Patna Court June 2006 Judgments
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Devi Dayal Giri Vs. the State of Bihar and ors.
Court: Patna
Decided on: Jun-23-2006
Ramesh Kumar Datta, J.1. Heard the learned Counsel for the petitioner and the learned Standing Counsel No. 1 for the State.2. The petitioner is aggrieved by the Force Order No. 588/98 dated 8.9.98 communicated by Memo No. 493 dated 23.9.98 by which the date of birth recorded in his Service Book as 1.1.1948 has been changed to 15.2.1946 and accordingly he has been superannuated from service with effect from 14.2.2004. The petitioner also seeks quashing of the Memo No. 3006 dated 1.10.2003 by which his representation for accepting his date of birth as 1.1.1948 has been rejected and for other consequential reliefs.3. The facts of this case are that the petitioner was enrolled as Homeguard on 15.2.1965 and as per his statement his age as recorded in enrollment register as 19 years which is minimum statutory requirement as per Act and Rules.4. The petitioner was confirmed and made regular by order dated 22.5.1966 and thereafter his Service Book was opened in which his date of birth was rec...
Uma Shankar Sah Vs. the State of Bihar and ors.
Court: Patna
Decided on: Jun-23-2006
Aftab Alam, J. 1. Heard Mr. Ashok Kumar Choudhary, counsel for the petitioner and the J.C. to G.P.VII representing the State. Also heard Mr. R.N. Mukhopadhya, counsel appearing on behalf of the respondent Regional Rural Bank.2. The petitioner seeks to challenge the proceedings of Certificate Case No. 6 of 2002-03 instituted against him before the Subdivisional Certificate Officer, Banka. The certificate case was instituted by the Collector, Banka for recovery of the amount allegedly payable as stamp duty (Rs. 12,600/-) and registration fee (Rs. 5000/-) on the deed of simple mortgage executed by the petitioner in favour of the respondent bank in connection with a loan taken by him.3. The relevant facts of the case are simple and brief. In the year, 1996, the petitioner took an agriculture loan of Rs. 2 lacs from the Bhagalpur - Banka Kshtriya Gramin Bank, Bounsi branch. He was required to make a simple mortgage of his land(s) as security for repayment of the loan amount. The petitioner...
Sudhir Prasad Singh Vs. the State of Bihar and Rajendra Pandey
Court: Patna
Decided on: Jun-22-2006
Rekha Kumari, J.1. This is an application filed under Section 482 of the Code of Criminal Procedure, 1973 for quashing the order dated 18.2.2003 passed by Sri Murlidhar, J.M. 1st Class, Nawadah in Trial No. 458 of 2002 by which he has rejected the prayer of the petitioner to discharge him.2. Heard learned Counsel for the petitioner, the Opposite Party and the learned A.P.P. for the State.3. It appears that a complaint was filed by Rajendra Pandey, Opposite Party No. 2 against the petitioner alleging therein that the son of the complainant was taken away by the accused persons including the petitioner and thereafter he did not return. The complaint was sent to the police station for investigation on the basis of which a first information report being Nawadah (Mufassil) P.S. Case No. 83/1998 was registered. The police investigated into the case and found the case to be false. Thereafter the case proceeded as a complaint case and after enquiry cognizance was taken. The petitioner as agai...
Girish Jha and ors. Vs. the State of Bihar and ors.
Court: Patna
Decided on: Jun-21-2006
Ramesh Kumar Dutta, J.1. Heard the learned Counsel for the petitioners. No one was present for the State.2. The matter was heard yesterday and today on the G.P. being called, his J.C., Abhinaw Raj, came to the Court and informed that he is not in a position to assist the Court in the matter.3. The petitioners seek quashing of the order passed by respondent No. 4 vide Memo No. 464 dated 17.3.2005 (Annexure-17) by which the pay revision of the petitioners in the scale of skilled artisan, (handicraft) has been rejected.4. Learned Counsel for the petitioners submits that earlier also these petitioners had approached this Court by filing C.W.J.C. No. 1772 of 2004 and by order dated 31.1.2005 this Court had directed respondent No. 2 the Finance Commissioner, to take a decision in the matter regarding payment of scale to the petitioners on the basis of 5th Pay Revision Committee's Report for the post of Skilled Artisans within a period of three months.5. The grievance of the petitioners is t...
Arun Kumar Pandey Vs. State of Bihar and anr.
Court: Patna
Decided on: Jun-21-2006
Rekha Kumari, J.1. This is an application under Section 482 of the Code of Criminal Procedure, 1973 for quashing the order dated 14.10.2004 passed by the 5th Additional sessions Judge, Manger in Criminal Revision No. 291 of 2003 affiancing the order dated 2.6.2003 passed by the Judicial Magistrate, 1st Class, Munger in G.R. Case No. 188 of 2001 arising out of Kotwali P.S. Case No. 60 of 2001.2. Heard.3. It appears that the facts of the case need not be stated for the purpose in hand. It would be suffice to say that the Opposite party No. 2 Ravi Shankar Pandey filed a written report at Kotwali police station, Munger against the petitioner Arun Kumar Pandey and others for which Kotwali P.S. Case No. 50/2001 under Section 341, 323, 370 read with Section 34 of the Indian Penal Code was registered. The police investigated the case and after investigation submitted chargesheet under Section s 341, 325/34 of the Indian Penal Code. The learned Chief Judicial Magistrate, Munger accordingly too...
Anita Kumari Vs. the State of Bihar and ors.
Court: Patna
Decided on: Jun-21-2006
Ramesh Kumar Datta, J.1. Heard the learned Counsel for the petitioner and the learned J.C. to G.P. 9.2. The petitioner seeks quashing of the entire selection of Process for the post of Anganbari Sevika, Parsahi (East) Centre No. 3, Mushhari Tola (Goth), Khutauna, Madhubani and further for a direction to the respondents to make selection according to the Government Circular dated 13.6.1998, Annexure-1.3. The grievance of the petitioner is to pass necessary order for the appointment of the petitioner on the said post of Anganbari Sevika in place of respondent No. 7, Smt Rinku Kumari.4. The case of the petitioner is that the Aam Sabha was held on 3.1.2004 and the petitioner was selected alongwith the three candidates for the post of Anganbari Sevika. However, subsequently instead of petitioner, respondent No. 7 was appointed on the said post.5. A counter affidavit has been filed on behalf of respondent No. 2 to 5 wherein it has been stated that several complaints were lodged by the parti...
Pramod Singh Vs. the State of Bihar and ors.
Court: Patna
Decided on: Jun-21-2006
Ramesh Kumar Datta, J.1. This writ petition has been filed for quashing of the order vide Memo No. 135 dated 26.2.2003 issued by the Superintendent of Police Railway, Katihar and for further quashing of the follow up order vide Memo No. 471 dated 18.3.03 by which the petitioner has been removed from service on the ground that his appointment was not made after following the process of selection. Petitioner further claims for a direction to the respondents to reinstate him with all consequential benefits.2. The case of the petitioner is that his father Tirath Narayan Singh was working as constable in Bihar Police and on 30.1.1989 he made an application before the Inspector General of Police, Railway, stating that his health was very poor and on that account he was facing trouble in discharging hard duty on the post of constable and, thus, he may be permitted to voluntarily retire and in his place his son, the petitioner, may be appointed on the post of constable. After some further rem...
Tulsi Kendu Vs. Sri Prahalad Sukula and anr.
Court: Patna
Decided on: Jun-20-2006
Syed Md. Mahfooz Alam, J.1. This second appeal has been preferred against the judgment and decree dated 31.3.1989 passed by Sri Narendra Kumar Lal, 4th Additional District Judge, Gaya in Title Appeal No. 41 of 1987/31 of 1987 whereby he has been pleased to reverse the judgment and decree passed by Sri Jamilur Rahman, Subordinate Judge, Gaya on 10th April, 1987 in Title Suit No. 59 of 1985 and dismissed the suit of the plaintiff - appellant.2. The case of the plaintiff - appellant is that the suit land described in Schedule A of the plaint appertaining to plot No. 116 of khata No. 79 measuring an area of 57 decimals situated in village Deodharpur Bahelia Bigha, Thana Tekari District Gaya stands recorded in the name of Balkishun Kandu, grand-father of the plaintiff and defendant No. 2 in the cadastral survey. The said Balkishun Kandu had three sons, namely, Bigan Kandu, Suraj Kandu and Ekadashi Kandu. The said Balkishun Kandu died after cadastral survey in the state of jointness with hi...
Usha Devi Vs. the State of Bihar and ors.
Court: Patna
Decided on: Jun-20-2006
Chandramauli Kr. Prasad, J.1. A child aged about four and half years old, kidnapped for ransom was recovered from the house of the petitioner. Earlier case under Section 363 and 365 of the Indian Penal Code was registered. According to the prosecution, the accused persons were demanding ransom of Rs. five lakhs for release of the child. During the course of investigation petitioner was found involved in the crime. She was arrested and on the failure of the Investigating Officer to submit charge sheet within 90 days she was released on bail in terms of Proviso (a) to Section 167(2) of the Code of Criminal Procedure. Later on, charge sheet was submitted against the petitioner under Section 364A, 363 and 365 of the Indian Penal Code and the learned Magistrate took cognizance of the offence and the case was committed to the Court of Sessions. After commitment of the case petitioner appeared before the trial Court and prayed that she may be allowed to continue on bail, which prayer has bee...
Md. Farooquzzaman and ors. Vs. State of Bihar and ors.
Court: Patna
Decided on: Jun-19-2006
Mridula Mishra, J.1. Petitioners in the present writ applications are Class III employees of Bihar Government and their prayer is for protection from their arrest in Special Case No. 19 of 2005. They are successful candidates in Bihar Administrative Service, 1st Limited competitive Examination, 2003.2. The ground for filing this writ applications is that there is no justification for the Vigilance police to arrest them as petitioners have absolutely played no role in the alleged conspiracy undertaken by the Chairman and Staff of Bihar Public Service Commission (hereinafter to be referred to as the B.P.S.C.) in the process of selection.3. Brief facts of the case leading to the filing of the present writ application are as follows:4. In the year 1951 Bihar Civil Services (Executive Branch) and Bihar Junior Civil Services Recruitment Rules, 1951 were framed for the appointment of Class II Gazetted Officers within the State of Bihar. As per Rule (2)(A) (B) and (C) Part II and Part III fix...
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