Patna Court September 2008 Judgments
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Dr. Binod Kumar Kashyap Vs. the State of Bihar and ors.
Court: Patna
Decided on: Sep-03-2008
Mihir Kumar Jha, J.1. The petitioner in this writ application has assailed the validity and correctness of an order of punishment passed in pursuance of a departmental proceeding as contained in the departmental notification, Memo No. 2116 dated 16.11.2004 whereby and whereunder he has been subjected to the following four punishment:(a) Censor.(b) Stoppage of two increments with cumulative effect.(c) Recovery of 1/3rd of the amount of theft from the cash deposit in the office of the petitioner.(d) Payment of subsistence allowance during the period of suspension.2. The facts in brief giving rise to this application is that the petitioner, a member of Bihar Health Service, was initially appointed as Civil Assistant Surgeon in the year 1990 and subsequently he was made in-charge Medical Officer on 8.7.2002 in the Primary Health Centre (PHC), Durgawati at Kaimur where he was also vested with the power of Drawing and Disbursing Officer by an order of the Regional Deputy Director of Health,...
High Court of Judicature and anr. Vs. Amit Kumar and anr.
Court: Patna
Decided on: Sep-03-2008
Chandramauli Kumar Prasad and Ravi Ranjan, JJ. 1. The High Court of Judicature at Patna, in the administrative side, aggrieved by the order dated 2.8.1999 passed by a learned Single Judge in C.W.J.C. No. 10854 of 1997, has preferred this appeal under Clause 10 of the Letters Patent.2. Some times benevolence shown by the court makes a person greedy. The case in hand depicts that. The writ petitioner-respondent No. 1, hereinafter referred to as the writ petitioner, filed writ application before this Court, inter alia, praying for issuance of a writ in the nature of mandamus commanding the High Court to appoint him on any post commensurate to his qualification on compassionate ground. Writ petitioner's father was an employee of the court who died in a road accident on 2.8.1994, while in service. Writ petitioner although a minor filed application dated 29.6.1995 for appointment on compassionate ground. The Court showing benevolence by letter dated 25th July, 1995 informed him that his cas...
State of Bihar Vs. Neeraj Kumar and ors.
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 @ 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 @ Gorakh Nath Singh and his son, accused Sunny @ Sunny Deol have jointly preferred Cr. Appeal No. 1216 of 2007 whereas the remaining four accused, Ravindra Kumar @ Ravindra Kumar Singh, Ravi Chor @ Ravi Rai, Neeraj Kumar and Santosh Kumar @ Loha have preferred separate Criminal Appeals bearing No. 1085, 1173, 1194 and 1275 all of 2007 respectively. The Death Reference and the Criminal Appeals have been heard t...
Md. Abbas and ors. Vs. State of Bihar and ors.
Court: Patna
Decided on: Sep-03-2008
Samarendra Pratap Singh, J.1. Heard the learned Counsel for the petitioners, the State as well as the private respondents.2. In the instant writ application the petitioners have prayed for an appropriate direction to the official respondents, namely, respondents No. 2 to 7 to remove the illegal incroachment made on his plot by the private respondents.3. This case has very chequered history. A land ceiling proceeding being Land Ceiling Case No. 275 of 1976 was initiated against Vishwanath Kuer and Anandi Kuer, the landholders. The aforesaid landholders filed their objections stating that they hold 9 acres 34 decimals of land and remaining 41-42 acres of land belong to other cosharers as mentioned in para 3 of objection petition itself. The landholders stated that they have already sold the remaining 9 acres 34 decimals of land of Mauza Barhari to different persons in the year, 1973 and some portions of the lands have been submerged in the Ganges water.4. The petitioners filed writ appl...
Smt. Manorama Prasad Vs. the State of Bihar and ors.
Court: Patna
Decided on: Sep-03-2008
Mihir Kumar Jha, J.1. Initially this writ application was filed by one Awadh Kishore Prasad on 24.10.2003 for payment of certain retirement benefits as also some other claim of his salary and emoluments etc. As a matter of fact this Court after hearing the parties had reserved the orders but subsequently when Awadh Kishore Prasad is said to have died on 25.5.2008 an interlocutory application being I.A. No. 3438/2008 was filed for substituting his wife, namely, Smt. Manorama Prasad as his legal representative for the purpose of claiming retirement benefit which is the subject matter of this writ application. Such I.A. No. 3438/2008 after hearing the parties was allowed by an order dated 30.6.2008.2. Late Awadh Kishore Prasad, hereinafter referred to as the writ petitioner, was an Officer of the Bihar Government and had retired on 31st May, 1988 while holding the post of Deputy Director of Panchayati Raj. There being some controversy with regard to his not complying an order of transfer...
Lakshmi Chemicals Vs. the State of Bihar and ors.
Court: Patna
Decided on: Sep-02-2008
Ramesh Kumar Datta, J.1. Heard learned Counsel for the parties.The petitioner has come to this Court for quashing the appellate order dated 2.6.2008 (Annexure-1) passed by the Secretary, Department of Agriculture, Government of Bihar as also for quashing the order dated 19.3.2008 (Annexure-2 ) passed by the Director, Agriculture, Bihar, by which the licence granted to the petitioner under Section 13 of the Insecticides Act for manufacture of insecticides has been cancelled and further for consequential directions.2. The facts relevant for consideration of the present matter are that the petitioner was granted licence/provisional permission to manufacture insecticides on 20.3.1978 and since then the said licence has continued to be renewed from time to time and a number of insecticides have continued to be added in the said licence and ultimately, according to the petitioner, it was entitled to manufacture as many as 38 items. On 27.7.2007, an inspection was made at the premises of the...
Grubachan Singh Vs. the State of Bihar and ors.
Court: Patna
Decided on: Sep-02-2008
Navaniti Prasad Singh, J.1. IA No. 2435 of 2008 has been filed by one Mohan Singh to intervene in this matter.2. Heard the parties.3. Intervention application is allowed. Mohan Singh, the intervener is deemed to be the respondent in this case. The intervention application brings on record various facts which are taken as a counter affidavit in the writ application.4. On special mention by the petitioner, this matter was taken up under the heading For Orders considering the urgency of the matter. State has also filed a counter affidavit. Petitioner has filed supplementary affidavit and interlocutory application praying for interim relief. In the supplementary affidavit, petitioner seeks to challenge order dated 16/25.01.2008 passed by the Chairman of the State Transport Authority. By the said order, it has been directed that as proceedings for cancellation of grant of permit and cancellation of registration of the motor vehicle is contemplated and is under way, permit should not be iss...
Arun Chemicals Industries Vs. the Certificate Officer Etc.
Court: Patna
Decided on: Sep-02-2008
Navaniti Prasad Singh, J.1. These two writ applications are by the same Company, and are interconnected and as such are taken up for final hearing and disposal together.2. In C.W.J.C. No. 11866/1999, the Company along with one of its Directors challenges the decision of the Presiding Officer Labour Court, Bhagalpur, given with reference to Section 33-C(2) of the Industrial Disputes Act, in favour of the alleged workman, the private-respondent. The second writ application being C.W.J.C. No. 9910/2001, challenges the certificate proceedings and the orders passed therein being Certificate Case No. 18/1999-2000, pending before the Certificate Officer, Bhagalpur, having been instituted at the instance of the Labour Court, Bhagalpur, for the recovery of the money due to the private-respondent under the decision given, which is impugned in the first case.3. Parties have appeared and the pleadings are completed. This Court had called for the complete original records of the proceedings held i...
Controller of Defence Accounts Vs. Jagdish Prasad Sinha
Court: Patna
Decided on: Sep-01-2008
S.N. Hussain, J.1. These three appeals have been filed by the Controller of Defence Accounts Employees Cooperative House Construction Society Limited (hereinafter referred to as 'the Society' for the sake of brevity), which is plaintiff-respondent-appellant and has challenged the judgments and decree of the learned courts below.2. Second Appeal No. 216 of 2005 arises out of Title Suit No. 288/1981 (239/1985) which was decreed by the learned Subordinate Judge-4. Patna by common judgment and decree dated 31.05.1991 against which defendant of that suit, namely, Jagdish Prasad Sinha, filed Title Appeal No. 84 of 1991 which was allowed by the learned Additional District Judge, Fast Track Court-3, Patna by a common judgment and decree dated 27.04.2005.3. Second appeal No. 217 of 2005 arises out of Title Suit No. 289 of 1981 (238/1985) which was decree by the learned Subordinate Judge-4, Patna by common judgment and decree dated 31.05.1991 against which defendant of that suit, namely, Ashok ...
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