Patna Court November 2009 Judgments

Sakal Paswan @ Sakal Dusadh Son of Moti Paswan and ors. Vs. the State ...

Court: Patna

ORDERSamarendra Pratap Singh, J.1. The petitioners, who are parcha holders under Section 27 of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act (hereinafter referred to as 'the Ceiling Act') and Rule 44 of the Bihar Land Ceiling Rules, 1963, pray for quashing the notice dated 10.11.2008 purported to have been issued by the Anchal Adhikari, Kudra, Kaimur whereby the petitioners have been directed to vacate the land settled with them in the year 1984-85.2. A land ceiling case No. 78/84 was started against the land holders Rameshwar Prasad and others. Initially only two units were granted to his family on 16.6.1976 by the S.D.O., Bhabhua. They filed an appeal against the aforesaid order which too was dismissed on 13.8.1994. Thereafter, land holders filed revision before the Member, Board of Revenue being Revision Case No. 510 of 1985. The Member, Board of Revenue by order dated 8.1.1987 remanded the matter to the Collector, Kaimur, Bhabua. On remand, t...

Devainder Prasad Sharma S/O Ram Lowline Sharma Vs. State of Bihar and ...

Court: Patna

ORDERNavaniti Prasad Singh, J.1. It is regrettable that people, who are entrusted with the duty to protect citizen and investigate crime and are supposed to be protect persons can throw everything to wind with what purpose Court would not like to discuss.2. One Pratibha Devi daughter of the petitioner Devainder Sharma, was married to Ashish Ranjan @ Chintu Kumar on 28.5.2006. Petitioner is from Muzaffarpur and the husband of the deceased is from Siwan. On 30.10.2008, the daughter of the petitioner was taken to Siwan Sadar Hospital with almost 80% third decree burn injury. She was immediately referred to Patna for better treatment. When she was brought to Patna and admitted Apollo Burn Hospital, petitioner was informed. He reached Apollo Burn Hospital and was shocked. There was none to attend to his daughter, who had been admitted and abandoned. For over next twenty days, daughter of the petitioner struggled with her life. Petitioner managed the treatment but in the end on 26.10.2008 sh...

Hiralal Prasad Son of Late Dhanraj Shah Vs. Indian Oil Corporation Ltd ...

Court: Patna

ORDERAjay Kumar Tripathi, J.1. Heard counsel for the parties.2. Vide letter dated 12.1.2009 contained in Annexure-29, the Deputy General Manager (LPG) communicated to the petitioner that his empanelment for selection for LPG distributorship stands cancelled for the reason that there has been suppression of vital facts in his application and giving of false and incorrect information. The suppression of those informations disentitles him from the benefit of being awarded the dealership in terms of the clause of advertisement and declaration given by the petitioner in his application/affidavit. The order, therefore, is under challenge in the present writ application.3. An earlier order of similar kind was passed by the respondent Indian Oil Corporation Limited which became a subject matter of challenge in C.W.J.C. No. 1602 of 2006. The matter was heard in detail and vide order dated 10.7.2008 the impugned order contained therein came to be quashed for the primary reason that the responden...

Amrendra Singh @ Munna Singh and ors. Vs. State of Bihar and anr.

Court: Patna

Samarendra Pratap Singh, J.1. Heard the learned Counsel for the parties.2. The petitioners who are nine in. number have challenged the order dated 4.12.2006 taking cognizance of the offence under Sections 323 and 498(A) of the I.P.C. and 4 of the D.P. Act and summoning them to face the trial.3. The O.P. No. 2, one Anita Devi, filed a complaint before the A.C.J.M., Hilsa in the District of Nalanda, making allegation that accused petitioner tortured her for want of dowry. It has been alleged that some cause of occurrence took place in the District of Nalanda and some in Sonebhadra District in U.P.4. The Complainant in support of her complaint examined three witnesses where upon learned A.C.J.M., Hilsa, vide his impugned order dated 4.12.2006 took cognizance of the offence under Sections 323 and 498(A) of the I.P.C. and under Section 4 of the Dowry Prohibition Act and summoned them to face trial.5. Counsel for the petitioners raised the following points. He argued that from perusal of the...

Suresh Shukla Son of Late Ram Nagina Shukla Vs. the State Bank of Indi ...

Court: Patna

Ajay Kumar Tripathi, J.1. Heard counsel for the parties.2. Petitioner wants quashing of the letter dated 20.12.2007, which has been communicated by the Assistant General Manager (PPG), State Bank of India, which is contained in Annexure-4. By virtue of this communication the petitioner has been told that in terms of the State Bank of India Pension Regulation Clause 22(i)(a) and 22(i)(d) only such employees can be granted pension who have completed 20 years of pensionable service and have completed 50 years of age or 10 years of pensionable service with 58 years of age. The petitioner's case was not found within the parameters of the Rule/Regulation, therefore, he has been denied the benefit of pension.3. Petitioner was removed from service on 7.6.2000 after holding a departmental enquiry. Initial order came to be challenged before the High Court but the learned Single Judge dismissed the writ application holding that the writ was devoid of merit. However, in the said decision contained...

Raghunandan Thakur Vs. the Union of India (Uoi) and ors.

Court: Patna

Samarendra Pratap Singh, J.1. The petitioner prays for setting aside the order dated 16.6.2000 issued by respondent No. 2 the Under Secretary, Government of India, Ministry of Home Affairs, communicated to the petitioner rejecting his claim for S.S.S. Pension (Swatantrata Sainik Samman Pension) vide Letter No. 52/CC/281/99-FF.CZ(Lit.I).The petitioner states that he participated in Freedom movement and absconded from August, 1942 to September, 1943. A criminal prosecution being Sessions Trial No. 140/42 King Emperor v. Raghunandan Thakur and Ors. was also initiated against him for having participated in freedom movement. The petitioner, as such, applied for pensionery scheme under SSS with all requisite documents.2. The learned Counsel states that he participated in freedom movement and he was even prosecuted vide Sessions Trial No. 140 of 1942. The petitioner as such went underground to escape the prosecution and conviction in the aforesaid Sessions Trial. The Government of India start...

Ramjee Rai S/O Late Bindo Rai and ors. Vs. the State of Bihar

Court: Patna

Sheema Ali Khan, J.1. Heard the parties.2. This application has been filed challenging the order taking cognizance dated 3.7.1996 passed by Judicial Magistrate, Bhagalpur in connection with Nath Nagar P.S. Case No. 241/1991 of an offence under Sections 147, 341, 342 and 379 of the Indian Penal Code.3. The allegations in the First Information Report is that the accused persons had looted wheat of the informant worth Rs. 7,200/-which was being carried on a bullock cart which resulted in the institution of the present case.4. Learned Counsel for the petitioners submits that the order dated 3.7.1996 is barred by Section 468 of the Code of Criminal Procedure.5. Section 468 of the Code of Criminal Procedure envisages that the Court should not take cognizance of an offence if it is barred by the period of limitation. The period of limitation has been defined in Sub-section (2) of Section 468 which is as follows:(a) six months, if the offence is punishable with fine only;(b) one year, if the o...

Saiyed HussaIn Abbas Rizwi Vs. State Information Commission Through th ...

Court: Patna

Reported in: AIR2010Pat57

ORDERNavaniti Prasad Singh, J.1. The petitioner had sought information under the Right to Information Act, from the Bihar Public Service Commission in relation to examination conducted for appointment of State Examiner of Questioned Documents in Police Laboratory in CID, Government of Bihar, Patna. Petitioner in particular wanted the marks obtained by the applicants for the said examination, the name and address of officials, who were in the interview panel, who interviewed. On application being made, the Public Information Officer of the Bihar Public Service Commission conveyed that so far as marks and merit list are concerned, they are being supplied but so far as name and addresses of the interview panel is concerned, they were refused to be supplied in terms of Section 8(l)(j) of the Right to Information Act.2. Petitioner filed an appeal before the State Information Commission. Notices were issued but after hearing the parties the State Information Officer of the State Information ...

Par Mohan Das S/O Sri Tarai Das Vs. the Vice-chancellor,

Court: Patna

J.N. Singh, J.1. Heard learned Counsel for the petitioner, learned Counsel for the University and learned Counsel for the State.2. Petitioner has filed this writ application for a direction to the respondents to issue appointment letter in his favour, appointing him on a class-III post on promotion, being successful in the limited competitive examination.3. Case of petitioner is that he was working on daily wages in the Bihar Agricultural College, Sabour since 1977. In 1991 a selection process was held by the University in which petitioner's case was also considered along with many others who had applied for their regular appointment on class-IV posts. Petitioner was found eligible for such appointment, since he was already working under the University on daily wages having been appointed on compassionate ground. Therefore, by office order issued from the office of Director (Administration) of the University, he, along with many others, was appointed on class-IV posts on regular basis,...

Smt. Shail Kumari Devi Vs. Chairman,

Court: Patna

Samarendra Pratap Singh, J.1. Heard learned Counsel for the parties.2. The petitioner has come to this Court for commanding respondents to pay him compensation for having caused the death of her husband Sri Lal Bihari Pandey, who died of Electrocution on 22.4.1991.3. The petitioner is widow of late Lal Bihari Pandey who was an Assistant Public Prosecutor on behalf of Department of Home. Police, and Government of Bihar. The deceased while drawing water from the pump died on account of electrocution caused by snapping of live electric wire. A report to this effect being K. Hat Police Station U.D. case No. 9/1991 was lodged with the police on 22.4.1991 itself.4. Leaned Counsel for the petitioner submits that the she filed a representation before the Chairman, Bihar State Electricity Board, (BSEB), Patna, respondent No. 1. through the Superintending engineer, BSEB, Purnea for appointment of her son Bijay Kumar Pandey in lieu of compensation which was duly forwarded on 7.5.1991 to the Chair...