Patna Court November 2009 Judgments

Bihar Drugs and Pharmaceutical Manufacturer's Association through Its ...

Court: Patna

Reported in: 2010(58)BLJR343

Ajay Kumar Tripathi, J.1. Heard learned Counsel for the parties.2. The Bihar Drugs & Pharmaceutical Manufacturer's Association have filed the present writ application through their Secretary pleading discrimination against their members in award of rate contract for various medical supplies which are mentioned in categories 'A' to 'D' of the notice inviting tender dated 24.1.2009, what is known as State Health Society.3. The State of Bihar has a registered society known as Health Society which has been formed for implementation of the scheme formulated under the National Rural Health Mission. Instead of allowing procurement at the local level or at the various levels, the Society has been given responsibility to channelise the procurement and distribution through the said State Health Society. The notice inviting tender dated 24.1.2009 is annexure-2 to the writ application. Minimum eligibility criteria have been laid down in the said notice. For category 'A' procurement which is that t...

Girija Devi, W/O Late Onkar Nath Pandey Vs. the State of Bihar,

Court: Patna

Sudhir Kumar Katriar, J.This writ petition was preferred by one Onkar Nath Pandey (hereinafter referred to as the 'original petitioner'), for a direction to the State of Bihar to count his services rendered in the private college before its take-over by the State Government, for the purpose of post-retirement benefits. He died during the pendency of the present proceeding and has been substituted by his widow, being his heir and legal representative.2. A brief statement of facts essential for the disposal of the writ petition may be indicated. The original petitioner was appointed as Lecturer in Shri Yatindra Narain Ashtang Ayurvedic Mahavidyalaya, Bhagalpur. The said College was taken over by the Bihar Government under the provisions of the Bihar Private Medical (Indian System of Medicine) College (Taking Over) Act, 1985 (Bihar Act No. 10 of 1985)(hereinafter referred to as the 'Act'), with effect from 10.1.1985. The College was admittedly taken over on 10.1.1985 in terms of Section 3...

Pawan Kumar Purvey Son of Late Baldeo Purvey, Farooque Ansari Son of L ...

Court: Patna

Reported in: 2010(58)BLJR337

Navaniti Prasad Singh, J.1. Heard the parties.2. These three writ petitions have been taken up and heard at length for its final disposal at this stage itself, as they raise a common issue. It relates to Madhubani Nagar Parishad constituted under the provisions of the Bihar Municipal Act, 2007.3. Counter affidavits have been filed and with consent of parties the writ petition has been heard for final disposal at this stage itself.4. Madhubani Nagar Parishad has an elected Chief Councillor and Deputy Chief Councillor and consists of 30 elected members. On two years expiring 18 members filed a requisition for convening a special meeting of the Nagar Parishad for considering vote of no confidence as against the Chief Councillor and the Deputy Chief Councillor. Upon notice being given, the Chief Councillor fixed 16.07.2009 as the date for convening the special meeting and noticed the Counselors. On 09th of July, 2009 the in-charge Additional Collector by his memo No. 944 of the said date i...

Ram Balak Ram S/O Late Buchchun Ram and ors. Vs. the State of Bihar Th ...

Court: Patna

Navin Sinha, J.1. Heard learned Counsel for the petitioners and learned Counsel for the State.2. The petitioners were appointed initially on daily wages on different dates in between 1980 to 1982. They were brought into the work charge establishment in February, 1988. In April, 2002 they were sought to be reverted to their status of daily wage. They came to this Court in CWJC No. 6293 of 2002 and 6760 of 2002. The writ applications came to be disposed with a large batch of analogous cases giving directions to consider for regularization in accordance with inter alia the judgment of the Supreme Court in Secretary, State of Karnataka and Ors. v. Uma Devi and Ors. (2006) 4 SCC 1. They have now been directed to be regularized by an order dated 28.11.2006 and given fresh posting, in pursuance of which formal orders with regard to them have been issued on 29.11.2006.3. Learned Counsel for the petitioners submits that the petitioners are entitled to the work charge scale for the period that t...

Rajendra Prasad Yadav Son of Sri Gajadhar Gope Vs. the Rajendra Agricu ...

Court: Patna

ORDERJayanandan Singh, J.1. Heard learned Counsel for the petitioner and learned Counsel for the respondents.2. Petitioner has filed this writ application for quashing of letter No. 1226 dated 4.10.2005 (Annexure-1), issued under the signature of Director of Administration of the respondent-University, rejecting claim of the petitioner for medical reimbursement of expenses of his treatment and operation undertaken in Christian Medical College & Hospital (hereinafter referred to as 'C.M.C'), Vellore precisely on the ground that the said Institution is a private institution and not recognized by the State Government for the purpose of medical reimbursement under the Rules.3. It is not disputed that petitioner is a class III employee of the Rajendra Agricultural University (hereinafter referred to as 'the University'). Sometime in the year 2000 he seriously fell ill with some cardiac problem. He was rushed to Indira Gandhi Institute of Cardiology, (hereinafter referred to as 'the Institut...

State of Bihar Vs. Mangan Thakur @ Amit Kumar Thakur,

Court: Patna

1. The death reference and the appeal are against the judgement of conviction and sentence dated 15.12.2008 of the 3rd Additional Sessions Judge, Naugachia (Bhagalpur) in Sessions Trial No. 743 of 2005 whereby all the three convicts have been convicted under Sections 302, 364A, 120B and 201 IPC. Each of the three appellants has been sentences to. death under Section 302, 364A and 120B IPC. No separate sentence was passed under Section 201 IPC.2. The prosecution case as per the fardbeyan lodged by the informant, namely, Sanjay Kumar Thakur(P.W.7) was that his son Sanu @ Samarjit Thakur aged 9 years, who was a student of class IVth, had gone out towards fields in the eastern side with Mangan. Thakur (appellant) aged 18 years, but he did not come back. In, course of search, when the informant questioned Mangan Thakur about Sanu @ Samarjit he (Mangan Thakur)stated that he had taken Sanu @ Samarjit to Kalu Chak and had handed him over to Mangla Harijan and Mangan Harijan. When the informant...

Ghanshyam Mishra Son of Shree Chandra Narayan Mishra Vs. the State of ...

Court: Patna

Anjana Prakash, J.1. The appellant has been convicted for the offence under Section 7 and Section 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988 and sentenced to rigorous imprisonment for a period of six months and one year respectively by judgment dated 31.7.2001 by the Special Judge, GBI, North Bihar, Patna, in Special Case No. 14/96/R.C. case No. 13(A) of 1996.2. The facts of the case are that on 15.6,1994 the complainant had given an application to the District Industry Centre, Madhubnai, for loan of Rs. 80,000/- for setting up an ice factory. The District Industry Centre after having processed the application sanctioned the same and sent it to the Allahabad Bank for releasing the said loan amount. On 28.8.1995, Rs. 4,000/- i.e. 5% was paid to the complainant and the same was deposited in the bank. The bank also disbursed additionally a sum of Rs. 10,000/- for the foundation. On 20.10.1995, the quotation was filed by the complainant and thereafter on 23....

Satyendra Yadav @ Torwa Son of Late Kamlesh Yadav Vs. the State of Bih ...

Court: Patna

Sheema Ali Khan, J.1. This application under Section 482 of the Code of Criminal Procedure (hereinafter referred to as 'the Code') has been filed against the order dated 17.07.2009 passed by the Additional Sessions Judge III, Jehanabad in Criminal Revision No. 37 of 2009 by which the Revisional Court has affirmed the order of the Court below refusing to give the benefit of Section 428 of the Code of Criminal Procedure to the petitioner.2. The facts of this case are that the petitioner was convicted by the Court of Judicial Magistrate, 1st Class, Jehanabad in G.R. No. 1100 of 2005 (Trial No. 1303 of 2005) Wilder Suctions 85(1-8) of the Arms Act and sentenced to undergo rigorous imprisonment for three years and a fine of Rs. 3,000/- and the Court further imposed a sentence of 3 years R.I. and a fine of Rs. 3,000/- under Section 26 of the Arms Act. It was also ordered that the sentences were to run concurrently and further ordered that the petitioner would have to undergo simple imprisonm...

Chandan Kumar Gandhi @ Ganna Son of Sri Shashi Bhushan Poddar Through ...

Court: Patna

Reported in: 2010(58)BLJR357,2010CriLJ1814

V.N. Sinha, J.1. Heard learned Counsel for the petitioner-accused and the opposite party No. 2.2. Petitioner-accused is assailing the order dated 10.12.2008 passed by the Additional Sessions Judge, F.T.C.-IV, Begusarai in Sessions Trial No. 350 (S) of 2008, whereunder the court below has held that there is controversy in regard to the date of birth of the petitioner-accused which is evident from the matriculation and the School Leaving Certificate filed on behalf of the accused and the prosecution, in the circumstances, the report of the Medical Board becomes relevant material to be taken into consideration for assessing the age of the accused and from the report of the Medical Board it is evident that the petitioner was more than 18 years of age on the date of occurrence i.e. 25.07.2004.3. Counsel for the petitioner-accused has assailed the aforesaid order with reference to the provisions contained in Section 49 of the Juvenile Justice (Care and Protection of Children) Act, 2000 (here...

Lalita Devi Wife of Sri Dwarika Nath Rai Vs. State of Bihar Thru. Vig

Court: Patna

Reported in: 2010(58)BLJR328

Sheema Ali Khan, J.1. This application has been filed for quashing the order, dated 4.8.2008 passed by the Special Judge Vigilance I, Patna in Special Case No. 7/1995, arising out of Vigilance PS case No. 12/1995, whereby and whereunder the petition for discharge of the petitioner has been rejected.2. The petitioner is the wife of Dwarika Nath Rai and has been made accused along with her husband in a case under Sections 420, 467, 468 and 471 of the Penal Code and Section 5 read with Sections 5(2), 5(1)(e) of the Prevention of Corruption Act, 1947.3. The allegation is that Dwarika Nath Rai, Superintending Engineer during his period of service, the check period being between 5.9.1963 to the years 1989-90 has amassed wealth disproportionate to his assets which has resulted in Vigilance PS Case No. 12/1995. The court has refused to discharge the petitioner on the allegations contained in the FIR and the charge sheet.4. The allegations are that Sri Rai has constructed (a) a double storied h...