Patna Court August 2007 Judgments

St. Xavier's College of Education Vs. State of Bihar and Ors.

Court: Patna

Navaniti Pd. Singh, J.1. Heard.2. The petitioner-institution is a minority institution which had set up a Minority Teacher's Training College for preparing students for the B. Ed degree examination of Magadh University. The College was established in the year 1988 with permission for such establishment granted by the State Government on 20-8-1988 (Annexure-1). Thereafter, apparently in terms of the Bihar Non-Government Physical Training College and Non-Government Teachers' Training College and Non-Government Primary Teachers' Training College (Control and Regulation) Act 1982, the College, having already been granted permission for establishment by the Government, was granted recognition and permission to conduct the said course for two sessions that is 1988-89 and 1989-90 vide order dated 21-11-1988 '(Annexure-2). The State Government, thereafter, by its letter dated 13-2-1991 (Annexure-3) extended the recognition up to Session 1990-1991. While doing so, the petitioner institution w...

Mr. FranklIn J. Qureshi and Smt. Sarla Veena Lyall and anr. Vs. the St ...

Court: Patna

Ghanshyam Prasad, J.1. Heard.2. Both the cases heard together and are being disposed of by this common order.3. This application has been filed for quashing of the entire criminal proceeding as well as order dated 7.12.2004 passed by Shri N.B. Lal, Judicial Magistrate, Patna in Complaint Case No. 2733(C) of 2003 thereby cognizance under Sections 406, 408 and 418 of the I.P.C. has been taken against the petitioners of both the applications. 4. Christian mission named Baptist Union of North India (BUNI) runs three institutions, one of which is Women Training College, Lodipur, Patna. Petitioner, namely, Mr. Franklin J. Qureshi is the Secretary and Treasurer of Baptist Church Association. Petitioner Smt. Sarla Veena Lyall is Principal of the Angus Girls' School and the other petitioner Miss Salomy Mundu is also associated with the School. Complainant-opposite party No. 2 Miss Elizabeth claims herself as warden-cum-Superintendent of Angus Girls' School Hostel, Lodipur. 5. Complainant's cas...

The State of Bihar Vs. Khurshid Imam

Court: Patna

Madhavendra Saran, J.1. This appeal by the State has been preferred against the judgment of acquittal dated 27.6.1991 passed by 2nd Additional Sessions Judge, Aurangabad in S.Tr.No. 19/1976/65//1990.2. Shortly stated the prosecution case is that in the month of July, 1969 triplicate copies of receipt No. 1574 of Central Cooperative Bank, Aurangabad were found missing from the receipt book of the bank. The Joint Secretary of the bank, who was Assistant Registrar, Cooperative Society, Aurangabad at that time, by memo No. 35 dated 17.7.1969 informed all the P.V.Ps./B.D.Os of the area to locate the said receipt. In response to the letter, P.V.P. of Baroon block informed the bank and other authorities that the receipt No. 1574 dated 28.6.1969 for Rs. 926.70 paise was granted to the Secretary of Kurwan M.P.C.S. and the receipt was signed by the head clerk cum cashier of the bank named Khurshid Imam who also admitted its genuineness. On verification of the bank account it was found that the ...

Prithavi Sharma Vs. the State of Bihar and ors.

Court: Patna

J.N. Bhatt, C.J.1. By this Letters Patent Appeal under Clause 10 of the Letters Patent of the Patna High Court, the challenge is against the judgment, dated 31.8.2006, recorded by the learned Single Judge, in a writ application being CWJC No. 3206 of 2006.2. Upon request of the learned Counsels for the parties, this appeal is taken up for final hearing at the stage of admission itself.3. The appellant is the original writ petitioner, who appeared at the Primary Teachers' Training examination in the year 1991, conducted by the Bihar School Examination Board. The institution, namely, Gautam Budha Primary Teachers' Training College, Shri Nagar, Rohtas, from where the appellant - original writ petitioner, got training, was not recognized by the Government, as required by the law. The result of the appellant was not published which led to filing of a writ petition by, the institution, being CWJC No. 5338 of 1990. In the said writ petition, the recognition of the institution was sought alon...

Lal Bahadur Singh Vs. Union of India (Uoi) and ors.

Court: Central Administrative Tribunal CAT Patna

Reported in: (2008)(2)SLJ262CAT

1. A departmental proceeding commenced against the applicant vide memo of charges dated 19.9.2002 (Annexure-I) alleging therein that while the applicant was functioning as SB Postal Assistant at Jaintpur Estate during the given period, he had received certain amounts from different persons as deposits in the passbooks of the constituents, and the applicant entered the amount in the passbooks giving date-stamp, but after making entry of the deposit in the ledger, returned the pass book to the depositor. The allegation was that the applicant did not place the pass book, pay-in-slip and the ledger before the SPM, J Estate for checking in any of the four cases, with the result that the amount was not taken into SO account of the date, causing loss to the Department.2. The charges against the applicant having been found to be proved by the Enquiry Officer, the report was considered by the Disciplinary Authority, the Senior Superintendent of Post Offices, Muzaffarpur Division who agreed wit...

Akshay Lal Sah Vs. the State of Bihar and ors.

Court: Patna

J.N. Bhatt, C.J.1. Service of notice on the other side is waived. Upon joint request, this matter is taken up for final hearing at the stage of admission itself.2. Learned Counsels for the parties have been heard and factual profile emerging from the record has been evaluated in this Letters Patent Appeal, arising out of the judgment, dated 26.4.2006 in writ petition being CWJC No. 9240 of 2005, whereby, the writ petition under Article 226 of the Constitution of India came to be dismissed. We have also, therefore, given our anxious thoughts and consideration to the text and texture of the impugned judgment of the learned Single Judge.Following facts have, emerged unquestionably from the record.(i) The appellant - original writ petitioner, was working at the relevant time in the Revenue Department and was posted at Bettiah from 1988 to May, 1996.(ii) On 15.2.1997, he came to be placed under suspension on the ground that he left his place of posting by making certain serious changes and...

Jorjy International Private Limited and ors. Vs. State of Bihar and an ...

Court: Patna

Sadanand Mukherjee, J.1. Heard the parties.2. This is application for quashing the complaint case bearing Complaint Case No. 2697(C) of 2004 including the entire criminal proceedings before the Chief Judicial Magistrate, Patna, who was pleased to transfer the case Under Section 192(1) of the Cr.P.C. for enquiry and disposal to the court of S.D.J.M. Patna in Trial No. 2304 of 2004, where in the learned S.D.J.M. was pleased to take cognizance against the accused persons Under Sections 409, 420 and 120B of the I.P.C. on 7.1.2005, as the opposite party No. 2 had filed (Sic) fictitious complaint case against the petitioner which is an abuse of the processes of the court.3. It has been submitted that the matter relates to a civil dispute which is being guided and governed by arbitration clause described in the agreement between the complainant-opposite party and the accused parsons. It has also been submitted that prima facie no ingredient of criminal case is involved and this case has been...

Jangi Lal Prasad Vs. State of Bihar and ors.

Court: Patna

J.N. Bhatt, C.J.1. By this writ application under Articles 226 and 227 of the Constitution of India, the petitioner has assailed the order passed by the Commissioner, Tirhut Division, Muzaffarpur, on 7.12.1988 in Case No. 91 Misc./1984-85, whereby, the order, dated 27.7.1984, recorded by the Additional Collector, West Champaran, Bettiah, passed in Case No. 17 of 1982-83, upholding the Rent fixation order of the Land Reforms Deputy Collector, Bettiah, dated 27.5.1980, mainly on the ground of the inspection report of the Anchaladhikari, Bettiah, in Case No. 7 of 1976-77 has been reversed. 2. A conspectus of the material and relevant facts leading to the rise of this petition may be highlighted at this juncture. The disputed lands consisting of 6.62 acres of land of plot Nos. 228, 204, 205 and 224, appertaining to Khata Nos. 255 and 256 of village Kargahia, in the district of West Champaran, are entered in the names of Laxmi Prasad and Kunji Lal in equal shares. The said property of Kunj...

Biresh Chandra Chatterji Vs. State of Bihar and ors.

Court: Patna

Navaniti Prasad Singh, J.1. The petitioner is a Government employee and was employed as Bill Clerk in the Home (Jail) Department, Government of Bihar. He was suffering from chronic renal failure. He was being treated at the Indira Gandhi Institute of Medical Sciences, Sheikhpura, Patna and was on haemo dialysis. He was recommended for immediate renal transplant. These facts are not in dispute. He was rushed to Chennai where he underwent renal transplant from a live donor. The transplant was successful. He returned to Bihar and joined his duty. He presented the medical bills for reimbursement. The same appears to have been rejected by Annexures-8 and 9 respectively on the ground that the petitioner had chosen to undergo treatment outside the State of Bihar without prior approval of the Government and without following the procedure in this regard, as such, his claim for medical reimbursement could not be entertained notwithstanding the facts above mentioned being fully admitted. In oth...

Map Auto Ltd. Vs. Deep Shikha Autos Pvt. Ltd.

Court: Patna

V.N. Sinha, J. 1. Heard learned Counsel for the parties.2. Petitioner is a Private Limited Company and has filed this petition praying, inter alia, to wind up M/s. Deep Shikha Autos Pvt. Ltd. (hereinafter referred to as the Company) in terms of the provisions contained in Sections 433(a), (c), (e) read with Section 434 of the Companies Act, 1956 (hereinafter referred to as the Act) primarily on the ground that the company has not been able to pay its debt amounting to Rs. 33.03 and 14.94 lacs. In support of such claim, reliance is being placed on the books of account maintained by the petitioner for the period 1.4.1994 to 31.3.2000 as contained in Annexure-9 to flag '13', part whereof for the period between 1.4.1999 to 31.3.2000 was annexed with the winding up petition, as Annexure-2.3. With reference to the aforesaid extracts of the books of account, it is submitted that during the period between 1994 to 1999 the petitioner supplied leaf springs to the company against which the compa...