Patna Court October 2009 Judgments

Kanhaiya Chand Son of Late Paras Chand Vs. the Bihar State Election Co ...

Court: Patna

Ajay Kumar Tripathi, J.1. Heard counsel for the parties.2. Petitioner is aggrieved by the order dated 29.1.2009 (Annexure-7), which has been passed by the Learned IInd Munsif, Buxar in Election Petition No. 8/2006. By virtue of the said decision the election petition filed by the petitioner has been dismissed as being devoid of any merit. It is alleged by learned Counsel for the petitioner that even the ballot papers which were called for inspection were not properly inspected and 97 ballot papers which were properly stamped in favour of the petitioner were illegally kept out or rejected by respondent No. 3, the Returning Officer-cum-Block Development Officer of Dumraon Block in the district of Buxar.3. The petitioner has not only sought interference with the impugned decision contained in Annexure-7 but has also prayed for a direction upon the election tribunal to inspect and count 97 ballot papers to ascertain whether the same were validly rejected or not. One of the serious challeng...

Dr. Narendra Prasad Son of Late Medni Prasad Vs. Commissioner of Incom ...

Court: Patna

S.K. Katriar and Kishore K. Mandal, JJ.1. This batch of five appeals preferred under the provisions of Section 260A of the Income Tax Act 1961 (hereinafter referred to as 'the Act'), raise common issues of facts and law, and are with respect to the assessment years 1995-96, and 1997-98. Dr. Narendra Prasad, a Surgeon in Patna, and Dr. Leela Prasad, his wife and a Professor, are two individual assesses. According to the impugned order, they constitute an 'Association of Persons' (AOP, in short), in the name and style of M/s Alok Nursing Home, within the meaning of Section 2(31) of the Act. Misc. Appeal No. 145 of 2004, Misc. Appeal No. 146 of 2004, and Misc. Appeal No. 148 of 2004, are with respect to the assessment year 1995-1996. The remaining two appeals are with respect to the assessment years 1996-97 and 1997-1998. The primary question for consideration in these appeals is the same, whether or not Dr. Narendra Prasad and Dr. Leela Prasad, the two individual assesses, constitute an ...

Lallupokhar Naw Yatayat Swalambi Sahkari Samiti Ltd. President Lalita ...

Court: Patna

Samarendra Pratap Sinha, J.1. Heard learned Counsel for the parties.2. The petitioner prays for quashing of Parwana issued for six ferry Ghats to respondent No. 5 in the district of Munger contained in annexure 5 as well as order dated 31.3.2009, passed in Revenue appeal No. 10/2009 by Divisional Commissioner, Munger, annexure 6 by which the appeal of petitioner was dismissed.3. The petitioner who is Naw Yatayat Swawlambi Sahkari Samiti Ltd., Munger, under the Bihar Self Supporting Co-operative Society Act, 1996 states that the impugned settlement of six Ghats has been done to private individuals without public auction in violation of Government decision dated 10.9.1978, contained in annexure 8 and letter of Cooperative department dated 9.3.2002, annexure 9. Furthermore, he submits that DDC acted in violation of provision of Panchayati Raj Act (in short the Act).4. Ghats in question were settled with the petitioner in the year 2007-08. However, settlement for year 2008-09 was made with...

Dilip Bhattacharjee @ Raghu Bhattacharjee Son of Late Naresh Bhattacha ...

Court: Patna

Navaniti Prasad Singh, J.1. The petitioner, in both these writ applications, is the son of late Naresh Bhattacharjee. He lives in his ancestral house in Katihar Town. It appears, in the same house, the brothers of late Naresh Bhattacharjee live with their family as well. The families are Bengalis and governed by Dayabhag School of Hindu Law. Late Naresh Bhattacharjee, the father of petitioner died living behind a will for getting it probated. Testamentary Case No. 1 of 2006 was pending before the District Judge, Katihar which has now become Testamentary Suit No 2 of 2008 on contest before the District Judge, Katihar. The will has been executed in relation to various properties on the basis that the properties mentioned therein were individual properties of late Naresh Bhattacharjee. He had created a beneficial interest in favour of Pranab Bhattarcharjee, his younger brother and Shyamali Bhattacharjee, his sister. They were to receive fixed sums monthly under the will for a certain peri...

Renu Singh D/O Padmadeo NaraIn Singh Vs. Punjab National Bank Through ...

Court: Patna

Navaniti Prasad Singh, J.1. Petitioner is a Senior Manager of MMG Scale III in Punjab National Bank. She has come to this Court against her transfer order. She has been transferred from Patna Circle to Muzaffarpur Circle. She states that ordinarily she is also aware that transfer being an incidence of service, cannot be objected to, but in the present case she alleges malafide and hostile discrimination . Here allegations of malafide are that her transfer had been actuated on basis of a complaint. This complaint inspite of repeated request were never disclosed to her. Here allegation with regard to hostile discrimination is that there are other senior employees of the Bank, who have been in one circle at Patna itself for a period, much longer than the petitioner, some for 25 years, yet they have not been touched nor are intended to be touched though on basis of the same Rules and Regulations she is being transferred.2. Bank has filed a counter affidavit. In the counter affidavit the st...

Satyam Distributors Through Its Proprietor Yogendra Kumar Son of Sri B ...

Court: Patna

ORDERV.N. Sinha, J.1. Heard learned Counsel for the petitioner and the State.2. Petitioner is a wholesaler of drugs pursuant to a drug licence issued by the State Drug Controller - cum - Chief Licensing Authority, Bihar, Patna. He is assailing the order dated 8.7.2009 (Annexure 12) wherein his drug licence has been cancelled with reference to the memo of charge dated 12.5.2009 (Annexure 8). He is further assailing the appellate order dated 7.9.2009 communicated to the Petitioner under memo No. 515 dated 8.9.2009 (Annexure 19) wherein the appeal filed against the cancellation order was also dismissed. The charge memo dated 12.5.2009 was issued pursuant to an inspection report dated 2.5.2009 (Annexure 7). It is evident from the charge memo that charge Nos. 2 to 6 relate to sale of the different drugs by the petitioner at a price which was over and above the maximum retail price (for short M.R.P.) and thereby the petitioner is alleged to have violated the provisions contained in Drugs Pri...

Ashok Kumar Thakur Son of Shri Kapildeo Thakur Vs. the Director, State ...

Court: Patna

Navaniti Prasad Singh, J.1. The petitioner was an employee of the State Council of Education Research and Training (in short SCERT). It appears that the petitioner was appointed temporarily with effect from 01.04.1989 in the SCERT. His services were then regularized in the year 1991. It appears that he was regularized but soon after as the numbers of posts were reduced in the said organization, with effect from 27.08.1992, all posts being abolished, petitioner's services were terminated. He was then posted as Attendant in the Hostel run by the said organization, subject to adjustment in other department/organization of the government, as per the policy decision of the government. It appears that several other persons were similarly retrenched, all but the petitioner were adjusted, pursuant to the government policy. Petitioner was left out and not only that even though work was being taken for some time petitioner was not being paid his due remuneration. As such, petitioner approached t...

Suryabhushan Rakesh Son of Late Bindeshwari NaraIn Bhatt Vs. the Bihar ...

Court: Patna

Reported in: 2010(58)BLJR96

Navaniti Prasad Singh, J.1. The present dispute relates to the right to get compassionate appointment. The conflict is between 2 sons of the deceased who died in harness while serving in the Bihar School Examination Board. The wife of deceased employee though initially had sought compassionate appointment for her elder son but thereafter by affidavit and other representations and then personally met the authorities and canvassed for her younger son, who has been appointed on compassionate ground which appointment is challenged by the elder son. The facts are not in dispute.2. Parties have appeared, filed their counter affidavit and rejoinder has been filed. With consent of parties, the writ petition is taken up for disposal at this stage itself.3. Mr. Rajendra Prasad Singh, learned Senior Counsel appearing in support of the writ application for the cause of the elder son, submits, placing reliance on decision of this Court in the case of Raj Kishore Kumar v. State of Bihar and Ors. sin...

Sanjeev Kumar Vs. State of Bihar

Court: Patna

Reported in: 2010CriLJ482

ORDERSamarendra Pratap Singh, J.1. Heard learned Counsel for the petitioner and the State.2. In the instant application the petitioner prays for quashing the order dated 2-6-2002, passed by learned Additional Sessions Judge, Fast Track Court-V, Chapra in Sessions Trial No. 453 of 2006, whereby he rejected the application of petitioner to discharge him from being prosecuted under Section 306 of the Indian Penal Code.3. Deceased is one Pramod Kumar Singh, who committed suicide on 22-7-2004. His wife Sunita Devi gave statement on 23-7-2004 giving rise to institution of U. D. case. Two days after the death of the deceased, his elder son found a suicidal note in the pocket of one of the shirts of his late father and gave it to his uncle Sanjay Kumar Singh. The aforesaid Sanjay Kumar Singh, who happens to be the brother of the deceased, lodged the instant case on 11-8-2004 giving rise to Chapra Nagar P. S. case No. 169 of 2004, under Section 306 of the Indian Penal Code.4. The informant stat...

Balchand Rajbansi Son of Shyam Rajbanshi and ors. Vs. the State of Bih ...

Court: Patna

Ajay Kumar Tripathi, J. 1. Petitioners are before this High Court seeking a direction upon the respondent authorities to convene a special meeting for debating a no confidence motion, based on the requisition contained in Annexure-1. They are aggrieved by the communication dated 20.8.2009 contained in Annexure-2 issued by the District Panchayati Raj Officer, Nawada, where he has refused to convene the meeting on the ground that in terms of Section 44(3) of Bihar Panchayati Raj Act, 2006, the two years period of Pramukh and Up-Pramukh has not lapsed since they have been put in place.2. Submission of learned Counsel for the petitioners is that this kind of rejection of their no confidence motion is misplaced because the authorities have neither the power nor the correct understanding of law on this issue. He submits that if earlier no confidence motion based on which the present Pramukh was elected has been carried out more than a year ago then a second no confidence motion can be put in...