Patna Court July 2004 Judgments
Sumeda Devi and anr. Vs. the State of Bihar and ors.
Court: Patna
Decided on: Jul-13-2004
Aftab Alam, J. 1. Whether the grant of compassionate appointment to the widow of a deceased employee of the Patna Municipal Corporation would dis-entitled the minor son of the deceased employee from getting family pension as provided under the statutory rules? That is the short question that arises for consideration in this case. 2. Petitioner No. 1 is the widowed wife and petitioner No. 2 is the son of the Jagdish Prasad Yadav who worked as Sanitary Inspector in Patna Municipal Corporation, He died after rendering 31 years of service on 8.5.1992, while he was still in service, following the death of Jagdish Prasad Yadav, the Corporation gave appointment to his wife, petitioner No. 1 on compassionate grounds. Petitioner No. 2 who was a minor at the time of death of his father claims family pension under the provisions of the Patna Municipal Corporation (Officers and Servants) Pension Rules, 1986. On behalf of the Corporation, it is contended that having given employment to the widow...
Tag this Judgment!Basudeo Rai Vs. State of Bihar and ors.
Court: Patna
Decided on: Jul-13-2004
Narayan Roy, J. 1. Heard Counsel for the petitioner and JC to GP 8 for the respondents and considered the counter affidavit filed on behalf of respondent No. 5.2. The petitioner seeks direction upon the respondents to regularise his services on the sanctioned post of office orderly in the office of respondent No. 5 and also for release of the arrears as well as current salary of the petitioner, which have been withheld from the date of his joining i.e. 18.11.1997 till date.3. It is submitted by learned counsel for the petitioner that since the petitioner had shown exemplary courage in nabbing a criminal, wherefrom Rs. 87710/- looted amount was recovered, he was appointed on temporary basis to work as a peon by the Regional Deputy Director of Education, Muzaffarpur vide letter, as contained in memo No. 709 dated 30th October, 1996. However, the petitioner was allowed to join the post on 18.11.1997. It is further submitted that till date the petitioner is working on officiating basis, ...
Tag this Judgment!Gopal Jha Vs. Bhubneshwar Jha and ors.
Court: Patna
Decided on: Jul-12-2004
S.K. Katriar, J. 1 The plaintiff is the appellant against judgment of affirmance. This appeal is directed against the judgment and decree dated 29.11.1988, passed by the learned 3rd. Additional District Judge, Saharsa, in title appeal No. 17 of 1981 Gopal Jha v. Bhubneshwar Jha and Ors., whereby he has dismissed the appeal preferred by the plaintiff, and has upheld the judgment and decree dated 27.8.1981, passed by the learned Munsif, Supaul, in title suit No. 1 of 1979 Gopal Jha v. Bhubneshwar Jha and Ors.. We shall go by the description of the parties occurring in the plaint.2. According to the plaint, the plaintiff (the appellant) had purchased the lands in question by a registered deed of absolute sale dated 12.6.1929 (Exhibit-3), from Janak Lal Jha, the father of defendant No. 3 (respondent No. 3, Chandranand Jha). In view of the threat to his title, he instituted the suit for declaration that the registered deed of absolute sale dated 12.6.1929 (Exhibit-3) is a valid document an...
Tag this Judgment!Gopal Jha Vs. Bhubneshwar Jha
Court: Patna
Decided on: Jul-12-2004
S.K. Katriar, J.The plaintiff is the appellant against a judgment of affirmance. This appeal is directed against the judgment and decree dated 29-11-1988, passed by the learned 3rd. Additional District Judge, Saharsa, in Title Appeal No. 17 of 1981 (Gopal Jha v. Bubneshwar Jha), whereby he has dismissed the appeal preferred by the plaintiff, and has upheld the judgment and decree dated 27-8-1981, passed by the learned Munsif, Supaul, in Titles Suit No. 1 of 1979 (Gopal Jha v. Bhubneshwar Jha). We shall go by the description of the parties occurring in the plaint.2. According to the plaint, the plaintiff (the appellant) had purchased the lands in question by a registered deed of absolute sale dated 12-6-1929 (Exhibit-3), from Janak Lal Jha, the father of defendant No. 3 (respondent No. 3, Chandranand Jha). In view of the threat to his title he instituted the suit for declaration that the registered deed of absolute sale dated 12-6-1929 (Exhibit-3) is a valid document and conveys right,...
Tag this Judgment!Md. BashiruddIn and anr. Vs. the State of Bihar and ors.
Court: Patna
Decided on: Jul-12-2004
Chandramauli Kr. Prasad, J. 1. This application has been filed for issuance of a writ in the nature of mandamus commanding the respondents to register the sale deed on payment of the stamp duty, on the valuation as mentioned in the agreement to sell. 2. Shorn of unnecessary details, facts giving rise to the present application are that an agreement to sell dated 12.6.1985 was entered between the petitioners and their vendors namely, Syed Muzarfar Hussain and Md. Zubair in respect of the land appertaining to plot Nos. 552 and 553 having holding No. 37 measuring 8 katha 1 dhoor situated in Mauja Madhubani in the district of Purnea for a consideration of Rs. 24,151/-. Petitioners at the time of agreement paid a sum of Rs. 2000/- as an earnest money and the balance consideration money was to be paid by 30th of September, 1985 and on payment thereof, the vendor agreed to execute and register the sale deed, petitioners' vendor failed to execute and register the sale deed inspite of the pet...
Tag this Judgment!In the Matter Relating to Class of Persons Who Have Not Received their ...
Court: Patna
Decided on: Jul-09-2004
Ravi S. Dhavan, C.J. 1. The Committee which was placed by the Supreme Court to examine the matter relating to payments to be made to employees of government companies and public sector companies has been disbursing the amounts out of Rupees 50 crores in the matters which were placed before it. Without going into details, to the best of its ability and as fast as it could, the Committee discharged its functions. The Committee has also recorded that whereas it felt that an employee concerned was entitled to much more against the payment of his outstanding dues, it had to scale own the amount on a pro rata basis so that the disbursement could be spread equitably amongst those workmen whose cases were under examination. The Committee has indicated in its reports marked to the Chief Justice that the task which was assigned to it has turned out to be much more gigantic than it had ever imagined. That the record was not surfacing because these government companies had violated the law and ha...
Tag this Judgment!Kashi Ram and anr. Vs. State of Bihar
Court: Patna
Decided on: Jul-08-2004
Rajendra Prasad, J. 1. This criminal appeal is directed against the judgment and order dated 23.3.1998 passed in Sessions Trial No. 393/92/30/87 by Sri Pramod Bahadur Mathur, 6th Additional Sessions Judge, West Champaran (Bettiah), whereby and whereunder the learned Sessions Judge found charges under Sections 498A, 304B and 328 of the Indian Penal Code against both the appellants and convicted and sentenced both the appellants to undergo rigorous imprisonment for ten years under Section 304B, IPC and to undergo rigorous imprisonment for one year under Section 328, IPC but did not pass any sentence under Section 498A, IPC and ordered that both the sentences to run concurrently.2. As it appears from the written report of informant Amerika Ram (P.W. 9), the prosecution case, in short, is that his cousin sister Subhasini Devi (deceased) was married to appellant No. 1 Kashi Ram, son of Ramautar Ram (appellant No. 2) of village Bakulahar, P.S. Majhaulia, District West Champaran. The decease...
Tag this Judgment!Brajesh Sharan Sharma Vs. the Patna Regional Development Authority and ...
Court: Patna
Decided on: Jul-08-2004
Ravi S. Dhavan, C.J. and Shashank Kr. Singh, J.1. The Court will not repeat how the issues came to be examined upon an inquiry by the District Magistrate, Patna. Thus, let the order of 25 June 2004 be reproduced :'Even before the Court could issue notice counsel for the PRDA seems to be explaining away the situation to the High Court. Having taken instructions during the lunch recess, now it is accepted in fact, as indicated by counsel for the PRDA itself that whereas the complex of the buildings in context was meant to contain a septic tank for each building, it has now been learnt that a septic tank has not been provided.No wonder the petitioner seems to be seriously aggrieved so also the neighbours in the neighbourhood of this area that all the filth and sewerage seems to be spilling all over the locality. Even before the petitioner could present the submissions, the PRDA is accepting that whereas the sanction was provided for only four buildings the fifth building is under an issu...
Tag this Judgment!Prahlad Singh Vs. State of Bihar and ors.
Court: Patna
Decided on: Jul-08-2004
Mridula Mishra, J.1. Heard Learned counsel for the petitioner and also learned counsel for Opposite Parties 1, 2 and 3.2. This application under Section 482 of the Code of criminal Procedure has been filed against the order dated 22.9.2001 passed by the llnd Additional Sessions Judge, Madhubani in Sessions Trial No. 95 of 1998 whereby the trial Court has rejected the petition filed by the petitioner under Section 319 of the Code of Criminal Procedure (hereinafter referred to as 'the Code'). A petition was filed by the petitioner for summoning the opposite parties 1, 2 and 3, under Section 319 of the Code to face trial, who were named in the first information report as assailants of the deceased but were not charge-sheeted and sent up for trial.3. The facts in brief of the case is that Harlaki P.S. Case No. 76/97 was instituted naming Anil Singh, Pancha Mahto, Biltu Mahto and Siyabar Singh as . accused. The allegation was that when Ranjit Singh was coming across the road to take tea al...
Tag this Judgment!Shri Kant Jha and ors. Vs. State of Bihar and ors.
Court: Patna
Decided on: Jul-08-2004
R.S. Garg, J. 1. Heard learned counsel for the parties.2. The three petitioners, who are assistant teachers, are before this Court with a prayer to direct the respondents to pay their salary with effect from 1.1.1991, when the State cabinet on 28.3.1991 (Annexure 1) approved the proposal of the Human Resources Development Department to take over High School in Lakhisarai district and to pay salaries etc to the teaching and non-teaching staff from the date they joined the school.2. The short resume of the facts are that on 26.3.1991, the proposal in relation to the school, where the petitioners are imparting education, was included in the agenda and was placed before the cabinet in its meeting dated 28.3.1991. The cabinet was pleased to observe that a new High School be established in the area. The petitioners had already joined the services and were awaiting their regularisation/approval, of the services and were also awaiting payment of salary. The matter relating to approval of the ...
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