Patna Court September 2005 Judgments
Prem Chandra Rai and ors. Vs. Jagernath Rai and ors.
Court: Patna
Decided on: Sep-26-2005
J.N. Bhatt, C.J.1. In this Second Appeal under Section 100 of the Code of Civil Procedure, 1908, (hereinafter to be called 'the Code'), the challenge is against the judgment and decree passed by the VIth Additional District Judge, East Champaran, Motihari, in Title Appeal No. 103 of 1981/87A of 1992 on 2.12.1998, whereby the First Appeal came to be dismissed. However, it has been observed in the final order that during allotment, the appellant Champa Devi and others could set land covered under documents, Exhibits A-1/3, A-1/2 and A-1,. Thus, the learned First Appellate Court gave a further direction over and above the trial court decree recorded in Title Suit No. 183 of 1975/24 of 1980 on 21.8.1981, wherein suit for redemption and partition of 1/6th share in the suit land and recovery of possession thereof came to be decreed. The First Appellate Court has, as such, confirmed the conclusion of the trial Court.2. The learned counsels for the parties are heard and the entire record has ...
Tag this Judgment!Arajkiya Khwaja Shahid HussaIn Primary Teacher Training College Vs. St ...
Court: Patna
Decided on: Sep-23-2005
J.N. Bhatt, C.J.1. By this Letters Patent. Appeal under Clause X of the Letters Patent, the appellant “Arajkiya Khwaja Shahid Hussain Primary Teacher Training College” (in short, the college) has assailed the judgment of the learned single Judge rendered in CWJC No. 5539 of 2004, passed on 16-3-2005., whereby the writ petition filed by the appellant-College for the direction for declaration of result of the examination of the students of the College for the Sessions, 1987-89, 1988-90 to 1992-94 came to be rejected on the grounds that; (1) the petition suffers from the delay, laches and negligence and acquiescence, (2) there was no explanation offered for a period since 1988 till 1997, as to why earlier legal redressal was not sought, (3) upon inquiry the College did not fulfil the requisite requirements even on the date of the inspection and, therefore, the affiliation was cancelled and revoked by the respondents-authorities from the date as it was granted temporary affili...
Tag this Judgment!Ram Bilas Prasad Vs. State of Bihar and ors.
Court: Patna
Decided on: Sep-23-2005
Radha Mohan Prasad, J.1. In this writ petition, petitioner has sought for direction to the respondents to give him time bound promotions from the date he completed 10 and 25 years of his service and further directing them to give consequential benefits also and pay the arrears with interest arising out of such promotion.2. Learned counsel for the petitioner submitted that after filing of the counter affidavit on behalf of the Collector, Rohtas at Sasaram (respondent No. 4), petitioner is also aggrieved by the fixation of his seniority vide Annexure-B in which several persons placed below him in the letter of absorption, contained in Annexure-7 have been placed above him, such, as serial Nos. 17, 18 and 19 whereas the petitioner has been placed at serials No. 36 for no valid justification.3. In short, the relevant facts are that the petitioner and several others were initially appointed in the work charge establishment vide Annexure-2 as Work Sarkar in River Valley Project. The Govern...
Tag this Judgment!The State of Bihar and ors. Vs. Pratappur Sugar and Industries Limited ...
Court: Patna
Decided on: Sep-23-2005
Nagendra Rai, J. 1. The factual matrix and the question of law being the same in both the appeals, they have been heard together and are being disposed of by a common order.2. Two writ applications, one being CWJC No. 7147 of 2004 by Bihar Sugar Mills Association and eight individuals Sugar Mills and other being CWJC No. 8089 of 2004 by Pratappur Sugar & Industries Limited were filed wherein they had challenged the notification dated 9th March, 2004 published in the Bihar Gazette, extra-ordinary part of March 17, 2004 (Annexure-9 to LPA No. 422 of 2005) which was issued by the State Government in exercise of powers conferred by Sub-section (1) of Section 48 of the Bihar Sugarcane (Regulation of Supply and Purchase) Act, 1981 (hereinafter referred to as the Act) fixing amount of commission at the rate of 1.80 per cent of the cane price per quintal actually paid to the supplier of sugarcane by each occupier of the factory on the purchase of sugarcane. By the said notification, the earl...
Tag this Judgment!Rajan Kumar Verma and anr. Vs. Sachchidanand Singh
Court: Patna
Decided on: Sep-22-2005
S.N. Hussain, J. 1. Heard learned counsel for (he parties. The petitioners are defendants of Title Suit No. 208 of 2003, which was filed by the plaintiff-opposite party for declaration that the plaintiff was entitled to realise Rs. 50,000/- per month from the defendants-petitioners as compensation since 11 3-2003 according to the terms of agreement dated 10-3-2000 and 29-5-2001 executed by defendant No. 1 and for directing them to go on paying the compensation at the said rate each month to the plaintiff till handing over the possession of the plaintiffs portion of the apartment constructed by the defendants.2. The defendants-petitioners are aggrieved by order dated 17-12-2004 passed in the aforesaid suit, by which learned Subordinate Judge-VIII, Patna rejected their petition filed under Section 5 read with Section 8 of Arbitration and Conciliation Act, 1996 (hereinafter referred to as the Act of 1996 for the sake of brevity) for referring the suit to the Arbitrator for final adjudica...
Tag this Judgment!Union of India (Uoi) Vs. Sachchidanand Mishra and anr.
Court: Patna
Decided on: Sep-22-2005
1. By this writ petition, the petitioners have assailed the order of the Central Administrative Tribunal (in short, the Tribunal), Patna Bench, Patna dated 4.1.2005, in O.A. No. 54 of 2004, whereby, respondent No. 1, Sachchida Nand Mishra, who was working at the relevant point of time as Divisional Engineer 'Group A', posted at Patliputra Telephone Exchange and also, was looking after the work of Patel Nagar Telephone Exchange, came to be charge-sheeted by the department, appellants before us, which on being questioned before the Tribunal were found favoured with as a result of which the memo of charges dated 15.9.2003, came to be quashed and, therefore, this writ petition at the instance of the Employer.2. We have heard learned counsels appearing for the parties. We have, also, been taken through the relevant material evidence in course of the submissions. We have, also examined and evaluated the contents and quality of the impugned order of the Tribunal.3. The Tribunal in short foun...
Tag this Judgment!Pandey and Co. Builders Pvt. Ltd. Vs. the State of Bihar and anr.
Court: Patna
Decided on: Sep-21-2005
Chandramauli Kumar Prasad, J.1. Appellant has preferred this appeal, being aggrieved by the order dated 26.5.2005 passed in Arbitration Case No. 1 of 2004, whereby while setting aside the award, it had remitted the matter back to the arbitrator appointed by the nominee of the Hon'ble the Chief Justice by order dated 31.1.2003 for fresh adjudication.2. Aggrieved by the award dated 20.2.2003, appellant preferred an application before this Court under Section 34 of the Arbitration and Conciliation Act, 1996, hereinafter referred to as the Act, which was registered as Arbitration Case No. 1 of 2004. A learned Single Judge of this Court by order dated 26.4.2005 set aside the award dated 20.2.2003 and remitted the matter back to the arbitrator appointed by the nominee of the Hon'ble the Chief Justice for fresh adjudication of the dispute. Appellant is not aggrieved and obviously so by setting aside the award dated 20.2.2003, but is aggrieved by that portion of the order of the learned Singl...
Tag this Judgment!Sitaram Dhodi Vs. State of Bihar
Court: Patna
Decided on: Sep-21-2005
M.L. Visa, J.1. This appeal is directed against the judgment and order dated 3.4.1992 and 8.4.1992 passed by 1st Additional Session Judge, Madhubani in S. Tr. No. 54/85 109/85 convicting and sentencing the appellant to Undergo R1 for five years.2. The case of prosecution in short is that on 15.5.82 informant Khattar Ram alongwith his father Kari Ram and brother Nasib Lal Ram PW 1 was sleeping at his 'Dalan' and his another brother Lakhan Ram PW 4 was sleeping in another room. At about 11.45 PM when informant was awaken by his father he saw 8-10 dacoits armed with lathi and torch in his house and they tied him and his brother Nasib Lal Ram with 'Lungi' and napkin and five dacoits among them kept watch over them and rest dacoits entered the family ward of his house. Informant and his brother, Nasib Lal Ram anyhow untied their hands and tried to assault the dacoits with Lathis and in that process informant identified the appellant in the light of torch held by dacoits. When informant and...
Tag this Judgment!Pandey and Co. Builders Pvt. Limited Vs. State of Bihar and anr.
Court: Patna
Decided on: Sep-21-2005
Chandramauli Kumar Prasad, J.1. This miscellaneous appeal is directed against the order dated 21.5.2004 passed by the sole arbitrator appointed by the nominee of the Hon'ble the Chief, Justice whereby he declined to proceed with the arbitral proceeding.2. Appellant filed application for appointment of an arbitrator before Hon'ble the Chief Justice under the provision of the Arbitration and Conciliation Act, 1996 which was registered as Request Case No. 28 of 2002. The nominee of the Chief Justice by order dated 31.1.2003 appointed a retired Judge of this Court to be the sole arbitrator. Respondents took an objection before him that in view of the earlier award, he cannot proceed with the arbitral proceeding. The sole arbitrator accepted the plea of the respondents by order dated 21.5.2004 and observed that in view of the earlier award he has no jurisdiction to continue with the arbitral proceeding. Relevant portion of the order reads as follows :Thus, on a careful consideration of the...
Tag this Judgment!Anil Kumar Sharma and ors. Vs. State of Bihar and ors.
Court: Patna
Decided on: Sep-21-2005
Sudhir Kumar Katriar, J.1. 151 petitioners have joined this writ petition challenging the order bearing Memo No. K/Kara-v0fu05/98-1178/x`0l0Qks] Patna, dated 21.8.2000 (Annexure-20), passed by the Home Commissioner, Government of Bihar, whereby he has held that the selection process for appointment of Jail Wardens for the Bhagalpur Central Jail, Bhagalpur, is bad in law, thereby setting at naught their appointments including the present petitioners.2. The basic facts needed for the disposal of this writ petition are not in controversy. The respondent authorities had published an advertisement which had appeared in the two leading daily newspapers, namely, Hindustan and Aaj on 5.10.1994 (Annexure-1), inviting applications for appointment to the posts of Jail Wardens to be posted in different jails in Bihar. The present writ petition relates to the appointments for the Central Jail, Bhagalpur, for which 157 appointments were to be made. The advertisement stated the various requirements ...
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