Patna Court May 2007 Judgments
Smt. Kamla Devi Vs. the State of Bihar and anr.
Court: Patna
Decided on: May-31-2007
M. Saran, J.1. In this application filed under Section 482 of the Code of Criminal Procedure (in short as the Code) prayer has been made for quashing the order dated 25.9.2006 passed by learned Additional Sessions Judge-F.T.C.V. Nalanda in Sessions Trial No. 549/2004, by which he has rejected the prayer for discharge of the petitioner from the case. There is also prayer for quashing the order dated 19.4.2004 passed in Complaint Case No. 110(c)/2004 corresponding to Tr. No. 523/2004 styled as Sheo Balak Prasad v. Smt. Karala Devi by which the learned Magistrate took cognizance under Section 211/34 of the Indian Penal Code against the petitioner and Ors.2. It appears that on 5.8.1996 petitioner filed a petition a complaint vide Complaint Case No. 404c/96 in the court of Chief Judicial Magistrate, Nalanda at Biharsharif against opposite patty No. 2 and others for an occurrence which has allegedly taken place on 4.8.96, a copy of which was sent to the police under Section 156(3) of the Co...
Tag this Judgment!Braj Kishore Prasad and ors. Etc. Etc. Vs. State of Bihar and ors. Etc ...
Court: Patna
Decided on: May-31-2007
V.N. Sinha, J.1. Heard learned Counsel for the petitioners, the State and the Bihar State Co-operative Marketing Union Limited (hereinafter referred to as 'BISCOMAUN').2. The aforesaid two contempt applications have been filed asserting that BISCOMAUN has failed to comply the general directions of this Court to pay the admitted retiral dues of the petitioners as directed under order dated 16.8.2004 passed in C.W.J.C.Nos. 9323 of 2004 and 9237 of 2004. Annexure-1 in M.J.C.No. 3055 of 2005. The aforesaid writ petitions have been filed for a direction to the authorities of the BISCOMAUN to pay the retiral dues of the petitioners who served the BISCOMAUN to the best of their ability and superannuated from the service of the BISCOMAUN on different dates indicated in the writ petitions.3. The authorities of the BISCOMAUN have not disputed the claim of the petitioners about their entitlement for payment of the retiral dues. They, however, contend that presently BISCOMAUN is facing acute fina...
Tag this Judgment!Mostt. Sharda Devi and anr. Vs. Chandbala Devi (Substituted) and ors.
Court: Patna
Decided on: May-31-2007
Syed Md. Mahfooz Alam, J.1. This Second appeal has been preferred by the defendants-appellants against the judgment and decree dated 12-2-1986 passed by Sri Prem Narain Shukla, 3rd Additional District Judge, Vaishali at Hajipur in Title Appeal No. 4 of 1983 modifying the judgment and decree dated 10-12-1982 passed by Sri Bhupendra Singh, Munsif 1st, Vaishali at Hajipur in Title Suit No. 150 of 1977.2. The brief facts which gave rise to filing of this second appeal are as follows:Original plaintiff Bachu Chaudhary filed Title Suit No. 150 of 1977 in the Court of the Munsif 1st, Hajipur for partition of his 1/5th share in the disputed property appertaining to C.S. Plot No. 713 corresponding to R.S. plot No. 83 (Ka) and 83 (Kha) under old khata No. 236, New Khata No. 335 comprising an area of 125 decimal with house standing thereon situated in Mohalla Pokhara, Town Hajipur, District Vaishali. The said suit was decreed in part by judgment dated 10-12-1982 and it was held that the plaintif...
Tag this Judgment!Prakash Ranjan Kumar and ors. and Ajit Kumar Saha Vs. the State of Bih ...
Court: Patna
Decided on: May-31-2007
Barin Ghosh, J.1. Whereas in CWJC No. 12348/1996, the principal challenge was adjustment of persons, working with the Adult Education Department, in the Bihar Education Service, who secured a permanent job in the Government, after being recommended by the Bihar Public Service Commission on conclusion of the 30th Combined Competitive Examination; the principal challenge in CWJC No. 3397/1998 was granting of seniority to them above the persons who joined the Bihar Education Service on being recommended by the Bihar Public Service Commission after the 31st Combined Competitive Examination.2. Both the Writ Petitions are by persons who joined the Bihar Education Service on being recommended by the Bihar Public Service Commission after conclusion of the 31st Combined Competitive Examination.3. On the basis of success in the 30th Combined Competitive Examination, whereas six posts in the Bihar Education Service were to be filled in; 203 posts of Block Employment Officers, amongst other posts...
Tag this Judgment!Amar Singh and ors. Etc. Etc. Vs. the State of Bihar and ors. Etc. Etc ...
Court: Patna
Decided on: May-30-2007
Shiva Kirti Singh, J.1. All the writ petitions covered by this common judgment have been heard together on the admitted premise that they seek to challenge the constitutionality, legality and vires of Sub-section (4) of Section 23 of the Bihar Tenancy Act, 1885 (hereinafter referred to as 'the Act'), which has been inserted by Bihar Tenancy (Amendment) Act, 1993 (Bihar Act 21/1993), as well as of provisions in the Bihar Rent Refixation Rules, 1995 (hereinafter referred to as 'the Rules).2. During the hearing of these writ petitions on several dates no dispute or controversy of facts was raised before this Court. All the writ petitions have been argued on the basis of undisputed understanding that on account of fresh assessment of rent under the impugned provisions, treating the land to be under non-permissible industrial or commercial use and, therefore, amenable to revised rent on the basis of its market value, the liability of the petitioners towards rent payable to the State under ...
Tag this Judgment!Arjun Prasad and ors. Etc. Etc. Vs. the State of Bihar and ors. Etc. E ...
Court: Patna
Decided on: May-30-2007
V.N. Sinha, J.1. M.J.C.No. 820 of 2006, 1874 of 2006, 1370 of 2006, 511 of 2006, 1760 of 2006 and 2667 of 2006 have been filed asserting failure on the part of the patna/Gaya Municipal Corporation and Manager Municipality that the Corporation/Municipality has failed to comply the general directions of this Court to pay the retiral dues of the petitioners and the authorities of the Corporation/Municipality are liable to be proceeded against for failure to comply the orders of this Court.2. The aforesaid writ petitions have been filed for a direction to the authorities of the Gaya Municipal Corporation and Munger/Jamalpur Municipality to pay the admitted retiral dues to the petitioners who superannuated while serving the Corporation/Municipalities to the best of their ability.3. During pendency of the writ petitions, petitioner of C.W.J.C.Nos. 15070 of 2004, 1595 of 2005 and 2369 of 2005 died leaving behind their heirs indicated in Interlocutory Application Nos. 3499 of 2006, 2410 of 20...
Tag this Judgment!Anuj Singh Vs. State of Bihar
Court: Patna
Decided on: May-28-2007
Indu Prabha Singh, J.1. This appeal under Section 374(2) of the Code of Criminal Procedure, 1973 (in short the Code) is directed against the judgment dated 25-11-1992 passed by Shri H. B. P. Sinha, 4th Additional Sessions Judge, Nawadah in S. T. No. 1/ 92/3/92 convicting the appellant under Section 376/109 of the Indian Penal Code and sentencing him to undergo rigorous imprisonment for six years.2. The prosecution case, in short, is that on 12-5-1991 while the informant Manti Devi (P. W. 8) had gone to Dhanma Bandh to graze her cattle, at about noon the appellant Anuj Singh came there along with others and charged her that her cow had grazed his Brinjal crops on the previous day. On her denial the appellant caught hold of her hand and brought her near the Brinjal field. He also took her to a hut where he threw her on the ground. One of the accused, namely, Jagdeo Tanti caught hold of her legs while the other accused, namely, Ishwari Singh committed rape on her. On Hulla P. Ws. 3 and 4...
Tag this Judgment!Chhabila Sah Vs. State of Bihar
Court: Patna
Decided on: May-28-2007
Abhijit Sinha, J.1. This appeal at the instance of the sole appellant Chhabila Sah is directed against the judgment and order dated 5th March, 1993 passed by Sri Damodar Prasad, the then Special Judge (E. C. Act Cases) East Champaran at Motihari whereby he has found the appellant guilty of the offence under Section 7(1)(a)(ii) of the Essential Commodities Act (hereinafter referred to as the 'E.C. Act') for contravention of the provisions of the Bihar Trade Articles (Licenses Unification) Order, 1984 (hereinafter referred to as the 'Unification Order') and had sentenced him to undergo Rigorous Imprisonment for 6 months.2. The prosecution case, in brief, is that one, Girindra Narain Thakur, District Supply Officer, Motihari gave his written report to the Officer Incharge Town P.S. Motihari on 20-9-1990, inter alia, stating that at about 4.45 p.m. that day he had raided the shop of stove repairing of the appellant herein situated at Balua Bazar Motihari along with Sub-Inspector Mithila N...
Tag this Judgment!Master Vedant Dhari Sinha Vs. the State of Bihar and ors.
Court: Patna
Decided on: May-25-2007
V.N. Sinha, J.1. Heard learned Counsel for the parties.2. Petitioner, who has been detained in Class XI by the Principal of D.A.V. Public School, BSEB Colony, New Punaichak, Patna (hereinafter referred to as the School), has filed this writ petition praying inter alia to direct the Managing Committee and the Principal of the School, Respondent Nos. 2 and 3 to grant him promotion to Class XII for the Academic Session 2007-08 so as to enable him to appear in the Central Board of Secondary Education (hereinafter referred to as the CBSE) Examination to be held in March/ April, 2008. In this connection, it has been submitted that the petitioner passed All India Secondary School Examination, 2006 and obtained 92% marks and thereafter was admitted in the School on merit. Having pursued his studies in the School in a regular manner, he appeared in the first and second terminal Examination held in the month of August and December, 2006 in which he secured more than 60% marks. The annual examin...
Tag this Judgment!ishwar Dayal Vs. the Union of India (Uoi) and ors.
Court: Patna
Decided on: May-24-2007
J.N. Bhatt, C.J.1. Upon joint request of the parties, this matter was taken up for final hearing on 23.5.2007 at the admission stage itself in view of the involvement of a sum of the amount of Rs. 25,000/- only, by way of 50% of the back wages in respect of the writ petitioner, a Class IV servant of the Union of India, working in the Postal Department. Therefore, today, the judgment is being pronounced. 2. In this writ application under Article 226 of the Constitution of India, the only question which is urged is that though by the impugned judgment of the Central Administrative Tribunal, Patna Bench, Patna ('Tribunal'), dated 23.11.2004, passed in O.A. No. 29 of 2003, on reinstatement, the petitioner has been treated as on duty for all purposes including back wages for the period from 18.11.2002 to 14.6.2004 but, the Tribunal has restricted the payment of back wages to the extent of 50% only, due and payable to the petitioner. Therefore, the main grievance voiced in this petition is ...
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