Patna Court November 2007 Judgments
Rameshwar Singh and ors. Vs. Harendra Singh and ors.
Court: Patna
Decided on: Nov-30-2007
S.M.M. Alam, J.1. This First Appeal has been preferred against the judgment dated 13th May, 1977 passed by Sri Raj Kishore Sharma, 5th Additional Sub-ordinate Judge, Siwan in Title Suit No. 56/5 of 1969/1977 whereby he has been pleased to decree the suit of the plaintiffs-appellants in part on contest against defendant Nos. 1 and 2 and on compromise against defendant No. 3 and declared plaintiffs' title with respect to the properties described in Schedule IV of the plaint and with regard to the properties described in Schedule I to III of the plaint, the learned Sub Ordinate Judge declared the title of the plaintiffs which were not covered under the deeds of gift dated 22.2.69 executed by Ramadhar Singh in favour of defendant No. 1 and 2.2. The case of the plaintiffs-appellants, in brief, is that one Narsingh Singh was the father of original plaintiff No. 1 Ramadhar Singh. Original Plaintiff No. 2 Smt. Swaro Devi was the mother of Ramadhar Singh. The said Narsingh Singh died in the ye...
Tag this Judgment!Rajendra Sharma Vs. Bihar State Electricity Board and anr.
Court: Patna
Decided on: Nov-29-2007
Barin Ghosh and Samarendra Pratap Singh, JJ.1. The appellant was engaged by the Respondent Board as a Correspondence Clerk. Subsequently he was shifted to the post of Reception Officer for six months. Though the post of Reception Officer appears to be a sanctioned post but no rules have been framed for supplying the vacancy to the said post. The appellant continued to serve on the said post even after expiry of the period of six months for which he had initially been brought on to the said post.2. Subsequent thereto an employment notice dated 7.8.1998 was published. The said notice invited applications from existing employees of the Board to fill up the said post. The said advertisement prescribed such qualification, which the petitioner-appellant had. While prescribing the qualification, as it appears, an attempt was made so as to ensure that the appellant alone is selected ultimately to the said post.3. This employment notice was responded by the appellant and two others. The applic...
Tag this Judgment!Bachcha Rai Vs. the State of Bihar and ors.
Court: Patna
Decided on: Nov-29-2007
V.N. Sinha, J.1. Heard learned Counsel for the petitioner and the State.Petitioner has challenged office order No. 877 dated 4.4.2006, Annexure-11, whereunder Secretary, Personnel and Administrative Reforms Department of the State Government, Respondent No. 2 has cancelled his appointment on the post of Assistant with effect from the date of initial appointment with observation that emoluments already received by the petitioner during the period of employment shall not be recovered. The ground taken in support of cancellation is that petitioner was not eligible for being appointed as Assistant pursuant to Advertisement No. 13 of 1987 published in Hindustan newspaper dated 7.8.1987, as contained in Annexure-2. Perusal of Advertisement No. 13 of 1987 dated 7.8.1987, Annexure-2 would indicate that thereunder ministerial employees of the Secretariat and attached offices as also of the Mufassil offices of the State Government were offered employment on the post of Secretariat Assistant thr...
Tag this Judgment!Faiyaz Ahmad Vs. State of Bihar and ors.
Court: Patna
Decided on: Nov-29-2007
Barin Ghosh and Samarendra Pratap Singh, JJ.1. If a disciplinary proceeding has already been initiated against a government employee before his superannuation, the same can be concluded after his superannuation by taking recourse to Rule 43B of the Bihar Pension Rules.2. Rule 43B authorizes withholding of a part or full pension payable to the employee concerned as also recovery of loss sustained by the government by reasons of negligence or misconduct on the part of the employee concerned from the pension payable to the employee concerned.3. In the instant case a notice dated 1.12.1992 was issued to the appellant whereby and under it was held out that he has not returned a measurement book as particularized in the said notice. The notice directed the appellant to return the subject measurement book within a period of 15 days. The notice threatened that on failure on the part of the appellant to return the measurement book a departmental proceeding would be initiated. The said notice w...
Tag this Judgment!Jitendra Kumar Vs. State of Bihar
Court: Patna
Decided on: Nov-29-2007
Rekha Kumari, J.1. This application under Section 482 of the Code of Criminal Procedure, 1973 is directed against the order dated 16.7.2003 passed by the Chief Judicial Magistrate, Nalanda at Biharsharif in official complaint case No. 1004 of 2003 whereby he took cognizance of the offence under Section 16(1)(a) of the Prevention of Food Adulteration Act, 1954 (hereinafter referred to as the said Act) and directed to issue summons against the petitioner and also against the order dated 27.12.2005 passed by the 1st Additional Sessions Judge, Nalanda in Criminal Revision No. 249 of 2004 whereby the revision filed against the order of the Chief Judicial Magistrate was dismissed.2. The case of the complainant opposite party No. 2, the Food Inspector, Nalanda at Bihartsharif is that on 13.2.2003 he visited the jail premises, Biharsharif and took sample of food articles including milk powder from there and sent the sample of milk powder to the public analyst and the sample was found by the p...
Tag this Judgment!Lalit Mohan Dalmia and ors. Vs. the State of Bihar and ors.
Court: Patna
Decided on: Nov-27-2007
Barin Ghosh and Samarendra Pratap Singh, JJ.1. The appellants are tenants of a premises situated at Mohalla Lal Bazar in the district of Bettiah containing an area of approximately 1500 Sq.ft, and comprising of seven rooms, a verandah and latrine on the first floor thereof. The land lords of the said premises filed an application before the Controller under the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1982 for fixation of fair rent of the let out portion of the said premises. It was disclosed by the land lords that the said premises was let out to the appellants in the year 1958 at a monthly rent of Rs. 55/-, which was later on enhanced to Rs. l 10/-. The Controller by his order dated 7.11.1990 fixed the fair rent of the said premises at Rs. 220/-. Being aggrieved thereby, the land lords preferred an appeal, which was registered as Appeal No. 390 of 1990. While the said appeal was pending, the land lords applied afresh for fixation of fair rent of the said premises. The...
Tag this Judgment!Most. Raj Mahal Devi Vs. the State of Bihar and ors.
Court: Patna
Decided on: Nov-27-2007
Barin Ghosh and Samarendra Pratap Singh, JJ. 1. One Sri Ram Chandra Thakur was drawing B.A. trained scale, whereas the husband of the appellant, Sri Raktu Singh was not getting B.A. trained scale. The husband of the appellant filed CWJC No. 3277/1979 and thereby contended that since Sri Ram Chandra Thakur, who started discharging the duties of a School Teacher after him, has been accorded B.A. trained scale, he should also be accorded the same. Sri Ram Chandra Thakur pointed out to this Court that at the time of his joining, he joined as Headmaster, though he was not then qualified for being treated as a B.A. trained candidate but, however, before the taking over Act came into force, he had acquired the qualification for being treated as a B.A. trained candidate in the year 1971. The Court, therefore, held in CWJC No. 3277/1979 that Sri Ram Chandra Thakur, being a qualified person and having been appointed as Headmaster was also discharging the duties of Headmaster as on the date the ...
Tag this Judgment!Anand Mohan Singh Vs. State of Bihar and ors.
Court: Patna
Decided on: Nov-26-2007
Navaniti Prasad Singh, J.1. The petitioner, his father and brother had Jointly and severally taken a loan for purchase of a tractor from the State of Bank of India. They had defaulted. The State Bank of India initiated certificate proceedings against the three. At the time of initiation of the proceeding itself, the father and the brother had died. The initiation of the proceedings as against the father and the brother was an initiation against dead persons. Notwithstanding that the certificate was issued against all the three i.e. against the two dead persons and the petitioner.2. It appears that a petition was filed before the Certificate Officer and the Certificate Officer thinking that all the certificate debtors were dead, dropped the proceedings as a whole. A review application was then filed by the Bank which was rejected by the Certificate Officer. The State Bank of India then filed an appeal before the Collector. The Collector noticed the real facts. He noticed that two of th...
Tag this Judgment!Anand Mohan and Etc. Vs. State of Bihar
Court: Patna
Decided on: Nov-23-2007
1. Heard the learned Counsel for the appellants as well as the State on point of ball.2. We have gone through the LCR and considered the submissions advanced by both the parties.3. This case relates to murder of a young l.A.S. Officer posted at that time at Gopalganj as District Magistrate. All the appellants have been convicted under Sections 302/149, IPC along with other sections and have been awarded death penalty. Having regard to the facts and circumstances of the case us well as nature of the offences, we do not think it proper to release the appellants on bail.3A. Accordingly, the prayer for ball is hereby rejected.4. I.A. Nos. 1787 of 2007, 1821 of 2007 and 1844 of 2007 have been filed by all the three appellants for direction to the jail authorities not to keep them in cell or solitary confinement and also for a direction to give the appellants who are Ex-Member of Parliament, Ex-Member of Legislative Assembly and Ex-Minister of the Bihar respectively all the facilities to wh...
Tag this Judgment!Krishna Das @ Krishna Giri Vs. the State of Bihar and ors.
Court: Patna
Decided on: Nov-22-2007
1. This writ application has been filed for issuance of appropriate writ by way of Habeas Corpus seeking release of the petitioner from detention after setting aside the order dated 7.7.2007 (annexure-1) issued by the District Magistrate, East Champaran, Motihari under Section 12(2) of the Bihar Control of Crimes Act, 1981 (hereinafter to be referred to as the 'Act') as well as its confirmation order dated 30.8.2007 (annexure-3) issued under the signature of Deputy Secretary, Govt. of Bihar.2. The facts giving rise to this writ application are that while the petitioner was in jail custody, the above impugned order (annexure-1) along with grounds of detention was served upon him detaining him under Section 12(2) of the Act for a period of twelve months i.e. till 7.7.2008 with an option to file a representation, if any, to the Deputy Secretary, Home (Police) Dept., Govt. of Bihar through the Superintendent of Jail, Motihari. The said order was approved by the Government under the signat...
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