Patna Court February 2008 Judgments
Subhash Chandra Singh Vs. the State of Bihar and ors.
Court: Patna
Decided on: Feb-05-2008
Navin Sinha, J.1. Heard learned Counsel for the petitioner, learned Counsel for the State and learned Counsel appearing on behalf of Bihar Public Service Commission.2. The petitioner challenges the order dated 22.1.2007 at Annexure-1 issued by the Labour, Employment and Training Department, Government of Bihar. It rejects the claim of the petitioner for appointment on the post of Principal, I.T.I. in pursuance of the Government decision not to grant the benefit of reservation to those in the reserved category from other States in pursuance of a Government decision dated 11.6.1996 vide letter No. 70.3. Learned Counsel for the petitioner submits that the petitioner came to this Court earlier in CWJC No. 5469 of 1999 which directed his case to be considered by appropriately taking into consideration his qualification of diploma in view of the provisions of the training manual when the advertisement stipulated as a qualification of a degree only. At this stage, no objection of the present...
Tag this Judgment!Chandrashekhar Yadav Vs. State of Bihar
Court: Patna
Decided on: Feb-05-2008
Abhijit Sinha, J.1. The petitioner, a dealer under the public Distribution System, has filed this application for quashing the prosecution arising out of Hasanpur P.S. Case No. 99 of 2007 under Section 7 of the Essential Commodities Act (hereinafter referred to as 'the E.C. Act.').2. The prosecution case was set in motion by the Block Supply Officer who submitted a written information to the Officer Incharge of Hasanpur P.S. inter alia alleging that on 15.7.2007 at about 7 P.M. he received information on his mobile that at the Gaddi of Rambinay Yadav who is also a dealer under the Public Distribution System was selling one bag of wheat belonging to the State Food Corporation and the villagers had caught the dealer. The informant 'further learnt in the morning of 16.7.2007 at Bhairba Chowk that Jaikant Yadav reported in writing that one bag of wheat at Modo Chak was lying and a crowd had gathered. However, Umesh Yadav, the member of the Panchayat Samiti and others told the informant t...
Tag this Judgment!Shankar Prasad Sah Vs. the Presiding Officer, Central Govt. Industrial ...
Court: Patna
Decided on: Feb-05-2008
Sudhir Kumar Katriar and Kishore K. Mandal, JJ.1. The petitioner of CWJC No. 6440 of 1998 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 23.9.99, whereby the writ petition was dismissed on the ground that the provisions of Section 25F of the Industrial Disputes Act, 1947 (hereinafter referred to as 'the Act') are not attracted to the facts and circumstances of the present case, the petitioner had abandoned the job, and he is raising a stale claim. We shall go by the description of the parties occurring in the writ proceeding.2. The writ petitioner (appellant herein) was engaged by the respondent Bank during the period 23.7.77 to 15.10.84. He thereafter did not continue and had, after lapse of some time, approached the Bank to permit him to resume his employment which was orally declined. He raised an industrial dispute which was referred to the Central Government Industrial Tribunal No. 1 at Dhanbad, ...
Tag this Judgment!Krishna Manjhi Vs. State of Bihar and anr.
Court: Patna
Decided on: Feb-05-2008
Abhijit Sinha, J.1. The husband of the complainant of Misc. Case No. 280 of 2000 (346 of 2006) is aggrieved by and has prayed for quashing of the order dated 15.1.2007, passed by the learned Principal Judge, Family Court, Gopalganj, by which maintenance to the tune of Rs. 2000/- per month has been allowed to the O.P. No. 2, the complainant-wife alongwith arrears of maintenance to the tune of Rs. 1,44,000/- from the date of filing of the present Misc. Case, i.e., 18.12.2000 without considering the economic status of the petitioner.2. The complainant, Lalti Devi, impleaded herein as O.P. No. 2, had filed the aforesaid petition before the learned Chief Judicial Magistrate, Gopalganj, under Section 125 Cr.P.C. claiming payment of maintenance to her and her minor child. It was said that O.P. No. 2 was married with the petitioner on 3rd May, 1993 and out of the wedlock a male child was born and thereafter due to alleged non fulfillment of the demand of a motorcycle and golden chain made by ...
Tag this Judgment!DasaIn Dusadh and ors. Vs. State of Bihar
Court: Patna
Decided on: Feb-04-2008
Shyam Kishore Sharma, J.1. Above named appellants, namely, Dasain Dusadh, Sudarshan Yadav (Singh), Daroga Yadav all of village Gangadhar Dehri, Katai Bojh, P. S. Tiar, District Bhojpur and the appellant Mahendra Yadav of village Katai Bojh, P.S. Tiar, Dist. Bhojpur have filed this appeal against the judgment of conviction and order of sentence dated 30-9-1992 passed by the 3rd Additional Sessions Judge, Bhojpr at Ara in Sessions Trial No. 37 of 1987 (Tiar P.S. Case No. 1 of 1985 dated 24-1-1985) whereby all the appellants were found guilty for committing offence under Section 395 of the Indian Penal Code and were sentenced to undergo R.I. for ten years each besides to pay fine of Rs. 2,500/- each and in default of payment within 90 days of the judgment to undergo further R.I. for six months.2. Exhibit 4 is the basis of the prosecution case which is the statement given by the PW 5 Mahesh Pathak on 24-1-1985 at place of occurrence in village Katai Bojh before the S.I. alleging therein t...
Tag this Judgment!Chirag Keshaw Service Station Vs. the Bharat Petroleum Corpn. Ltd.
Court: Patna
Decided on: Feb-04-2008
Navaniti Pd. Singh, J.1. The petitioner was a retail dealer of Bhart Petroleum Corporation for the petroleum product manufactured and supplied by the said oil company. The dealership has been cancelled, which action has been challenged before this Court.2. Mr. Sanjay Singh, learned Counsel appears on behalf of the Corporation and a counter affidavit has been filed.3. Heard learned Counsel for the parties and with their consent this application is being disposed of at the stage of admission itself.4. The sole ground on which action has been taken purporting to be in public interest is the allegation of adulteration pursuant to test carried out by the Corporation in relation to the sample of petroleum product (motor spirit-petrol) from the petitioner's retail outlet.5. In order to lay down the procedure and standard, inter alia, with regard to testing for adulteration, Marketing Discipline Guidelines have been issued by the Ministry of Petroleum, Govt. of India in consultation with four...
Tag this Judgment!Meera Devi and Rajendra Prasad Shah Vs. the Bihar State Election Commi ...
Court: Patna
Decided on: Feb-04-2008
Navaniti Pd. Singh, J.1. In both these writ petitions the petitioners challenged the decision of the State Election Commission, dated 31st October, 2006 (Annexure 8) whereby the Commission held that ballot papers, which were stamped by wooden portion of the stamping instrument supplied by the Commission after the rubber cross mark got broken or defaced would be treated as invalid votes.2. State Election Commission and the State have appeared. Counter affidavits have been filed and with consent of the learned Counsels the matter is heard at this stage for final disposal.Learned Advocate General appears for the State Election Commission and the State officials concerned with the election works and defends the decision of the State Election Commission.3. In my view, the facts are not in dispute. I am noting the facts only in so far as CWJC No. 15120 of 2006 is concerned as relevant facts of both the writ petitions are similar.4. Pursuant to notification issued for Gram Panchayat Election...
Tag this Judgment!Pvc Pipe Manufacturers Welfare Association of Bihar and ors. Vs. the S ...
Court: Patna
Decided on: Feb-04-2008
Navaniti Prasad Singh, J.1. The UPVC Pipe Manufacturers of this State as well as their Welfare Association are the petitioners. The State and its Public Health Engineering Department (PHED) and others are the respondents. The dispute relates to the right and the fight for survival of the small scale UPVC Pipe Manufacturers situated within the State. The ostensible challenge is based on the right of the said industrial unit to get a preference in procurement of their pipes by the State Government to sustain the local industries as per Governmental decisions made in their favour, inter alia, in April/July, 2007 and actions taken pursuant thereto which were apparently given a virtual go-bye by the Department concerned (PHED) within three months resulting in abrupt overturning of the purchase policy and cancellation of tenders which would have inured to the benefit of the petitioners, without disclosure of proper and justifiable reasons, making the decision and the actions thereunder of t...
Tag this Judgment!Suresh Prasad Vs. the State of Bihar and ors.
Court: Patna
Decided on: Feb-04-2008
Navin Sinha, J.1. Heard learned Counsel for the petitioner and learned Counsel for the State.2. Departmental proceedings were initiated against the petitioner on 2.6.1997, when three charges were framed against him. The petitioner submitted his show cause. The enquiry report came to be submitted on 18.3.1998. The Inquiry Officer exonerated him with regard to charges 1 & 2. On charge 3 it was held that he was partially guilty of not being careful in issuance of cheques. The department not being satisfied with the enquiry report decided to hold a fresh departmental proceeding by order dated 30.9.2002. On 21.10.2002 the petitioner submitted his reply denying the charges. On 19.8.2003 the Inquiry Officer returned the records for the reason that the Presenting Officer was continuously absent without any intimation, and, therefore, it was not possible for him to proceed with the enquiry. On 22.5.2006 the department again decided to hold re-enquiry against the petitioner under Rule 55 of the...
Tag this Judgment!Kandra Glass House and Baba Glass and Crockeries House Vs. Commissione ...
Court: Patna
Decided on: Feb-01-2008
1. In both the references the Patna Bench of the Tribunal at the instance of the Revenue (sic-assessee) after drawing a common statement of the case had referred the following questions for our opinion:1. Whether on the facts and in the circumstances of the case the Tribunal was correct in confirming the addition under Section 43B amounting to Rs. 19,913 made by the AO ?2. Whether on the facts and in the circumstances of the case the Tribunal has correctly applied the provisions of Section 43B and its Expln. 2 inserted by the Finance Act, 1989, with retrospective effect from 1st April, 1984?2. Short facts giving rise to these references are that the two assessees realised a sum of Rs. 19,913 and Rs. 31,631 respectively in May and June i.e., in the last quarter of the accounting year. It did not pay the amount of sales-tax so realised in that accounting year. Both the assessees claim deduction of the amount of sales-tax collected during the last quarter of the accounting year. As the t...
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