Patna Court February 2007 Judgments
Prem Shankar Bharatee, Chela of Late Mahanth Purushottam Sharatie Vs. ...
Court: Patna
Decided on: Feb-22-2007
Navin Sinha, J.1. Heard Shri Y.V. Giri, learned Senior Counsel on behalf of the petitioner and Shri A.P. Jittu, learned Counsel on behalf of the respondent Board.2. The petitioner questions the actions of the respondent Board culminating in order dated 26.6.2006 at Annexure 4. The impugned order states that the Administrator cum Special Officer of the Board by order dated 6.6.2006 has appointed the District Magistrate, Bhagalpur as the temporary Trustee of the Ajgabi Nath Mahadeo Mandir Trust, under Section 33 of the Bihar Hindu Religious Trust Act 1950 (hereinafter referred as 'the Act'). The charge having been assumed by the District Magistrate, the petitioner was required to hand over all records before the SDO Bhagalpur so that the same may be examined.3. The short facts of the case are that the Ajgabi Nath Mahadeo Temple is a public trust registered under the Act. The Mahanth died on 27.6.1992. The petitioner was appointed as a Mahanth on 8.12.1994. The Chairman/President of the ...
Tag this Judgment!The Bihar State Pollution Control Board and ors. Vs. Dilip Kumar Jha a ...
Court: Patna
Decided on: Feb-21-2007
Barin Ghosh and Navaniti Prasad Singh, JJ.1. The appellant Board in LPA No. 960 of 1998 is a body corporate constituted by and under the provisions of the Water (Prevention and Control of Pollution) Act, 1960 (hereinafter referred to as the 'Act'). Sub-section (3) of Section 12 of the Act has authorised the Board to appoint such officers and employees as it considers necessary for the efficient performance of its functions subject to such Rules as made by the State Government. Admittedly, no Rule has been made by the State Government as was authorised to be made by Sub-section (3) of Section 12 of the Act. Section 64 of the Act has authorised the State Government to make Rules to carry out the purposes of the Act and in particular in relation to any matter which has to be or may be prescribed. 2. In exercise of its power under Section 64 of the Act, the State Government made the Water (Prevention and Control of Pollution) Rules, 1986 (hereinafter referred to as the 'Rules'). By making...
Tag this Judgment!National Urdu Primary Teacher's Education College Vs. the State of Bih ...
Court: Patna
Decided on: Feb-21-2007
Rekha Kumari, J.1. The above L.P.A. No. 428 of 2005 is directed against the judgment of the learned Single Judge dated 12.4.2005 passed in C.W.J.C. No. 11350 of 2004 whereby the writ petition filed by the appellant National Urdu Primary Education Teachers Training College (hereinfter referred to as the College) was dismissed.2. It appears that through I.A. No. 577 of 2006, five intervenors Tauqir Ahmad and others claiming to be students of the College for the Sessions 1993-95 and 1994-96, have been added as intervenor-appellants. They have prayed for a direction to the respondent Bihar School Examination Board (B.S.E.B.) to issue marks sheet and certificates.3. The case of the appellants is that the appellant College was established under the India Islamic Minority Educational and Development Society, Madhubani for imparting education to the students intending to appear at Primary Teachers Training examination. The State Government initially gave recognition to the College for two Ses...
Tag this Judgment!Birendra Rai and Laxman Yadav Vs. the State of Bihar
Court: Patna
Decided on: Feb-21-2007
Ghanshyam Prasad, J.1. This appeal has been preferred against the judgment, of conviction and order of sentence dated 2.4.2005 passed by 1st Additional Sessions Judge, Bettiah in Trial No. 15 of 2001, Both the appellants have been found guilty under Section 20B(2)(c) of the N.D.P.S. Act and have been sentenced to undergo R.I. for ten years and to pay fine of Rs. 1,00,000/- in default to further undergo R.I. for one year.2. On 24.4.2001 at 18.30, custom officials of Bettiah on receipt of secret information, raided one orchard and recovered about 100 kgms. of ganja from possession of the appellants. Accordingly, the same was seized in presence of two independent witnesses. Later on, sample was also sent to the, chemical analyst. After receipt of the report, prosecution was launched against both the appellants.3. In course of the trial, charge under Section 20B(2)(c) as well as under Section 23 of the N.D.P.S. was framed. However, after trial, both appellants have been acquitted of the c...
Tag this Judgment!Neelu Kumari Vs. the Bihar School Examination Board, Through Its Secre ...
Court: Patna
Decided on: Feb-20-2007
Navnit Prasad Singh, J.1. If a person approaches the Court after inordinate delay to obtain result of an examination, the Court may proceed with the matter with suspicion because normally one should be eager to know the outcome of his efforts put in at the examination upon giving his time and energy to the studies pursued by him. The examination authorities, at the same time, are required to keep and maintain their records pertaining to results. Even after 30 years a candidate may approach the examination authority for obtaining or re-obtaining his result. In case the original result has been given, a duplicate thereof is normally furnished, when such an approach is made. A Statutory Board constituted to conduct public examinations is thus required to keep and maintain its records pertaining such examinations. In the event such a Statutory Board reports to the Court that the candidate concerned was absent at the examination as a whole or at a particular paper, the same must be accepte...
Tag this Judgment!Jagbir Rai Vs. the Union of India (Uoi)
Court: Patna
Decided on: Feb-20-2007
Ghanshyam Prasad, J.1. This appeal has been preferred against the judgment of conviction and sentence dated 24.2.2004 passed by 7th Additional District and Sessions Judge, Bettiah in Trial No. 11 of 1995. The sole appellant has been convicted under Section 23 of the N.D.P.S. Act and has been sentenced to undergo R.I. for ten years with fine of Rs. 1,00,000.00 in default to undergo further imprisonment for two years R.I.2. On 29.9.1995 at 11.00 P.M., informant/complainant Shri Shakti Bhushan, Inspector of Custom, Bettiah checked a bus bearing No. BR-06/P/1251 named Amar Jyoti, coming from Raxaul and recovered 'Charas' kept in a plastic bag weighing about 3 kgms. from dikky of bus. Two brief case were also found in dikky. The appellant claimed brief case but denied ownership of plastic bag containing Charas. However, the khaiasi of the bus identified this appellant as owner of the plastic bag.3. The Inspector in presence of two . independent witnesses seized the plastic bag containing C...
Tag this Judgment!Kisan Agency Vs. State of Bihar and ors.
Court: Patna
Decided on: Feb-20-2007
Aftab Alam, J.1. The petitioner is a proprietary firm engaged in the sale of diesel pump sets. It seeks to challenge the order, dated November 18, 2005 passed by the Commercial Taxes Tribunal, Bihar, Patna in Revision Case No. MZ-447/200 by which it rejected the petitioner's revision and affirmed and orders passed by the appellate and the original authorities levying sales tax, additional sales tax, interest and penalty amounting to Rs. 3,13,024 against the petitioner for the assessment period 1998-99 in a proceeding under Section 20(1)(b) of the Act. The petitioner challenges the imposition of penalty and the orders passed against it on the plea that it was not given a notice containing 'precisely and clearly the gist of accusations' as mandatorily required under Rule 19(4) of the Bihar Sales Tax Rules, 1983.2. The facts of the case are brief and simple. The petitioner-firm was Registered as a dealer on May 29, 1999 with liability to pay tax from October 15, 1998. In its return for ...
Tag this Judgment!Rajmuni Devi Vs. Smt. Shyama Devi and ors.
Court: Patna
Decided on: Feb-20-2007
Chandramauli Kr. Prasad, J.1. Plaintiff-petitioner being aggrieved by the order dated 9-11-2005 passed by the Munsif, Bikaramganj in T.S. No. 113 of 1994 allowing the application dated 15-12-2004 filed by defendant No. 2 to permit her husband and the power of attorney holder to depose on her behalf, has preferred this application.2. Short facts giving rise to the present application, are that defendant No. 2 opposite party No. 1 Shyama Devi filed petition dated 15-12-2004 praying to permit her husband to depose on her behalf, inter alia, contending that she had executed a power of attorney in favour of her husband Mangal Singh to look after the proceeding, to adduce witness, to depose on her behalf and to do all the needful in the suit.3. By reason of the impugned order, said prayer has been allowed.4. Mr. Sidharth Harsh, learned Counsel appearing on behalf of the petitioner, contends that the power of attorney holder cannot be allowed to depose on behalf of the Principal and in suppo...
Tag this Judgment!Gopal Sah and anr. Vs. Bihar State Sunni Waqf Board and ors.
Court: Patna
Decided on: Feb-20-2007
Navaniti Prasad Singh, J.1. The petitioners claimed to be tenants in a property under the control of the Anjuman Islamia Waqf Estate No. 344, Katihar. The present writ application has been filed initially for a direction to the respondent-Waqf Board to conclude the proceedings under Section 54 of the Waqf Act at an early date. During the pendency of the writ application, the petitioners found that notices were issued to the Subdivisional Officer, Katihar for evicting the petitioners in terms of Section 55 of the said Act and, as such, by amendment application being I A No. 4935 of 2004, had challenged this notice on the ground that without there being an order passed after adjudication as contemplated under Section 54 of the Act, no order seeking eviction through the State authorities under Section 55 of the Act can be passed. On behalf of respondent-Waqf Board, an objection was taken that the petitioners had earlier come to this Court and this Court having dismissed their writ applic...
Tag this Judgment!Jagroop Paswan and Anil Paswan Vs. the State of Bihar
Court: Patna
Decided on: Feb-20-2007
Chandra Mohan Prasad, J.1. Both the appeals arise out of common judgment and they have been heard together and are being disposed of by this common Judgment.2. This appeal is against the Judgment dated 21.11.2002/23.11.2002 of the Additional Sessions Judge, Fast Track Court No. II, Aurangabad in Sessions Trial No. 16/2000/253/2002 whereby the aforesaid two appellants have been convicted under Section 304B of the Indian Penal Code and sentenced to R.I. for seven years. The appellants Anil Paswan is the husband and Jagrup Paswan is the father- in-law of the deceased, Anita Devi.3. The informant Surajdeo Paswan, father of the deceased, came to Baroon P.S. on 24.7.1999 at about 7 P.M. and gave his fardbeyan stating that he had married his daughter (deceased) four years back to appellant Anil Paswan and that at the time of Bidai he had given household articles to the deceased according to his capacity. It is further alleged that after marriage one bicycle and T.V. were being demanded by th...
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