Patna Court October 2007 Judgments
Bihar Education Service Association and ors. and Vs. the State of Biha ...
Court: Patna
Decided on: Oct-31-2007
V.N. Sinha, J.1. Heard learned Counsel for the parties at length.2. Bihar Education Service Association an Association of the members of Bihar Education Service and other Members of the said Service have filed CWJC No. 10091 of 2006, praying inter alia to quash the resolution of the State Government, bearing Memo. No. 1209 dated 7.7.2006, Annexure-1, whereunder the State respondents, in compliance of the different orders of this Court and the Hon'ble Supreme Court referred to in the said resolution, have merged Teaching Branch of the Bihar Subordinate Education Service, Male and Female with the Bihar Education Service Class II in the light of the resolution No. 3521 F2 dated 11.4.1977, Annexure-3 with effect from 1.1.1977 on the ground that in compliance of the different orders of this Court as also of the Hon'ble Supreme Court, the Members of the Teaching Branch of the Bihar Subordinate Education Service were not entitled for being merged with the Bihar Education Service Class II an...
Tag this Judgment!Sanivri Devi Vs. State of Bihar and ors.
Court: Patna
Decided on: Oct-31-2007
Navaniti Prasad Singh, J.1. Petitioners seeks permission to delete respondents Nos. 5 to 266 who are the members of the Zila Parishad, Nawada. Leave is granted. Respondents Nos. 5 to 26 are deleted.2. The present writ application has been filed by the petitioner, who is a member of the Nawada Zilla Parishad for setting aside the resolution of the Zila Parishad dated 27-8-2007 (Annexure-5) in so far as it disapproves the earlier resolution dated 30-5 2007 (the second resolution taken in the said meeting held on the said date). It is submitted that the second resolution dated 27-8-2007 disapproving and modifying the earlier resolution is in contravention to and in conflict with Section 72(9) of the Gram Panchayat Act. The Zila Parishad and the Chief Executive Officer of the Zila Parishad have appeared and have filed a counter affidavit. In the counter affidavit, it has been asserted that in the second meeting dated 27-8-2007 which was called in pursuance to the mandate as contained in S...
Tag this Judgment!Bihar Education Service Association and ors. and Radharaman and ors. V ...
Court: Patna
Decided on: Oct-31-2007
V.N. Sinha, J. 1. Heard learned Counsel for the parties at length.Bihar Education Service Association an Association of the members of Bihar Education Service and other Members of the said Service have filed CWJC No. 10091 of 2006, praying inter alia to quash the resolution of the State Government, bearing Memo. No. 1209 dated 7.7.2006, Annexure-1, whereunder the State respondents, in compliance of the different orders of this Court and the Hon'ble Supreme Court referred to in the said resolution, have merged Teaching Branch of the Bihar Subordinate Education Service, Male and Female with the Bihar Education Service Class II in the light of the resolution No. 3521 F2 dated 11.4.1977, Annexure-3 with effect from 1.1.1977 on the ground that in compliance of the different orders of this Court as also of the Hon'ble Supreme Court, the Members of the Teaching Branch of the Bihar Subordinate Education Service were not entitled for being merged with the Bihar Education Service Class II and t...
Tag this Judgment!Sri Sri 108 Bhagwati Maharani Through Savayat Devendra Narayan Mishra ...
Court: Patna
Decided on: Oct-10-2007
S.N. Hussain, J.1. Heard learned Counsel for the appellants, learned Counsel for the Bihar Hindu Religious Trust Board (hereinafter referred to as the 'Board' for the sake of brevity) as well as learned Counsel for the private respondents in both the aforesaid miscellaneous appeals which have been heard together and are being decided by this common order.2. I.A. No. 32 of 2007 has been filed by the appellants in M.A. No. 10 of 2007, which is barred by the Law of Limitation, for condoning less than a month's delay in the filing of the said miscellaneous appeal. Considering the averments made by learned Counsel for the appellants and the statements made in the interlocutory application, it appears that sufficient cause has been shown for condoning the delay in the filing of the said miscellaneous appeal. Accordingly, I.A. No. 32 of 2007 is allowed and the delay in the filing of the said miscellaneous appeal is condoned.3. M.A. No. 386 of 2006 has been filed by the plaintiffs challenging...
Tag this Judgment!Vinod Kumar Chaudhary and ors. Vs. Garib Nath Chaudhary and ors.
Court: Patna
Decided on: Oct-10-2007
Syed Md. Mahfooz Alam, J.1. This appeal has been preferred against the judgment and order dated 3.9.1993 passed by Sri Prabhat Kumar Sinha, 4th Additional District Judge, Muzaffarpur in Probate Case No. 11 of 1986 whereby he has been pleased to dismiss the probate case filed by the appellants.2. The brief facts of the case are as follows: All the three appellants (applicants before the court below) are sons of Ramgulam Choudhary. Mostt. Deomatia was the own sister of Ramgulam Chaudhary and so she was the Fua (father's sister of the appellants). Said Mostt. Deomatia was the widow of Pradeep Baitha of Mohalla Saraiayaganj at Gola Road within Police Station and Town Muzaffarpur. She expired on 24.11.1984 at the residence of the appellants situated in Mohalla Motijheel, Ayodhaya Prasad Lane, Police Station and Town Muzaffarpur. Since Mostt. Deomatia was issueless, as such the applicants had been rendering all the services to her as well as to her husband who were treating the applicants a...
Tag this Judgment!Dr. Rajan Sinha Vs. the State of Bihar and ors.
Court: Patna
Decided on: Oct-09-2007
V.N. Sinha, J. 1. Petitioner filed this writ application on 24.5.2007 praying inter alia to direct the Director General, Respondent No. 4 to place him in the pay-scale of Rs. 12000-16,500/- as also to pay the arrears of salary in the said pay-scale with effect from 13.4.2005 with annual increments as also to consider his case for absorption in the Bihar Institute of Public Administration and Rural Development, Patna (hereinafter referred to as 'BIPARD'). On 18.7.2007 petitioner filed Interlocutory Application No. 3890 of 2007 praying inter alia to amend the prayers made in the petition as also for quashing of the order bearing Memo No. 593 dated 18/21.5.2007, Annexure-7 to the Interlocutory Application, whereunder the deputation of the petitioner in BIPARD has been cancelled and he has been repatriated to his parent organization, Bihar State Sugar Corporation Limited.2. Learned Counsel for the petitioner mentioned the writ case on 23.8.2007 before the Civil Application and Motion Ben...
Tag this Judgment!Bharat Bhushan Deva Vs. State of Bihar and ors.
Court: Patna
Decided on: Oct-09-2007
Navaniti Prasad Singh, J.1. The petitioner has come to this Court for restraining respondent-State and in particular respondent Nos. 5 and 11 from demolishing petitioner's ancestral house and reconstructing upon it. Respondent No. 5 is the District Education Officer, Begusarai and respondent No. 11 is the Headmaster, Savttri Uchh Vidyalaya, Ulao, District-Begusarai. They are both State Government employees. On earlier occasion, the State Counsel accepted notice on behalf of all State Officials who are the only respondents and a comprehensive counter-affidavit has been filed on behalf of respondent Nos. 5 and 11. A rejoinder has also been filed by the petitioner to the said counter-affidavit. With consent of parties, this writ application is being disposed of at the stage of admission itself.2. The dispute here relates primarily to the premises of Savitri Uchh Vidyalaya at Ulao in the District of Begusarai. In substance, the petitioner's assertion is that the building in which the scho...
Tag this Judgment!Krishna Kumar Sinha and ors. Vs. the State of Bihar and ors.
Court: Patna
Decided on: Oct-09-2007
Barin Ghosh, J.1. In 1960 under two land acquisition cases, large tracks of land were acquired. Some of such lands were built up. The object of such acquisitions was to widen the road going to the Railway Station and for a number of other projects for development and beautification of that area. Part of the built up lands so acquired were under tenants, who were carrying on commercial activities therefrom. The object of the acquisitions of such lands included setting up of a Municipal Market Complex in which the people who were carrying on commercial activities from the built up acquired lands were to be accommodated. In order to obtain vacant possession of the acquired lands quickly, while the object of acquisition expressly held out that the people carrying on commercial activities at and from the built up areas of the acquired lands would be accommodated in the Municipal Market Complex to be set up, they were also told that until the Market Complex is finally set up, they would be ...
Tag this Judgment!Yogendra Prasad and ors. Vs. State of Bihar and ors.
Court: Patna
Decided on: Oct-08-2007
S.C. Jha, J.1. This application has been filed for quashing the entire proceeding against the petitioners under sections 276 and 277 of the Income-tax Act, 1961, arising out of Complaint Case No. 9(C) of 1993, T. R. No. 1240 of 1993 as well as order dated February 22, 2006, passed by the Special Judge, Economic Offences, Patna, by which the petition filed by the petitioners in respect of their discharge has been rejected.2. Heard Shri Ajay Prasad, learned Counsel for the petitioners, Shri S.K. Sharan, learned Counsel for opposite parties Nos. 2 and 3 and Shri Mehta, learned A. P. P. for the State.3. The complaint was filed by the Income-tax Officer, Biharsharif, against the petitioner's firm, i.e., petitioner M/s. Yogendra Prasad and others, who happened to be the partners of the petitioner's firm for offences punishable under sections 276 and 277 of the Income-tax Act in respect of filing of return in the assessment year 1991-92. It has been alleged that petitioner's firm was liable,...
Tag this Judgment!Lal Bahadur Gupta Vs. the State of Bihar and ors.
Court: Patna
Decided on: Oct-08-2007
Sudhir Kumar Katriar, J.1. This writ petition is directed against order No. 784(14), dated 17.4.2006 (Annexure 12), issued under the signature of respondent No. 3 (Joint Director, Health Services, Bihar, Patna), whereby the petitioner's claim for reimbursement for his. heart surgery undergone at BM Birla Heart Research Centre, Kolkata (hereinafter referred to as the Centre'), has been rejected, inter alia, on the ground that he had undergone surgery at Kolkata, instead of New Delhi for which prior sanction had been accorded. The respondents have placed on record their counter affidavit and have supported the impugned action.2. The facts are not in dispute and lie in a narrow compass. The petitioner was in February 2001 posted as Medical Officer, Primary Health Centre, Shambhuganj., district Banka. He suffered chest pain on 8.2.2001, had reported at Indira Gandhi Institute of Cardiology, Patna Medical College, on 14.2.2001, and was admitted. He had undergone Coronary Angiography Test o...
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