Patna Court February 2005 Judgments
Sita Devi Vs. Bihar State Housing Board and ors.
Court: Patna
Decided on: Feb-10-2005
R.S. Garg, J.1. Heard learned counsel for the parties.2. The petitioner had applied for allotment of a flat with the Bihar State Housing Board on 13.1.1994 and made a deposit of Rs. 17,000/- in form of a draft. On 4.3.1994 she was informed by the respondents that flat bearing No. 6SFC-1/8 had been allotted to her. She was asked to make deposit of Rs. 1,54,875/- within 30 days so that the flat could be delivered to her. The petitioner deposited a sum of Rs. 1,54,8767 on 31.3.1994. It was to be seen that the petitioner deposited the entire amount but possession of the flat could not given to her, therefore, out of sheer frustration and being aggrieved by the platonic approach adopted and indifference shown by the respondents, she made an application to the respondents on 29.10.1996 that she was not ready and willing to have the flat, therefore, the total amount deposited by her be refunded. The respondents deducted 20% from it and refunded the balance.3. The petitioner is before this Co...
Tag this Judgment!Tarini Mandal Vs. the State of Bihar and ors.
Court: Patna
Decided on: Feb-10-2005
Mridula Mishra, J.1. This application has been filed by the petitioner's for quashing the order dated 16.11.1999 passed by the Addl. Collector, Purnea, in Revision Appeal No. 24 of 1997.98. By this order respondent No. 2 has allowed the appeal and has also quashed the order dated 4.6.1997 passed by the Dy. Collector Land Reforms at Dhamdaha, in terms of the provisions of Sub-section (10) of Section 48E of the Bihar Tenancy Act Dy. Collector Land Reforms at Dhamdaha passed in terms of the provision of Sub-section 10 of Section 48E of the Bihar Tenancy Act has been quashed.2. This order has been challenged by the petitioners on three grounds (1) that the order passed by the Addl. Collector, Purnea is without jurisdiction as under the provision of Section 48E of the Bihar Tenancy Act the appeal lies only against the orders passed under Sub-sections 7 & 8 of Section 48 of the Bihar Tenancy Act. No appeal is maintainable against the order passed under Sub-section 10 of Section 48E of the B...
Tag this Judgment!Krishna Singh Vs. State of Bihar and ors.
Court: Patna
Decided on: Feb-10-2005
Barin Ghosh, J.1. Heard learned counsel for the parties.2. One Devanti Devi reported to the Rampur Police Station on 8.3.1992 that she has been robbed of her ear-ring, one black and white television made by Salora Company, one fan, one tape recorder and gold chain by the petitioner on the threat of revolver in his hand. On the basis of this information a First Information Report was submitted and accordingly Rampur P.S. Case No. 25/92 was registered. This information having been brought to the notice of disciplinary authority of the petitioner, a disciplinary proceeding was instituted against the petitioner. In the Rampur P.S. Case a charge-sheet was filed on which cognizance was taken and petitioner having denied the charges the trial commenced. In the department proceeding the petitioner having denied the charges levelled against him in the charge-sheet, an enquiry proceedings started. These were permitted to continue simultaneously. Before the enquiry officer Devanti Devi and her h...
Tag this Judgment!Sudhakar Ojha and ors. Vs. State of Bihar and ors.
Court: Patna
Decided on: Feb-10-2005
Navin Sinha, J.1. Heard learned counsel for the petitioners and the learned counsel for the State. The pleadings having been completed the writ petition is being disposed off at the stage of admission itself.2. Learned counsel for the petitioner submits that he does not press the writ petition in so far as petitioner No. 1 is concerned. The writ application is therefore dismissed with regard to the said petitioner.3. Petitioner No. 2 was appointed as Peon on temporary basis by an order dated 18.6.1995 and posted in the office of Primary Teachers Training College, Balmikinagar. Petitioner No. 3 was similarly appointed as Peon on temporary basis in the office of Sub-Divisional Education Officer, Bagha, West Champaran. The petitioners continued to discharge their duties till the impugned order of termination dated 18.5.1999 came to be issued.4. Learned Counsel for the petitioner submitted that in response to advertisement and calling of names from the Employment Exchange the petitioners ...
Tag this Judgment!Shree Kishanganj Flour Mills (P) Ltd. Vs. State of Bihar and ors.
Court: Patna
Decided on: Feb-10-2005
1. While a revision petition of the petitioner was pending before the Joint Commissioner of Commercial Taxes (Administration), Purnea (respondent No. 3), he came to this Court and this Court by an order dated September 1, 2004 as contained in annexure 7 directed him to dispose of the revision application and thereafter the impugned order as contained in annexure 9 has been passed. The respondent No. 3 has disposed of the revision application by saying that he has no power to entertain the application filed under Section 46(4) of the Bihar Finance Act, 1981. Section 46(4) of the Act reads as follows :(4)(a). The Commissioner may, on his own motion call for and examine the records of any proceeding in which any order has been passed by any other authority appointed under Section 9, for the purpose of satisfying himself as to the legality or propriety of such order and may after examining the record and making or causing to be made such enquiry as he may deem necessary, pass such order a...
Tag this Judgment!Babul Smokeless Fuel Industries (P) Ltd. Vs. the Bihar State Credit an ...
Court: Patna
Decided on: Feb-10-2005
Aftab Alam, J.1. Several orders were earlier passed in this case and on the basis of the directions given in those orders the petitioner has paid substantial amounts to the Bihar State Credit and Investment Corporation Limited (hereinafter to be referred as 'BICICO') towards liquidation of its dues. So far, the petitioner has paid amounts totalling to Rs. 39 lacs. It, thus, appears that the petitioner is not insincere in its intent to clear off the dues of BICICO.2. The petitioner is making settlement of its dues under the One Time Settlement Policy of the year 2004 of BICICO. It is insisted on its behalf that it is covered by the definitions of both a 'litigated unit' and a 'sick unit' under the policy. Needless to say that under the policy settlement of dues by a 'litigated unit' or a 'sick unit' is made on payment of a considerably lower amount than in the case of a unit in the general category. According to the petitioner, if it is acknowledged as a 'sick unit' or a 'litigated uni...
Tag this Judgment!Mahesh Agrawal and ors. Vs. State of Bihar and ors.
Court: Patna
Decided on: Feb-09-2005
P.K. Sinha, J.1. This application under Section 482 of the Code of Criminal Procedure ('the Code', in short) has been filed by the petitioners for quashing the entire criminal proceeding including the order recorded by the Sessions Judge. Vaishali at Hazipur dated July 18, 2002 in Criminal Revision No. 264 of 2001 as well the order taking cognizance of offence dated August 8, 2001 recorded by the Chief Judicial Magistrate, Vaishali at Hazipur in Case No. C2-588 of 2001 whereby and where under the learned Magistrate had taken cognizance of offence under Sections 12(1) and 18 of the Minimum Wages Act, 1948 ('1948 Act', in short). The complaint at Annexure-1 was filed by the Deputy Labour Commissioner, Muzaffarpur against the petitioners basing the allegations on the inspection made in the premises of petitioner No. 3. J.J. Industries at Hajipur also claiming that the labourers were being paid remuneration less than the minimum wages fixed by the Government as well for violation of vario...
Tag this Judgment!Sanjay Kumar Vs. State of Bihar and ors.
Court: Patna
Decided on: Feb-09-2005
Navin Sinha, J.1. Heard learned counsel for the petitioner and the learned counsel for the State. The pleadings of the parties having been complete this Court finds that the present writ application can be disposed of at the stage of admission.2. The petitioner questions the order impugned at Annexure 12 dated 10.2.1999 by which his Services as a Clerk in the Institution in question have been terminated for reasons of violation of instructions issued from time to time while making his appointment as also that his appointment was not made by the competent authority. It is significant to note here that the impugned order contains the names of seven persons including the petitioner and one Rabindra Kumar Tiwary who stand at serial 2 thereof.3. It is the contention of the petitioner that in pursuance of certain vacancies advertised on the Notice Board of the office of respondent No. 2 applications were invited through the District Employment Exchange. The petitioner in the specified manne...
Tag this Judgment!Jugeshwar Singh @ Sinha Vs. State of Bihar and ors.
Court: Patna
Decided on: Feb-09-2005
Mridula Mishra, J.1. Heard learned counsel for the petitioner and the counsel appearing for respondent Nos. 5, 6 and 7.2. Petitioner is the pre-emptor. He has filed this application for quashing the order dated 10.12.1999, passed by the Additional Member Board of Revenue dismissing the pre-emption revision case No. 271 of 1998 on the point of maintainability. Prayer is also for quashing the order dated 1.12.1998, passed by the Additional Collector, Nalanda in Land Ceiling Appeal No. 23 of 1996-97 whereby the order dated 27.5.1996 passed by the D.C.L.R., Hilsa, Nalanda in case No. 5 of 1995-96 allowing the pre-emption application in favour of the petitioner has been set aside.3. The case of the petitioner is that his father Late Karu Singh and grand father of Braj Kishore Prasad (respondent No. 7), the vendor were full brothers to the petitioner and the father of the vendor are own cousins. Braj Kishore Prasad, respondent No. 7 transferred 43-34 decimals of land through four registered...
Tag this Judgment!Sekhu Yadav and anr. Etc. Vs. State of Bihar
Court: Patna
Decided on: Feb-08-2005
Mridula Mishra, J.1. All three appeals referred to above arise out of one and the same judgment and order dated 19-9-1997, passed by the 2nd Additional Sessions Judge, Begusarai in Sessions Trial No. 386, of 1994 convicting the appellants Sekhu Yadav and Pinku Yadav (Cr. Appeal No. 476 of 1997) under Sections 302/149 of the Indian Penal Code. Garib Das Yadav alias Upendra Yadav and Dano Yadav (Cr. Appeal No. 518 of 1997), Rampati Yadav (Cr. Appeal No. 522 of 1997) under Section 302 of the Indian Penal Code. All appellants have been sentenced to rigorous imprisonment for life. Appellants in all the three appeals have further been convicted under Section 27 of the Arms Act and have been sentenced to R. I. for three years.2. The case of the prosecution as spelt out in the F. I. R. is that on 5-3-1994 at 3.30 p.m. Gulo Yadav brother of informant Ram Pratap Yadav (P.W.7) was carrying eight bags of oil seeds of one Debo Sah on a bullock cart to Ballia. The informant (P. W. 7) and his nephew...
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