Patna Court July 2007 Judgments
Dr. Dhirendra Kumar Vs. the State of Bihar and ors.
Court: Patna
Decided on: Jul-09-2007
S.K. Katriar, J.1. Heard Mr. Basant Kumar Choudhary for the petitioner, and Mr. Mithilesh Kumar Mauar, learned junior counsel to Government Pleader No. XI. This writ petition has been preferred with the prayer to quash letter No. 369 (24), dated 4.2.2000 (Annexure-1), issued by the Government of Bihar in the Department of Health, Medical Education and Family Welfare, whereby he has conveyed the decision of the Finance Department, refusing to reimburse the petitioner for the medical treatment undergone by him in Delhi on the ground that prior permission for the same was not obtained. The respondents have placed on record their counter affidavit and have supported the impugned action.2. I have perused the materials on record and considered the submissions of learned Counsel for the parties. The facts are not in dispute and may be briefly stated. The petitioner has had a history of heart problem and he was treated in Escorts Heart. Institute and Research Centre, New Delhi (hereinafter re...
Tag this Judgment!Kabutari Devi Vs. Consolidation Officer and ors.
Court: Patna
Decided on: Jul-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 orders of the revisional authority, dated 10.6.1988, and 16.9.1988 recorded by the Deputy Director, Consolidation (Hqrs.), Patna, who is respondent No. 3, in Consolidation Revision No. 2765 of 1985, a copy whereof is placed as Annexures 7 and 10, respectively.2. Learned Counsel for the parties are heard. Entire record is examined. The relevant provisions of the Bihar Consolidation of Holdings & Prevention of Fragmentation Act, 1956 ('Act of 1956') have been considered and examined for the purpose of appreciation of the submissions raised in this writ application under Article 226 of the Constitution of India.3. The respondent No. 4 is the original applicant, who preferred an application under Section 10-B of the Act of 1956 giving rise to Case No. 14 of 1981-82, for consolidation and mutation of his name in respect of the land bearing no. Khata No. 13, Kharari...
Tag this Judgment!Basgit Singh and anr. Vs. the Deputy Director of Consolidation and ors ...
Court: Patna
Decided on: Jul-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 order of the revisional authority, dated 5.9.1988, recorded by the Deputy Director, Consolidation (Hqrs.), Patna, who is respondent No. 1,in Consolidation Revision No. 1928 of 1987, a copy whereof is placed as Annexure 3.2. Learned Counsel for the parties are heard. Entire record is examined. The relevant provisions of the Bihar Consolidation of Holdings & Prevention of Fragmentation Act, 1956 ('Act of 1956') have been considered and examined for the purpose of appreciation of the submissions raised in this writ application under Article 226 of the Constitution of India.3. Consolidation proceedings started at the instance of the co-sharers of the petitioners by filing a petition before the Consolidation Officer for cancelling the name of the petitioners entered in the R.S. Khatiyan and to enter their names with respect to 1.25 acres of land of khata No. 4 sit...
Tag this Judgment!Sri Ram Talkies and anr. Vs. the State of Bihar
Court: Patna
Decided on: Jul-09-2007
Navin Sinha, J.1. Heard learned Counsel for the petitioners and learned Counsel for the State.2. The petitioners seek quashing of the first information report registered as Bhawanipur P.S. Case No. 33 of 2002 under Section 7(4) of the Bihar Cinemas (Regulation) Act, 1954 (hereinafter referred to as 'the Act' ).3. The first information report came to be lodged on 12.4.2002 alleging that the petitioners were exhibiting films without a valid licence under the Act.4. Learned Counsel for the petitioners relied upon Section 7(4) of the Act to submit that for an offence under the Act, for alleged running a cinema hall without a licence, there was a bar in institution of a first information report much less of taking of cognizance unless the same was in the form of a complaint made by the District Magistrate or any other Officer duly authorised by him. Learned Counsel further relied upon Section 2(d) of the Code of Criminal Procedure (hereinafter referred to as 'the Code') to submit that a Po...
Tag this Judgment!Sardar Guru Dayal Singh and Prahlad Kumar Sarkar Vs. the State of Biha ...
Court: Patna
Decided on: Jul-09-2007
Navin Sinha, J.1. In both these writ applications the interpretation of Section 5 (b) of the Bihar State Minority Commission Act, 1991 (hereinafter referred to as 'the Act') falls for consideration. Section 4 provides for nomination of a Chairman, two Vice Chairman and maximum of eight Members of the Commission by the State Government. Section 5(a) stipulates a term of three years for such nominated persons from the date they assume the charge of their office. Section 5(b) which is relevant for the present controversy is necessary to be set out below:5(b) If at any time, it appears to the State Government that the Chairman. Vice-chairman or any Member of the Commission is unfit to hold his office or has been found to be guilty of misconduct or neglect of duties or abuse of power, which renders his removal from office of the Commission, necessary in public interest, the State Government may by notification in the official gazette, remove him from such office. The Chairman. Vice Chairma...
Tag this Judgment!Jhuri Bind and ors. Vs. the State of Bihar and ors.
Court: Patna
Decided on: Jul-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 order of the revisional authority, dated 20.9.1988, recorded by the Deputy Director, Consolidation (Hqrs.), Patna, who is respondent No. 3, in Consolidation Revision No. 2187 of 1985, a copy, whereof, is placed as Annexure 4.2. Learned Counsel for the parties are heard. Entire record is examined. The relevant provisions of the Bihar Consolidation of Holdings & Prevention of Fragmentation Act, 1956 ('Act of 1956') have been considered and examined for the purpose of appreciating the submissions raised in this writ application under Article 226 of the Constitution of India.3. The respondent No. 6 is the original applicant, who preferred an application under Section 10B of the Act of 1956 for consolidation and mutation of his name in respect of the land bearing No. C.S. Khata No. 90 of C.S. Plot No. 563 R.S. Khata No. 41 and R.S. Plot No. 1245, measuring about 0...
Tag this Judgment!Ram Binod Singh, Vs. the Bihar State Electricity Board and ors.
Court: Patna
Decided on: Jul-04-2007
Shiva Kirti Singh, J.1. Specific orders referring the relevant issues for decision by a larger Bench have been passed in CWJC No. 12181 of 2003 Ram Binod Singh v. the Bihar State Electricity Board and Ors. and in CWJC No. 8677 of 2003 Shabbir Alam v. Bihar State Electricity Board. The other matters have been listed because they are also dependent upon the outcome of answer to the issues under reference.2. The orders making reference disclose that the learned Single Judges hearing the writ petitions noticed that the view taken by a Division Bench of this Court in case of Bihar State Electricity Board and Ors. v. Man Bahadur and Ors. reported in 2004 (3) PLJR 3 appears to be contrary to earlier Division Bench judgments of this Court, particularly in the case of Bihar State Electricity Board and Ors. v. Madan Mohan Prasad and Ors. 2001 (2) PLJR 58.3. In eight out of nine matters before us the petitioners are class III or Class IV employees (or their widows/dependents) retired from servi...
Tag this Judgment!Mahtab Devi Vs. Narayan Sao and ors.
Court: Patna
Decided on: Jul-03-2007
S.N. Hussain, J.1. This second appeal has been filed by the plaintiff against the judgment and decree of reversal passed by the learned Court of appeal below.2. This second appeal arises out of title Suit No. 113 of 1981 which was filed by the sole plaintiff-appellant with respect to the suit properties detailed in Schedule-2 of the plaint, namely 3 acres 14 decimals of land appertaining to various khesras of Khata No 151, Tauzi No. 14066, Thana No. 235, situated in village Mohiuddinpur Geelani, under Asthanwa Police Station within the district of Nalanda for the following reliefs:(i) a declaration that the plaintiff had full right, title and interest in the suit property;(ii) cost of the suit;(ii) any other reliefs to which the plaintiff is deemed entitled3. The claim of the plaintiff was that she was the wife of Saudi Sao (defendant No. 4) who was resident of another place, but he settled in Mohiuddinpur Geelani under Asthanwa Police Station in the district of Nalanda. She further ...
Tag this Judgment!Chandra Mohan Singh Vs. State of Bihar
Court: Patna
Decided on: Jul-03-2007
Madhavendra Saran, J.1. This appeal is directed against the judgement and order dated 17.4.1993 passed by Sri Anil Kumar Verma, 2nd Additional 125/1983 by which he convicted the appellant Under Section 324 of the Penal code and sentenced him to undergo R.I. for two years.2. The prosecution case, in short, is that on 18.10.1982 at about 10 PM informant Yogendra Rai after taking supper was lying in the cattle shed of his Bathan. His father Sonafi Rai was also lying there. A lantern was burning and hanging with the roof. It is said that 9-10 persons variously armed came there. The informant identified appellant Chandra Mohan Singh who was armed with country made revolver, Shambhu Singh and Sakindar Singh were armed with Bhala, Ram Kishore Singh was armed with Farsa, and Gauri Shanker Singh, Dinbandhu Singh and Devesh Singh were carrying Lathi. As soon as they reached appellant Chandra Mohan Singh fired from his country made revolver which hit the informant on his right leg and knee, left...
Tag this Judgment!Shiv Nandan Prasad Vs. the State of Bihar
Court: Patna
Decided on: Jul-03-2007
Ghanshyam Prasad, J.1. This application under Section 482 Cr.P.C. has been filed to quash the order of cognizance dated 22.9.2006 passed by C.J.M., Nawada in Akbarpur P.S. Case No. 180 of 2005 thereby cognizance under Section 7 of the E.C. Act has been taken for violation of provisions of the Bihar Trade(Licenses Unification) Order, 1984.2. Heard the learned Counsel for the petitioner as well as the State.3. The submission of the learned Counsel for the petitioner is that on the date of search and seizure, the Bihar Trade Articles (Licenses Unification) Order was not workable. There was no authorisation in favour of any of the authority for search and seizure launching prosecution. The notification of the Government with regard to authorisation of the authorities to exercise jurisdiction under Public Distribution System Order, 2001 was notified much after the institution of the case on 25.5.2006. It is further submitted that the cognizance taken on the basis of illegal search it, the ...
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