Patna Court January 2008 Judgments
Santosh Kumar Pandey Vs. the State of Bihar and ors.
Court: Patna
Decided on: Jan-31-2008
Navin Sinha, J.1. Heard learned counsel for the petitioner and the State.The controversy relates to the appointment on the post of Secretary, Gram Panchayat. The question is the equivalence of the qualification prescribed in the advertisement.2 The advertisement stated that the minimum educational qualification was Secondary (Matric). The petitioner, who is Madhyama pass, claims the right of consideration for appointment in pursuance of his having been empanelled in serial 1 in pursuance of the selection process basing his plea that the qualification of Madhyama was equivalent to Matriculation. Reliance for the purpose is placed on a Government instruction dated 11.1.1999 clarifying that the qualification of Madhyama was equivalent to Matriculation.3. A counter affidavit has been filed on behalf of the State. The Government policy decision dated 11.1.1999, which is the sheet anchor of the writ application does not find any consideration in the counter affidavit neither is it denied. T...
Tag this Judgment!Vakil Singh Vs. State of Bihar and anr.
Court: Patna
Decided on: Jan-31-2008
Abhijit Sinha, J.1. The second party to a proceeding under Section 144 Cr.P.C., being case No. 304 of 2005, has filed this application for setting aside the orders dated 6.5.2005 and 27.6.2005 passed therein by the learned Sub Divisional Judicial Magistrate, Mahua, whereby he has first converted the said proceeding into one under Section 145 Cr.P.C. and secondly, has attached the property under the provisions of Section 146(1) Cr.P.C. and has appointed a receiver. A prayer has also been made to quash the order dated 13.2.2007 passed by the learned Sessions Judge, Vaishali at Hajipur, in Criminal Revision No. 171 of 2005 whereby he has dismissed the revision preferred against order dated 6.5.2005.2. It appears that on the basis of a report received from the Police Inspector, Mahua, a proceeding under Section 144 Cr.P.C. was initiated by the Sub-Divisional Magistrate in respect of 7 acres 66 decimals of land spread over 25 plots of khata No. 106 in mauza Hakimpur within Mahua P.S. and b...
Tag this Judgment!Ram Raj Bhar and anr. Vs. Most. Illaichi Devi and ors.
Court: Patna
Decided on: Jan-31-2008
S.N. Hussain, J.1. Heard learned Counsel for the petitioners (plaintiff-decree holders). No one appears on behalf of the opposite parties in spite of valid service of repeated notices upon them.2. This Civil Revision has been filed by the petitioners challenging order dated 23-3-2005, by which the learned subordinate Judge-VIII, Siwan, set aside the entire auction proceeding of Execution Case No. 2 of 1989 after condoning the delay in filing of the application for setting aside auction sale.3. The plaintiffs had filed Partition Suit No. 21 1 of 1979 (12 of 1985) for partition of their 1/4th share in the suit properties. The said suit was decreed in 26-5-1986, whereafter preliminary decree was prepared, against which the defendants filed F.A. No. 357 of 1986. which is pending in this Court. Subsequently, in 6-2-1989 final decree was prepared by the learned trial Court in the partition suit, which was also challenged by the defendants in First Appeal No. 433 of 1989, which is also pendi...
Tag this Judgment!The Bihar State Financial Corporation and ors. Vs. Parmanand Kumar Etc ...
Court: Patna
Decided on: Jan-31-2008
1. Heard counsel for the parties.2. All these cases raise common issue and have been decided by learned Single Judge by a common order 12-2-2007. We propose to do the same.2A. Shorn of all elaborations, the key issue raised in these appeals is about the classification made in the scheme framed by the appellant Corporation established under the State Financial Corporation Act, 1951 (hereinafter referred to as the Act) for the State of Bihar. The scheme is known as BSFC OTS (One Time Settlement) Scheme. The scheme is meant for inviting willing applicants who are debtors defaulters of the Corporation for one time settlement under the terms and conditions of the Scheme. For the purpose of scheme the original promoters of the Unit in default have been classified in two categories (i) those defaulter promoters against whom no action under Section 29 of the Act has been taken by the Corporation for taking over the management or possession or both of industrial concerns with a right to transf...
Tag this Judgment!State of Bihar Through the District Magistrate and ors. Vs. Andrika Pr ...
Court: Patna
Decided on: Jan-31-2008
Sudhir Kumar Katriar and Kishore K. Mandal, JJ.1. The State of Bihar has preferred this appeal in terms of Clause 10 of the Letters Patent of the Patna High Court and is aggrieved by the order dated 29.7.1999 passed by a learned Single Judge in CWJC. No. 7560 of 1998, and the analogous writ petition (bearing CWJC. No. 6453 of 1998), whereby the departmental proceedings against the writ petitioner has been quashed. We shall go by the description of the parties occurring in the writ petition.2. A brief fact essential for disposal of the appeal may be indicated hereinbelow. The writ petitioner (Andrika Prasad Singh) was a Class III employee of the Bihar Government. He had on transfer joined Masaurhi Anchal as Nazir on 30.11.1990. A charge sheet was served on him on 12.9.1995 (Annexure 4). The inquiry report was submitted which, inter alia, stated that a fresh and deeper audit report is called for. The petitioner retired in the meanwhile on 30.11.1997, but final order had not been passed....
Tag this Judgment!Prasad Kharwadkar and ors. Vs. State of Bihar and anr.
Court: Patna
Decided on: Jan-31-2008
1. Four out of the five accused of Malsalami P.S. Case No. 39 of 2004 under Sections 406, 420, 120-B I.P.C. and 138 of the Negotiable Instruments Act (hereinafter referred to as "the N.I. Act") have moved this application for quashing of the entire proceedings including the order dated 19.1.2005 whereby warrant of arrest had been directed to be issued against the accused.2. One Pawan Kumar Choudhary, the complainant impleaded as O.P. No. 2 herein, filed the aforesaid Complaint Case No. CA 303 of 2004 which was referred to the concerned police station under Section 156(3) Cr.P.C. on the basis whereof Malsalami P.S. Case No. 39 of 2004 came to be registered. According to the complainant he is the proprietor of M/S. Shree Shankar Salt Company located in Marufganj, Patna City and carries out business in salts and by virtue thereof he is the stockiest, dealer and supplier of high grade iodized edible salts and other kinds of salts which is used in chemicals. It is alleged that on 10.4.2003 ...
Tag this Judgment!Prem Shankar Dubey and ors. Vs. the State of Bihar and ors.
Court: Patna
Decided on: Jan-31-2008
Chandramauli Kr. Prasad and Jayanandan Singh, JJ.1. Writ-petitioner-appellants aggrieved by the Order dated 03.9.2003 passed by a learned Single Judge in CWJC No. 6883 of 2003 has preferred this appeal under Clause-X of the Letters Patent.2. Short facts giving rise to the present appeal are that in the year 1977 under-raiyat i.e. Bataidar filed application claiming Bataidari right under Section 48E of the Bihar Tenancy Act (hereinafter referred to as 'the Act'). The Collector under the Act by order dated 27.5.1999 rejected his claim. Aggrieved by the same the under-raiyat filed CWJC No. 5929 of 1999 before this Court. A learned Single Judge by order dated 15.2.2000 set aside the aforesaid order. Aggrieved by the same the land-holder preferred LPA No. 365 of 2000 before a Division Bench, which affirmed the order of the learned Single Judge but directed the Collector under the Act to first decide as to whether bonafide dispute exists between the parties and in case he finds so, proceed ...
Tag this Judgment!Krishna Ballabh Prasad and anr. Vs. State of Bihar and anr.
Court: Patna
Decided on: Jan-30-2008
Anwar Ahmad, J.1. This is an application filed under Section 482 of the Code of Criminal Procedure for setting aside the order dated 6th/8th January, 2007 passed by the Chief Judicial Magistrate, Jamui in Sono PS Case No. 102/2006, G.R. No. 1409 of 2006 taking cognizance of the offence under Sections 498A, 307/34 of the Indian Penal Code and 3/4 of the Dowry Prohibition Act.2. Priyanka Kumari lodged FIR on 21.10.2006 against her husband Shailesh Kumar and 4 others at Sono Police Station in the district of Jamui stating therein that she was married to Shailesh Kumar, son of the petitioners of Mohalla - Bajla Chauk, Bajarangi Gali, Deoghar on 22nd January 2006. A sum of Rs. 2 lacs in cash, ornaments etc. were given. After marriage she went to her Sasural and started conjugal life. Thereafter her husband took her to Bangalore where he was working as Assistant Manager in Integra Micro System Pvt. Limited. She lived there 3-4 months happily and thereafter her husband asked her to bring a s...
Tag this Judgment!Commissioner of Income Tax Vs. Bihar Forest Development Corporation
Court: Patna
Decided on: Jan-30-2008
Chandramauli Kr. Prasad and Jayanandan Singh, JJ.1. At the instance of the Revenue the Patna Bench of the Income Tax Tribunal had drawn up the statement of case and referred the following question of law for our opinion: 1. Whether on the facts and in the circumstances of the case, the I.T.A.T. was correct in holding that there was no mistake in the order of Assessing Officer dated 16.2.1984 so as to invoke proceedings under Section 154?2. Whether on the facts and in the circumstances of the case the Assessing Officer was correct in initiating proceeding under Section 154 of the I.T. Act? 2. The order of assessment dated 16.2.1984 was passed in respect of assessment year 1979-80 in which the sales accrued in 1978-79 but received in assessment year 1979-80 were excluded because accrual basis was adopted for assessment years 1977-78. However the income accrued in 1979-80 but received by the assessee in subsequent year was not taken into account. For assessment year 1980-81, the assessee...
Tag this Judgment!Krishna Choudhary and ors. Vs. the Bihar Rajya Jal Parishad
Court: Patna
Decided on: Jan-30-2008
Navaniti Prasad Singh, J. 1. The three petitioners had done some electrical and mechanical repairing work for the respondents Bihar Rajya Jal Parishad. Their bills amounting to Rs. 4,03,245/-, Rs. 71,000/- and Rs. 11,584/- respectively were pending since long. It appears that the Executive Engineer of the Jal Parishad then wrote a communication to all the engineers concerned to respond including engineers who had since retired when the work was done. Annexure-4 responds by the Junior Engineers concerned, who had since retired , certifying that work as aforesaid had been done. Respondent No. 6 is the Executive Engineer since retired, who has also responded to the said letter (Annexure-3) and said that work was done but payment could not be made because of paucity of fund. Annexure-9 is also such letter which clearly mentions that payment could not be made because of paucity of fund. The petitioners earlier came to this Court. The writ application being C.W.J.C. No. 1317 of 2003 was dis...
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