Court : Patna
Chandramauli Kr. Prasad, J.1. Plaintiffs-petitioners, being aggrieved by the order dated 5.10.2005 passed by the Munsif, I, Begusarai in T.S.No. 96 of 1997 acceeding the prayer of the defendant-opposite party to amend the written statement, has preferred this application.2. Short facts, giving rise to the present application, are that the plaintiffs filed the suit for declaration of title and recovery of possession as also for permanent injunction and mesne profit. According to the plaintiffs, Achhe Mahto and Chanchal Mahto had purchased 6 katha 9 dhoors of land of Survey Plot No. 278 situated at Mauza Cheria Bariarpur by registered sale deed dated 13.6.1930 executed by Jua Barai and came in possession thereof. Sudama Devi, daughter of Achhe Mahto by rgistered sale-deed dated 14.3.1969 sold land of her share in Survey Plot No. 278 measuing 1 katha 12 dhurs to Ramayan Mahto and Hari Mahto sons of Chanchal Mahto. Another daughter of Achhe Mahto Lukhiya Devi sold her share in the said p...
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Barin Ghosh, J.1. Petitioner came to this Court by filing the present writ petition seeking time bound promotions. There is no dispute that the State came up with a policy to accord two time bound promotions to a person, who is stagnant in the same post for a long period of time. The policy of the Government provided that First Time Bound promotion will be accorded after completion of 10 years or with effect from 1st April, 1987, whichever is earlier, and the Second Time Bound promotion will be accorded after completion of 25 years of service, but in any case not earlier than three years from the date of according First Time Bound promotion.2. There is no dispute that the petitioner was working as Steam Man in the Workcharge Establishment of the State before he was brought into the Permanent Establishment of the State where also he worried as Steam Man, but the dispute is since when he started discharging the duties of Steam Man. There cannot be any dispute, as it appears from Annexur...
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Shiva Kirti Singh and Subash Chandra Jha, JJ.1. The sole appellant is aggrieved by his conviction under Section 20(b)(ii)(c) of the NDPS Act for which he has been awarded RI for 13 years and a fine of Rs. 1,00000/- (One Lac) in lieu whereof he is to undergo a further imprisonment of one year RI. The impugned judgment dated 18th March, 2006 has been rendered by learned Additional District & Sessions Judge-cum-Special Judge, NDPS Act, Kishanganj in Special Case No. 08 of 2001/Trial No. 05/2001 which arises out of Kishanganj Unit case No. 21.NDPS Act/KNE/2001.2. According to the prosecution, essential facts in brief are that on 23rd March, 2001 officials of the Custom Department, Kishanganj received a telephonic information that contraband ganja was being transported from Imphal to Calcutta by a bus bearing Registration No. MN-04/5255 via Kishanganj. On receipt of the information the Superintendent of Customs constituted a preventive team and the advance team of preventive officers locat...
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Rekha Kumari, J.1. This appeal is directed against the order dated 24.8.2004 passed in C.W.J.C. No. 3136 of 2003 by a learned Single Judge of this Court whereby the writ petition of the petitioner respondent has been allowed. The Appellant-respondent has filed the above writ petition for quashing the letter dated 12.3.2003 (Annexure-1 of the writ petition) issued by the appellant wherein the appellant's offer letter dated 18.1.2003 (Annexure-4 of the writ petition) to the respondent to the post of Operator-D Trainee (Power and Utility) was cancelled and withdrawn.2. The admitted facts in this case are that the Indian Oil Corporation Limited (IOC)-appellant wanted to appoint some Operators-D grade (Power and Utility) in Barauni Refinery in the pay scale of Rs. 5400-10850 for which they require trainees who were to be appointed against the vacant posts after successful completion of six months training. The appellant, hence, notified about it to the employment exchange. The names of the...
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1. The sole appellant along with 3 others was charged for the offence under Sections 302/34 and 201/34 of the I.P.C. By the impugned judgment and order dated 6-5-2002 while acquitting the other three co-accused, the learned 1st Addl. Sessions Judge, Samastipur has convicted the appellant for the aforesaid charges in Sessions Trial No. 119/26 of 1999 arising out of Dalsingsarai P.S. Case No. 15 of 1998 and awarded Rigorous Imprisonment for Life and Rigorous Imprisonment for five years respectively for the aforesaid two charges.2. The prosecution case is based upon circumstantial evidence. As per Fardbeyan of the informant Suresh Paswan (P.W. 10), his son Ritesh Kumar aged about 8 years went out to play at about 6.30 p.m. on 11-2-1998 along with another young boy Sonu Paswan aged about 7 years. They were playing in front of Darwaja of the appellant, a neighbour. At about 7 p.m. when Ritesh did not return then a search started with the help of Shyam Paswan (P.W.6) and Baidyanath Paswan (...
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Barin Ghosh, J.1. By an order dated 31st January, 1991, the services of the petitioner were terminated. The petitioner challenged the said termination by filing a writ petition registered as CWJC No. 1937 of 1991. The Writ Court while allowed the writ petition and set aside the notification dated 31st January, 1991 in so far as the same purported to terminate the services of the petitioner, directed that the petitioner shall be reinstated in service. The Court then provided as follows:The period from the date of services of the petitioner to the date of reinstatement shall be counted for continuity of service. However, the petitioner shall be entitled to pay and allowances on and from the date of reinstatement or from. 1st November, 1995 whichever is earlier.2. A Special Leave Petition filed against this order before the Hon'ble Supreme Court was dismissed on the ground of limitation.3. In purported compliance of the directions of this Court in the said writ petition, an order of rein...
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Navin Sinha, J.1. The controversy for determination in both these applications is whether the agreement for winning of sand is a 'lease' or a 'licence'. If it is a licence, Stamp Duty on the agreement shall be payable under Item 5 of Schedule IA of the Stamp Act. If it be a lease, Stamp Duty shall be payable in accordance with item 35(a)(1).2. Learned Counsels for the petitioners submitted that the rights settled to them were a licence and not a lease. Reliance was placed on : [1976]3SCR661 (Board of Revenue v. A.M. Ansari), to submit that then was no creation of an interest in immovable property or a right to possess or enjoy it. This was a necessary concomitant of a lease. The petitioners were only entitled to collect sand from the surface of the lands without any right to the lands or to even put up structure on the lands. The right to only take away the fructus naturals could not be construed as lease. Relying upon : [2002]3SCR783 , Corporation of Kalicut v. K. Shriniwashan, it wa...
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Barin Ghosh, J.1. On 19th August, 1980, both the petitioners were promoted to the post of Horticulture Inspector. There is no dispute that the post of Horticulture Inspector is a feeder post for promotion to the post of Horticulture Officer/Sub Divisional Horticulture Officer. On 24th April, 1999, the Departmental Promotion Committee made recommendations in favour of the petitioners for being promoted to the post of Horticulture Officer/Sub Divisional Horticulture Officer. On the basis of such recommendation, by an order dated 14th October, 1999, the petitioners and others were promoted to the post of Horticulture Officer/Sub Divisional Horticulture Officer. Petitioners were given a show cause and thereby they were informed that their promotion order dated 14th October, 1999 is liable to be cancelled. It was not indicated in the show cause in details the reasons in support thereof. Thereupon on 10th May, 2001, by one order the promotions accorded to the persons by the order dated 14th...
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Ghanshyam Prasad, J.1. Heard.2. This application under Section 482 Cr.P.C. has been filed to quash the order dated 13.3.2006 passed by Fast Track Court No. I, Aurangabad in Sessions, Trial No. 111 of 2004/20 of 2005 thereby all the five petitioners have been summoned under Section 319 Cr.P.C. alongwith other accused persons.3. The facts of this case in brief is that on 10.6.2002 at 2.30 P.M. occurrence took place for a piece of land between the prosecution and accused party. In that very incident, two Persons from the side of accused-petitioners were murdered. Both the parties lodged case against each other. The accused side lodged fardbeyan on the same day at 9.30 P.M. upon which the police registered case bearing No. 258 of 2002 under Sections 302, 307, 147, 148 and 149 I.P.C. against 14 persons (Annexure-2). Next day on 11.6.2002 at 9.00 P.M. one Budhni Devi from the side of the prosecution lodged, farbeyan before Mufassil P.S. upon which the police registered case bearing No. 260 ...
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Abhijit Sinha, J.1. Angad Ram, the sole appellant, has preferred this appeal from jail where he is suffering incarceration consequent to the judgment and order dated 31-5-2003 passed by Sri Shiva Bachan Singh, learned Presiding Officer, Fast Track Court No. I, Kaimur at Bhabhua, in Sessions Trial No. 26/200 of 2000/2001 (arising out of Mohania P.S. Case No. 33/2000). By the impugned judgment and order the appellant on being found guilty of the offences under Sections 376 and 450, I.P.C. has been sentenced to undergo rigorous imprisonment for 7 years and also pay a fine of Rs. 500/-, in default whereof to suffer further rigorous imprisonment for three months for the offence under Section 376, I.P.C. However, no separate sentence was imposed for the offence under Section 450, I.P.C.2. The prosecution case is based on the statement given by one Indrawati Devi, the wife of Ram Sagar Sharma at the Mohania P.S. at about 11.30 a.m. on 6-2-2000 in respect of an occurrence which took place ear...
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