Patna Court September 2008 Judgments
Shravan Kumar Jha and ors. and Durga Nand Jha Vs. the State of Bihar a ...
Court: Patna
Decided on: Sep-08-2008
Chandramuli Kumar Prasad and Ravi Ranjan, JJ.1. Booth the appeals arise out of a common order and as such they were heard together and are being disposed of by this common judgment.Short facts giving rise to the present appeals, are that the writ petitioner-appellants, hereinafter referred to as the writ petitioners, were Class III and Class IV employees of the State Government. By order dated 27.10.1999, they were transferred from one place to another. They challenged their transfer order, Inter alia, contending that the transfer has been made beyond the cadre and as such, same is illegal.2. The learned single judge, taking into account Section 7 of the Bihar Water Resources Department Mufassil Cadre Maintenance Ordinance, 1998, held that the same is permissible and accordingly, dismissed the writ applications. Aggrieved by the same, the appellants preferred these appeals under clause 10 of the Letters Patent.3. Mr. Durga Nand Jha, learned Counsel appearing on behalf of the appellant...
Tag this Judgment!The State of Bihar and ors. Vs. Sachidanand Singh
Court: Patna
Decided on: Sep-05-2008
Chandramauli Kumar Prasad and Ravi Ranjan, JJ.1. The State of Bihar and its functionaries, aggrieved by the order dated 14th September, 1999 passed in C.W.J.C. No. 7550 of 1998 allowing the writ application, setting aside the punishment of recovery of Rs. 2.55 lacs and withholding 25% of his pension have preferred this appeal under Clause 10 of the Letters Patent.Short facts, giving rise to the present appeal, are that the writ petitioner-respondent herein, hereinafter referred to as the writ petitioner was posted as Superintending Engineer, Irrigation Circle, Jamui, during the period April, 1988 to October, 1991. He was found prima facie guilty of irregularity in the original work of spill channel and faulty work done under Upper Kiul Reservoir Scheme during 1988-89. The aforesaid conclusion was arrived at on the basis of spot verification report and the inquiry report of the Flying Squad Wing of the Department. Accordingly, vide Resolution dated 28.6.1996, a departmental proceeding ...
Tag this Judgment!Shyam Kishore Prasad and anr. Vs. Bank of Baroda and ors.
Court: Patna
Decided on: Sep-05-2008
Navaniti Prasad Singh, J.1. The petitioners are the husband and the wife. They were Directors of a Public Limited Company respondent No. 4, which has other Directors as well. The Managing Director of the said Company is Sri Parmeshwar Prasad, through whom the Company has been sued in the present proceeding.2. Company has appeared in the matter.3. The grievances of the petitioners are as against the proceedings taken under Section 13 of the Securitisation and Reconstruction of Financial Assets & Enforcement of Security Interest Act, 2002 (hereinafter referred to as 'SRFAESI ACT') by the respondent Nos. 1, 2 and 3 being Bank of Baroda and its officers.4. Many contentions were raised but I will deal with only one which is necessary for the purpose of disposal of this case.5. Bank of Baroda has appeared.6. Heard the parties and with their consent this writ application is being disposed of at the stage of admission itself.7. When the Company was incorporated, the petitioner and the said Pa...
Tag this Judgment!Aakankcha Security Service and Co. P. Ltd. Vs. Union of India (Uoi) an ...
Court: Patna
Decided on: Sep-05-2008
S.N. Hussain, J.1. Heard learned Counsel for the parties.2. This company petition has been filed on behalf of the petitioner, M/s. Aakankcha Security Service and Co. P. Ltd., for a declaration that the petitioner-company is in operation and carrying on business as on date since its incorporation on June 25, 1997 and for setting aside the Gazette Notification No. 33 dated August 18, 2007 at Serial No. 66 communicated to the petitioner vide letter No. RoC/PAT/8001/560/G/8043 dated March 10, 2008, issued under the signature of the Registrar of Companies, Bihar and Jharkhand, by which the name of the petitioner-company had been struck off.3. Learned Counsel for the petitioner submits that the allegation against the petitioner is that he did not submit the balance-sheets as well as the annual returns of the company for the years 1997-98 to 2005-06 and hence notice under Section 560(1) of the Companies Act, 1956 (hereinafter referred to as 'the Act' for the sake of brevity) was sent to the ...
Tag this Judgment!Union of India (Uoi) and ors. Vs. Sunirman Private Ltd.
Court: Patna
Decided on: Sep-05-2008
Subash Chandra Jha, J.1. Union of India through General Manager, East Central Railway, Hajipur and others have preferred this appeal for setting aside the order dated 05.07.2008 passed by the District Judge, Rohtas at Sasaram in Civil Misc. Case No. 138 of 2007 (Arbitration) by which a case was dismissed on the point of jurisdiction.2. Heard learned Counsel for the appellants and respondent.3. The fact, in short, is that award holder M/s. Sunirman Private Ltd., a firm at Kolkata entered into an agreement at Kolkata with the Eastern Railways on 21.09.1991 in respect of earth work in formation and construction of minor bridges in connection with provision of third line between Deheri-on-sone and Mughalsarai and Section II between Karandiya and Sheosagar Road (Km. 565.14 to Km. 586.20). Since the work could not be initially completed within the stipulated time, the Railway administration terminated the contract in April, 1995, but subsequently it was withdrawn.4. However, the dispute aro...
Tag this Judgment!J.M.D. Alloys Limited Vs. the Bihar State Electricity Board
Court: Patna
Decided on: Sep-04-2008
Ramesh Kumar Datta, J.1. Heard Mr. Y.V. Giri, learned Senior Counsel for the petitioner and Mr. Chitranjan Sinha, learned Senior Counsel for the Bihar State Electricity Board.The petitioner has approached this Court for quashing the revised punitive bill dated 16.6.2008 (Annexure-8) raised by the Bihar State Electricity Board, by which the petitioner has been asked to make payment of Rs. 1,74,79.090/- and for further direction to raise a fresh energy bill for the period from 3.4.2008 to 24.4.2008 in terms of Clause 9.16 of the Bihar Electricity Supply Code, 2007 and although denying the tampering or theft but in the event the said plea is not accepted then for a direction to correct the impugned punitive bill for 32 days instead of 100 days and also to declare the agreement dated 14.5.2008 entered into between the petitioner and the Electricity Board for payment of punitive bill in instalments as void under Section 23 of the Contract Act.2. The brief facts of the case are that on 16.1...
Tag this Judgment!Kishore Kunal Vs. the State of Bihar
Court: Patna
Decided on: Sep-04-2008
Samarendra Pratap Singh, J.1. The petitioner, who resigned from the services of IPS ten years prior to the age of his superannuation, has filed this revision application for quashing the composite order dated 4.10.2005 passed by Shri K.K. Singh, Judicial Magistrate Ist Class, Begusarai in Complaint Case No. 1578(c) of 2000 by which cognizance of offence under Section 500 of the Penal Code has been taken and process under Section 204 Cr.P.C. has been issued to face the trial.2. It would appear from the very complaint, that a report sent by the petitioner in his capacity as I.G. (CISF) Barauni, in January 1997 to the Home Ministry, and his alleged leaking to the press has culminated into his prosecution under Section 499 of the Penal Code.3. The prosecution case in short as made out in the complaint dated 21.12.2000 (Annexure-1) filed by Opposite party No. 2 Ram Lakhan Singh in the Court of Chief Judicial Magistrate, Begusarai giving rise to Complaint Case No. 1578C/2000 is as follows:i...
Tag this Judgment!Nagina Singh Vs. the State of Bihar and ors.
Court: Patna
Decided on: Sep-04-2008
Sheema Ali Khan, J.1. The petitioner has challenged the order dated 20.1.1993 issued vide Memo No. 24 by which the petitioner has been awarded punishment in a disciplinary proceeding.The petitioner was posted as an Assistant Inspector of Basic School(Acting),Brindawan, Chanpatia in the district of West Champaran. The then Regional Deputy Director of Education, Tirhut Division, Muzaffarpur appointed several Assistant Teachers by different letters issued on 15.10.1990. The newly appointed persons joined in different Schools where they were posted. The new appointees were asked to appear before the District Education Officer, West Champaran for verification of their certificates and the appointment letters, and after verification, the District Education Officer, West Champaran vide letter No. 3349 dated 13.3.1991 directed that the newly appointed persons except a few, should be paid their salaries. This letter issued on 13.3.1991 is annexure-1 to the writ application. In pursuance to the...
Tag this Judgment!State of Bihar Vs. Ashok Yadav and anr.
Court: Patna
Decided on: Sep-03-2008
Madhavendra Saran, J.1. The death reference and Criminal Appeals arise out of the same judgment and order dated 5th June, 2007 passed by learned Additional Sessions Judge, FTCV, Kaimur at Bhabua in Sessions Trial No. 179/05/117/05 whereby and whereunder both the appellants have been convicted under Section 364-A of the Indian Penal Code (in short as 'IPC') and capital punishment has been awarded to them.2. The prosecution case, in short, is that informant Yogendra Singh lodged fardbeyan on 23-11-2004 at 15.00 hours alleging therein that his nephew Amar Kumar Singh and one Ravi Kant Choubey were missing since last night from his chamber (the place where machine was installed for irrigation work) but their daily use articles such as slippers, sweaters and mufflers were lying at the machine itself. He thus suspected that both were kidnapped by some unknown miscreants. On the basis of fardbeyan, the police registered Kudra P.S. case No. 137/04 under Section 365, IPC against unknown person...
Tag this Judgment!State of Bihar and Etc. Vs. Neeraj Kumar and Etc.
Court: Patna
Decided on: Sep-03-2008
Shiva Kirti Singh, J.1. The Death Reference is in respect of the six accused who have been tried together and convicted for the offence under Sections 364(A), 302, 201 and 120(B) read with Section 34 of the Indian Penal Code. Accused Gorakh Singh alias Gorakh Nath Singh has been sentenced to death for the offence under Section 302 read with 120(B) of the Indian Penal Code whereas the remaining five accused have been sentenced to death for the offence under Section 364(A) of the Indian Penal Code. No separate sentence has been awarded to them for other offences. Accused, Gorakh Singh alias Gorakh Nath Singh and his son, accused Sunny alias Sunny Deol have jointly preferred Cr. Appeal No. 1216 of 2007 whereas the remaining four accused, Ravindra Kumar alias Ravindra Kumar Singh, Ravi Chor alias Ravi Rai, Neeraj Kumar and Santosh Kumar alias Loha have preferred separate Criminal Appeals bearing No. 1085, 1173, 1194, and 1275 all of 2007 respectively. The Death Reference and the Criminal ...
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