Patna Court March 2009 Judgments
Dr. Sunil Kumar Son of Shri Rajeshwar Tiwary and ors. Vs. the State of ...
Court: Patna
Decided on: Mar-27-2009
Sheema Ali Khan, J.1. These two writ petitions were heard together as the facts are common and the prayer in the writ petitions are also virtually the same. Hence, they have been heard together and are being disposed of by this common judgment.2. In CWJC No. 7150 of 1997 there are fifteen petitioners. Petitioner No. 15 was added by order, dated 25.11.1997 passed in I.A. No. 6662 of 1997. The prayer in the writ petition is that the respondents in the Health Department should provide facility of Training Reserve Post (for short 'the T.R.P.') to the petitioners in terms of Clause 7(v) of the Prospectus For Post Graduate Medical Evaluation Test (hereinafter to be referred as 'the P.G.M.A.T') as published in the years 1995, 1996 and 1997.3. In CWJC No. 1546 of 1998 there are ten petitioners claiming the same benefits in terms of Clause 7(v) of the Prospectus of the year 1997 published by the Department of Health, Medical Education & Family Welfare, Bihar (hereinafter referred to as the Hea...
Tag this Judgment!Scorpion Express Pvt. Ltd. Through Its Branch Incharge and Constituted ...
Court: Patna
Decided on: Mar-26-2009
Navaniti Prasad Singh, J.1. The petitioner is aggrieved by letter dated 28.11.2008 (Annexure-2) of the Additional Chief Commercial Manager, East Central Railway, Hajipur (respondent No. 5) communicating that as per the decision of the competent authority of the East Central Railways, Clause 6.4 of the agreement with the petitioner in respect of leasing of parcel van was being deleted and consequently petitioner prays that the said clause be declared to continue to be operative as a part of agreement binding the parties and monies realized by the Railways as a consequence of its unilateral decision be ordered to be refunded and/or adjusted against future liabilities.2. Railways have appeared and filed an exhaustive counter affidavit and with consent of parties, the matter was heard at length for final disposal of the writ petition at this stage itself.3. The facts are not in dispute. Railways invited tenders for leasing out space in parcel vans attached to passenger trains on round tri...
Tag this Judgment!Anil Kishore Chaudhary @ Anil Chaudhary Son of Sri Sarva Narayan Chaud ...
Court: Patna
Decided on: Mar-26-2009
Mandhata Singh, J.Heard the parties.1. A tank lorry full of diesel was searched and seized and accordingly, finding violation of Bihar Motor Spirit and High Speed Diesel Oil Dealer's Licensing Order, 1966-Clause 12 read with Motor Spirit and High Speed Diesel (Regulation of Supply and Distribution and Prevention of Malpractices) Order, 1998, a case was lodged for the offence under Section 7 of the Essential, Commodities Act.2. In such case, submission of the learned Counsel for the petitioner is that petitioner is an employee of the Firm for which diesel was being carried by the tank lorry. Owner of the firm as well as owner of the tank lorry, Narayan Prasad Sultania, approached this Court for quashing the proceeding on the ground of authority of the police officials to search and seize the diesel. Really he was in the rank of Sub Inspector not authorized for the same. Plea was accepted and proceeding against him was quashed.3. It is conceded by the learned A.P.P. also that nothing re...
Tag this Judgment!Anuj Kumar Vs. the Union of India (Uoi) and ors.
Court: Patna
Decided on: Mar-24-2009
1. This writ application has been filed by way of public interest litigation. It is stated that the petitioner is a public spirited citizen. He has approached this Court for quashing the advertisement dated 16.3.2009 contained in Annexure - 3 issued by the Commissioner, Department of Excise and Prohibition, for the purpose of settlement of Retail Country Spirit/Spice Country Spirit and Liquor Shops and Composite Shops for the year, 2009-10 for the entire State of Bihar.2. It is contended on behalf of the petitioner that since schedule for Parliamentary Election has been announced and the Model Code of Conduct has become effective from 2.3.2009, such an advertisement to conduct auction for settlement of shops of intoxicants cannot be made. It can be made only after election is declared. It is also pointed out that on earlier occasion auction was postponed and the existing settlees were allowed to continue with their shops.3. Learned Advocate General submitted that this is not a public ...
Tag this Judgment!Md. ShahabuddIn Son of Shri S.M. Hasibullah Vs. State of Bihar
Court: Patna
Decided on: Mar-24-2009
Sheema Ali Khan, J.1. The prayer in I.A. No. 178 of 2009 is to release the appellant on bail in Sessions Trial No. 67 of 2004 after the appeal was admitted on 30.05.2007 and I.A. No. 505 of 2009 has been filed for suspending the conviction and sentence under Section 389(1) of the Code of Criminal Procedure.2. The appellant is convicted to undergo rigorous imprisonment for life and a fine of Rs. 10,000/-, in default of payment of fine, the appellant has to further undergo simple imprisonment for one year for the offence which have been committed under Section 364/34 of the Indian Penal Code.3. The appellant had moved this Court during the pendency of the appeal for bail on 08.03.2007 and on 25.08.2008. While rejecting the prayer for bail on 25.08.2008, this Court had observed that on considering the earlier order and 'all the facts, the prayer for bail of the appellant is again rejected at this stage'. This Court has also directed for the expeditious hearing of the appeal.4. Before dis...
Tag this Judgment!Shesh Prasad Singh Son of Late Ramdihal Singh Vs. the State of Bihar,
Court: Patna
Decided on: Mar-19-2009
Shiva Kirti Singh, J.1. Heard learned Counsel for the petitioner and learned Counsel for the Biscomaun.2. By the impugned order dated 1-9-2000 contained in annexure-7 petitioner has been dismissed from service on the basis of a departmental proceeding in which after enquiry petitioner was found guilty of the charges.3. Although petitioner has tried to make out a case that the proceeding was not conducted in a fair manner and that copy of the enquiry report was not given to him, the allegations have been denied in the counter affidavit and the annexures to the counter affidavit as well as annexures in the writ petition show that petitioner had full notice of the departmental proceeding. He had also submitted his defence but had not put his signature thereupon. This fact was communicated to him by the enquiry officer through annexure-1. Even the reply to Annexure-A sent by the petitioner as contained in annexure-B to the counter-affidavit did not bear his signature.However, subsequently...
Tag this Judgment!Md. Sagir and Md. Mukhtar Alam Vs. State of Bihar and anr.
Court: Patna
Decided on: Mar-19-2009
Navin Sinha, J.1. Heard learned Counsel for the petitioners and the learned Counsel for the State.2. The petitioners are aggrieved by the order of cognizance dated 8.8.2005 and the order dated 7.10.2005 by which their application for discharge in a prosecution under Section 16(1)(A) of the Prevention of Food Adulteration Act, 1954 registered as CB-1/2005 corresponding to Tr. No. 2115/2005 has been rejected.3. The prosecution report is that the sample of 'Musa Ka Gul' is adulterated on basis of much more value of ash and ash insoluble in diluted Hydrochloric Acid. Further the sample was misbranded within the meaning of Section (ix) (j) & (k) of the Prevention of Food Adulteration Act, 1954 by virtue of violation of Rule 32(2) of the Prevention of Food Adulteration Rules, 1958.4. Learned Counsel for the petitioners submits that 'Musa Ka Gul' is not an item of food. Therefore, the provisions of Prevention of Food Adulteration Act have no application. The entire prosecution of the petitio...
Tag this Judgment!Ramsarup Industrial Corporation (Unit of Ramsarup Industries Limited) ...
Court: Patna
Decided on: Mar-18-2009
Navaniti Prasad Singh, J.1. These two writ petitions are in relation to tenders issued by Government of Bihar in the Department of Water Resources in relation to anti erosion work. They are basically for supply of steel wires of different diameters and, hence, two separate groups in the tender. As per the notice inviting tender, tenderers had to file their bids in two sets, as is usual, first the technical bid and then the financial bid in separate sealed envelopes. The notice inviting tender was issued on 29.12.2008. Petitioner, apart from others, obtained tender papers and submitted their bid documents on or about 15.01.2009. The technical bids were opened on 16.01.2009. On opening the technical bids, no one was informed immediately about any deficiency in their technical bid. The Tender Committee then met on 29.01.2009 for evaluation of technical bids. In the meantime, it is not in dispute that as is usual, certain unanimous complaint was received against certain tenderers as to th...
Tag this Judgment!Gazala Khatoon Wife of Quaishar Ali Khan Vs. the State of Bihar and or ...
Court: Patna
Decided on: Mar-18-2009
Ramesh Kumar Datta, J.1. Heard learned Counsel for the petitioner, learned Counsel for respondent No. 6 and learned Counsel for the State.2. The petitioner seeks quashing of the order dated 24.3.2007 passed by the Munsiff-III, Chapra in Election Case No. 5/48/2006, by which he has rejected the petition dated 3.2.2007 for recalling P.W. 4, who allegedly is the custodian of the application for recounting of votes which has not been exhibited.3. The petitioner, respondent No. 6 and 7 other candidates had contested the election on the post of Mukhiya of Olhanpur Gram Panchayat. Respondent No. 6 was declared as elected candidate. The petitioner filed the above election petition claiming that as per the actual results, the petitioner had secured 650 votes whereas respondent No. 6 had obtained only 512 votes, but on account of manipulations by the Returning Officer and other officials, respondent No. 6 was declared elected. In the election petition an allegation is made that knowing the corr...
Tag this Judgment!Ram Singhasan Jha Son of Shri Uma Jha and ors. Vs. the State of Bihar ...
Court: Patna
Decided on: Mar-16-2009
S.A. Khan, J.1. There are 35 petitioners before this Court who are seeking appointment in the district of Darbhanga under the District Magistrate and allied offices of the district. There was a Government decision that the vacancies were to be filled at the mufassil level by making appointment for which certain guidelines were laid down by a circulars dated 26.05.1987 and 19.11.1990. Eventually in the year 1992 after advertisement the Collector empanelled 474 candidates for appointment on class IV posts. The list contained names of some persons working on the post of Peon on daily wages. The petitioners claimed that they were working on daily wages in Darbhanga. The vacancies were collected from all offices in the district of Darbhanga and finally a list of 119 persons was prepared. In the mean time, the Chief Secretary of the Government of Bihar issued a letter to all the Collectors banning them from making any fresh appointments until the retrenched hands working in the consolidatio...
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