Patna Court February 2006 Judgments

Hemant Kumar Nirmal and anr. Vs. Union of India (Uoi) and ors.

Court: Central Administrative Tribunal CAT Patna

Reported in: (2007)(1)SLJ7CAT

1. This O.A. has been filed by the applicants against the order of the respondents dated 16.2.2005 (Annexurc-13) whereby they were reverted back to the post of PGT.2. The brief facts of the case is that the applicants had been duly appointed as Principal on the recommendation of the Selection Committee and the Competent Authority had approved the appointment of the applicants as Principal. The applicants were initially appointed in the Kendriya Vidyalaya Sangathan (in short KVS) as Post Graduate Teachers.As per the recruitment notice which was published in the Employment News by the KVS by which applications were invited for various posts including the post of Principal. Apart from mentioning essential qualification, the employment notice also stated that the KVS may hold a written test and thereafter call the candidates for interview on the basis of merit test for academic, professional and other qualification.It was also stated that the selected candidates are liable to be posted an...

Sidharth (Dr.) and ors. Vs. State of Bihar and anr.

Court: Patna

Rekha Kumari, J.1. This is an application under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the Code) for quashing the order dated 5.7.2003 passed by the learned Sub-Divisional Judicial Magistrate, Patna in Complaint case No. 1434(C) of 2003 by which he has taken cognizance and ordered to issue summons against the petitioners for standing trial under Sections 498A of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act, and also for quashing the order dated 18.12.2004 passed by the learned Sub-Divisional Judicial Magistrate refusing to discharge the petitioners under Section 245(1) of the Code.2. Heard,3. Learned Counsel for the petitioners submitted that opposite party No. 2 has filed the above complaint case against the petitioners for taking action under Section 498A of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act and the complaint was filed on or about 3.7.2003 whereas the petitioner No. 1 had filed one mont...

Post Master, Patna and Another Vs. Anil Kumar Gupta

Court: Bihar State Consumer Disputes Redressal Commission SCDRC Patna

Dr. (Mrs.) G. Venkataraman, Member 1. The appellants are P.M.G. Post, Patna and the Senior Superintendent of Post Office, Patna. The respondent is Anil Kumar Gupta. 2. The appeal is against an order dated 2.9.1999 passed by District Forum, Patna in Complaint Case No. 588/1994 whereby the District Forum directed the O.Ps. (appellants) to pay Rs. 5,000 as compensation to the complainant as the speed post article sent by him after payment of charges was not delivered to the addressee at Lucknow within time. 3. After notice, the respondent personally appeared on 26.12.2000 and got copy of the appeal and petitions for condonation of delay and stay and yet remained absent on four consecutive dates. Hence, the matter was heard ex parte. Briefly the complaint was that he had sent an application to the U.P. Subordinate Service Commission with Bank Draft on 28.4.1994 by speed post paying the charges of Rs. 30. The last date for the receipt of applications in U.P. was 30.4.1994. But his letter wa...

Manju Kumari Sharma and ors. Vs. Bhupendra NaraIn Singh and ors.

Court: Patna

M.L. Visa, J.1. Respondent No 1 has filed the application under consideration under Section 151 of Code of Civil Procedure. (In short 'C P C'; for vacatinq order of stay of delivery of possession passed by this Court on 02.04.1991.2. The case of petitioner. who is respondent No 1. is that this Court. on a petition filed by the appellants for stay of execution of decree, passed orders staying the further proceeding of Execution Case No 4 of 1991 pending in the Court of Subordinate Judge IV, Chapra in relation to delivery of possess ion of the suit, house and appellants were directed to execute a bond of Rs. 3.000/- with one surety undertaking thereby to vacate the property in suit within one month if the appeal is dismissed and in default to Day a sum of Rs. 3.000/- to decree holder with a further undertaking that they would not change the status quo of the property in their possession failing which the aforesaid amount shall be forfeited.3. The case of petitioner is that after passin...

Mithilesh Kumar Vs. Union of India (Uoi) and ors.

Court: Patna

1. The challenge in this writ application is against the order of the Central Administrative Tribunal, Patna Bench, Patna, recorded on December 9, 2005 in O. A. No. 425 of 2001, whereby the challenge at the instance of the petitioner against the order dated June 25, 2001 issued by the respondent authority terminating his services as 'Extra Departmental Branch Post Master' (E.D.B.P.M.), was made unsuccessful, hence this writ application by invocation of provisions of Article 226 of the Constitution of India.2. Let it be mentioned at the outset, to appreciate the merits of the challenge against the order of the Tribunal that the petitioner came to be appointed as 'E.D.B.P.M.', Bermi B.O. with effect from May 31, 1999. He had also produced some documents which were examined by the authority and one of them has been the marksheet of the High School Examination 1998 and School Leaving Certificate issued by 'C.B.H.E'., New Delhi.3. On doubt being raised, an enquiry came to be conducted from...

Ravi Shankar Kumar Vs. the State of Bihar and ors.

Court: Patna

S.K. Katriar, J.1. Heard Mr. S.B.K. Manglam for the petitioner, and Mr. Shatrbhu Nath, learned junior counsel to Government Pleader No. 1. This writ petition has been preferred with the prayer to quash letter No. 14/M2-298/2001-3063(14)/ Health, dated 6.6.2002 (Annexure-8), issued under the signature of the Deputy Director, Health Services, Government of Bihar, Patna, whereby the petitioner's claim for reimbursement on account of treatment of his late father, has been rejected.2. According to the writ petition, the petitioner's late father (Banshidhar Jha) was posted as a Village Level Worker in Supaul Circle office. He vomitted blood on 30.9.2001 and became unconscious. He was rushed to Patna and was admitted in the Indira Gandhi Institute of Medical Science, Sheikhpura, Patna (hereinafter referred to as the 'I.G.I.M.S.'), on 2.10.2001, and was treated up to 17.10.2001. A photo copy of his bed-head ticket is marked Annexure-1 to the writ petition. He was discharged on 18.10.2001, and...

Laxmi Ram Vs. State of Bihar

Court: Patna

Manohar Lal Visa, J.1. This Appeal is directed against the judgment and order both dated 18-4-1992 passed by Additional Sessions Judge X, Rohtas at Sasaram in Sessions Trial No. 158/29 of 1987 convicting and sentencing the appellant to undergo rigorous imprisonment for seven years under Section 304, Part II read with Section 14 of Indian Penal Code (in short 'I.P.C.') and to undergo rigorous imprisonment for six months under Section 323 read with Section 34 of I.P.C. Both the sentences have, however, been ordered to run concurrently.2. The case of prosecution, in short, is that a Lota was stolen from the house of informant Tejiya Devi (PW 2) by Lal Babu Ram, son of Somaru Ram. On 28-8-1996 at about 4 p.m. informant along with her deceased husband Sahdeo Ram was making enquiry from co-accused Somaru Ram and his wife in a lane in front of their house about stolen Lota when appellant and co-accused Somaru Ram both started assaulting Sahdeo Ram with lathis who, on receiving the injury, on...

Mahendra Prasad Vs. State of Bihar and anr.

Court: Patna

M.L. Visa, J.1. This application by the petitioner has been filed for quashing the order dated 4-11-2004 passed by Sri S. B. Prasad Singh. Judicial Magistrate. Gaya, in Complaint Case No. 317 of 1997 rejecting the prayer of petitioner to discharge him and for quashing entire criminal proceeding of the case.2. Brief facts of the case are that opposite party No. 2 Rajendra Prasad Shah, Branch Manager, Magadh Branch. Bihar State Financial Corporation, Gaya (For short BSFC) filed complaint which was numbered as Complaint Case No. 317 of 1997 against the petitioner, his father and his brother alleging therein that Anant Ram, father of petitioner is Managing Director of Shree Bishnu Roller Flour and Oil Mill Pvt. Ltd. Gaya and petitioner and his brother Brijendra Prasad are the directors of the aforesaid Mill and a term loan of Rs. 56.50 Lacs was given by BSFC to accused persons in the name of third Mill and the amount of loan was to be repaid with interest and other expenditures in due ins...

Bhupendra Sahani Alias Rudal Sahani Vs. State of Bihar

Court: Patna

Manohar Lal Visa, J.1. This appeal is directed against the judgment and order dated 15-9-2004 passed by Additional Sessions Judge VIth, Bettiah in Trial No. 5 of 2002 convicting and sentencing the appellant to undergo rigorous imprisonment for ten years and to pay a fine of Rs. 1,00,000/- and in default to further undergo rigorous imprisonment for two years and Section 20(ii)(c) of Narcotic Drugs and Psychotropic Substances Act (in short 'the N.D.P.S Act').2. The case of prosecution, in short, is that on receipt of secret information that a group of smugglers carrying Ganja was to pass through Sidhwalia Dhala under Sikta Police Station, a raiding party comprising Customs and Special Services Bureau (S.S.B.) officials was organised in the night of 3-11 -2001. The raiding party reached the place and it was divided in two groups. At about 4.10 a.m. on 4-11-2001, appellant was caught along with 33 kilograms of Nepali Ganja in four packets wrapped in polythene sheets three bicycles, three...

Badru Nisha @ Madhuri Devi Vs. Yogendra Prasad Sinha

Court: Patna

Syed Md. Mahfooz Alam, J.1. This second appeal has been preferred against the judgment and decree dated 26th May, 1986 passed by Ist Additional District Judge, Begusarai in S.J.T.A. No. 8 of 1981 / 14 of 1982 whereby the learned Additional District Judge has been pleased to set aside the judgment and decree dated 1.4.1981 and 14,4.1981, respectively, passed by Sri Nagendra Narayan Singh, 3rd Additional Subordinate Judge, Begusarai in Title Suit No. 100 of 1977 / 17 of 1981 decreeing the suit of the plaintiff for specific performance of the contract.2. The brief facts of the case are that the plaintiff-appellant has brought a suit for specific performance of contract against the defendant-respondent claiming relief for issuing direction to the defendant-respondent to execute a sale deed in favour of the plaintiff-appellant in respect of 10 dhurs of land and the house standing thereof appertaining to Khesra No. 87 Khata No. 96 situated in Mohalla Lohianagar, Begusarai.3. The case of the...