Patna Court October 2006 Judgments

Vyas NaraIn Singh and ors. Vs. B.R. Ambedkar Bihar University and ors.

Court: Patna

Mridula Mishra, J.1. Petitioners of all these writ applications are the teaching and non teaching employees of B.R.A. Bihar University, Muzaffarpur. They have retired in between 1992 to 2000 from the colleges which are constituent units of B.R.A. Bihar University. During the pendency of the writ application petitioner No. 5 of C.W.J.C. No. 264 of 2004 namely Phoolan Mishra died on 17.1.2004 and his legal heirs have been substituted by order dated 9.9.2004.2. Prayer of petitioners in all these writ application is for quashing the Memo No. 1140/B dated 17.12.2003 issued under the signature of the Registrar, B.R.A. Bihar University, Muzaffarpur whereby paragraph 2 of Memo No. B/1135 dated 7.6.2003 issued by the Registrar, B.R.A. Bihar University, Muzaffarpur has been deleted. Petitioners have also prayed for issuance of an appropriate writ commanding the respondent university to pay the post-retiral benefits of the petitioners i.e. Pension, Gratuity as per the amended statute and leave e...

Bhuvneshwar Pd. Gupta and ors. Vs. Dharmnath Prasad and ors.

Court: Patna

Syed Md. Mahfooz Alam, J.1. This second appeal has been preferred by the plaintiff-appellant against the judgment and decree dated 10.4.1990 passed by Sri Eric Mechyari, Additional District Judge, Saran, Chapra in Title Appeal No. 4 of 1987 reversing the judgment and decree dated 31.7.1987 passed by Sri Md. Mustaquim, Munsif Ist, Chapra in Eviction Suit No. 19 of 1985 whereby the learned Munsif had decreed the suit of the plaintiff-appellant for eviction of the defendants from the suit premises.2. The plaintiff is the appellant in this second appeal. The case of the plaintiff, in brief, is that she is the owner of the suit house by virtue of the registered gift dated 14.12.1956 executed by her father-in-law in her favour. The original defendant Nos. 1 and 2 were tenants in the suit house at a monthly rental of Rs. 75/-. The tenancy was started according to the English Calendar month. The original defendants 1 and 2 were paying rent to the plaintiff's father-in-law but after execution ...

The Company Bagh Dookandar Sangh and ors. Vs. State of Bihar and ors.

Court: Patna

Navaniti Prasad Singh, J.1. Heard.2. The State has appeared and filed counter-affidavit. With consent of the parties this application is heard and is being disposed of at the stage of admission itself.3. The present application has been filed by the petitioners who are plaintiffs in the Court below, being aggrieved by the order dated 18-8-2005 by which the trial Court has rejected the application dated 17-5-2005 filed by the plaintiffs in the Court below for a direction to the respondents to restore status-quo ante.4. It appears that in 1996 apprehending forceful and unlawful demolition of their small shops along road flanks the plaintiffs had filed the present suit. They had made a prayer for an injunction in terms of Order 39, Rules 1 and 2 to restrain the opposite party Corporation and the State from taking any action to remove them except in accordance with law. As no precipilative action was taken the injunction application re mained pending. On 11-5-2006 the State officials forc...

Mohd. Hanif and ors. Vs. Union of India (Uoi) and ors.

Court: Central Administrative Tribunal CAT Patna

Reported in: (2007)IISLJ341CAT

1. The main point for determination in the O. As. noted above being the same, with slight variations in the matter of reliefs sought as would be mentioned later in the order, all these cases have been heard together and will be disposed of by this common order.2. The separate applications in the cases having more than one applicant, to be allowed to prosecute the case jointly, also stand allowed.3. The main relief sought is to order the respondents to regularize, or to absorb them in regular posts either in Group 'D' or Group 'C'. In some cases prayer has also been made to direct the respondents to take work from the applicants as casual labourer, till their regularization/absorption.4. In O.A. 597 of 2005 there is also prayer, besides regularization in a Group 'D' post, that the pension and retiral benefits be not curtailed by the respondents who had acquired temporary status since long and to continue to obtain deduction from the GPF treating them at par with Group 'D' employees. Ho...

Shri Krishna Harijan Vs. State of Bihar and Os.

Court: Patna

Shailesh Kr. Sinha, J. 1. All these three writ petitions since involve similar matter have been heard together and are being disposed of by a common order.2. The grievance of the petitioners is that they are Middle School teacher and during the incumbency of service they acquired higher qualification of B.A. trained. In cumbency entitled them to get higher pay scale as well as promotion on the post of Head Master. Despite several representations filed by the petitioners the State authority has not pass 3 any order on such representations.3. Shri Bash ant Kumar Choudhary, Advocate appearing on behalf of the petitioner's submits that there is State policy decision for such payment, of higher pay scale and promotion although implemented in the District of Gopalganj but not implemented in the District, of (sic) despite representations in terms of the Annexure-1 of the writ application. The existence of the State Policy decision is not in dispute. However, it is not brought on the record b...

Bharat Sanchar Nigam Ltd. Vs. State of Bihar and ors.

Court: Patna

1. Heard Mr. L.N. Rastogi, counsel for the petitioner and the Advocate General appearing on behalf of the State.2. The petitioner M/s. Bharat Sanchar Nigam Limited is aggrieved by and seeks to challenge the order, dated 22.3.2006 by which the Assistant Commissioner of Commercial Taxes, Patliputra Circle, Patna, imposed on it the penalty of Rs. 3,50,37,414.82 under Section 25(ka) of the Bihar Finance Act, 1981 and Section 41(1) of the Value Added Tax Act, 2005. He gave a notice to the petitioner to show cause why a penalty under the aforesaid provisions may not be imposed on it for its failure to make deductions of advance tax from the bills of its works-contractors before payment of their bills. A photo stat copy of the notice is at Annexure 5 from which it appears that it was issued by the Assistant Commissioner, Commercial Taxes on 16.3.2006 asking the petitioner to appear before him on 22.3.2006 at 11 in the morning. According to the petitioner, it was received in its office on 20....

Jagat Singh and ors. Vs. the State of Bihar and ors.

Court: Patna

Barin Ghosh and A.K. Tripathi, JJ. 1. In the year 1916 the then proprietor of the land in question executed a Khewat and thereby declared that three persons named in the Khewat are the raivats/tenure holders of the land in Question. Revenue records were thereupon prepared and in those the name of the first person was shown with suffix 'others'. The proprietor who executed the Khewat acquired the title of the land in question by reason of a family partition effected prior to the date of execution of the Khewat.2. Subsequently when register of land was prepared under the Bihar Consolidation of Holdings and Prevention of Fragmentation Act, it was shown therein that the son of the proprietor of the land is the raiyate of the land in question, i.e. acquired right to hold the same.3. The writ petitioners, being the heirs of the person first named in the Khewat, then filed an objection under Section 10 of the Act and having lost before the Consolidation Officer preferred an appeal and again ...

Satyendra Sharma and Surendra Sharma Vs. State of Bihar

Court: Patna

Rekha Kumari, J.1. Both these appeals arise out of a common judgment and hence, they are being disposed of by this common judgment.2. These appeals are directed against the judgment dated 15.4.2002 passed by the 6th Additional Sessions Judge, Chapra (Saran) in Sessions Trial No. 475 of 1996 by which he has convicted both the appellants under Section 302/34 of the Indian Penal Code and has sentenced them each to undergo imprisonment for life and also to pay a fine of Rs. 5000/- each and in default to undergo further R.I. for a period of six months.3. The prosecution case, in brief, is that on 4.10.1994 at about 1.15 p.m. the informant Dilip Singh along with his cousins Ajay Singh and Sunil Singh and his brother Amerika Singh started from his shop at Municipality Chowk for his residence at Dahiyawan Tola by a Maruti Van bearing registration No. BR-04-9991. The vehicle was being driven by Amerika Singh and the informant, Ajay Singh and Sunil Singh were sitting on the rear seat of the sai...

Dr. Bhupendra Nath Singh Vs. the Union of India (Uoi) and ors.

Court: Patna

J.N. Bhatt, C.J.1. By this writ petition, the petitioner has questioned his non-selection for the post of Director of Nava Nalanda Mahavihara, Research Institute (Institute) situated in Nalanda in the State of Bihar, by invocation of the provisions of Article 226 of the Constitution of India. The question, therefore, which emerges for consideration and adjudication in this writ application under Article 226 of the Constitution of India is whether the selection of respondent No. 8 Dr. Ravindra Kumar Panth -- alias Ravindra Panth, for the said post is justified or not?2. In order to appreciate the merits of the petition and the challenge against it, let there be, at this stage a skeletal projection of factual profile relevant to the aforesaid issue and material legal proposition. First of all, a chronology of events as culled out from the records of the case, is necessary.CHRONOLOGY OF EVENTSDATEEVENTS1.17.5.1999An advertisement for appointment to the post of Director, Nava NalandaMahav...

Rana Bahadur Singh Vs. State of Bihar and ors.

Court: Patna

J.N. Bhatt, C.J.1. Heard learned Counsel appearing for the parties and perused the records, as well as, the impugned judgment of the learned single Judge.2. The short question, which has emerged in this Letters Patent Appeal is as to whether the dismissal of the petition for the claim of Rs. 19.875/- together with compensation ten times of the same amount, allegedly, having been deducted by the employer is justified or not?3. Let there be a skeleton projection of the; factual matrix. The appellant-original writ petitioner's case, shortly stated, has been that he was appointed as a Salesman of the Firm known as Keshri Medical Hall, Kaprapatti, Saharsa in May, 1965 on the monthly salary of Rs. 250/- and that his salary was raised from time to time and at the relevant time he was drawing an amount of Rs. 500/- per month by way of salary.He has further averred that in order to see that his daughters are happily married, he used to get an amount of Rs. 400/- deducted from the salary of Rs....