Patna Court September 2006 Judgments
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Bhairabi Nandan Sinha Vs. State of Bihar and ors.
Court: Patna
Decided on: Sep-13-2006
Navaniti Prasad Singh, J.1. Heard the parties.2. The petitioner, under a duly approved work plan, had entered into an agreement for doing certain work for the State. Substantial work having been done, it is not disputed that detailed measurements of work done was made in October-November, 2002.' This is evident from Annexure-2 being the letter of Executive Engineer to the Superintending Engineer and the measurement statistics and cost prepared in October-November, 2002 wherein it was shown that out of a total work cost of about Rs. 5.81 lacs, the petitioner had completed work of about Rs. 4.11 lacs. Funds were requested for payment of the said money to the contractor for work already done. Thereafter, there are communications of the Chief Engineer noting the progress of work and need to extend the time. Again, the work actually done was measured and found to be the same as per progress certificate signed by all Engineers in December, 2003. From this, it is clear that petitioner had co...
Purushottam Das Rastogi Vs. State of Bihar and ors.
Court: Patna
Decided on: Sep-12-2006
Aftab Alam, J.1. Heard Mr. Tej Bahadur Singh, Counsel for the petitioner, the J.C. to G.A. III representing the State and Mr. Nandlal Kumar Singh, Counsel appearing for respondent No. 5.2. This writ petition is filed by the President of the Managing Committee of Narayani Girls High School. Patna City challenging the transfer order issued by the Director, Secondary Education (Annexure-1) by which respondent No. 5 has been posted as an Assistant Teacher in that school. The posting of respondent No. 5 in the school is resisted on the ground that she earlier transferred from there on administrative grounds vide order dated 10.09.2004 (Annexure-7) and her re-postin there will vitiate the academic atmosphere of the school.3. From the counter affidavits filed on behalf of the State and respondent No. 5, it appears that respondent No. 5 was earlier posted as Assistant Teacher in Narayani Girls High School. Patna City. On 13.06.2003. a public notice was issued by which all Assistant Teachers w...
Rajiv Ranjan Prasad Vs. State of Bihar and ors.
Court: Patna
Decided on: Sep-12-2006
Aftab Alam, J.1. Heard Mr. Mrigank Mauli, Counsel appearing for the petitioner.The petitioner holds the substantive post of Archivist and he was posted in the Directorate of Archives at Patna. He seeks to challenge the transfer orders (under Annexures 4, 5 & 9) by which he is directed, to join the Regional Record office. Bhagalpur with additional charge of District Record Offices, Purnea and Munger. In furtherance of the transfer orders. the petitioner has already been relieved from his post at Patna.2. Mr. Mauli strongly submitted that the transfer order was inherently flawed since it did not identify the post on which the petitioner was asked to join. Learned Counsel submitted that in the Regional Archives Office, there was no post of Archivist. the Regional Archives Office was under the charge of a Regional Archives Officer, higher in rank than the Archivist and apart from him, there were the posts of book binder and of similar other menial kinds. Similarly, there was no post of Ar...
The State of Bihar Vs. Raj Kumar Mahto
Court: Patna
Decided on: Sep-11-2006
Ghanshyam Prasad, J. 1. Both; the Death Reference as well as Criminal Appeal arise out of the same judgment and order dated 13.8.2003 delivered by Sri Tarkeshwar Pathak, Fast Track Court No. 4, Darbhanga in Sessions Trial No. 159 of 2002. The sole appellant has been convicted under Section 302 of the Indian Penal Code and awarded death sentence. The appellant has called in question his conviction and sentence passed by the lower court.2. The Fardbeyan (Ext.4) lodged by Savitari Devi, P.W.15, unfolds the entire incident which led to murder of her son Pappu Chaudhary @ Santosh Chaudhary. The reason behind the murder is said to be love affairs. The informant has a daughter named Ravi Kumari aged about seventeen years. The appellant used to tease her. The deceased had objection and, therefore, he forbade him not to come to his locality/place. Thereafter, the accused-appellant began to bear grudge against the deceased.3. On 21.10.2001 at 6.00 P.M. the informant along with her son Pappu Cha...
NaraIn Bind and ors. Vs. State of Bihar
Court: Patna
Decided on: Sep-08-2006
Rekha Kumari, J.1. These two appeals arise out of the same judgment and hence, have been heard together and they are being disposed of by this common judgment.2. Both the appeals are directed against the judgment dated 4.6.2001 passed by Sri Uma Kant Srivastava, 7th Additional Sessions Judge, Saran at Chapra in Session Trial No. 140 of 2000 by which he has convicted the appellants and on 6.6.2001 sentenced them each to undergo imprisonment for life for the offences under Sections 148, 302 and 302/149 of the Indian Penal Code.3. The prosecution case, as disclosed from the Fardbeyan (Ext. 4) is that on 4.5.1999 the informant Biran Bind along with his brother Surendra Bind (deceased) was going to Rasulpur Bazar to make purchases for the marriage of their niece. When they had gone about 200 yards east of their village, they saw the appellants all belonging to his village, sitting in Chaur. When they reached near the appellants, appellant Master Bind asked him as to where they were going. ...
Namira Construction Pvt. Ltd. Vs. Fazal Imam Public Religious and Char ...
Court: Patna
Decided on: Sep-08-2006
V.N. Sinha, J. 1. This is an application under Sub-Section (6) of Section 11 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the Act) for appointment of an Arbitrator under the Arbitration Clause 30 of the development agreement dated 2.9.2002, Annexure-1 and it has been placed before me as the nominee of Hon'ble the Chief Justice to consider the request of the applicant (builder) to appoint an Arbitrator as the other party to the agreement, dated 2.9.2002, Annexure-1, namely, the land owner (Mutwalli) declined to refer the dispute for arbitration in response to notice dated 6.9.2005, Annexure-3 vide his reply dated 10.9.2005, Annexure-A to the supplementary affidavit on the ground that agreement dated 2.9.2002 does not exist and has been superseded by another agreement signed between the parties dated 9.9.2002, Annexure-2.2. Before considering the prayer made in the application it is necessary to advert to a few facts leading to the dispute between the partie...
Krityanand Sharma and Manoj Kumar Sharma Vs. State of Bihar
Court: Patna
Decided on: Sep-08-2006
Anwar Ahmad, J.1. Both these criminal appeals have been directed against the judgment dated 6.8.2003 and order dated 8.8.2003 passed by Shri Govind Prasad Srivastava, Additional Sessions Judge-VII, Muzaffarpur in Sessions Trial No. 451 of 1996. Both the appellants have been convicted for the offence under Section 307/34 of the Indian Penal Code and sentenced to undergo R.I. for 5 years with a fine of Rs. 2.000/- and in case of default of payment of fine to undergo R.I. for a further period of three months. As both the appeals arise out of the same sessions trial they are being disposed of by this common judgment.2. Sakaldeo Thakur of Village Mahanth Maniyari, P.S. Maniyari in the district of Muzaffarpur gave fardbeyan on 7.6.1994 at 8 AM alleging therein that on 2.6.1994 at about 9 P.M. his son Pappu alias Ajit Kumar Thakur was sitting at the darwaja of his house and was talking with Shatrughan Thakur. In the meantime some stones fell down near Pappu Thakur and out of them one stone h...
Hanuman Ram Mahabir Ram and anr. Vs. Commissioner of Income Tax and an ...
Court: Patna
Decided on: Sep-08-2006
1. Hanuman Ram Mahabir Ram (petitioner No. 1) is a partnership firm of which Mohan Lal Gupta (petitioner No. 2) is one of the several partners. The petitioners and the Revenue are in dispute over the way the latter is raising demands against the firm and its partners, purportedly on the basis of an order passed by the Settlement Commission under Section 245D of the Income Tax Act. According to the petitioners, after the order of the Settlement Commission the Revenue sat over the matter for a very long time and did not give them the benefit of adjustment of their liabilities of tax and interest against the value of the instruments admittedly in their hands. Now, it tries to pass over to the assessees the interest liability under Section 245D(6A) of the Act that accrued in the mean while due to its own inaction.2. The facts of the case are brief and for the most part without any dispute. On 21.12.1994 the officers of the Revenue made a search at the business premises of the firm and its...
Tuntun Das Vs. Union of India (Uoi) and ors.
Court: Patna
Decided on: Sep-07-2006
Aftab Alam, J.1. The petitioner seeks to challenge an order, dated 3.6.2005 passed by the Central Administrative Tribunal, Patna Bench, in Original Application No. 504 of 1999. By the order coming under challenge the Tribunal allowed the application filed by one Rajiv Ranjan Singh (respondent No. 5), set aside the petitioner's appointment as Extra Departmental Branch Post Master and directed the postal authorities (respondents before the Tribunal) to appoint respondent No. 5 (applicant before the Tribunal) in place of the petitioner.2. For filling up the post of E.D.B.P.M., Kathavasi E.D. Branch office, district Saharsa, the Postal Superintendent, Saharsa Division asked the District Employment Exchange to send the names of suitable candidates vide his letter No. A29 dated 22.7.1998. In terms of the letter the candidates' names were required to be sent to the postal authority by registered post within thirty days from the date of the letter. The Employment Exchange duly sent a list of ...
Vishnu Sugar Mills Limited Vs. Union of India (Uoi) and ors.
Court: Patna
Decided on: Sep-04-2006
Navaniti Prasad Singh, J. 1. The two writ petitions raise common Questions of law and, as Such, with consent of parties, have been taken up together for adjudication and disposal. The main contesting respondents, the Union of India has appeared and filed counter affidavits in both the cases. Heard Shri Y.V. Giri, learned Senior Counsel in support of the writ petitions and Shri Sudhir Singh, learned Counsel for the Central Government.2. That the issue raised in the present writ applications are, inter alia, for issuance of an appropriate direction to the respondents to immediately lift and/or get lifted the levy sugar as per allocation on payment of levy sugar price thereof. In the alternative, it is prayed that in case of failure to lift the same within the period of allocation, as made by the Central government through the Directorate of Sugar, Government of India, New Delhi, to hold that the petitioner was free to sell them as free sugar treating the allotment lapsed in terms of dir...
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