Patna Court February 2009 Judgments
Akshat Chaitanya Vs. Chanakya National Law University,
Court: Patna
Decided on: Feb-13-2009
Navin Sinha, J.Heard learned Counsel for the petitioner and learned Counsel for Chanakya National Law University.1. No one appears on behalf of Respondent No. 4. Notice of the pendency of the present proceeding was directed to be served on it through a private courier. The petitioner has filed a supplementary affidavit on 9.9.2008 showing proof of despatch by Blue Dart Express Ltd. as also the computerized tracking details confirming delivery on 29.8.2008 upon Respondent No. 4. The Chanakya National Law University has also filed an affidavit that intimation of pendency of the present case has been sent by it to Respondent No. 4 by Email on 10.1.2009. Respondent No. 4 is, therefore, now well aware of the present proceeding. It has chosen not to enter appearance to contest or oppose the claims of the petitioner.2. The Chanakya National Law University is one of the few Law Universities conducting a five year law course which selects and grants admission through a common law admission tes...
Tag this Judgment!Srikant Chaudhary, Vs. the State of Bihar and ors.
Court: Patna
Decided on: Feb-12-2009
Samarendra Pratap Singh, J.1. All the three writ application, namely, Cr.W.J.C. No. 172/07, Cr.W.J.C. No. 907/07 and Cr.W.J.C. No. 96/08 are taken up together as all of them pertain to seek common relief quashing the prosecution against them arising out of Begusarai Town P.S. Case No. 144 of 2007 under Sections 406, 420, 467 and 468 of the I.P.C. instituted on 9.2.2007.2. One Sri Kant Choudhary, father of Smt. Rashmi Choudhary, original complainant, filed Cr.W.J.C. No. 172/07 whereas one Sheo Kumar Singh who is Passing Officer of the State Bank of India, Branch Manager, Barauni Reginery, Township Branch, filed Cr.W.J.C. No. 907/07 and one Sushil Aind @ Sushil Anand who is the Cashier of the same Branch, has filed Cr.W.J.C. No. 96/08.3. The Branch Manager of the said Bank lodged the aforesaid case against petitioner for fraudulent withdrawal of money from the joint accounts of her daughter Rashmi Chaudhary and her husband, Anant Kumar Choudhary. He stated that Rashmi Choudhary has two ...
Tag this Judgment!Kailash Prasad Son of Late Jagannath Prasad Vs. the State of Bihar and ...
Court: Patna
Decided on: Feb-12-2009
Shailesh Kr. Sinha, J.1. The petitioner is aggrieved by the notice dated 7.5.2003, issued by the District & Sessions Judge, Katihar (respondent No. 4), as contained in Annexure 8, directing him to deposit a sum of Rs. 18,134.13 consequent upon rejection of his representation against the order of recovery for the aforesaid amount on account of loss of books from the Library of the Civil Court at Katihar during the period the petitioner was in-charge of the Library for being the Seristedar of the office of the District & Sessions Judge, Katihar.2. The short facts of the case are that the petitioner was Seristedar in the Civil Court at Katihar between the period 1.3.1990 to 31st of October, 1996. While working as Seristedar, the petitioner was also the In-Charge of the Library of the Civil Court. During the above incumbency of the petitioner, 579 books of the Library worth Rs. 18,134/- were found missing. The matter was enquired as mentioned in letter No. 535 dated 24.6.2000 (Annexure 2)...
Tag this Judgment!Dharmbir Kumar Son of Sri Surendra Rai Vs. the State of Bihar and ors.
Court: Patna
Decided on: Feb-11-2009
Ramesh Kumar Datta, J.1. Heard learned Counsel for the petitioner, learned Counsel for respondent Nos. 5 and 11 and learned Counsels for the State and the State Election Commission. Despite service of notices, the other respondents have not entered appearance.2. The writ application has been filed for quashing the order dated 23.7.2007 passed by the Munsif, Vaishali at Hajipur in Election Case No. 69 of 2006, by which he has transposed respondent Nos. 13 and 14 from the category of defendants to plaintiffs.3. The election petition was filed by respondent No. 5, Bhadai Paswan, for setting aside the election of respondent No. 6, Ram Murti Prasad, as Mukhiya of the Kanchanpur Gram Panchayat. After filing the written statements, an application was filed by respondent No. 6 that since the opposite party Nos. 9 and 10 had supported the stand of the election petitioner in their written statements, hence, they should be transposed as petitioners second party. The same was allowed by the learn...
Tag this Judgment!interlink Coal Private Limited, a Company Incorporated Under the India ...
Court: Patna
Decided on: Feb-11-2009
Navaniti Prasad Singh, J.1. Both these two writ applications are by the same Company against the same respondents and in relation to similar work involving the same dispute and, as such, with consent of parties, have been taken up together and heard for final disposal on merits at this stage itself.2. The dispute essentially is with regard to compensation payable in relation to cost escalations during period of contract. Petitioner wants implementation of the policy of Railway Board dated 28.09.2007 which, under certain circumstances, removed barrier on price escalation, the agreement amongst parties being subsequent thereto and the Railway contends that the policy would apply only to future contracts thereby meaning to tenders which are floated after policy.3. As the facts are similar in both the writ petitions, in material particulars relevant for decision, the facts of the first case being CWJC No. 16459 of 2008 are being noted in detail. The two writ petitions, for the sake brevit...
Tag this Judgment!Suresh Prasad Singh Vs. the State of Bihar and ors.
Court: Patna
Decided on: Feb-11-2009
Navin Sinha, J.1. Heard learned Counsel for the petitioner and the State.The petitioner is aggrieved by the order dated 9.2.1990 and the consequential orders dated 3.2.2000, 28.9.2001 and 19.2.2002 which are the order of punishment and the appellate and memorial orders.2. Learned Counsel for the petitioner submits that the order dated 5.5.1988 was bad inasmuch as it treats him under retrospective suspension with effect from 16.4.1984; that there could be no retrospective order of suspension.3. The petitioner appears to have gone on leave without sanction. He applied for subsequent sanction which appears to have been granted when it was discovered that he has concealed that during this period of absence he had been taken into custody in a private dispute on 16.4.1984 and was released on 17.4.1984. For this act of his, of concealment, he was proceeded with departmentally. In the departmental enquiry he was held guilty of concealment and it was held that he was not entitled to the suspen...
Tag this Judgment!Bengali Singh (Huf) Through Bengali Singh Vs. Commissioner of Income T ...
Court: Patna
Decided on: Feb-11-2009
1. The rental income of a large building 'Sumitra Sadan' was being shared by eight persons and each of them used to file separate Income Tax Returns showing himself as part owner of the building in relation to his share in such rental income. One of such eight owners, Sumitra Devi filed such returns for the Assessment Year 1991-92 to 1997-98 which were accepted. Subsequent thereto for the Assessment Year 1998-99, on scrutiny of return of Sumitra Devi, it was found that she was not the part owner of the building but the real owner of the building was the review-petitioner/appellant, Hindu Undivided Family. On such finding notice under Section 147 of the Income Tax Act, 1961 was issued and thereupon under Section 143 of the Act, the assessment of the income of such building for the relevant years was assessed in the hands of the appellant/review-petitioner citing him as the owner' of the building.2. The appellant had contended disruption of Hindu United Family on the basis of the family...
Tag this Judgment!Raghwendra Singh Son of Late Yogendra Singh Vs. the State of Bihar and ...
Court: Patna
Decided on: Feb-11-2009
Ramesh Kumar Datta, J.1. Heard learned Counsel for the petitioner and learned Counsel for the State.2. The petitioner seeks quashing of the order contained in memo No. 2547 dated 9.12.2005 (Annexure-6) passed by the Director, Primary Education, by which he has rejected the claim of the petitioner for appointment on compassionate ground since the petitioner does not possess the training qualification.3. The petitioner's father, late Yogendra Singh was working as Assistant Teacher in Government Aided Middle School, Hariharpur Khurd and while in service, he died on 29.12.1998. The petitioner applied for appointment on compassionate ground. The case of the petitioner was recommended by the District Superintendent of Education in the year 1999, but no decision having been taken by the superior authorities, the petitioner approached this Court by filing C.W.J.C. No. 11377 of 2003, which was disposed of by order dated' 19.3.2004 with a direction that the case of the petitioner should be disp...
Tag this Judgment!Sanskrit Shastra Sanrakshan Manch Through Its Chairman Namely, Dr. Vir ...
Court: Patna
Decided on: Feb-11-2009
C.K. Prasad, ACJ and S.K. Sharma, J.1. This application has been filed for issuance of a writ in the nature of quo-warranto for quashing the notification dated 15.09.2008 appointing respondent No. 7 as the Chairman of the Bihar Sanskrit Shiksha Board.2. According to the petitioner, respondent No. 7 is not fit to be appointed as Chairman of the Bihar Sanskrit Shiksha Board (hereinafter referred to as the Board) as he does not possess the qualification as contemplated under Section 8(1) of the Bihar Sanskrit Shiksha Board Act 1981. It has been pointed out that petitioner is neither an eminent scholar of Sanskrit learning and education nor he was ever attached with the teaching work and imparted education in any school/college/university. According to the petitioner, a candidate shall be eligible for appointment only, if he is reputed scholar in Sanskrit learning having interest in Sanskrit education and in this connection reference has been made to Section 8 of the Bihar Sanskrit Educat...
Tag this Judgment!Ashok Kumar, Son of Sri Ramchandra Sah Vs. the State of Bihar and ors.
Court: Patna
Decided on: Feb-10-2009
Shiva Kirti Singh and Jayanandan Singh, JJ.1. Heard the parties in respect of all these five Letters Patent Appeals.2. The orders of the learned Single Judge dismissing the writ petitions filed by the appellants are under challenge in these appeals. In all these cases which relate to appointment to Class III or Class IV posts in the Notified Area Committee, Fatwa, District Patna, the question is - whether appointment of the writ petitioners on daily wage basis or on ad hoc basis or on proper pay scale but without following mandates of Articles 14 and 16 of the Constitution of India and the rules of appointment will confer the petitioners with right to hold the posts as permanent employees or not. In some cases there is an additional issue as to what would be the effect of such employees being declared regularized in services soon after their entry in the manner noticed above.3. The writ court in these cases has dismissed the writ petitions by holding that since the constitutional prov...
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