Patna Court April 2008 Judgments
Keshaw Singh @ Keshaw Prasad Singh and ors. Vs. State of Bihar and anr ...
Court: Patna
Decided on: Apr-23-2008
Chandramauli Kr. Prasad, Acting C.J. and Singh, J.1. This application has been filed for quashing order dated 30th August, 2005 passed by the Additional Sessions Judge-cum-Fast Track Court No. II, Kaimur at Bhabua in Criminal Revision No. 102 of 2004, whereby it has set aside order dated 22.4.2004 passed by the Judicial Magistrate, Ist Class, Bhabua in Complaint Case No. 271-C of 2001 dismissing the complaint.2. Short facts giving rise to the present application are that on the basis of the statement given by opposite party No. 2 Radha Raman Singh, Bhagwanpur (Karamchat) P.S. Case No. 88/98 was registered under Sections 147, 148, 149 and 302 of the Indian Penal Code as well as Section 27 of the Arms Act. After usual investigation, final report was submitted by the police, which was accepted by the learned Magistrate.3. The informant, however, filed a protest petition, which was treated as a complaint petition, in which the complainant was examined on solemn affirmation and enquiry was...
Tag this Judgment!Vikash Construction and Etc. Vs. State of Bihar and ors.
Court: Patna
Decided on: Apr-22-2008
Navaniti Prasad Singh, J.1. In both these writ applications the order passed by the Engineer-in-Chief, Road Construction Department, blacklisting the two petitioners of the writ applications under the provision of the Bihar Contractor Registration Rules, 2007 is in question. The facts are not in dispute.2. Counter affidavits in both cases and rejoinders have been filed.3. With the consent of the parties, the Writ applications have been heard and are being disposed of at the stage of admission itself.4. Petitioners, in both the writ applications are Class 1A contractor, whose registering authority under the said rules is the Engineer-in-Chief. Both had undertaken some works with the Road Construction Department. The Secretary-cum-Commissioner, Road Construction Department, issued separate notices to both the petitioners to show cause against proposed blacklisting in terms of the rules aforesaid. Both the petitioners filed their show causes before the said Secretary-cum-Commissioner. Th...
Tag this Judgment!Purushottam Jha Vs. the State of Bihar and ors.
Court: Patna
Decided on: Apr-22-2008
Shiva Kirti Singh and Rekha Kumari, JJ.1. Heard learned Counsel for the appellant, learned Counsel for the State, learned Counsel for the High Court and learned Counsel appearing for the Accountant General, Bihar.2. The appellant- writ petitioner is a retired Judicial Officer. He filed writ petition bearing CWJC No. 5732 of 2000 to seek directions for finalization/payment of pension, gratuity and unutilized leave salary in accordance with law. The main issue which arose for decision by the Writ Court was whether the appellant- writ petitioner will be treated to have superannuated from service on 31.12.1993 in accordance with his offer seeking voluntary retirement from that date or from 31.7.1995 when he attained the age of 60 years, the age of superannuation in accordance with directions relating to Judicial Officers given by the Supreme Court in its judgment in the case of All India Judges' Association v. Union of India : (1993)IILLJ776SC . The Writ Court gave no relief to the appell...
Tag this Judgment!Janki Das Vs. State and anr.
Court: Patna
Decided on: Apr-18-2008
Samarendra Pratap Singh, J.1. Heard the parties.2. In the instant writ petition, the petitioner has prayed for conviction/amalgamation of two cases, namely, Raxaul PS case No. 14 of 1989 (in short as the Bihar case) and Vivek Vihar PS case No. 20 of 1989 (in short as the Delhi case) in which he has been convicted on 2.7.1993 and 18.12.1993 respectively. He has further prayed to treat his custody in Bihar case with effect from 4.10.1989 on which date production warrant was issued to him for being produced in the said case. Petitioner has also prayed for other consequential relief for his release from jail custody.3. The facts of the case have not been mentioned in detail in the petition and as such same gathered from the writ petition with aid of affidavits of the respondents appear as follows:(a) For heinous murder of his family members, namely, four children and his wife and their unethical burial, two cases were instituted against the petitioner, one being Delhi case and other being...
Tag this Judgment!Ram Krit Singh Vs. State Through C.B.i.
Court: Patna
Decided on: Apr-17-2008
Kishore K. Mandal, J.1. Though the appeal is of the year, 1995 but when it was taken up for final hearing nobody appeared on behalf of the appellant in spite of repeated calls. Seeing the age of the appeal this Court was left with no option but to take up its hearing by appointing one Mr. Arun Kumar Tripathi, Advocate, as amicus curiae, who, after being appointed as amicus curiae, assisted the court on behalf of the appellant. Mr. Bipin Kumar Sinha assisted the court on behalf of the Central Bureau of Investigation (C.B.I).2. For an accusation that the appellant being a public servant committed criminal misconduct and criminal breach of trust in respect of 144 packets of imported sugar which was entrusted to him in the capacity of a public servant and that he misappropriated and converted to his own use, the said quantity of sugar or sale proceeds thereof worth Rs. 37440/-; obtained pecuniary advantage by illegal and corrupt means and by abusing his position as public servant by falsi...
Tag this Judgment!Bihar State Cooperative Marketing Union Ltd. Vs. the State of Bihar an ...
Court: Patna
Decided on: Apr-17-2008
Shiva Kirti Singh and Rekha Kumari, JJ.1. Heard the parties.2. By the order under appeal dated 10.8.2000 the Hon'ble Single Judge allowed the writ petition filed by respondent No. 4 and directed the appellant to pay the entire salary dues uptodate of the writ petitioner within two weeks of the receipt/production of a copy of that order, failing which the Administrator of BISCOMAUN was directed not to draw his salary and other allowances till the order of the writ court was fully complied with.3. While admitting this writ application on 4.4.2001 an interim order was passed to stay the operative part of the order under appeal but prior to that on different dates directions had been issued and pursuant to the same the writ petitioner was paid a sum of rupees one lac twentyfive thousand towards the dues of the salary. During the pendency of this appeal, a further amount of Rs. 15,500/- has admittedly been paid to the writ petitioner.4. According to the learned Counsel for the appellant, t...
Tag this Judgment!The State of Bihar and ors. Vs. Udai Shankar Prasad and anr.
Court: Patna
Decided on: Apr-16-2008
Shiva Kirti Singh and Rekha Kumari, JJ.1. Heard the parties. This letters patent appeal has been preferred by the State of Bihar against the judgment and order dated 5th January, 2000 whereby the wit court has allowed the claim of the writ petitioner (respondent No. 1 to this appeal) and has quashed order dated 2nd November, 1996 whereby the Government had reduced the pension of the petitioner to zero per cent on the basis of findings of mis-conduct in a disciplinary proceeding initiated much before the retirement of the petitioner on 31-5-1994, on the ground that power under Rule 139(a) and (b) of the Bihar Pension Rules (hereinafter referred to as 'the Rules') could not be invoked by the government to reduce the pension on the basis of findings in a departmental proceeding which remained pending till the date of retirement of the petitioner.2. Learned Counsel for the appellant/State has submitted that the relevant rule which shall govern this case ie. Rule 43(b) of the Rules permits...
Tag this Judgment!Bengali Singh Vs. Commissioner of Income-tax
Court: Patna
Decided on: Apr-16-2008
1. Both these cases have arisen out of the same judgment of the Income-tax Appellate Tribunal and, hence they have been heard together and disposed of by this common judgment.2. 'Sumitra Sadan', a large building, situated in the city of Patna has a large rental income. The said rental income is shared by eight persons. Each of them, used to submit his income-tax returns showing himself as part owner of the said building and in relation to his share in such rental income. One of those eight owners, Sumitra Devi, filed such returns which were accepted without scrutiny for the assessment years 1991-92 to 1996-97. The return of Sumitra Devi for the assessment year 1997-98 was scrutinized, when it was accepted that the part rental income of the said building is of Sumitra Devi. Subsequent thereto, for the assessment year 1998-99, the return of Sumitra Devi on being scrutinized, it was opined that she is not a part owner of the building in question and that the true owner of the building in...
Tag this Judgment!The State of Bihar and ors. Vs. Balmiki Rajak and ors.
Court: Patna
Decided on: Apr-16-2008
Shiva Kirti Singh and Rekha Kumari, JJ.1. Heard the parties.2. This Letters Patent Appeal has been preferred by the State of Bihar and its Officials against the judgment and order dated 27.1.2000 passed by the writ Court in C.W.J.C. No. 8796 of 1998 whereby the claim of the 16 writ petitioners, who are respondents in this appeal, for regularization of their services, was allowed in part by ordering the concerned Chief Engineer to find out the vacancies in Class IV posts from all the Divisions/Circles under his jurisdiction and to consider the cases of the petitioners and other similarly situated persons appointed on daily wages prior to 1.8.1985 for their regular appointment against Class IV posts, on the basis of seniority and by giving them weightage over outsiders. A direction was also issued to relax the age required in case any of the petitioners had become over age. The process of selection and appointment was directed to be completed within a period of six months. The writ cour...
Tag this Judgment!Sitakund Nao Yatayat Swalambi Sahkari Samitee Ltd. and anr. and Lallu ...
Court: Patna
Decided on: Apr-16-2008
Ramesh Kumar Datta, J.1. In both the writ petitions, the petitioners pray for quashing the order dated 29.2.2008 passed by Respondent No. 3. Deputy Development Commissioner-cum-Chief (Executive Officer, Zila Parishad, Munger, by which the settlement of six ferries was made in favour of Respondent No, 5 accepting the offer made by him after cancelling the date of bid and, accordingly, both the matters have been heard together and are being disposed of by this common order.2. The short facts of the case are that by notice published in daily newspaper Annexure-A to the counter-affidavit), the settlement of six ferries (apart from other types of settlement) was sought to be made by open auction for a reserve jama of Rs. 12,31,000/-, with respect to which 25%. i.e.. Rs. 3.07.750/- was required to be deposited as security amount and three date or settlement were fixed on 23.1.2008 6.2.2008 and 19.2.2008 respectively at about 12 noon. The admitted position is that on 23.1.2008 and 6.2.2008, ...
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