Patna Court September 2005 Judgments
Bihar Sugar Mills Association and ors. Vs. Union of India (Uoi) and or ...
Court: Patna
Decided on: Sep-16-2005
Aftab Alam, J.1. There are nine petitioners in C.W.J.C. No. 7582 of 2004. Petitioner No. 1 is the Association of Sugar Mills of which petitioners 2 to 9, the eight individual sugar mills, are members. C.W.J.C. No. 8088 of 2004 is filed at the instance of a single sugar mill. All the petitioners in the two writ petitions seek to challenge the rate of transport rebate and the conditions attached for availing the rebate as fixed by the Central Government vide Order No. GSR 203 (E)/ Ess.Com/Sugarcane published in the Gazette of India, Extraordinary, dated March 22, 2004 (A copy of the Gazette notification is at Annexure-1 to C.W.J.C. No. 7582 of 2004). The impugned order allowed the sugar mills in Bihar (as well as in three other States) to deduct from the price paid for the sugarcane, transport rebate @ 28 paise per quintal per kilometre, subject to a maximum of Rs. 5.83 per quintal. However, a proviso to the order added the condition that the rebate would be allowed only to those sugar ...
Tag this Judgment!Smt. Mridula Singh @ Bulbul and ors. Vs. Brahmdeo Pd. Singh and ors.
Court: Patna
Decided on: Sep-15-2005
S.N. Hussain, J.1. Heard learned counsel for the parties.2. Petitioners are defendants of Title Suit No. 134 of 2003 which was filed by Opposite party Nos. 1 to 4 for partition of their share in the suit land. In the said suit it was claimed that Ganouri Mahto died in the year 1979 leaving behind two sons, Basudeo Prasad and Brahmdeo Singh, out of whom Basudeo Prasad died in the year 1988 leaving behind the defendants as his heirs whereas the plaintiffs are the other brother Brahmdeo Pd. Singh and his sons and grand sons.3. Defendant-petitioners are aggrieved by order dated 19.7.2004 passed in the aforesaid suit by which the learned Subordinate Judge-VI, Patna dismissed their petition under Order VII, Rule 11 of the Code of Civil Procedure (hereinafter referred to as the Code for the sake of brevity) for rejecting the plaint of the suit.4. Learned counsel for the petitioners submitted that plot numbers 224 and 889 as also 990 were purchased by registered deeds dated 15.9.1956 and 22....
Tag this Judgment!Arun Ram and anr. Vs. State of Bihar
Court: Patna
Decided on: Sep-15-2005
Aftab Alam, J.1. The two appellants, father and son (appellant Nos. 2 and 1 respectively) stand convicted under Sections 304B/34 and 201/34 of the Penal Code and sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs. 5,000 and on default in payment of fine to further undergo rigorous imprisonment for six months for the offences of dowry death and to undergo five years rigorous imprisonment for causing disappearance of evidence in connection with the offence.2. The case was instituted on the basis of the statement made by one Karelal Ram (P.W. 4), the father of the deceased girl Vibha Devi before the police on 29.8.2000. According to his statement his daughter Vibha Devi was married to appellant No. 1 about three years ago. Prior to the occurrence she had gone to her parents' home for tying Rakhi on the occasion of Raksha Bandhan. She had then disclosed that about a month age a quarrel had taken place between herself and her step mother-in-law on the issue of cook...
Tag this Judgment!Kalanand Singh Vs. State of Bihar and ors.
Court: Patna
Decided on: Sep-14-2005
Radha Mohan Prasad, J.1. In this writ petition, the prayer on behalf of the petitioner is to quash office order of the Chief Engineer, Rural Development Special Zone, Patna, contained in Memo No. 354 dated 17.3.2001 (Annexure 4), whereby due second time bound promotion has been given to him with effect from 13.1.1984 but the financial benefit has been given with effect from 12.12.2000 and also for directing/commanding the respondents to give financial benefits with effect from 13.1.1984 and, further, to give super selection grade promotion and fix his salary on 31.12.2000-i.e., date of superannuation of the petitioner, as well as to make payment of arrears of salary.2. By filing I.A. No. 3234 of 2003 the petitioner has also prayed for quashing of the order, contained in Annexure-5, whereby and whereunder second time bound promotion given to him with effect from 13.1.1984 has been cancelled on the ground that he has been given exemption from passing of the departmental accounts examin...
Tag this Judgment!Raj Kumar Vs. Bihar State Election Commission and ors.
Court: Patna
Decided on: Sep-14-2005
Barin Ghosh, J.1. Election petitioner was one Anil Kumar. His election symbol was 'Chain of pearls'. In respect of the self same election, there was another Anil Kumar whose election symbol was 'Blackboard'. After the election was held and in course of counting the votes, in relation to Booth No. 154 of Ward No. 10 the election petitioner lodged a complaint that the votes caste in his favour at the said booth have been accepted to have been cast in favour of the other Anil Kumar. This objection was not adhered to and recounting was not ordered. The election petitioner thus raised an election dispute by tiling an election petition. At Booth No. 154 of Ward No. 10, altogether 296 votes were cast; of them 33 votes were shown to have been received by the other Anil Kumar. From the very beginning it was the contention of the election petitioner that the said 33 votes were, in fact, cast in his favour and if those votes are added to the votes already received by him at other booths, there i...
Tag this Judgment!Ravi Kumar Vs. Patna University and ors.
Court: Patna
Decided on: Sep-14-2005
Rekha Kumari, J. 1. This is an application filed by the petitioner Ravi Kumar for issuing direction to the respondents to accept his examination form for B.A. Part III examination of Session 2004-05 and allow him to appear at the examination which is scheduled to be held from 11.4.2005.2. It appears that by an interim order dated 8.4.2005 the petitioner, was allowed to appear at the examination subject to final decision of this writ petition.3. The case of the petitioner is that he took admission in B.A. in Patna College, Patna, a constituent unit of Patna University in the Session 1999-2002. His subject was Modern History (Honours), Economics and Sociology. In 2002 he appeared in Part I examination commenced from 22.1.2001. He failed in Honours and composition but passed in subsidiary subjects. He could not appear in Honours and composition in 2000-01 and 2001-02 examinations on account of family problems. In 2002-03 he filled up form for both Part I and Part II. He again failed in H...
Tag this Judgment!National Jute Manufacturers Corporation Unit and anr. Vs. Smt. Shakunt ...
Court: Patna
Decided on: Sep-14-2005
J.N. Bhatt, C.J.1. In this appeal under Section 100 of the Code of Civil Procedure, 1908 (hereinafter called 'the Code'), the original defendants-appellants has assailed the judgment and decree passed by the Trial Court in Title Suit No. 9 of 1989 wherein the plaintiff-respondent, inter alia, claimed the right, title and interest as well as possession over M.S. Plot Nos. 176 and 177 Ka, Kha part appertaining to M.S. Khata No. 182 corresponding to C.S. Plot No. 989 part C.S. Khata No. 165 situated at Mauza Daharia, New Ward No. 14 in the district of Katihar.2. The defendants resisted the suit by filing a written statement and the claim of the plaintiff was countered. Evidence came to be led and in course of the hearing the case law was also relied on. The learned trial Court upon consideration of the facts and circumstances and evaluation of entire evidence found that the plaintiff is entitled to the reliefs claimed for and accordingly decreed the suit. 3. The learned appellate court o...
Tag this Judgment!Sheoji Tiwary Vs. State of Bihar
Court: Patna
Decided on: Sep-14-2005
Rekha Kumari, J.1. The sole appellant stands convicted under Section 302 of the Indian Penal Code and has been sentenced to undergo imprisonment for life and to pay a fine of Rs. 5000/- and in default, to undergo rigorous imprisonment for two years. He further stands convicted under Section 27 of the Arms Act and has been sentenced to undergo rigorous imprisonment for two years. Both the sentences are to run concurrently.2. The prosecution version as disclosed from the Fardbeyan is that on 12-11-1980 at about 7. 00 p.m. informant Sukhdeo Yadav was sitting in his shop along with his son Mathura Yadav (deceased) and was checking the accounts of the shop. It is said that appellant-Sheoji Tiwary and his brother Sheonath Tiwary (since dead) came to the shop and Sheoji Tiwary shot at Mathura Yadav which hit his right thigh and he became unconscious. Co-accused-Sheo Nath Tiwary (since dead) took out the sale proceeds of the shop and fled away from there. It is also said that the informant tr...
Tag this Judgment!Raja Mishra and ors. Vs. State of Bihar
Court: Patna
Decided on: Sep-14-2005
Chandra Mohan Prasad, J.1. This appeal is against the judgment of conviction dated 24th February 2003 and the order of sentence dated 26th February 2003 passed in Sessions Trial No. 55 of 1993/90 of 2002 of the Additional Sessions Judge, FTC-III, Gopalganj whereby each of the five appellants has been convicted under Section 304B, 498A and 201 of the Indian Penal Code as well as Section 4 of the Dowry Prohibition Act and respectively sentenced to R.I. for 10 years, R.I. for 3 years, R.I. for 2 years and R.I. for 2 years.2. The fard-beyan (Ext-2) of the case was recorded by ASI R.K. Singh on the statement of the informant Ramadhar Tiwary, the father of the deceased Durgawati Devi at Gopalganj Police Station on 17th September 1989 at 9:00 A.M. The informant stated that about 4 years ago he had married his eldest daughter Dutrgawati (deceased) to Prakash Mishra (appellant) son of Raja Mishra (appellant) and at the time of Tilak ceremony he (informant) had given cash of Rs. 5,000/- utensil...
Tag this Judgment!Jai Prakash Singh Vs. Vaishali Kshetriya GramIn Bank and ors.
Court: Patna
Decided on: Sep-12-2005
Chandramauli Kr. Prasad, J.1. This application has been filed for quashing the order dated June 7, 1999 (Annexure-29) passed by the disciplinary authority whereby, petitioner has been visited with the penalty of removal, which shall not be a disqualification for future employment. Further prayer made by the petitioner is to quash the order dated August 30, 2001 (Annexure-32) whereby, the appellate authority had set aside the order of removal and passed order for re-appointment of the petitioner in Clerical grade with initial pay scale.2. Shorn of all unnecessary details, facts giving rise to the present application are that while the petitioner was working as Assistant Manager of Sahi Minapur Branch of the respondent, Vaishali Kshetriya Gramin Bank, Muzaffarpur, hereinafter referred to as the Bank, by memo dated November 12, 1997 (Annexure-1) explanation was called from him for his unauthorised absence and other misconduct. Petitioner did not submit any reply and by memorandum dated F...
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