Patna Court August 2006 Judgments
Ramakant Singh and Etc. Vs. State of Bihar and anr.
Court: Patna
Decided on: Aug-23-2006
Mridula Mishra, J.1. All these criminal miscellaneous application have been filed for similar relief as such have been taken together and are being disposed of by this common order.2. Petitioners in all these applications are Class-A1 contractors doing contract work in various Central Government projects as well as the State Government projects Including Railway, C.P.W.D. etc. They are alleged to have deposited the stolen National Saving Certificate (N.S.C.) and Kishan Vikash Patras (K.V.P.) in connection with surety for contract. These NSCs and KVPs were stolen from railway wagon at Patna Railway Junction. G.R.P.S. Case No. 29 of 1998 was earlier registered on 24-2-1998 in connection with theft of crores of NSCs and KVPs. The informant of this case was Laxman Dixit, S.I. G.R.P.F. F.I.R. was against unknown. During the course of investigation several persons were included in the list of accused including the petitioners as they furnished stolen NSCs and KVPs as security for contract. ...
Tag this Judgment!Lalit Kumar Singh and ors. Vs. the State of Bihar and anr.
Court: Patna
Decided on: Aug-23-2006
Mridula Mishra, J.1. All these criminal miscellaneous applications have been filed for similar relief as such have been taken together and are being disposed of by this common order.2. Petitioners in all these applications are Class- A-1 contractors doing contract work in various Central Government projects as well as the State Government projects including railway C.P.W.D. etc. They are alleged to have deposited the stolen National Saving Certificates (N.S.C) and Kishan Vikash Patras (K.V.P.) in connection with surety for contract. These NSCs. and KVPs. were stolen from railway wagon at Patna Railway Junction. G.R.P.S.Case No. 29 of 1998 was earlier registered on 24.2.1998 in connection with theft of crores of NSCs. and KVPs. The informant of this case was Laxman Dixit, S.I. G.R.P.F. F.I.R. was against unknown. During the course of investigation several persons were included in the list of accused including the petitioners as they furnished stolen NSCs. and KVPs as security for contr...
Tag this Judgment!Ashok Kumar Vs. State of Bihar
Court: Patna
Decided on: Aug-22-2006
Navaniti Prasad Singh, J.1. Heard the parties.2. The two writ applications are as between the same parties and a common question of law arises, as such, with consent of parties, both are taken up together. In the first writ application, a counter-affidavit has been filed on behalf of respondent No. 3, the Assistant Commissioner of Commercial Taxes, Biharsharif Circle, Biharsharif (Nalanda) who is the Requisitioning Officer in both the cases in respect of two separate certificate proceedings being Certificate Case No. 51 of 2001-02 and Certificate Case No. 50 of 2001 -02 which are pending before the Certificate Officer, Nalanda at Biharsharif.3. Learned Counsel for the petitioners submits that the present certificate proceedings have been initiated for realisation of certain sales tax dues in respect of M/s. Nalandalspat Udyog Private Limited, Meharpar, Biharsharif, which is a private limited company incorporated under the provisions of the Companies Act, 1956 and is a juristic entity ...
Tag this Judgment!Ram Chandra Roy Vs. the Banking Ombudsman and ors.
Court: Patna
Decided on: Aug-22-2006
1. After having heard learned Counsels appearing for the parties and considering the facts and Circumstances, as well as, the grounds mentioned in the application for condonation of delay, we are satisfied that there was a sufficient cause for not filing the Letters Patent Appeal within the period of limitation. Therefore, the application for condonation of delay shall stand allowed and the delay of 39 days in filing this Letters Patent Appeal shall stand condoned.2. Rule is made absolute. No costs.3. By this Letters Patent Appeal, the appellant has questioned the legality and validity of the part of the impugned order of the learned Single Judge dated 8.3.2006 in C.W.J.C. No. 4476 of 2004, whereby, upon consideration of the facts and circumstances, as well as, the merits the learned Single Judge found that the writ petition is frivolous and burdening the Court with a most unwanted matter while observing, in view of no objection of the counsel for the Bank, for withdrawal of an amount...
Tag this Judgment!Manoj Kumar Verma and ors. Vs. the Union of India (Uoi) and ors.
Court: Patna
Decided on: Aug-21-2006
Aftab Alam, J.1. This writ petition is filed at the instance of 20 people employed as Assistant Teachers in Nationalised Elementary Schools. Petitioners 1 to 10 are posted in schools in the State of Jharkhand and petitioners 11 to 20 in schools in Bihar. The first group (petitioners 1-10) wants to come over to Bihar and the second group (petitioner 11-20) wants to go over to Jharkhand. The petitioners take the plea that if it is not possible to transfer them independentally, they may at least be allowed mutual transfers; petitioners 1 to 10 may be transferred to Bihar and petitioners 11 to 20 be sent to Jharkhand in their place.2. Before proceeding further, it may be noted that petitioners 1 to 6 and petitioner No. 10 had earlier come to this Court in CWJC No. 7944 of 2005 seeking the same relief. At that time, their representation(s) before the State Advisory Committee constituted for division of cadres between the two States was pending and for that reason, this Court declined to en...
Tag this Judgment!Sri Brij Nandan Chaudhary Vs. the State of Bihar and ors.
Court: Patna
Decided on: Aug-21-2006
J.N. Bhatt, C.J.1. By this petition under Article 226 of the Constitution of India the petitioner has questioned the legality and validity of the order of his dismissal from service recorded, on 25.1.1985. He has also sought its quashing with consequential benefits.2. Let there be a few material facts giving rise to this petition. On 15.10.1974, the petitioner came to be appointed as Bill Clerk in the Directorate of Employment & Training, Government of Bihar. In the year 1979, a limited competitive examination of the Lower Grade Secretariat staff was conducted and the petitioner became successful in the said examination and was allotted Irrigation Department for appointment on the post of Assistant by virtue of allotment letter under memo No. 58 dated 14.1.1981. Thus, the petitioner was appointed in the Directorate on the post of Assistant.3. In the meantime, a departmental proceeding came to be initiated against the petitioner, inter alia, on the charge that the petitioner had obtain...
Tag this Judgment!Dr. Vijay Kumar Vs. the Bihar Public Service Commission and ors.
Court: Patna
Decided on: Aug-21-2006
Barin Ghosh, J.1. On 14th March. 2001, the State Government submitted a requisition with B.P.S.C. for selecting a suitable candidate for being appointed as Director Archives. In the requisition, it was mentioned that the Essential qualification of the person to be selected should be at least a 2nd Class M.A. with adequate knowledge in Archive Science and 7 years experience in an Archive Office in a Supervisory Capacity. It was also mentioned that editing and publication of old records will also be treated as essential qualification of the person to be so selected. With that, it was mentioned that having a diploma in Archives keeping from the National Archives of India and conducting and guiding research work in Archive Science shall be desirable qualification. It was mentioned that these qualifications are relaxable. It therefore suggested that although, essential qualifications may not be relaxable but desirable qualifications may be relaxed. The requisition provided that apart from ...
Tag this Judgment!Rameshwar Singh and ors. Vs. the State of Bihar and ors.
Court: Patna
Decided on: Aug-21-2006
I.P. Singh, J.1. This application filed under Section 482 of the Code of Criminal Procedure, 1973 (in short the Code) is directed against the order dated 15.9.2003 passed by the learned Chief Judicial Magistrate, Begusarai in G.R. Case No. 288 of 2003 arising out of Naya Gaon P.S. Case NO. 6 of 2003 by which deferring with the police report the learned Magistrate had passed orders for the issuance of the processes against the Petitioners for facing the trial for the offences under Sections 323, 380, 386, 120B and 504 of the Indian Penal Code. Further it is also directed against the order dated 4th May, 2005 passed by the learned 6th Addl. Sessions Judge, Begusarai in Cr. Revision No. 536 of 2003 by which he dismissed the revision application filed before him.2. The prosecution case, in short, is that one Ram Anuj Kunwar (opposite party No. 2) had filed a complaint petition before the learned Chief Judicial Magistrate Begusarai making out various allegations against the present petitio...
Tag this Judgment!Naresh Mandal Vs. the State of Bihar
Court: Patna
Decided on: Aug-21-2006
I.P. Singh, J. 1. This application filed under Section 482 of the Code of Criminal Procedure, 1973 (in short the Code) is directed against the order dated 1.7.2006 (Annexure-7) passed by Sri R.N. Tiwari, Chief Judicial Magistrate, Katihar in G. R. No. 125 of 2006 arising out of Amdabad P.S. Case No. 7. of 2006 whereby and whereunder the learned Magistrate was pleased to reject the petition dated 21.6.2006 filed by the Petitioner for staying the execution of non-bailable warrant of arrest issued against him on 13.5.2006 as also for recalling the order of the said date.2. From the record it appears that the petitioner happens to be the informant in the above mentioned case which was instituted on 30.1.2006 under Section 25(1-B), 26, 35 of the Arms Act against two persons namely, Baijnath Mandal and Dilip Mandal. In the F.I.R he has alleged that the informant alongwith several other persons caught hold of Baijnath Mandal while Dilip Mandal filed away. On search from the person of Baijnat...
Tag this Judgment!Brij Nandan Singh Vs. the State of Bihar and ors.
Court: Patna
Decided on: Aug-21-2006
S.K. Katriar, J.1. This matter comes up before us on a reference made by a learned single Judge of this Court by his order dated 3.4.2006.2. The brief facts essential for adjudication of the matter are not in dispute. One Sanat Kumar Ghosh entered into an agreement with the present petitioner on 25.7.1987, for sale of the land in question for a total sum of Rs. 1,10,000/-, and received a sum of Rs. 30,000/- by way of earnest money by cheque. The petitioner thereafter tendered the balance sum of Rs. 80,000/- to Sanat Kumar Ghosh with the request to execute the registered sale deed; he refused to receive the amount, and did not execute the registered document. The petitioner, therefore, instituted Title Suit No. 168/88 in the court of learned Sub Judge, Gaya, for specific performance of the contract. Sanat Kumar Ghosh died during the pendency of the suit and was substituted by his heirs, being his two daughters. The learned Sub Judge VI, Gaya, allowed the suit by his judgment and decree...
Tag this Judgment!- ‹ Prev
- 1
- 3
- 4
- 5
- Next ›
- Last »