Patna Court September 2005 Judgments
Union of India (Uoi) and ors. Vs. Central Administrative Tribunal and ...
Court: Patna
Decided on: Sep-21-2005
S.N. Hussain, J.1. This writ petition has been filed for quashing order dated August 6, 2004 (Annexure-4), by which the Central , Administrative Tribunal (hereinafter referred to as 'the Tribunal' for the sake of brevity) allowed O.A. No. 933 of 2003 filed by respondents No. 2, 3 and 4, who were casual workers for direction to the authorities concerned (petitioners of this writ case) to confer upon them temporary status and thereafter consider them for regularisation.2. Learned Counsel for the Union of India (petitioner) has submitted that Casual] Labourers (Grant of Temporary Status and Regularisation) Scheme, 1993 (Annexure-2) (hereinafter referred to as 'the Scheme' for the sake of brevity) was not an ongoing scheme and temporary status can be conferred on casual labourers under the scheme only on fulfilling the condition incorporated in Clause-4 of the Scheme that there should have been casual labourers in employment on the date of commencement of the Scheme and that they should h...
Tag this Judgment!Radha TamolIn Vs. Durgawati Devi and anr.
Court: Patna
Decided on: Sep-20-2005
M.L. Visa, J. 1. This is an order on hearing the appeal under Order XLI, Rule 11 of CPC.2. Appellant Radha Tamolin filed Title Suit No. 185 of 1990 against respondents Durgawati Devi and Chhedi Sao for declaration of her title over the land described in schedule I of plaint (hereinafter referred to as the 'Suit land') and also for removal of encroachment from the suit land within the time fixed by the Court failing which removal of encroachment through the process of Court.3. The case of appellant-plaintiff was that the land measuring five decimals of land of plot No. 715 under khata No. 156 with house and sahan was recorded in the name of Raghunath Tamoli and after his death, his widow Budhiya Tamolin inherited this land and came in possession over the same. She after some time through registered deed of gift, gifted this land to her brother Mahadeo Tamoli. Thereafter, in a partition which took place between Mahadeo Tamoli and his sister Butani Tamolin, Mahadeo Tamoli was allotted 2-...
Tag this Judgment!Virendra Kumar Srivastava Vs. State of Bihar and ors.
Court: Patna
Decided on: Sep-20-2005
Radha Mohan Prasad, J.1. In this writ petition, petitioner is aggrieved by the order dated 14.5.2003, contained in Annexure-10, whereby and whereunder he has been allowed Rs. 250/- only as officiating allowance for taking work on the post of Additional Director, Mines with effect from 1.8.1989 till his retirement on 31.5.1995 during which period he continuously discharged full responsibility and duties and further for commanding the Respondents to grant him regular promotion on the post of Additional Director, Mines from that date i.e., with effect from 1.8.1989.2. It appears that the petitioner was kept deprived of the said promotion on account of departmental proceeding initiated against him in which final order was passed imposing punishment on 8.11.2003 by which 10% of his pension was directed to be deducted. The said order was purported to have been passed under Rule 43(b) of the Bihar Pension Rules. The petitioner challenged its validity in CWJC No. 1929 of 2004 and this Court v...
Tag this Judgment!Suresh Mistri and ors. and Rajendra Prasad Vs. State of Bihar and ors.
Court: Patna
Decided on: Sep-20-2005
Radha Mohan Prasad, J.1. In both these writ petitions, petitioners are aggrieved by the orders dated 17.5.2003 (Annexure-5) and 12.6.2004 (Annexure-1) respectively by which they have been granted afresh first time bound promotion with effect from 27.3.1987 in partial modification of previous orders and consequential orders directing for refixation of their pay and for recovery of the alleged excess payment received by virtue of the time bound promotion granted to them earlier.2. Petitioners of CWJC No. 1009 of 2005 were initially appointed as work charge employee on 30.12.1970, 31.5.1975, 31.7.1974 and 6.11.1972 respectively and were made regular on 1.4.1977, 22.10.1984, 22.10.1984 and 1.4.1977 respectively, Petitioner of CWJC No. 774 of 2005 was initially appointed as work charge employee on 1.4.1973 and was made regular on 25.1.1979. The scheme for time bound promotion was introduced vide Government resolution dated 31.12.1981 for only regular employes, who were stagnating and did n...
Tag this Judgment!Bam Bam Singh Vs. State of Bihar and ors.
Court: Patna
Decided on: Sep-19-2005
V.N. Sinha, J.1. Heard learned counsel for the petitioner and the State.2. Petitioner has filed this writ application for issue of writ in the nature of Habeas Corpus commanding the respondents to release the petitioner forthwith as also to quash the order dated 30.12.2004, Annexure-2 to this application where-under he has been detained by the respondent District Magistrate by resorting to the powers contained in Sub-section (2) of Section 12 of the Bihar Control of Crime Act, 1981 (hereinafter referred to as 'the Act). He has also questioned the validity of the order-dated 8.1.2005, as contained in Home (Police) Department Memo. No. 66 dated 8.1.2005, Annexure-4 whereunder his detention has been approved by the State Government.3. Aforesaid reliefs have been prayed for on the ground that the representation of the petitioner dated 5.5.2005, Annexure-5, addressed to the District Magistrate, Begusarai, was not disposed of with due expedition. It has been further submitted, with referenc...
Tag this Judgment!Ajit Sharma and anr. Vs. Union of India (Uoi) and ors.
Court: Patna
Decided on: Sep-19-2005
J.N. Bhatt, C.J.1. The only question which has come to the surface in this Public Interest Litigation (PIL) is as to whether the fixity of dates and the preparing of the schedule for the ensuing Assembly Election in the State of Bihar by the Election Commission of India (respondent No. 2) in its constitutional prerogative jurisdiction in terms of the provisions of Article 324 read with Article 329 contained in part XV of the Constitution of India pertaining to the process of the Elections, could be said to be, in any way, vulnerable or whether requiring interference of this Court on the grounds arid premises of there being local as well as multireligious festivals in course of said schedule, in exercise of its plenary, discretionary and extraordinary writ jurisdiction under the provisions of Article 226 of the Constitution of India.2. We have heard learned Counsels appearing for the parties and have been taken through the relevant and requisite materials in course of the marathon subm...
Tag this Judgment!Raj Kumar Singh and ors. Vs. State of Bihar
Court: Patna
Decided on: Sep-16-2005
Rajendra Prasad, J. 1. This criminal appeal is directed against judgment and order of conviction dated 10.10.2002 passed by Shri Mungeshwar Sahoo, 1st Additional Sessions Judge, Bhojpur at Ara in Sessions Trial No. 323 of 1997 arising out of Tarari P.S. Case No. 41/96, whereby and whereunder each of three accused appellants out of five tried together were held guilty for offences under Sections 304B and 201 of the Indian Penal Code and, accordingly, convicted and sentenced to undergo rigorous imprisonment for ten years under Section 304B, I.P.C. and rigorous imprisonment for two years under Section 201, I.P.C. and the sentences were ordered to run concurrently.2. The prosecution story, as disclosed by informant Vishwanath Singh (P W. 5), in his Fardbeyan (Ext.-3) recorded by SI Ram Yash Prasad of Tarari Police Station on 10.7.1996 in short, is as follows : grand daughter (Natni) Sarita Devi (deceased), daughter of Chhote Lal Singh (P.W. 2), of informant (P.W. 5) was married with appe...
Tag this Judgment!isha Distribution House Pvt. Ltd. Vs. State of Bihar and anr.
Court: Patna
Decided on: Sep-16-2005
1. The petitioner, M/s. Isha Distribution House Pvt. Ltd., who is dealing in distribution of ready-made garments as distributor of the brand name 'Peter England' for the State of Bihar, is a registered dealer under the provisions of the Bihar Finance Act, 1981 and the Central Sales Tax Act, 1956, hereinafter referred to as 'the Act' and 'the Central Act', respectively. Its grievance is against notice No. 1153 dated February 11, 2005 issued under Section 3(10) read with Section 25 of the Bihar Finance Act by the Deputy Commissioner of Commercial Taxes, Patna South Circle, Patna directing it to make payment of Rs. 26 lakhs as advance tax for the year 2005-06 and to make payment of Rs. 11 lakhs as estimated tax for the fourth quarter (January to March, 2005). Copy of the said notice has been annexed as annexure 1 to the writ petition. The grievance of the petitioner is with regard to two periods as indicated above.2. With regard to the demand for payment of estimated tax for the fourth q...
Tag this Judgment!Mahendra Prasad Sinha Vs. State of Bihar and ors.
Court: Patna
Decided on: Sep-16-2005
Radha Mohan Prasad, J.1. In this writ petition, the petitioner is aggrieved by the order contained in Annexure-1, whereby and whereunder promotion granted to him as Research Assistant has been cancelled on the ground that it was not n accordance with law.2. Admittedly, the said promotion was granted long back vide order contained in letter No. 4404 dated 16.12.1983.3. Learned counsel for the petitioner has submitted that in exactly similar case, this Court considering the period of service rendered on the prompted post for long time allowed the writ petition and quashed the similar order in view of the ratio laid down by this Court in the case of G.B. Lal v. State of Bihar and Ors., CWJC No. 1662 of 1997 (R), as well as by the Apex Court in the case of Narendar Chadha and Ors. v. Union of India and Ors., reported in : [1986]1SCR211 , vide order dated 11.5.2004 passed in CWJC No. 1/1309 of 2003 (Annexure 3). He also referred to another order passed in the case of Ramakant Prasad v. St...
Tag this Judgment!Union of India (Uoi) and ors. Vs. Madani Construction Corporation Priv ...
Court: Patna
Decided on: Sep-16-2005
M.L. Visa, J.1. This appeal, with the consent of parties, has been heard when it was listed under the heading 'For Hearing under Order 41, Rule 11, CPC' for its final disposal at that stage.2. The appellants have filed this appeal against the judgment and decree dated 24.12.1999 and 21.01.2000 respectively, passed by Subordinate Judge IV, Samastipur in Title Suit No. 77 of 1991/68 of 1999 filed by respondents under Section 20 read with Section 8 of Arbitration Act, 1940.3. The case of respondents is that respondent No. 1 is an approved railway contractor and respondent No. 2 is its guarantor and in pursuance of Tender Notice No. W-l/99 of 1988, dated 27.10.1988 issued by appellant No. 3, the respondents submitted tender for construction of a new railway bridge at a place between Raxaul and Ramgarhwa Railway Stations. This tender was accepted and date of commencement was 01.01.1989 and work was to be completed on or before 27.03.1989. Respondents started collecting materials and engagi...
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