Patna Court February 2007 Judgments
North Eastern Railway and ors. Vs. Devkala Devi
Court: Patna
Decided on: Feb-12-2007
S.N. Hussain, J.1. Heard learned Counsel for the appellants and learned Counsel for the respondent.This appeal is directed against the order dated 20.6.2002, passed by the Deputy Labour Commissioner-cum-Commissioner for Workmen's Compensation, Darbhanga Division, Darbhanga in the Case No. W.C. 05 of 2001 by which he has directed the appellants to deposit 50 per cent of the amount of compensation of Rs. 1,42,680 which came to Rs. 71,340 as fine/penalty.2. It is not in dispute that the husband of the respondent was an employee of the Railways and he died on duty on 28.8.2000, after which his widow, namely the respondent, filed the aforementioned case before the aforesaid Deputy Labour Commissioner. It is also not in dispute that according to the calculation of appellant authorities the amount of compensation was Rs. 1,11,304 which was deposited on 18.5.2002, but during the pendency of the claim case it was recalculated and they found that it was Rs. 1,42,680 and hence within the time al...
Tag this Judgment!Gyan Ddeep Prasad and ors. Vs. the Bihar State Financial Corporation a ...
Court: Patna
Decided on: Feb-12-2007
Mridula Mishra, J.1. Prayer of the Petitioners in all these writ applications is similar as they have challenged some or the provisions of Circular No. 5/06-07 dated 15.3.2006 as well as Circular No. 7/06-07 dated 4.11.2006 issued by Bihar State Financial Corporation in its one time settlement scheme (GTS). Petitioners case is that the same is violative of Articles 14, 19 and 21 of the Constitution of India as well as it violates the right guaranteed under the Right of Information Act, 2005.2. Initially these writ applications were filed for commanding the respondent Bihar State Financial Corporation (hereinafter referred to as the B.S.F.C.) to accept the petitioners unit under general category and to issue application form for being applicant under B.S.F.C, O.T.S scheme 2006 which was being denied to them on some erroneous illegal and unjustified ground.3. During the pendency of these writ applications Bihar State Financial Corporation modified its earlier decision extending the peri...
Tag this Judgment!Tribhuwan Prasad Jaiswal Vs. the State of Bihar
Court: Patna
Decided on: Feb-09-2007
Ghanshyam Prasad, J.1. This appeal has been preferred against the judgment of conviction and sentence dated 16.1.2004 passed by Fast Track Court No. 1, Motihari in Excise Case No. 29 of 2001. The sole appellant has been convicted under Section 20(B) of the N.D.P.S. Act and sentenced to undergo R.I. for ten years with fine of Rs. 1 lac in default to further undergo R.I. for two years.2. On 17.6.2001 at about 10.30 A.M., S.I., Excise Department searched the passengers of Bus No. BRO-6D-9151. This appellant was found in possession of 2 kgms. of ganja. Accordingly, after observing legal formalities and obtaining chemical analyst report, prosecution was lodged against the appellant. After trial, appellant has been convicted and sentenced in a manner stated above.3. In course of argument, the learned Counsel for the appellant confined his submission only on point of sentence. He did not challenge the finding of guilt under Section 20(B) of the N.D.P.S. Act, 1985. Submission is that the lear...
Tag this Judgment!Bipat Gope and ors. Vs. Principal Consolidation Training Institute and ...
Court: Patna
Decided on: Feb-09-2007
J.N. Bhatt, C.J.1. In this writ petition under Articles 226 and 227 of the Constitution of India, the challenge is against the judgment in Revision Case Nos. 1809, 1810, and 1811 of 1983 dated 25.6.1988 (Annexure-6.) passed by respondent No. 1 under Section 35 of the Bihar Consolidations of Holdings and Prevention of Fragmentation Act, 1956 (In short 'the 1956 Act'), whereby the decisions of the Consolidation Officer and that of the Deputy Director, Consolidation, in favour of the petitioners came to be reversed, inter alia, contending that it is contrary to law and is rendered without examining material documentary evidence which is countered by the learned Counsel for the respondents.2. There is no dispute about the fact that in respect of the subject matter, a civil suit came to be filed by the petitioners and upon consideration of the facts and circumstances, it came to be decreed which was carried in appeal by the respondents but it came to have abated in terms of Section 4(c) of...
Tag this Judgment!Rameshwar Pandey and anr. Vs. Suresh Pandey
Court: Patna
Decided on: Feb-09-2007
Syed Md. Mahfooz Alam, J.1. This appeal has been preferred against the judgment and decree dated 15.9.1976 and 9.11.1976 respectively passed by Sri Ram Kishore Singh, Additional Subordinate Judge, Jamui in Title Suit No. 20 of 1972/3 of 1976 whereby he has been pleased to dismiss the suit of the plaintiffs-appellants seeking relief for declaration of their title and confirmation of possession and in the alternative, for recovery of possession with respect to the suit land and also for declaration that the defendant did not acquire any title of the suit property by virtue of gift deed dated 7.8.70 executed by Lachho Devi in his favour.2. The plaintiffs' case, in short, is that Sadar Pandey, son of deceased Yadunath Pandey was resident of Mauza Masauri, Mohalla Mahrajganj, District Jamui. He died in between 1944-45 leaving behind him his widow, Smt. Tita Kumari and his son Baldeo Pandey as his legal heirs and accordingly, Tita Kumari and Baldeo Pandey succeeded to the properties of Sard...
Tag this Judgment!Mr. Rekha Lall Vs. the Bihar State Housing Board and ors.
Court: Patna
Decided on: Feb-09-2007
Navin Sinha, J.1. Heard learned Counsel for the petitioner and the learned Counsel appearing on behalf of the Bihar State Housing Board.2. The petitioner seeks a direction for refund with interest of the 20% of the purchase price wrongly withheld by the respondents while returning the balance sale price of Rs. 96,000/- paid by him. The additional prayer is for payment of interest on the balance amount of Rs. 96,000/- refunded by the Board to the petitioner.3. The respondent Board advertised on 20.2.1985 inviting applications for construction of 384 residential apartment blocks in Bahadurpur in the town of Patna. The Applicants were required to deposit a sum of Rs. 15,000/- as earnest money. The petitioner deposited the same. On 20.1.1987 the Board came out with a consequential advertisement it proposed to construct 384 HIG Flats of four floors. The ad-hoc price of the flat was estimated at Rs. 1,90,000/-. The Board proposed to finance it with a loan from 'HUDCO' and the instalments to...
Tag this Judgment!Smt. Kamlawati Thakur and Srimati Sobha Rai Paul and ors. Vs. State of ...
Court: Patna
Decided on: Feb-09-2007
J.N. Bhatt, C.J.1. In both these applications under Articles 226 and 227 of the Constitution of India, common questions are involved. Therefore, upon request, they have been heard together and are being now disposed of by this common judgment.2. A few material relevant facts may be highlighted at the outset to examine the merits of the petitions.3. The subject matter of the petitions has been the land bearing municipal survey plot No. 23 Chandar No. 1 having an area of 1-1/2 Katha in CWJC No. 6552 of 1988 and Plot Nos. 38 and 38/1 having an area of 1 err and 20 points and 10 dhurs, respectively, in CWJC No. 6553 of 1986, both in Ward No. 6 of the Purnea Municipality, Mohaila Bhatt, P.S. K. Hat, District Purnea, which hereinafter will be referred to as the disputed properties.4. Following aspects are no longer in controversy:(i) the petitioners purchased the disputed properties by registered sale deed in the year 1949 and 1977. The name of the petitioners came to be recorded in the rec...
Tag this Judgment!Debashree Construction (India) Pvt. Ltd. Vs. the State of Bihar and or ...
Court: Patna
Decided on: Feb-09-2007
Ramesh Kumar Datta, J.1. Heard Mr. Y.V. Giri, learned Senior counsel along with Mr. Raj Kishore Prasad, Advocate for the petitioner, Learned Government Advocate No. 9, for the State and Mr. Rakesh Kumar Singh, learned Central Government Counsel, for the Union of India.2. The petitioner seeks quashing of the office order No. 22/2006 issued vide memo No. 639 dated 17.7.2006 by the Executive Engineer, National Highway Division, Aurangabad by which the contract awarded to the petitioner has been rescinded and the security money has been forfeited. Consequently, the petitioner also seeks a relief for a direction upon the respondents to allow it to complete the work subject to execution of supplementary agreement making provision for enhancement of the rate and also for metal work and further for a direction upon the respondents to make payments for the works executed by the petitioner fortnightly as per agreement.3. The case of the petitioner is that in the year 2005 pursuant to a tender f...
Tag this Judgment!Subash Chandra Srivastava Vs. the State of Bihar and anr.
Court: Patna
Decided on: Feb-08-2007
Ghanshyam Prasad, J.1. Heard.2. This is an application under Section 482 Cr.P.C. to quash the order of cognizance dated 29.6.2006 passed by C.J.M. Siwan in Hussainganj P.S. Case No. 54 of 2006 thereby and thereunder cognizance under Section 302/34 I.P.C. and 27 of the Arms Act has been taken against the petitioner and others.3. It appears that on 28.3.2006 in the evening an incident took place at Badram Bazar under Hussainganj P.S., Siwan in which some miscreants attacked one Sant Atma Ram Mukhiyar with fire arms. The injured Sant Ram Mukhiya was immediately brought in Sadar Hospital from where he was referred to P.M.C.H., Patna. However, he died in course of the treatment.4. It further appears that one Srinath Manjhi, Chaukidar of Barhan Mahal on the same night at about 9.00 P.M. lodged fardbeyan before Hussainganj Police Station alleging therein, apart from attack on Sant Ram Mukhiya, that one of the miscreants was caught and was lynched by villagers upon which the police registered...
Tag this Judgment!Karuna Kant Pandey and ors. Vs. State of Bihar and anr.
Court: Patna
Decided on: Feb-08-2007
Madhavendra Saran, J.1. In this Miscellaneous application prayer has been made to quash the order dated 22.9.2005 passed by Shri O.P. Singh, Judicial Magistrate. 1st Class, Kaimur at Bhabhua in Bhabhua P.S. Case No. 45/03 corresponding to G.R. No. 135/03 whereby and whereunder he has dismissed the petition filed by the petitioners challenging the jurisdiction of the Court to commit the case and try the same in the district of Kaimur when the offence has taken place at Varanasi in the State of Uttar Pradesh.2. The prosecution case, in short, is that the marriage of informant's elder sister Sangita Pandey was performed on 12.5.1999 with Manish Pandey as per Hindu custom in which several presentations were given. On the day of marriage accused Manish Pandey and his other family members made further demand of Rs. 40,000 cash, fridge, V.C.R., etc. Informant's family expressed their difficulty in providing the same. They were mentally tortured by the accused persons and after great persuasi...
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