Patna Court December 2008 Judgments
Dharamraj Singh S/O Late Sheo Shankar Singh Vs. the State of Bihar Thr ...
Court: Patna
Decided on: Dec-22-2008
Shailesh Kumar Sinha, J. 1. This application is for quashing the order dated 28th August, 1996 as contained in Annexure-1 rejecting the representation of the petitioner for recognizing his services as Government teacher and consequential relief of payment of due salary. In course of hearing, the learned senior counsel for the petitioner confined his prayer with regard to the payment of salary as an Assistant Teacher with effect from the date the school in question was taken over by the State as per the notification dated 31st May, 1983 as contained in Annexure-6 read with the recommendation of the District Nationalization Committee in its meeting dated 12th September, 1977 as contained in letter No. 691 vide Annexure-5 of the application. The petitioner claims that since the school in question i.e. Town Medhya Vidyalaya, Mairwa was taken over on the basis of the recommendation of the District Nationalization Committee as contained in Annexure-5 followed by the notification issued by t...
Tag this Judgment!Bihar Sugar Mills Association and ors. Vs. State of Bihar and anr.
Court: Patna
Decided on: Dec-22-2008
Chandramauli Kumar Prasad, Actg. C.J.1. In this writ application, prayer of the petitioner is for quashing the order dated 29th of November, 1996 (Annexure-1) issued by the respondent Cane Commissioner by which he for the crushing season 1996-97 has fixed the price of sugarcane at Rs. 71 and Rs. 75/-per quintal for its two different varieties to be purchased by the Sugar Factory.2. Petitioner No. 1 Bihar Sugar Mills Association is an Association of the Sugar Factories in the State of Bihar and its object is to safeguard the interest of its members. Petitioner Nos. 2 to 11 are the members of petitioner No. 1, and companies owning sugar factories in the State of Bihar, producing sugar through vacuum pan process.3. It is not in dispute that the State Government, in past, used to announce State advised cane price to be paid to the sugar producers. According to the petitioners in order to avoid any conflict with the State Government, it used to pay the State advised cane price to the sugar...
Tag this Judgment!Shashi Bhushan Kumar, S/O Shri Jagdish Rai Vs. the State of Bihar and ...
Court: Patna
Decided on: Dec-22-2008
Ramesh Kumar Datta, J.1. The petitioner has come to this Court for quashing of the notice dated 11.12.2008 (Annexure-3) issued by Respondent No. 6, the Executive Officer of Tetaria Panchayat Samiti by which he has fixed the date of the special meeting on 22.12.2008 for considering the no-confidence motion against the petitioner and for further consequential reliefs.2. In an earlier round of litigation the petitioner had moved before this Court by filing CWJC No. 14798 of 2008 in which after hearing the parties this Court had quashed the requisition dated 4.9.2008, notice dated 18.9.2008 and the resolution of no confidence motion successfully moved against the petitioner dated 25.9.2008 giving a liberty to the respondents to proceed afresh in the matter. Accordingly, a requisition was presented before the Pramukh of the Panchayat Samiti with a copy of the same to the Executive Officer of the Panchayat Samiti. The matter was admittedly put up before the petitioner-Pramukh on 1.12.2008 a...
Tag this Judgment!Orsil Paswan Son of Late Shanichar Paswan Vs. the State of Bihar Throu ...
Court: Patna
Decided on: Dec-17-2008
Ramesh Kumar Datta, J.1. Heard learned Counsel for the petitioner, learned Counsel for the appearing respondents, learned Counsel for the State Election Commission and learned Counsel for the State.2. The petitioner has filed the present writ application with a prayer for quashing the entire proceeding dated 21.7.2008 (Annexure- 3) of the no-confidence motion brought against him including the resolution of no-confidence passed therein and for other consequential orders.3. The stand of the petitioner is that an undated requisition, which according to the petitioner was addressed only to the Block Development Officer-cum- Executive Officer, Bhagwanpur Panchayat Samiti, Begusarai, was made in which subsequently by forgery and manipulation the name of the Pramukh was inserted above that of the Block Development Officer and further manipulation regarding fixing the date of the meeting on 21.7.2008 was also made. It is further alleged that the said requisition was placed before the Executiv...
Tag this Judgment!Nawal Kishore Singh Son of Late Kailash Singh and ors. Vs. the State o ...
Court: Patna
Decided on: Dec-16-2008
Sheema Ali Khan, J.1. The petitioners have challenged the letter No. 605 issued on 21.3.1996 whereby the respondent No. 4 has refused to appoint the petitioners as drivers against duly sanctioned posts.2. The petitioners had moved this Court vide C.W.J.C. No. 4763 of 1995 which was disposed of on 20.11.1995.3. The facts are that an advertisement was published by the respondents inviting applications from the eligible candidates for the post of drivers. The petitioners duly faced the selection process and were also included in the panel of selected candidates. However, although 14 persons were appointed, the petitioners were not appointed and thus they filed the aforesaid writ application. This Court while disposing of the writ application has observed that 'merely because the petitioners have been empanelled they have not acquired any right of appointment. But the petitioners have certainly acquired the legitimate expectation to the effect that in case of appointment such panel must b...
Tag this Judgment!Dr. Binod Prasad Singh Son of Shri Kalika Prasad Singh Vs. the State o ...
Court: Patna
Decided on: Dec-12-2008
Ramesh Kumar Datta, J.Heard learned Counsel for the parties.1. The petitioner seeks a direction upon the respondent-authorities of the B.R. Ambedkar Bihar University to declare the result of election for teacher members of Syndicate held on 25.9.2003. Subsequently, by way of amendment which was allowed, the petitioner has also prayed to quash the letters dated 10.7.2007 and 27.9.2007 by which the Chancellor of Universities has directed for holding fresh elections of the members of the Syndicate under Section 22(1)(h) of the Bihar State Universities Act, 1976 and the further memo dated 21.10.2008 issued by the Registrar-cum-Returning Officer of the University by which he has issued election communiqu for holding fresh election of the Syndicate from the Professors/Readers category of teachers under the said Section.2. The short facts of this case are that a communiqu dated 5.9.2003 was issued by the Registrar of the University notifying the programme for election to the Syndicate by the...
Tag this Judgment!Girish Chandra Mandal Son of Late Mitlal Mandal Vs. Md. Amantullah Sal ...
Court: Patna
Decided on: Dec-12-2008
Ramesh Kumar Datta, J.Heard learned Counsel for the petitioner.1. The petitioner seeks issuance of a writ of certiorari for quashing the orders dated 22.11.2007 (Annexure-1) passed by the 1st. Additional District Judge, Darbhanga in Miscellaneous Appeal No. 17/2000 and also the order dated 6.5.2000 (Annexure-2) passed by 4th Subordinate Judge, Darbhanga in Title Suit No. 125/1999 by which the prayer for injunction of the petitioner as also for direction for staying the issuance of delivery of possession in Title Execution case No. 6/93 pending in the Court of 1st. Munsif, Darbhanga has been rejected.2. The short facts leading up to the present matter are that the petitioner claims to have purchased 11 1/2 Dhurs of land of Plot No. 26982 for a sum of Rs. 25,000/- by a registered sale deed dated 26.11.1987 from one Amiriti Devi and her daughter and the petitioner was put in possession over the same. Thereafter mutation was also made, Municipal Revisional Parcha was issued and he has bee...
Tag this Judgment!The State of Bihar Vs. Anand Mohan,
Court: Patna
Decided on: Dec-10-2008
Shiva Kirti Singh, J.1. The Death Reference under consideration and the connected seven Criminal Appeals arise out of Muzaffarpur Sadar P.S. Case No. 216 of 1994 dated 5.12.1994 corresponding to G.R. Case No. 2660/94 which led to joint trial of 36 accused persons for the offence under Sections 147, 302/149, 307/149, 427, 302/109 and 302/114 of the Indian Penal Code (hereinafter referred to as IPC). By the judgment and order dated 1st October, 2007 passed in Sessions Trial No. 115/1996 by learned Additional Sessions Judge-1, Patna, seven appellants have been convicted for various offences leading to infliction of death penalty to three accused namely, Anand Mohan, Professor Arun Kumar Singh and Akhlak Ahmad for the offences under Section 302/149 and 302/109. They have also been awarded R.I. for five years under Section 307/149, R.I. for one year under Section 427/149 and R.I. for 1 year under Section 147 of the IPC. Accused, Lovely Anand, a lady has been similarly convicted but for the...
Tag this Judgment!The Matter of Letter of Sanat Kumar Sinha (Chief Co-ordinator), Bal Sa ...
Court: Patna
Decided on: Dec-10-2008
1. This writ petition has been registered on the basis of a letter dated 7th June, 2008 by the Non-Governmental Organization called 'BAL SAKHA'. In that letter, 'BAL SAKHA', principally raised the grievance that a child of Jamui under Chandramandi Police Station, District - Jamui during his transit from the Police Station to the Civil Court for his appearance before the Chief Judicial Magistrate, was handcuffed by the policemen in uniform. This grievance is founded on a report that appeared in 'Dainik Jagran', a Hindi daily Newspaper dated 4th June, 2008. It is stated that the newspaper ignored Section-21 of Juvenile Justice (Care and Protection of Children) Act, 2000 (for short, 'JJ Act') by disclosing the identity of the child.2. 'BAL SAKHA' also informed in the letter that there has been frequent violation of Human Rights of the juveniles and the authorities in the State have not been following the JJ Act and the decisions of the Supreme Court.3. A notice has been issued to the Sta...
Tag this Judgment!The State of Bihar Vs. Nand Kishore Yadav
Court: Patna
Decided on: Dec-04-2008
Mridula Mishra, J.1. Death Reference No. 13 of 2007 has been made to the High Court for confirmation of the judgment and order, dated 03.10.2007, passed by the Additional District & Sessions Judge, Fast Track Court, IV, Samastipur, in Sessions Trial No. 46 of 1996. Trial Court as by the impugned judgment and order has convicted Nand Kishore Yadav for offence under Sections 302, 201 and 120B of the Indian Penal Code and sentenced him to be hanged till death for committing the offence under Section 302 of the Indian Penal Code. No separate sentence has been passed for conviction under Sections 201 and 120B of the Indian Penal Code. Nand Kishore Yadav has preferred Cr. Appeal No. 1402 of 2007 for setting aside the judgment and order of sentence, passed by the Trial Court.2. The prosecution case unfolded in fardbeyan of informant, Ganga Prasad Yadav (P.W. 8), before the Offier-in-Charge of Bibhutipur Police Station on 04.02.1995 at 09.30 a.m. is that on 03.02.1995 at 10.30 a.m. The inform...
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