Patna Court February 2007 Judgments
Mithalesh Kumar and anr. Vs. the State of Bihar and ors.
Court: Patna
Decided on: Feb-27-2007
Navin Sinha, J.1. Heard learned Counsel for the petitioners and learned Counsel for the State.2. The claim in the writ application is for compassionate appointment of petitioner No. 1.3. The writ application was dismissed on 4.10.2004, on the ground that petitioner No. 1 had made an application for compassionate appointment beyond the stipulated period of five years as directed by the Government instructions.4. The matter travelled in L.P.A. No. 763 of 2005, which was remanded by order dated 28.11.2006 that there was no finding of the Court as to under what circumstances the application of the claim of the petitioners was barred.5. This, Court has reheard the entire writ application on merits.6. The father of petitioner No. 1 is stated to have died in service on 25.8.1991. The entire sheet anchor of the writ petition is a letter dated 15.9.1991 at Annexure-1 alleged to have been written by the petitioner No. 2 requesting for compassionate appointment for herself. Allegedly when this d...
Tag this Judgment!Krishna Kumar Vs. Smt. Shobha Devi @ Shohba Devi Razak Alias Shobha De ...
Court: Patna
Decided on: Feb-27-2007
Chandramauli Kr. Prasad, J.1. Husband-petitioner, being aggrieved by the order dated 17.8.2005 passed by the Principal Judge, Family Court, Patna in Misc. Case No. 2 of 2002 awarding interim maintenance of Rs. 2000/- per month to the wife from the date of filing of the petition besides litigation expenses of Rs. 3000/-, has preferred this application.2. Short facts, necessary for the decision of the present application, are that the petitioner filed application for dissolution of the marriage between him and his wife-Opposite Party No. 1 held on 11.3.1993 by a decree of divorce on the ground of cruelty. The Principal Judge, Family Court, Patna, by judgment dated 29th of November, 2001 passed in Matrimonial Case No. 245 of 1996, granted the prayer of the husband and the marriage solemnised between the party was dissolved by a decree of divorce. Wife-Opposite Party No. 1 filed application for setting aside the aforesaid ex parte decree under Order IX Rule 13 of the Code of Civil Procedu...
Tag this Judgment!Jagtaran Sariya Vs. the State of Bihar and ors.
Court: Patna
Decided on: Feb-26-2007
Navin Sinha, J.1. The petitioner was a contesting candidate for the post of Sarpanch., Gram Kutchery under Dharmdiha Gram Panchayat. The elections were notified on 25.2.2006. Polling was held and the votes counted on 16.6.2006. The petitioner was declared elected and the declaration certificate of her being elected as the winning candidate in Form 22 under Rule 82 of the Bihar Panchayat Election Rules 2006 (hereinafter referred to as 'the Rules') was issued in her name on 16.6.2006 itself.2. The respondent No. 5 who lost to the petitioner filed an application on 16.6.2006 before the District Magistrate, Madhubani, complaining that she had secured more votes than the petitioner but that the petitioner had wrongly been declared elected. She prayed for recounting of votes. Recounting then followed leading to cancellation of the declaration certificate issued in the name of the petitioner under the Rules and the issuance of a fresh declaration certificate in favour of respondent No. 5.3. ...
Tag this Judgment!Suresh Barua @ Suresh Chandra Barua Vs. the State of Bihar and anr.
Court: Patna
Decided on: Feb-26-2007
Ghanshyam Prasad, J.1. Heard.2. This application under Section 482 Cr.P.C. has been filed to quash the order of cognizance dated 19.5.2004 passed by C.J.M., Katihar in C II Case No. 115 of 2004 thereby and thereunder cognizance under Sections 23 and 24 of the Contract Labour (Regulation and Abolition) Act has been taken against the petitioner.3. The petitioner is the then Deputy General Manager(Pipe Line), Oil India Ltd. Udayan Vihar. During the relevant period, the works of the maintenance/cable laying on behalf of company was going on at Dumar in District Katihar. On 22.2.2004, the opposite party No. 2 Labour Enforcement Officer, Bhagalpur inspected the site of the work and found violation of several provisions of the Contract Labour Act and Rules. Accordingly, the opposite party No. 2 filed complaint case against the petitioner being Principal Employer for prosecution under Sections 23 and 24 of the Act, 1970.4. The submission of the learned Counsel for the petitioner is that the p...
Tag this Judgment!State of Bihar Vs. Brihaspat Singh
Court: Patna
Decided on: Feb-26-2007
Barin Ghosh and Navaniti Prasad Singh, JJ.1. The judgment and decree under reference was passed on 07th of January, 1994. On 24th January 1994, an application was made for obtaining certified copy of the judgment and decree. On being notified to supply folios, the appellant did not supply the same and, accordingly, on 08th of April 1994, the application for certified copy was rejected. Promptly, thereafter on 16th April 1994, a fresh requisition was submitted for supply of a certified copy of the said judgment and decree and the same was made available to the appellant on 25th of April, 1994. The appeal was preferred on 20th July, 1994. According to the Stamp Reporter, time to prefer the appeal stood expired on 07th of April, 1994. The application made by the appellant for condonation of delay in preferring the appeal has been dismissed. The appellant had 90 days time to prefer the appeal. No doubt, that time expired on 07th of April, 1994. However, the fact remains that there as som...
Tag this Judgment!Ravi Shanker and ors. Vs. the State of Bihar and ors.
Court: Patna
Decided on: Feb-26-2007
J.N. Bhatt, C.J.1. This group of 176 writ petitions by invocation of provisions of Article 226 of the Constitution of India raises virtually, similar and identical issue of teaching and non-teaching staff of elementary schools of the Government of Bihar.2. The petitioners have been claiming difference of cost of living allowances from 1.4.1983 till date or till retirement, as the case may be. So the main point in focus in this group of petitions has been whether to pay cost of living allowances from 1.4.1983 and to make payment of salary and other allowances inclusive of cost of living allowances from 1.1.1970 till date or till retirement of the employees?3. So far as the period of claim of difference of allowances, as well as, payment of salary and other allowances including cost of living allowances is concerned, it varies in these petitions.4. Learned Counsel for the petitioners during the course of submissions have taken this Court through the relevant provisions, as well as, the ...
Tag this Judgment!National Insurance Comp. Ltd. Vs. Smt. Sumitra Devi and ors.
Court: Patna
Decided on: Feb-23-2007
Syed Md. Mahfooz Alam, J.1. This Miscellaneous Appeal has been preferred by National Insurance Company Limited against the judgment and award dated 14th August, 1997 passed by 4th Additional District & Sessions Judge - cum Addl. Motor Vehicle Accident Claim Tribunal, Bhagalpur in Claim Case No. 1 of 1997 whereby the Tribunal has been pleased to award Rs. 2,00,000/- as compensation with interest at the rate 12% per annum from the date of filing of the claim petition to the applicants said to be dependents of deceased Shiv Shankar Mistri, who died in motor vehicle accident.2. The brief facts of the case are as follows:Shiv Shankar Mistri, the husband of respondent No. 1 and the father of respondent Nos. 2 to 9, was travelling in a Mahindra Maxi bearing registration No. B.H.J. 8979 on 8.6.1990. He was going to Bhagalpur from his village Jamin Phulbaria and when the said vehicle reached near village Tinpulia it turned turtle as a result of which the said Shiv Shankar Mistri sustained mult...
Tag this Judgment!Ashok Kumar Singh Vs. the State of Bihar and anr.
Court: Patna
Decided on: Feb-23-2007
M. Saran, J.1. This application under Section 482 of the Code of Criminal Procedure ( in short as Code) has been filed for quashing the entire proceeding and order dated 2.9.2003 passed by Sri Diwakar Mishra, Chief Judicial Magistrate, Saharsa in complaint case No. 410/2003 whereby and whereunder he has taken cognizance under Sections 147, 323, 343, 506 of Indian Penal Code.2. It appears that complainant/OP No. 2 Shailendra Kumar Yadav filed a petition of complaint vide complaint case No. 410/2003 in the court of CJM, Saharsa on 28.5.03 against the present petitioner and three others for the occurrence dated 15.5.2003 and 20.5.2003. The case of complainant, in short, is that a case was registered at Saharsa police station regarding kidnapping of Rohit Kumar Jha against unknown persons. It is said that petitioner and one other accused started pressurizing the complainant to give name of Kishore Kumar Munna as kidnapper before the police and court as he was a candidate in the last assem...
Tag this Judgment!State of Bihar and ors. Vs. Dr. Satyendra Narayan Singh and ors.
Court: Patna
Decided on: Feb-22-2007
Barin Ghosh and Navaniti Prasad Singh, JJ.1. A writ petition was filed by Dr. Satyendra Narain Singh and Dr. Sudhansu Kumar jain. Another writ petition was filed by Dr. Praveen Ballabh. Both the writ petitions sought awarding of six marks for evaluation of the merit of the writ petitioners inasmuch as they obtained Diplomat National Board Qualification. When these writ petitions were being heard, an Intervener intervened and contended that the petitioners were not entitled to six points as was claimed by them. The State Government opposed the writ petitioners and contended that the petitioners were not entitled to six points and accordingly, they were not awarded such points. The writ petitions were heard analogously and by one single judgment, a learned Single Judge allowed both the writ petitions and directed the State Government to give six more points to each of the petitioners for evaluation of their merit and thereupon to place them in the select list in their appropriate positi...
Tag this Judgment!Shambhu Kumar Vs. State of Bihar and ors.
Court: Patna
Decided on: Feb-22-2007
Barin Ghosh and Navaniti Prasad Singh, JJ.1. After having had served in the Government of Bihar for a considerable period of time, the petitioner was permanently absorbed in a Government of India Undertaking, namely, Indian Oil Corporation, with effect from 23rd August, 1976. At that stage, the Rules pertaining to such absorption was governed by the provisions contained in a circular dated 18th February, 1974. It provided, amongst others, that a Government servant, who has been permanently absorbed in a public sector undertaking, would be deemed to have retired from the Government service and such Government servant would have option either to take monthly pension and death-cum-retirement gratuity to be worked out under the usual Government Pension Rules or a lump sum amount in lieu of pension to be worked out with reference to commutation tables obtaining on the date from which the pro rata pension, gratuity etc were disbursable. The said circular made it abundantly clear that subseq...
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