Patna Court October 2009 Judgments

Ex-Armymen's Protection Services Private Limited, through Its Managing ...

Court: Patna

Reported in: AIR2010Pat69

Navaniti Prasad Singh, J.1. By this writ application, the petitioner has challenged the order passed by the Assistant Commissioner of Security (CA) dated 20.4.2009 (Annexure 13), which is an order passed on post decisional hearing affirming the order dated 27.11.2008 (Annexure 3) passed by the same officer ex parte without any hearing withdrawing the security clearance granted to the petitioner- Company for doing business as Ground Handling Agency at various Airports for various Airline Operators in the country.2. It may be noted here that as against the initial withdrawal of security clearance by order dated 27.11.2008 (Annexure 3), petitioner had preferred a Writ Petition before this Court being C.W.J.C. No. 758 of 2009, which was disposed of on 25.3.2009 (Annexure 10) by which Annexure 3 aforesaid was kept in abeyance till a decision was taken pursuant to post decisional hearing in the matter, which decision having now been taken by order dated 20.4.2009 (Annexure 13) against which ...

Krishna Kant Lal S/O Late Sridhar Lal Das Vs. the State of Bihar and o ...

Court: Patna

Navaniti Prasad Singh, J.1. Petitioner is a permanent employee of the Bihar State Small Industries Corporation Limited, which is a government Corporation duly incorporated under the Companies Act. It is a wholly owned State Government undertaking. It is not in dispute that for its employees it had not framed any Service Rules of its own. The Board of Directors, it is not in dispute, took a decision as far back as on 22.12.2001 (as apparent from Annexure 3 being communication dated 16.7.2005 of the Managing Director of the Corporation to the Industrial Development Commissioner) that in absence of its own rule, Bihar Service Code will be applicable in all aspects to its employees. Rule 73 of the Bihar Service Code deals with the age of superannuation of employees and as stood, at the relevant time, it was 58 years. It is pursuant to this that by Annexure 1, the petitioner, who is an Accountant in the said Corporation, has been directed to superannuate on 31.7.2009 on attaining 58 years o...

Vishal Builtech (India) Pvt. Ltd. a Company Incorporated under the Ind ...

Court: Patna

Reported in: AIR2010Pat41

V.N. Sinha, J.1. Heard learned Counsel for the petitioner and the State.2. Petitioner company is a works contractor registered with the Road Construction Department of the State Government. The Company has filed this writ application challenging the order bearing Memo No. 3411(E) dated 9.9.2009, Annexure-13 whereunder with reference to the provisions contained in Sub-rule (vii) of Rule-11(ka) of the Bihar Contractors Registration Rules, 2007 (hereinafter referred to as 'the Rules'), the Company has been black listed by the competent authority, namely, Engineer-in-Chief cum Additional Commissioner-cum-Special Secretary of the Department on the ground that the company in collusion with the departmental authorities/officers changed the last page of the financial bid submitted by it in connection with tender notice dated 29.12.2008 published in Dainik Jagran newspaper for IRQP work in between kilometers 1 to 22 (part) of Narayanpur Chowk, N.H. 57 to Karjain Bazar (N.H. 106) via Jhilla-Sahp...

Ashok Kumar Son of Shri Ishwar Prasad Vs. the State of Bihar Through t ...

Court: Patna

Sudhir Kumar Katriar, J.1. The two writ petitions challenge the validity of Sub-section (3) of Section 4 of the Bihar Reservation of Vacancies in Posts and Services (for Scheduled Castes, Scheduled Tribes and other Backward Classes) Ordinance 1991 (Bihar Ordinance No. 33 of 1991) (hereinafter referred to as the 'Ordinance'), which provides that a reserved category candidate who is selected on the basis of his merit shall be counted against 50% vacancies of open merit category and not against the reserved category vacancies. The two writ petitions also challenge the validity of Sub-section (4) of Section 4 of the Ordinance which provides that the same shall apply in supersession of anything to the contrary in the said Ordinance or any other law, rules enforced earlier, or any other judgment and decree of the Court, to all such cases in which all formalities of selection have completed before 1st of November 1990, but the appointment letters have not been issued.2. The present writ petit...

Dharamshil Cold Storage Private Limited Vs. the Union of India (Uoi)

Court: Patna

Ramesh Kumar Datta, J.1. Heard learned Counsel for the petitioner and learned Central Government Counsel for the Registrar of Companies.2. The petitioner-Company has approached this Court for restoring its name on the Register of Companies by setting aside the order dated 31.7.2007 passed by the Registrar of Companies, Bihar and Jharkhand published in the Gazette of India dated 18.8.2007 by which he has struck off the name of the Company from the Register of Companies in exercise of power under Section 560(5) of the Companies Act.3. The brief facts of the present matter are that the Company was incorporated on 14.8.1975. The Company constructed a cold storage on freehold land of about 0.71 acres at Churamanpur, Buxar and started the business of cold storage and other allied businesses. For carrying on its business activities it had obtained secured loans from the Bihar State Financial Corporation and from the Central Bank of India, Buxar towards working capital. For several reasons whe...

Amar Kumar Singh Vs. the State of Bihar

Court: Patna

C.M. Prasad and Dharnidhar Jha, JJ.1. These three appeals arise out of a common judgment passed by the learned Additional Sessions Judge, 3rd Court, Patna, in Sessions Trial No. 825 of 1996 in which the four appellants in the three appeals were tried together. By the judgment and order of conviction dated 12.8.2003 a verdict of guilt was returned by the learned trial Judge on the charges under Section 302 read with Section 34 of the Indian Penal Code and Section 27 of the Arms Act, commonly framed against the four appellants and while hearing on sentence, the learned trial Judge directed each of the appellants to suffer rigorous imprisonment for life for his individual conviction under Section 302 read with Section 34 of the Indian Penal Code. Appellant Amar Kumar Singh (appellant in Cr. Appeal No. 471 of 2003) was the only accused who was found guilty of committing the offence under Section 27 of the Arms Act also and was directed to suffer rigorous imprisonment for two years only. Th...

Alik Kumar Bhattacharjee Vs. the State of Bihar and ors.

Court: Patna

Navin Sinha, J.1. Heard learned Counsel for the petitioner and the State.2. The petitioner retired from the post of Inspector of Police on 31.5.2003. The petitioner invites the Court to adjudicate his claim for payment of certain arrears on account of difference of salary consequent to removal of pay anomaly to put him at par with his juniors paid the same.3. The cause of action is alleged from 1.4.1982 due to revision of pay with effect from 1.4.1981. Reliance is placed on certain administrative orders of the Government issued by letter No. 1122 dated 10.2.1983 and letter No. 21/82/764 dated 24.2.1992. The claim is additionally based on certain orders of the erstwhile Ranchi Bench of this Court in CWJC No. 908 of 1988 (R) (Md. Zahir Ahmad v. State of Bihar and Ors.). He claims to have represented on 30.10.2007 more than four and half years after his superannuation. The contention is that he had kept representing while he was in service to which the Respondents did not react.4. Six and...

Santosh Mahto @ Vikky Mahto, S/O Bisun Dayal Mahto Vs. the State of Bi ...

Court: Patna

Mandhata Singh, J.1. Heard learned Counsel for the petitioner and learned Counsel for the State.2. Petitioner along with co-accused Jhingaram Mahto has been alleged for giving knife blow injuring the victim's abdomen and his back. Prayer for bail is sought on the ground that petitioner is entitled for bail under Section 12 of the Juvenile Justice Act as none of the three ingredients to be taken for refusal of bail is existing in the case and observation of the Sessions Court is misconception that there is nothing on record to show that after release, petitioner will not come in association of known criminals.3. Law is clear on the point that like accusation it is for the investigating agency to collect evidence and for prosecution to place that material is available to show that petitioner's release is likely to bring him into association with any known criminal or expose him moral, physical or psychological danger or his release would defeat the ends of justice, which is absent in the...

Rishideo Pandey Son of Late Satyanarayan Pandey Vs. the State of Bihar ...

Court: Patna

Ajay Kumar Tripathi, J.1. Heard counsel for the parties.2. Challenge in the present writ application is to the order dated 1st day of September, 2007, which has been passed by the Court of learned Munsif, Gopalganj in Election Petition No. 5/2006. By virtue of the impugned order contained in Annexure-3 the election petition of the petitioner has been dismissed on the ground that the bundle of facts based on the evidence, oral or documentary, led during the trial of the said petition, prima facie, does not succeed in making out a case of any kind of irregularity in the counting of votes or declaration of results by keeping out valid votes of the petitioner, in the final declaration of the results.3. The election in question is for the post of Mukhiya of Gram Panchayat Raj, Lamichaur under the Bhore Block in the district of Gopalganj. The election for the same was held on 2.6.2006 and the counting of votes was held on 17.6.2006. The final results after counting was declared wherein respo...

Manoj Kumar Choudhary S/O Sita Ram Choudhary and ors. Vs. the State of ...

Court: Patna

Ajay Kumar Tripathi, J.1. Heard counsel for the parties.2. Since identical questions of law, if not facts, have been raised in the writ applications, both the writ applications came to be listed and heard together and, therefore, are being disposed of by a common order.3. The issue in question is a letter No. 6560 dated 1.10.2008 (Annexure-1) which has been issued by the Registrar, Cooperative Societies in relation to constitution of Adhoc committees of Primary Agriculture Cooperative Society (hereinafter to be referred to as 'the PACS'). It is urged that the said letter needs to be quashed in view of the fact that it is in violation of the bye-laws of the PACS as well as Rule 22 of the Bihar Cooperative Societies Rules, 1959. The petitioners want quashing of the said letter or direction.4. The State of Bihar with an object of reviving the virtually defunct PACS decided to reconstitute and hold elections for due constitution. A very detailed kind of guidelines and rules including incor...