Patna Court November 2006 Judgments
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Tata Iron and Steel Company Limited Vs. State of Bihar and ors.
Court: Patna
Decided on: Nov-10-2006
Navaniti Prasad Singh, J.1. The State has filed counter affidavits and rejoinders have been filed thereto by the petitioner. The case was heard on several dates and as would, be noticed adjourned for documents to be furnished by the State. In view of the stand taken by the State today, this writ petition is now being disposed of with the consent of parties as in my view no material issue is left to be decided.2. This writ petition was filed on 24.03.2004 by the petitioner-Company for issuance of an appropriate direction to the respondent-State to make adequate fund allocation for payment of its long outstanding dues which was admitted by the authorities but could not be paid because of non-availability of fund. The matter was adjourned for several days alongwith other similar matters of the same petitioner. Ultimately, a counter affidavit was filed by the State stating that while the matter was pending before this Court, the matter was referred to a Liability Committee constituted by ...
Bharat Deo Pathak and Anil Kumar Vs. Bihar State Food and Civil Suppli ...
Court: Patna
Decided on: Nov-09-2006
Chandramauli Kr. Prasad, J.1. Petitioners besides Nand Kishore Ram and Rajendra Prasad, aggrieved by the order dated 31.3.2003 cancelling their promotions to the post of Assistant Account Officer Grade II with effect from 8.6.1980 preferred C.W.J.C. No. 4286 of 2003 (Bharat Deo Pathak and Anr. v. Bihar State Food & Civil Supplies Corporation and Ors.) and C.W.J.C. No. 5618 of 2003 (Nand Kishore Ram and Anr. v. Bihar State Food & Civil Supplies Corporation and Anr.) before this Court.2.Both the writ applications were heard and disposed of by order dated 10th of September, 2003. While disposing of the aforesaid writ application, this Court directed as follows:I have found the promotion of the petitioners to be illegal only on the ground that the recommendation of the Bureau of Public Enterprises has not been obtained. Keeping in mind the equity I direct that the case of the petitioners for promotion be sent to the Bureau of Public Enterprises for its post facto approval within two weeks...
Md. Shabir Vs. State of Bihar and ors.
Court: Patna
Decided on: Nov-09-2006
S.C. Jha, J.1. Heard.2. This is an application for quashing the order dated 29-7-2003 passed by Sri Alok Raj, Judicial Magistrate, 1st class, Aurangabad, in Complaint Case No. 851/2002 as also for quashing the order dated 28-2-2006 passed by Sri Kishori Ram, Additional Sessions Judge-Fast Track Court No. 5, Aurangabad, in Cr. Revision No. 115/2003/13/2005 by which he has affirmed the order dated 29-7-2003 dismissing the complaint petition.3. A police case had been instituted bearing Haspura P.S. Case No. 23/2000 against O.P. Nos. 2 to 17 under various Sections of Indian Penal Code and after investigation, the Investigating Officer submitted Final Form against the accused persons. The learned Magistrate after examining the complainant's witnesses dismissed the complaint petition by the impugned order.4. As per allegation, all the accused persons in the complaint petition abused the complainant and assaulted him with Lathi and Bhala. When the family members of the complainant intervened...
Sanjeev Kumar Dwivedi Vs. State of Bihar and ors.
Court: Patna
Decided on: Nov-09-2006
Navaniti Pd. Singh, J.1. Heard the parties.2. As directed by this Court the State has filed a supplementary counter affidavit with regard to the status of the departmental enquiry as against the erring officers.3. With the consent of the parties, this writ application is being disposed of at the admission stage itself.4. The petitioner entered into an agreement with the State for executing certain works under different agreements. Having executed the work he made representation for payment of his bills, which was not done for paucity of fund. This forced the petitioner to come to this Court. By filing this writ application in September, 2004 the petitioner prayed for direction to the State to allot funds for payment of his bills pursuant to work done by him . It appears from Annexure 1 that the claim of the petitioner for the work done was accepted by the Executive Engineer who forwarded the same to the Superintending Engineer and the Chief Engineer for necessary action. Nothing came ...
The State of Bihar and ors. Vs. Anil Kumar
Court: Patna
Decided on: Nov-09-2006
J.N. Bhatt, C.J.1. The short question which has come up for consideration in this Letters Patent Appeal, under Clause 10 of the Letters Patent in the Patna High Court Rules, is as to whether the interpretation reached by the learned Single Judge in the impugned judgment dated 22.7.2005, passed in CWJC No. 1556 of 2000, with regard to the age limit prescribed for appointment by promotion to the post of Sub Inspector of Excise in Rule 1 of the Recruitment of Sub Inspector of Excise Rules, 1954 (In short '1954 Rules'), which were brought into force in exercise of the powers conferred by the proviso to Article 309 of the Constitution of India, in supersession of all previous rules, on the subject, of the Government of Bihar relating to recruitment of Sub Inspector of Excise by direct appointment, as well as, by promotion, is justified or not?2. A few material and relevant facts giving rise to this appeal may be articulated at this juncture with a view to appreciating the merit of the appe...
Manna Das Vs. State of Bihar
Court: Patna
Decided on: Nov-08-2006
Ghanshyam Prasad, J.1. The sole accused-appellant has preferred this appeal against the judgment of his conviction and order of sentence dated 24.1.2003/25.1.2003 passed by Sri Ram Niwas Prasad, Additional Sessions Judge, Fast Track Court No. 5, Sitamarhi in G.R. No. 194 of 2000, Tr. No. 10 of 2002. The accused-appellant has been convicted under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 and sentenced to undergo rigorous imprisonment for ten years and also to pay fine of rupees one lac and in default to further undergo rigorous imprisonment for three years.2. The prosecution story in short is that on receipt of a secret information the then Officer Incharge of Pupri Police Station, namely Rajesh Barnwal (P.W.7) along with police party on 20.5.2000 at about 5 PM laid a trap near Madhubani chowk to nab criminals carrying ganza. In the meantime two persons on a Yezdi motorcycle came near the chowk from the side of Sursand-Pupri Road, Police party challenged th...
Madhubani Kshetriya GramIn Bank and ors. Vs. Ram Anuj Thakur and ors.
Court: Patna
Decided on: Nov-08-2006
Barin Ghosh and Madhavendra Saran, JJ.1. By the judgment and order under appeal dated 20.12.1996 three writ petitions were dealt with. One of them registered as CWJC No. 7108/92 was filed by the respondents in LPA No. 177 of 1997. The other LPA has been filed by the writ petitioner in CWJC No. 8015/93.2. The facts of the case and respective contentions of the parties in the said writ petitions have been elaborately dealt with by the judgment and order under appeal. We need not go into the details thereof.3. We would however, highlight the salient facts which are not in dispute.4. The appellant bank in LPA No. 177 of 1997 is the employer of the writ petitioners in both the aforementioned writ petitions. The writ petition registered as CWJC No. 7108 of 1992 was filed by 8 petitioners; whereas writ petition registered as 8015/1993 was filed by one petitioner. In CWJC No. 7108/92 the petitioners contended that they are Senior Managers/Area Managers of the employer and accordingly were ent...
Bangali Mian and Mahanth Mian Vs. the State of Bihar
Court: Patna
Decided on: Nov-08-2006
Anwar Ahmad, J.1. This appeal is directed against the judgment of conviction dated 14.6.2002 and order of sentence dated 17.6.2002 passed by Shri Lakshman Sinha, Additional Sessions Judge, Fast Track Court No. III, Gopalgani, in Sessions Trial No. 67 of 1989/36 of 2002. The learned Additional Sessions Judge has convicted both the appellants for the offence under Sections 306 and 201 of the Indian Penal Code (in short, IPC). He has sentenced the appellant Mahanth Mian to R.I. for 10 years for the offence under Section 306 IPC and R.I. for 3 years for the offence under Section 201 IPC with the order to run both the sentences concurrently. He has sentenced the appellant Bangali Mian to R.1. for 5 years for the offence under Section 306 IPC and R.I. for 2 years for the offence under Section 201 IPC with the order to run both the sentences concurrently.2. Ainul Mian son of Sukhari Mian of Village Nirialha, P.S. Gopalpur, District-Gopalgani submitted written report dated 9.1.1988 to the Off...
Anil Kumar Agrawal and ors. Vs. State of Bihar and ors.
Court: Patna
Decided on: Nov-08-2006
Aftab Alam, J.1. There are five petitioners in C.W.J.C. No. 3873 of 2006 and a single one in C.W.J.C. No. 11316 of 2006. They are all aggrieved by and seek to challenge a public notice dated 11.03.2006 and its supplement dated 8/13.09.2006 issued by the District Magistrate, Gaya, in an effort to regulate the sale of Mahua flowers.2. All the six petitioners are wholesale dealers of Mahua flowers. All the six petitioners are registered as dealers under the Bihar Finance Act, 1981, and they also hold licences/permits under the Bihar Agricultural Produce Markets Act, 1960. The petitioners maintain that their buyers used Mahua flowers as animal fodder and in extreme conditions even for human consumption. They would wish to make it appear as if there is no connection between Mahua flowers and any intoxicant.3. According to the impugned notice dated 11.03.2006, the reality appears otherwise. In the notice, it is stated that in the special raids conducted by the Excise Department in the distr...
Usha Liquors Private Limited and anr. Vs. the State of Bihar and ors.
Court: Patna
Decided on: Nov-08-2006
Aftab Alam, J.1. The petitioners seek to challenge the order dated 10.08.2005 (Annexure-6) passed by the Deputy Commissioner, Excise by which he rejected their request to return the security deposit of Rs. 1,50,000/- submitted in the form of National Saving Certificate(s) and directed for the forfeiture of the amount.2. The facts of the case are brief and without controversy. The petitioners were granted the exclusive privilege of manufacture and wholesale supply of spiced country-liquor in Muzaffarpur, Saran and Darbhanga regions for the period 1.7.1999 to 31.03.2002. For the grant of the privilege, they had paid a sum of Rs. 1,50,000/- as security deposit. Following the grant of privilege, the petitioners were obliged to deposit Rs. 5,00,000/- as licence fee for the manufacturing unit and Rs. 50,000/- per annum for each warehouse as per condition No. 4 of the letter of the grant. They were also required to establish a sachetting/bottling plant. The petitioners did not comply with an...
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