Patna Court February 2009 Judgments
Smt. Kiran Sinha W/O Shri Umesh Chandra Singh Vs. the State of Bihar a ...
Court: Patna
Decided on: Feb-05-2009
Ramesh Kumar Datta, J.1. Heard learned Counsel for the parties.2. The petitioner has come to this Court for quashing the notice dated 11.12.2008 as also the requisition on the basis of which the said notice has been issued for considering no confidence motion against him as the Pramukh of the Panchayat Samiti.3. The first ground raised by learned Counsel for the petitioner is that the notice is contrary to Section 46 (4) of the Bihar Panchayat Raj Act, 2006, since the notice dated 11.12.2008 had fixed the date for convening the special meeting on 18.12.2008 and thus no clear seven days notice has-been given. The second ground raised by learned Counsel for the petitioner is that the reasons/charges mentioned in the requisition and the notice are vague and non-specific and thus the same is contrary to Section 44 (3) (v) of the said Act.4. So far as the second ground is concerned this Court, on a consideration of the various reasons/charges mentioned in the notice and requisition, is no...
Tag this Judgment!Baleshwar Prasad Rajak S/O Sri Krishna Rajak Vs. the State of Bihar, T ...
Court: Patna
Decided on: Feb-05-2009
C.K. Prasad, Acting C.J. and S.K. Sharma, J.1. Petitioner, respondents 4 & 5 besides the intervenors Ajay Kumar and Indrajit Bhaskar were candidates for appointment to the post of Civil Judge (Junior Division), reserved for the members of the Scheduled Caste. They have not been appointed but respondents 4 & 5 have been appointed in vacancy reserved for Scheduled Caste. Aggrieved by the same, petitioner preferred this writ application and seeks quashing of their appointment by issuance of an appropriate writ. Further prayer made by the petitioner is to issue a writ in the nature of mandamus commanding the respondent - Bihar Public Service Commission to recommend his case for appointment as Civil Judge (Junior Division) and the State Government to appoint him. Intervenors have joined the petitioner and support his case.2. Shorn of unnecessary details, facts giving rise to the present writ application are that for filling up three hundred eighteen (318) vacancies of Civil Judge (Junior D...
Tag this Judgment!Md. Sasique Son of Md. Masraf, Vs. State of Bihar and Md. Jalaluddin, ...
Court: Patna
Decided on: Feb-05-2009
Kishore Kumar Mandal, J.1. Challenge in this appeal is thrown to the judgment and order dated 19th May, 1993 recorded by learned Addl. Sessions Judge-III, Madhepura in Sessions Trial No. 120/1996 whereby and whereunder the appellants were found guilty under Sections 452 and 324 of Indian Penal Code and sentenced to undergo rigorous imprisonment for one year and 6 months respectively. The sentences have been directed to run concurrently.2. Before I proceed further, this is to be recorded that during the pendency of the appeal, learned Counsel for the appellants had produced a xerox copy of death certificate respecting appellant No. 3 Sita Ram Sah before this Court to show that the aforesaid Sita Ram Sah (appellant No. 3) had died on 23.12.2000. Under order dated 17.1.2008, a report was called for from the Superintendent of Police, Madhepura as to whether aforesaid appellant is dead or not. A report dated 19.6.2008 submitted pursuant to the order of this Court is at Flag 'A'. The Superi...
Tag this Judgment!Bikaner Plasto Flex Pvt Ltd. Through Its Director Dev Kishan Rathi Son ...
Court: Patna
Decided on: Feb-04-2009
Navaniti Prasad Singh, J.1. Heard Mr. Suraj Samdarshi for the petitioner and Shri Vinay Kirti Singh for the Electricity Board and with their consent, this application is being disposed of at this stage itself.2. The petitioner is being proceeded against in a certificate proceeding for alleged recovery of certain sums of electricity dues. Petitioner filed its objection before the Certificate Court and the Certificate Court is not deciding the objections apparently on the ground that the matters are too technical and the proceeding is pending. He has come to this Court challenging the certificate proceedings. In my view, the challenge before this Court at this stage is misconceived. In this case, it would be relevant to refer to the provisions of the Electricity Act, 2003. Under this Act, the Electricity Board is now deemed to be a distribution licensee and is bound by the obligations cast upon distribution licensee under the Act. Under Section 42(5) of the Act, distribution licensee is...
Tag this Judgment!The State of Bihar Vs. Dr. Tripti Sinha
Court: Patna
Decided on: Feb-04-2009
Dharnidhar Jha, J.Heard.1. While hearing Cr. Misc. No. 35391 of 2008, in respect of prayer for bail of an accused in Patliputra P.S. Case No. 131 of 2008, the court could confront a situation which indicated definite manipulations in the medical report. The court, during hearing of the petition, perused one of the annexed documents in its photo stat copy form, at running page 23 of the brief, which was a report of the radiologist and that had a photograph, also in photo stat copy form and that indicated as if the report related to a child. On contrasting the said radiological report and the photograph with the opinion, finally rendered by Dr. Tripti Sinha, respondent herein, the court was struck by the most important feature of the report under which the child had been reported below 14 years of age. The court had an opinion that the report was wrong and manipulated, probably created, so as to rendering benefit to the petitioner in the above noted Cr. Misc. petition in getting an orde...
Tag this Judgment!Smt. Sonma Devi Vs. Smt. Urmila Devi and anr.
Court: Patna
Decided on: Feb-04-2009
Ravi Ranjan, J.1. Heard Mr. Jitendra Kumar Verma, learned Counsel for the petitioner.2. The Office has raised points of maintainability in this matter. Its report is that the impugned order has been passed by the Civil Judge 1st (Sr. Division), Vaishali at Hajipur, under Order VII, Rule 11 of the Code of Civil Procedure (hereinafter referred to as 'the Code') and the plaint itself has been rejected. The rejection of the plaint is a decree and is covered under Sub-section (2) of Section 2 of the Code, thus, Civil Revision would not be maintainable rather appeal would lie against such order/decree.3. Learned Counsel for the petitioner contests the issue of maintainability and submits that the Court below has 'erred in deciding this matter by rejecting the plaint under Order VII, Rule 11(d) of the Code on the wrong presumption that the property was mistakenly purchased in the name of the Defendant No. 1 which, according to him, amounts to plea of benami, which is barred under Section 4 o...
Tag this Judgment!Gayanand Yadav and ors. Vs. State of Bihar
Court: Patna
Decided on: Feb-04-2009
Kishore Kumar Mandal, J.1. The present appeal arises out of and is directed against the judgment and order dated 24th April, 1993, passed in Sessions Case No. 282 of 1990, whereby the appellants have been found guilty under Sections 324/149 and 148, IPC. They have been released under Section 4 of the Probation of Offender's Act on their entering into a bond of Rs. 1000/- with one local surety of the like amount for a period of one year.2. To put the record right, it is recorded that during the pendency, of the present appeal, appellant No. 3 Ram Chandra Yadav, appellant No. 5 Bhaluk Yadav, appellant No. 10 Khedu Yadav and appellant No. 13 Satyanarayan Yadav were reported to be dead. Affidavits in this regard were filed on behalf of the appellants. This Court called for a report from the Superintendent of Police, Lakhisarai regarding the death of these four appellants. On submission of the report, this Court under order dated 3-7-2008 found that the present appeal against abovementione...
Tag this Judgment!Ranjeet Kumar -ii Son of Shri Saket Bihari Sharma Vs. the State of Bih ...
Court: Patna
Decided on: Feb-04-2009
Ramesh Kumar Datta, J.1. Heard learned Counsels for Respondent No. 8, the State Election Commission and the State of Bihar.2. The petitioner being aggrieved by the order dated 4.8.2006 passed in case No. 20/06 by the State Election Commission, has approached this Court for quashing the same.3. The stand of the petitioner is that the respondent No. 8 being a dismissed employee of the Bihar State Co-operative Land Development Bank Limited was disqualified from contesting the election to the post of member of Zila Parishad from Nardiganj-II in the district of Nawadah from which he was subsequently elected. In this regard learned Counsel for the petitioner relies upon the provision of Section 136(1)(f) of the Bihar Panchayat Raj Act, 2006 which is quoted below:136. Disqualification for Membership - (1) Notwithstanding anything contained in this Act, a person shall be disqualified for election or after election for holding the post as Mukhiya, member of the Gram Panchayat, Sarpanch, Panch ...
Tag this Judgment!Dinesh Kumar @ Dinesh Son of Nagendra Prasad Vs. State of Bihar
Court: Patna
Decided on: Feb-04-2009
Dharnidhar Jha, J.1. Heard Mr. Tarakant Jha, Senior Advocate and Mr. Dashrath Mehta, APP.2. The solitary ground for not releasing the petitioner from custody on account of his failure on the earlier occasion in Cr. Misc. 10603 of 2008 is the non-compliance of the provision of Section 437(6) of the Code of Criminal Procedure. That provision directs that in cases triable by a magistrate, an accused has to be released on bail if the trial is not brought to conclusion within a period of sixty days from the first day the case was fixed for evidence.3. Mr. Jha, learned senior counsel, appearing for the petitioner, has submitted that the petitioner is in custody since 11.11.2007 and the charges were framed against him on 2.8.2008 and thereafter the case was fixed for evidence on 14.8.2008 and it is many two months from 14.8.2008 that the petitioner is in custody and the trial has not been brought to a conclusion. It was contended that, in fact, not even a single witness has been produced by ...
Tag this Judgment!The Union of India (Uoi) Through the Secretary, Department of Mines, G ...
Court: Patna
Decided on: Feb-03-2009
1. Union of India and its officers, aggrieved by the order dated 28th January, 2008 passed by the Patna Bench of the Central Administrative Tribunal in O.A. 32 of 2007, have preferred this application and seek its quashing.2. Short facts, giving rise to the present application are; that the husband of the respondent died in harness on 23.8.1998 while working as Upper Division Clerk in the Geological Survey of India. He died leaving behind the widow, respondent herein and five minor children including two daughters. She made application for appointment on compassionate ground on Group-D post and her name was recommended for appointment by the Compassionate Appointment Committee on 23.8.2001. Later on, instructions were issued by the Director, Personnel and Training which provided for filling up 5% vacancies from direct recruitment quota on compassionate ground and it was further provided that the waiting list for compassionate appointment will last for a maximum period of three years. ...
Tag this Judgment!- ‹ Prev
- 1
- 2
- 3
- 4
- 5
- 6
- 8
- Next ›
- Last »