meeting as directed was held and no confidence motion ...
Tag this Judgment!Chhedan Mahto Vs. State of Bihar and ors.
Court: Patna
Decided on: Jul-14-2004
Narayan Roy, J. 1. Heard counsel for the parties.2. This writ application is directed against order dated 2.9.2000, issued under memo No. 265-2, as contained in annexure 1.3. It is submitted by learned counsel for the petitioner that the petitioner was engaged as boat care taker by virtue of the order, as contained in annexure 3 dated 26.9.1997 on daily wages and thereafter the petitioner continued to work as boat care taker and by the order impugned he has been terminated.4. Learned Counsellor the petitioner has tried to impress upon the Court that the appointment of the petitioner as boat care taker was on regular basis and against a scale and, therefore, he could have been terminated only in accordance with the procedures known to law. It is also submitted that the wages of the petitioner are also due.5. From the materials on record, it appears that the petitioner was engaged on daily wages and his wages were paid and vide order dated 20th December, 1999 this petitioner was direct...
Tag this Judgment!Sheo Shankar Singh Vs. State of Bihar and ors.
Court: Patna
Decided on: Jul-14-2004
Narayan Roy, J.1. Heard learned counsel for the petitioner and JC to SC 9 for the respondents and considered the counter affidavit.2. The grievance of the writ petitioner is that though his date of birth as recorded in the matriculation certificate is 3.1.1944, the authorities forced him to superannuate in the month of July 2001.3. According to the case of the respondents, the date of birth of the petitioner has been recorded in the service book as 1943, as details were not furnished at the time of his entry in service.4. According to the case of the respondents, the petitioner could have superannuated by the end of the year i.e. by 31st December, 2001 after attaining the age of 58 years. But, somehow or the other, he was forced to superannuate in the month of July 2001 itself.5. If the date of birth of a Government Servant is not recorded in detail and only the year, is shown in the service book, then he would retire after completion of his tenure by the end of the year, but, admitte...
Tag this Judgment!Lic of India and Another Vs. Manju Devi
Court: Bihar State Consumer Disputes Redressal Commission SCDRC Patna
Decided on: Jul-14-2004
D.P.S. Choudhary, President: 1. Appellant is the O.P. (Life Insurance Corporation of India) which has preferred the appeal against the order dated 28.2.2003 passed by District Forum, Bhojpur at Ara in Complaint Case No. 132/2002 directing the appellant to pay the complainant the double accident benefit claim of Rs. one lac with interest thereon @ 9% per annum and further allowed cost of Rs. 1,000/-. 2. The brief fact of the case is that complainant who is widow of the life assured alleged in the complaint petition that her husband was assured under the policy on his life for Rs. one lac. Her husband died while driving a bus on 23.11.2000. He was a bus driver. She made claim with the L.I.C. under the policy but she received the sum assured with bonus after a period of one year but the L.I.C. did not pay the double accident benefit claim in spite of all efforts. Accordingly she filed the complaint and claimed that there is deficiency in service of the L.I.C. and made a claim of Rs. one l...
Tag this Judgment!Birendra Lal Srivastava and ors. Vs. State of Bihar and ors.
Court: Patna
Decided on: Jul-13-2004
Narayan Roy, J.1. Heard counsel for the parties.2. This pertains to appointment of the petitioner on the post of Van Chalak.3. It is submitted by learned counsel for the petitioners that pursuant to advertisement No. 32 of 1997, the petitioners since were eligible, had applied for the post and the petitioners and other eligible persons were subject to certain tests and a selection list was prepared and certain names were recommended to the State Government for appointment on the post of Van Chalak and on the basis of the recommendation petitioner Nos. 1 to 9 and 11 now have been appointed on the respective posts. But so far petitioner Nos. 10 and 12 are concerned, they have not been appointed. It is further submitted by learned counsel for the petitioners that initially all these petitioners and others were recommended by the Bihar Public Service Commission (hereinafter to be referred to as Commission), but owing to lesser number of vacancies and keeping in view the roster clearance e...
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