Patna Court May 2008 Judgments
Bhubaneshwar Sharma Vs. the State of Bihar and ors.
Court: Patna
Decided on: May-23-2008
Sudhir Kumar Katriar, J.1. A superannuated employee of the Government of Bihar has preferred this writ petition for a direction to quash the order bearing Memo No. 384, dated 24.1.1998 (Annexure-8), passed in terms of Rule 43(b) of the Bihar Pension Rules 1950 (hereinafter referred to as the Rules), whereby his pension and gratuity to the extent of 100 per cent has been withheld for ever. The petitioner also seeks to set aside the order bearing Memo No. 396, dated 27.1.1998 (Annexure-9), issued by the State Government, whereby the pre-existing proceeding has been directed to be converted into one under Rule 43(b) of the Rules, and also for the consequential relief of payment of pensionary benefits admissible to the petitioner. 2. A brief narration of facts essential for the disposal of this writ petition may be indicated. The petitioner had joined the services of the Bihar Government as Assistant Engineer way back in 1965. He was posted in the Minor Irrigation Department at Biharshari...
Tag this Judgment!Manoj Kumar Singh and anr. Vs. State of Bihar and ors.
Court: Patna
Decided on: May-22-2008
Sheema Ali Khan, J.1. The Land Acquisition Officer has issued a declaration under Section 6 of the Bihar Land Acquisition Act on 14-11-2006 for acquisition of land appertaining to Khata No. 2, Plot No. 41, measuring 6.15 decimals. This declaration has been challenged by the petitioners. The said land is being acquired for the purpose of construction of a military base camp for the safety and surveillance of the Indo Nepal Border.2. In this writ petition, the petitioners have made a prayer that the land of the petitioners described above should be excluded from the emergency provisions of the Land Acquisition Act and that the petitioners should get an opportunity to file objection whereby the petitioners can save their brick kiln business as according to them there are alternative lands situated adjacent to the chunk of land sought to be acquired which measures 26.14 acres.3. The facts are that the notification under Section 4 of the Act was issued and received by the petitioners on 5-...
Tag this Judgment!Smt. Radhika Devi Vs. the Union of India (Uoi) and ors.
Court: Patna
Decided on: May-21-2008
Shiva Kirti Singh and Jayanandan Singh, JJ.1. Heard learned Counsel for the appellant and learned Counsel for the Union of India Mr. S.N. Pathak.2. The appellant had claimed arrears of freedom fighter pension for the period between 4.3.1978 to 9.11.1997 through writ petition bearing C.W.J.C. No. 10718 of 1998 which has been dismissed by., order under appeal dated 30.3.2000 but the Writ Court has given an observation that if the petitioner is able to produce relevant materials to the satisfaction of the Central Government that the doubt as to whether her husband was compelled to remain underground for six months or more is dispelled, then the respondents will consider the case of the pensioner Dargahi Lal Keshari, the deceased husband of the petitioner, and then a fresh order may be passed by the respondents in respect of the petitioner's claim in accordance with law.3. From the materials available on record, it is not in dispute that petitioner's husband was granted freedom fighters p...
Tag this Judgment!Bihar Agriculture Graduate Service Association and ors. Vs. State of B ...
Court: Patna
Decided on: May-21-2008
Shiva Kirti Singh, J.1. Letters Patent Appeal No. 166 of 1997 and Letters Patent Appeal No. 119 of 1997 arise out of a common judgment and order dated 10.1.1997 passed in CWJC No. 12050 and 12420 of 1993 respectively whereby the writ petitions have been dismissed by the learned Single Judge. These two matters have been heard in detail and the other 16 analogous matters are admittedly dependent upon the outcome of these two Letters Patent Appeals inasmuch as in those cases the individual writ petitioners have sought either the same relief or further consequential reliefs in respect of subsequent pay revisions granted to members of the Bihar Agriculture Service Class II. Hence, all the matters have been heard together and are being finally decided by this common judgment.2. Before reverting to essential facts which have already been noticed by the Writ Court, it may be useful to indicate at the outset that the controversy between the parties arose on account of alleged non- implementati...
Tag this Judgment!Meraj Alam and ors. Vs. State of Bihar
Court: Patna
Decided on: May-21-2008
Subhash Chandra Jha, J.1. Both the appeals arise out of the same Police Station case number and same Sessions Trial number. Hence, they are being heard and disposed of by this common order.2. Appellant Miraz Alam alias Tuddu has filed Cr. Appeal No. 194/2006 for setting aside the order of conviction and thereby imposition of sentence in Sessions Trial No. 44/2003 arising out of Sathi P.S. Case No. 22/2002, G.R. No. 793/2002 dated 16-2-2006 passed by Sri Dilip Kumar Sinha, Additional Sessions Judge-FTC-IV, Bettiah, West Champaran.3. Appellant Meeraj Alam alias Tuddu has been held guilty, convicted and awarded sentence to undergo RI for ten years for offence under Section 376, IPC and also imposed fine of Rs. 5000/- in default of payment of which to undergo R.I. for six months.4. In the same judgment, the learned Additional Sessions Judge has also held guilty other accused persons, Gausul Azam and Sk. Amanullah for commission of offence under Section 201/34, IPC and they have been sente...
Tag this Judgment!Neelam Kumari @ Neelam Devi Vs. the State of Bihar and ors.
Court: Patna
Decided on: May-21-2008
Navin Sinha, J.1. Heard learned Counsel for the petitioner, learned Counsel for the official Respondents and learned Counsel appearing for private Respondents 6 & 7.Elections were held to the Zila Parishad, Supaul in the Municipal Constituency No. 22 comprising of seven Panchayats on 2.6.2006. The petitioner was declared to be the wining candidate and statutory declaration was made. Respondent No. 6, who had also contested the election with the petitioner, then filed Election Petition No. 2 of 2006 in the court of Sub-Judge I, Supaul questioning the winning declaration of the petitioner.2. Learned Counsel for the petitioner submitted that the relief sought in the election petition, at Annexure-5 to the writ petition, was for a declaration that the plaintiff/Respondent No. 6 was duly elected by receiving majority of valid votes and for a declaration that the election of the returned candidate/petitioner was void. In terms of the relief sought, it was necessary for the plaintiff-Respond...
Tag this Judgment!Bindeshwari Chaudhary Vs. State of Bihar and ors.
Court: Patna
Decided on: May-20-2008
Shiva Kirti Singh and J.N. Singh, JJ.1. Heard learned Counsel for the appellant and learned Counsel for the State.From the records of this L.P.A. it appears that after dismissal of the writ petition filed by the appellant by order under appeal dated December 4, 1998, the appellant preferred the Civil Review bearing No. 12/1999 which was dismissed by a short order dated July 19, 1999 (Annexure-22). Initially the appellant preferred L.P.A. No. 975/1999 against the aforesaid order dated July 19, 1999. That L.P.A. was dismissed by a short order dated February 9, 2000 (Annexure-23) on the ground that appellant had not preferred any appeal and had not challenged the judgment and order dated December 4, 1998 whereby the writ Court had dismissed the writ petition. However, the Division Bench observed that the order dated February 9, 2000 dismissing L.P.A. No. 975/1999 will not prevent the appellant from preferring an appeal against the judgment and order of which the review was declined. Ther...
Tag this Judgment!Birendra Mauar and ors. Vs. State of Bihar
Court: Patna
Decided on: May-16-2008
Shyam Kishore Sharma, J.1. All the above noted appeals and revision application have arisen out of the same judgment of conviction and order of sentence dated 25.2.2002 and 27.2.2007 passed by the Sessions Judge, Aurangabad in Sessions Trial No. 32 of 1987 by which the appellants were found guilty for the offences punishable under Sections 304(2) read with Section 149 of the Indian Penal Code and sentenced to undergo R.I. for ten years and further the appellants Birendra Mauar, Mohan Mauar, Baban Mauar and Congress Dusadh were sentenced to undergo R.I. for one year for the offence punishable under Section 323 of the Indian Penal Code and it has been ordered that both the sentences shall run concurrently, have been heard together and are being disposed of by this common judgment.2. By filing criminal revision application, the informant has assailed the judgment and prayed that the opposite party Nos. 2 to 8 of Cr. Rev. No. 207 of 2002 should have been convicted under Section 302 of the...
Tag this Judgment!Soni Kumari and ors. Vs. the State of Bihar and ors.
Court: Patna
Decided on: May-16-2008
Navaniti Prasad Singh, J.1. In all these writ applications, a common question arises as to whether Intermediate Vocational Course as conducted by the Bihar Intermediate Education Council or its equivalent is equivalent to I Sc/I A/1 Com. The petitioners were either excluded from selection on the ground of non-equivalence or not finally selected on that ground or having been selected were dismissed on that ground.2. Parties have been heard and with their consent, all these writ applications are being disposed of at the stage of admission itself as in view of this Court, the controversy does not survive.3. A post of Panchayat Shikchak/Prakhand Shikchak was created by the State under the Bihar Panchayat Primary Teachers (Appointment and Service Conditions) Rules, 2006 with effect from 01.07.2006. These teachers were known as Panchayat Shikchak/Prakhand Shikchak and are Primary Teachers who are to teach students of Classes-I to V only. Rule 8 of the Rules above mentioned provide that the ...
Tag this Judgment!Aazam Ali and anr. Vs. State of Bihar and anr.
Court: Patna
Decided on: May-16-2008
Abhijit Sinha, J.1. The two petitioners who are not named in the original F.I.R. of Minapur P.S. Case No. 103 of 1984 but whose name figures in the chargesheet are aggrieved by order dated 7.4.2006 passed therein by the learned Chief Judicial Magistrate, Muzaffarpur, whereby he has taken cognizance of offences under Sections 406, 409, 420 and 471 I.P.C. and have prayed for the quashing of the same.2. Briefly stated, the prosecution case is that the Block Development Officer, Minapur had given a written report to the Officer Incharge of Minapur P.S. to institute a case against Lalan Prasad Singh and Manzar Alam, two Assistants, incharge of Files and Registers in the Office, who had misplaced the files and registers of the years 1980 to 1983 and they had proceeded for long unauthorized leave. It was also alleged that in the F.I.R. that the accused persons had defalcated the amount of seeds.3. The submission on behalf of the petitioners is that they are innocent, have committed no offenc...
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