Patna Court December 2009 Judgments
Ranjana Devi Wife of Sri Sudhanshu Prasad Sah Vs. the State of Bihar T ...
Court: Patna
Decided on: Dec-24-2009
Ramesh Kumar Datta, J.1. Heard learned Counsel for the petitioner learned Counsel for the State and learned Senior Counsel for the State Election Commission.2. The petitioner seeks quashing of the order contained in letter No. 3369 dated 10.12.2009 issued under the signature of the Secretary, State Election Commission, Bihar, Patna, by which a direction has been issued to the District Magistrate-cum-District Returning Officer (Municipality), Purnea to get the election conducted for the post of the Chief Councillor, Nagar Panchayat, Kasba, Purnea on 29.12,2009 in accordance with the provisions laid down under Rules 93 to 97 of the Bihar Municipal Election Rules, 2007 and further for quashing the consequential letter dated 17.12.2009 issued by the Returning Officer, Municipal Council, Purnea and addressed to the petitioner requesting therein to participate in the meeting of the Councillors scheduled to be held at 11 A.M. on 29.12.2009.3. Learned Counsel for the petitioner submits that un...
Tag this Judgment!Brahamdeo Sah S/O Alauli Vs. the State of Bihar and ors.
Court: Patna
Decided on: Dec-24-2009
Samarendra Pratap Singh, J.1. Heard learned Counsel for the parties.2. The petitioner has prayed for quashing order dated 10.9.2004, passed in Criminal Revision No. 113 of 2003, by Additional Sessions Judge cum Fast Track Court No. 3, Patna by which he confirmed order dated 28.7.2003, passed by Addl Chief Judicial Magistrate, Khagaria in GR No. 339/2000, whereunder he allowed the prayer of opp party No. 2 contained in his petition dated 9.6.2003 giving him permission to make pairvi and to continue the proceeding in place of informant of the case, who died on 31.5.2003, and also allowed prayer of opp party No. 2 under Section 311 Cr.P.C. to adduce the evidence of additional witness whose names do not find mention in the column of charge sheet.3. One Navin Kumar who is now deceased filed a written report dated 12.4.2000 giving rise to Alauli Police Station case No. 37 of 2000, under Sections 341, 342, 323, 504, 379 instituted against the petitioner and opp party 2nd set i.e. Opposite par...
Tag this Judgment!Dr. Suresh Prasad Son of Late Baldeo Prasad, Divisional Forest Officer ...
Court: Patna
Decided on: Dec-22-2009
Sheema Ali Khan, J.1. Heard learned Counsel for the petitioner and the counsel appearing on behalf of the State.2. This application has been filed for quashing the order, dated 4.4.2007 passed by the Special Judge Vigilance, North Bihar, Muzaffarpur in Special Case No. 45/2006, arising out of Vigilance PS Case No. 103/2006, by which cognizance has been taken against the petitioner for the offences under Sections 7, 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act, 1988 (hereinafter referred to as 'the Act').3. The only contention that has been raised in this case is that the court has no power to take cognizance for the offences aforesaid and there is no proper order of sanction under Section 19 of the Act.4. The facts are that the petitioner was working as Divisional Forest Officer and had refused to renew the licence of the complainant who was owner of a saw mill. On die other hand, the complaint is that a demand of Rs. 5000/- was made by the petitioner for renewi...
Tag this Judgment!Subhash Chandra Singh Son of Sri Bishwambhar Pd. Singh Vs. the Bihar S ...
Court: Patna
Decided on: Dec-22-2009
S.K. Katriar, J.1. The petitioner of C.W.J.C. No. 15002 of 2004 (Subhash Chandra Singh v. The Bihar State Food & Civil Supply Corporation Ltd. and Ors.), has preferred this appeal under Clause 10 of the Letters Patent of High Court of Judicature at Patna, and is aggrieved by the order dated 23.1.2006, by a learned Single Judge of this Court, whereby the writ petition has been dismissed, and the order dismissing the petitioner from service has been upheld.2. A brief statement of facts essential for the disposal of the appeal may be indicated. The petitioner (appellant herein) had joined the services of the respondent Corporation in 1975 as a Godown Manager. By order dated 7.12.1993, he was placed under suspension for misappropriation of the Corporation's properties. Charge-sheet dated 8.7.1994 was served on him wherein it was stated that he had misappropriated the Corporation's properties valued at Rs. 8,18,195/-. The petitioner appeared participated in the enquiry proceedings. The lear...
Tag this Judgment!Md. Mahboob Ansari S/O Md. AlauddIn Ansari, Vs. State of Bihar and
Court: Patna
Decided on: Dec-21-2009
Samarendra Pratap Singh, J.1. Heard the petitioners and State. No one appears for opp. party No. 2.2. Petitioners have filed instant application for quashing order dated 23.11.2004, in Cr Revision case No. 37 of 2003, passed by Addl. Sessions Judge I, Katihar affirming the order dated 18.2.2003, whereby the Magistrate took cognizance of the offence under Sections 376/34 I.P.C. and summoned them to face trial.3. Facts of ihc case in short is that opposite party number 2, namely, Rabina Khatoon filed a complaint on 7.1.2002 giving rise to Complaint case No. 41 of 2002. In the complaint, she alleged that all the three petitioners committed rape on her, which she narrated to the passersby. The complainant supported the prosecution case in her examination on Solemn Affirmation (SA) under Section 200 Cr.P.C. The learned Chief Judicial Magistrate, Katihar transferred the case to Sri B.B. Yadav, Judicial Magistrate, 1st class, Katihar for enquiry and disposal under Section 192 Cr.P.C.4. Learne...
Tag this Judgment!Laxman Yadav Son of Late Kadru Yadav Vs. Bandani Devi Wife of Hasgouri ...
Court: Patna
Decided on: Dec-17-2009
S.N. Hussain, J.1. Heard learned Counsel for the sole appellant and learned Counsel for the sole respondent.2. This second appeal has been filed by the defendant-appellant-appellant challenging judgments and decree of both the learned courts below.3. The matter arises out of Title Suit No. 170 of 1994 which was, filed by the sole plaintiff-respondent-respondent for declaration of her right, title and interest over the suit land and for confirmation of possession and in the alternative recovery of possession and other ancillary reliefs. During the pendency of the suit, the relief was amended by way of adding one more relief of recovery of possession claiming that the defendant-appellant had dispossessed the plaintiff-respondent during the pendency of the suit in February-March, 2003. The said suit was decreed on contest with cost by the learned Munsif, Banka vide his judgment and decree dated 12.01.2005.4. Against the aforesaid judgment and decree of the trial court the defendant-appell...
Tag this Judgment!Baijnath Prasad Gupta S/O Sheonath Gupta Vs. the State of Bihar,
Court: Patna
Decided on: Dec-17-2009
Navin Sinha, J.1. Heard learned Counsel for the petitioner and the State.2. The petitioner in his capacity as a daily wager claims regularization on basis of an alleged panel prepared for the purpose in 1999-2000. It is his case that a Bench of this Court in CWJC No. 8827 of 2000 and CWJC No. 4408 of 2001 had directed for their appointment from the panel by order dated 3.10.2001. While the petitioners have been denied appointment, long after in the year 2006 appointments are being made from the same panel.3. The law stands settled in : (1997) 4 SCC 88 (State of U.P. and Ors. v. Ajay Kumar) that daily wagers have no right to claim regularization. This has been consistently followed in several decisions holding that a person working on daily wages holds no post and, therefore, the question of his regularization does not arise. Regularization was not a mode of appointment. A daily wager could only apply in response to an open advertisement and be considered along with others when he may b...
Tag this Judgment!Devashish Sinha and ors. Vs. the State of Bihar and ors.
Court: Patna
Decided on: Dec-16-2009
Jyoti Saran, J.1. Heard Mr. Anand Mohan Verma, learned Counsel for the petitioner and Mr. Amrendra Narain Rai, learned Counsel appearing on behalf of the Corporation.2. The petitioners are dependants of Late Vijay Kumar Sinha who died in harness while serving under the Bihar State Food and Civil Supplies Corporation on tie post of Deputy Manager and have filed this writ petition for payment of the admissible retiral dues of their late father.3. A counter affidavit was filed on 6.4.2006 on behalf of the Corporation and in which it was stated that an mount of Rs. 1,85,153/- has been paid to the petitioners vide Cheque No. 205465 dated 28.2.2004 towards BOT amount and a further amount of Rs. 31,490/- has been paid by way of subsistence allowance admissible to the father of the petitioners for the period November, 2002 to 17.5.2003. It has been stated that an amount of Rs. 1,55,232/- being the gratuity amount, Rs. 76,888/- towards leave encashment, Rs. 55,310/- being the salary for the per...
Tag this Judgment!Satish Chandra Jha Son of Ram Chandra Jha and Vs. State of Bihar and
Court: Patna
Decided on: Dec-16-2009
Mandhata Singh, J.1. This revision application is directed against the order dated 19.3.2002 passed in Cr. Revision No. 54 of 2002 by the Sessions Judge, Bhojpur at Ara whereby he has set aside the order dated 12.2.2002 passed by Shri B.N. Jha, Judicial Magistrate, 1st Class, Ara, in Complaint Case No. 462(C) 2001 with respect to the petitioners.2. Allegation alleged is to the effect that at the first instance accused No. 1 was sitting in his office where petitioner No. 1 was also present. For him it is said that he was instigating rather encouraging co-accused Nagendra Nath Ojha. That is the first instance. For the second instance, it is said that complainant was called by petitioner No. 2 at his residence where petitioner No. 1 and accused No. 1 were also present. Petitioner No. 2 pressurized the complainant to take his report back and on refusal all the accused persons abused on the instigation of petitioner No. 2. Again accused Nos. 1 and 2 caught the hand and neck of the complaina...
Tag this Judgment!Smt. Sushila Devi Wife of Late Mundrika Prasad Vs. the State of Bihar ...
Court: Patna
Decided on: Dec-15-2009
ORDERJyoti Saran, J.1. Heard learned Counsel for the parties.2. The petitioner is aggrieved by the order passed by the respondents under which the recovery of Rs. 65,120/- had been made vide order bearing memo No. 415 dated 15.7.2005 (Annexure-11) in the light of the objection raised by the Accountant General vide letter No. 2150 dated 20.11.2003 (Annexure-9).3. Facts of the case in brief are that the petitioner is the widow of Late Mundrika Prasad who retired on 31.1.2003 from the post of Dresser from the Primary Health Centre, Durgawati, Rohtas, Sasaram and expired on 3.2.2004. The retiral benefits were paid but the respondents recovered an amount of Rs. 65,120/-, said to be the excess amount paid to her late husband by reason of incorrect pay fixation giving rise to the present proceedings.4. It is contended on behalf of the petitioner that the husband of the petitioner had submitted his pension papers for grant of post retiral benefits and the same was forwarded to the Accountant G...
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