Patna Court January 2005 Judgments
Jaya Shankar Singh Vs. Champa Devi and ors.
Court: Patna
Decided on: Jan-31-2005
S.N. Hussain, J.1. Heard learned counsel for the parties.2. Petitioner is Defendant No. 27 of Title Suit No. 45 of 1974, which was filed by Opposite Party first set for declaration that certain Pattas, Rehans and Deeds of transfer were void and not binding upon them.3. The defendant-petitioner is aggrieved by the impugned order dated 16.12.1997 passed in the aforesaid suit by which the learned Subordinate Judge-IV, Arrah (Bhojpur), allowed the plaintiff's petition for withdrawal of the suit.4. The learned counsel for the petitioner doggedly challenges the aforesaid impugned order and submits that earlier the defendant-petitioner had filed a petition for transposition as plaintiff in the suit which was allowed by the trial Court on 22.4.1996. But that order was challenged by the plaintiffs in Civil Revision No. 1403 of 1996 and this High Court set aside the order of the trial Court on 11.8.1997 (Annexure-1) on the ground that unless the defendant files his written statement, such petit...
Tag this Judgment!Shashi Bhushan Sah Vs. State of Bihar
Court: Patna
Decided on: Jan-31-2005
Narayan Roy J.1. Heard counsel for the parties.2. This writ application is directed against the order dated 30th January, 2004 issued vide Memo No. 263 issued under the signature of the District Collector, Begusarai whereby and whereunder claim of the petitioner for his appointment in First Regional Competitive Examination held by the Bihar Public Service Commission (hereinafter referred to as the Commission) against the reserved quota has been rejected.3. It is submitted by learned counsel for the petitioner that the petitioner belonged to Gond caste which is a Schedule Tribe and pursuant to Advertisement issued by the Commission for the First Regional Competitive Examination, applied for his appointment and annexed the caste certificate granted by the Block Development Officer showing himself as a member of Scheduled Tribe. The petitioner competed in the competitive examination and accordingly the Commission recommended his name vide letter No. 1037 dated 15.1.2003 along with other ...
Tag this Judgment!Arbind Kumar Pal Vs. HazIn Bibi Khairun Nissa and ors.
Court: Patna
Decided on: Jan-31-2005
S.N. Hussain, J. 1. Heard the learned counsel for the parties.2. The petitioner is an intervenor in Eviction Suit No. 1/2001 whose intervention petition has been rejected by the learned Additional Munsif-II, Patna, by the impugned order on 26.7.2004.3. The learned counsel for the petitioner doggedly challenges the aforesaid impugned order on the ground that the plaintiffs are claiming title on the basis of the alleged sale-deeds executed by intervenor's father which has been challenged in Title Suit No. 91/2001 by the intervenor and in that suit the plaintiff and the defendant of the instant Eviction suit have been impleaded as defendants. He further claimed that he has been looking after the properties and maintaining the tenancies since the life time of his father which would be apparent from the rent receipts and notices issued by his father to the tenants asking them to stop paying rent to his son, namely, the intervenor. He further claimed that two Eviction Suits had been filed, ...
Tag this Judgment!Jai Prakash Sharma Vs. State of Bihar and ors.
Court: Patna
Decided on: Jan-27-2005
Prabhat Kumar Sinha, J. 1. This is an application under Section 482 of the Code of Criminal Procedure ('the Code', in short) praying therein to quash order dated 22.8.2002 recorded by the learned first Additional Sessions Judge, Munger in Criminal Revision No. 243 of 2000 by which the revisional Court had set aside order dated 28.6.2000 recorded in Maintenance Case No. 15-M of 1994 and remitted back the matter for fresh consideration by the learned Sub-Divisional Judicial Magistrate, Munger.2. The facts, in brief, are that the petitioners in Magisterial court, the minor daughter and son of Opposite Party No. 1 (In short 'O.P.'), the petitioner here, had filed a petitioner under Section 125 of the Code for their maintenance. Following facts were riot dispute :-(i) Mother of the petitioners and wife of O.P. had died allegedly by violent means and in a criminal case filed in that regard, O.P. was facing trial as accused.(ii) The minor children of the O.P. were allowed to live with their ...
Tag this Judgment!Uma Shankar Sharma Vs. the State of Bihar and anr.
Court: Patna
Decided on: Jan-25-2005
S.N. Hussain, J.1. Heard the learned counsel for the parties.2. Petitioner is plaintiff-decree holder and is aggrieved by the impugned order dated 19.7.2003 by which the learned Subordinate Judge-III, Buxar, allowed the petition of the Opposite Parties (Judgment-debtors) and dismissed Execution Case No. 5/1998 as time barred.3. Admitted facts of this case are that the petitioner had filed Title Suit No. 13/1979 for a declaration that he was an Assistant Jailor and had become entitled to the post of Superintendent of jail and denial of promotion, salary etc. to him was illegal. The said suit ws decreed on 26.9.1979 (Annexures-1 and 2) the learned Second Additional Subordinate Judge, Buxar, and the said decree was challenged by the defendants-opposite parties (State of Bihar and another) in Title Appeal No. 168/1979 which was dismissed on merits with cost by the learned 5th Additional District Judge, Bhojpur, on 21.12.1985 (Annexures-3 and 4). Further more, against the said appellate de...
Tag this Judgment!Shri Ashwani Dhir and ors. Vs. the State of Bihar and ors.
Court: Patna
Decided on: Jan-25-2005
Chandramauli Kumar Prasad, J.1. Various reliefs have been sought for in this writ application filed under Articles 226 and 227 of the Constitution of India but when the matter is taken up, petitioners limit their prayer for issuance of a writ in the nature of certiorari for quashing the order dated 7.10.2002 passed by the Subordinate Judge, I, Patna in Title Suit No. 380 of 2002 making the order of ad interim injunction dated 19.8.2002 absolute by which it had restrained the telecast of the serial 'Ram Khilawan (C.M.) 'N' Family'. Further prayer made by the petitioners is to quash the order dated 20.2.2003 passed by the XIth Additional District Judge, Patna in Misc. Appeal No. 69 of 2002 whereby the appeal preferred against the aforesaid order, has been dismissed.2. Respondent No. 2 Radha Raman Pradhan, hereinafter referred to as 'the plaintiff', fifed Title Suit No. 380 of 2002, inter alia, praying for the following reliefs :--'(i) On consideration of the facts and circumstances afor...
Tag this Judgment!Bharat Sanchar Nigam Ltd. Vs. Shri Bijendra Kumar Das and anr.
Court: Patna
Decided on: Jan-25-2005
R.S. Garg, J.1. Heard learned counsel for the petitioner.2. Learned counsel for the petitioner submits that the employee was removed from service in the year 1994 in undivided Bihar and the reference was made later on and ultimately a final order was passed by the Central Government Industrial Tribunal (No. 2), Dhanbad falling within the territorial jurisdiction of the State of Jharkhand. He submits that since the basic cause of action accrued in the State of Bihar, therefore, even after division of the State, this Court would still retain jurisdiction in relation to a dispute where cause of action accrued in the State of Bihar.3. Taking into consideration the facts, I am of the opinion that this Court would have jurisdiction to hear the petition.4. From the merits of the matter, it would appear that the employee was appointed as motor pump operator at 38, Harding Road, Patna at fixed salary of Rs. 1500/- per month with effect from 2.12.1992 by the Chief General Manager of the petitio...
Tag this Judgment!Dharikshan Sah and ors. Vs. the State of Bihar and ors.
Court: Patna
Decided on: Jan-25-2005
R.S. Garg, J.1. Heard learned counsel for the parties.2. As many as 28 petitioners are before this Court making a prayer that the notices issued on 26.8.2004 under the signatures of the District Engineer, Zila Parishad, East Champaran, requiring the petitioners to remove their hutments be quashed.3. According to the petitioners, each of them is occupying a particular piece of land and is carrying his business activities and is earning his livelihood. According to them, in the year 1994, under some plan, the petitioners were required to deposit Rs. 2000A so that the land could be settled in their favour.4. It appears that some of the petitioners deposited the money but many of them did not. The money was deposited in the year 1994. It would appear from the letter dated 25.7.1996 (Annexure 2 series) that a resolution was passed by the District Board that a scheme was approved for construction of the shops and the petitioners were required to deposit Rs. 2000/- towards security. They wer...
Tag this Judgment!Most. Indu Devi and anr. Vs. State of Bihar and ors.
Court: Patna
Decided on: Jan-24-2005
Barin Ghosh, J. 1. Heard learned counsel for the parties.2. Late Anirudh Prasad Sah, who died on 16th December, 2001, was appointed as P.A.C.S. Manager in the year 1977. Such Managers collectively filed a writ petition which was registered as CWJC No. 2312 of 1991. In that writ petition', they sought absorption against equivalent post in any other department of the State Government. The claim was founded on the basis of the decision of the State Government dated 6th September, 1986. The claim so put forward in that writ petition reached finality on 20th August, 1993 when Hon'ble Supreme Court in Civil Appeal No. 7357 of 1996 delivered its judgment. In terms thereof, the said Managers as that of late Anirudh Prasad Sah became entitled to appear at three examinations to be conducted by the Bihar Public Service Commission for being absorbed in the regular establishment of the State in the posts which will be suitable for such Managers. For such Managers, the standard of test as was presc...
Tag this Judgment!Ujjawal Chatterjee and ors. Vs. State of Bihar and ors.
Court: Patna
Decided on: Jan-24-2005
Chandramauli Kumar Prasad, J.1. Matter of regularization and appointment on Class IV post is vexing this Court since long.2. In pursuance of the order dated 16.4.1996 passed in C.W.J.C.-No. 911 of 1996, the Superintendent, Darbhanga Medical College and Hospital, Laheriasarai published advertisement in the daily Newspaper Hindustan in its issue date 15.7.1996 inviting application for appointment to the post of Male/Female Ward Attendants besides the other posts. Petitioners offered their candidature for appointment as Male/Female Ward Attendants. The candidature of the petitioners as also other candidates were considered and petitioners had not been selected for appointment.3. It is the assertion of the petitioners that the procedure followed for appointment was absolutely illegal and in violation of various circulars issued by the State Government. Accordingly, the prayer of the petitioner is to quash the entire selection process undergone for appointment to the post of Male/Female Wa...
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