Patna Court April 2009 Judgments

Malini Kumari W/O Sri Deepak Kumar Singh Vs. Indian Oil Corporation Th ...

Court: Patna

Reported in: 2009(57)BLJR2224

ORDERAjay Kumar Tripathi, J.1. Petitioner is seeking quashing of the short-listed candidates for Kisan Sewa Kendra Dealership of Indian Oil Corporation (hereinafter referred to IOC) at Goh in the district of Aurangabad. Petitioner has alleged that a deliberate mischief has been played in matter of land verification to help respondent No. 4, the selected candidate.2. An advertisement was published on 7th December, 2005 in the Hindi newspaper known as 'Dainik Jagaran'. The advertisement was for inviting applications from all such eligible candidates for being appointed as a dealer of what is known as Kisan Sewa Kendra by IOC. The advertisement indicated various sites across the State and in the present case the issue is selection of a dealer at Goh, in the district of Aurangabad. Petitioner was one of the applicants who had applied. There are certain settled guidelines for the selection process. There are detailed parameters for which marks are awarded to the short-listed candidates whic...

Salim @ Salimuddin, Son of Late ZamiruddIn and ors. Vs. State of Bihar ...

Court: Patna

Reported in: 2009(57)BLJR2278

ORDERAbhijit Sinha, J.1. On the basis of the fardbeyan of one Nurul Hoda, impleaded herein as O.P. No. 2, recorded at the Refral Hospital, Barsoi, at about 11.30 A.M. on 13.5.2007 in respect of an occurrence which took place earlier that day at about 7 A.M., Barsoi P.S. Case No. 58 of 2007 was registered under Sections 307, 379, 324 and other allied sections of the Penal Code against 1) Aminuddin, 2) Jahiruddin, 3) Salim, 4) Mojahid, 5) Ahmad, 6) Mohammad, 7) Mohsin, 8) Nuruddin and 9) Md. Faiyak. Out of these accused Salim, Mojahid, Mohammad, Mohsin @ Md. Mohsin Alam, Nuruddin and Md. Faiyak surrendered before the learned Chief Judicial Magistrate, Katihar on 30.5.2007 and were enlarged on bail on that very day. The remaining three followed suit on 13.6.2007 and were also released on bail on that day.2. Aggrieved by the said orders the informant approached the Sessions Court at Katihar vide Cr. Misc. No. 32 of 2007 and Cr. Misc. No. 34 of 2007 impugning the orders dated 30.5.2007 and ...

Ram Prakash Sharma S/O. Late Sheo Kumar Sharma and ors. Vs. the State ...

Court: Patna

Reported in: 2009(57)BLJR2264

ORDERAbhijit Sinha, J.1. This application for quashing is directed against order dated 3.7.2006 passed by the learned Sub Divisional Judicial Magistrate, Muzaffarpur (East) in connection with Kazi Mohamadpur P.S. Case No. 187 of 2002 registered under Sections 498A/34 IPC and 3/4 Dowry Prohibition Act, whereby the learned Magistrate has been pleased to reject the petition of the petitioners dated 22.4.2006 in an arbitrary and mechanical manner without applying his judicial mind.2. It appears that on the basis of a handwritten report submitted by one Ragini Sharma, impleaded herein as O.P. No. 2, the aforesaid police case was registered against 9 FIR named accused under Sections 384, 316, 498A/34 IPC and Section 3/4 Dowry Prohibition Act on the statement that the complainant had been married to one Sanjeev Kumar Sharma on 1.12.2000 whereat considerable ornaments and other gifts were given. It was alleged that on 5.12.2000 her husband and the in-laws started making a demand for presentati...

Official Liquidator, High Court Vs. Mahendra Prasad and anr.

Court: Patna

Reported in: [2010]153CompCas354(Patna)

S.N. Hussain, J.1. Heard learned Counsel for the official liquidator as well as learned Counsel for Sri Mahendra Prasad, who was one of the petitioners filing this company petition but after winding up order has been relegated as defendant No. 1.2. This company petition had been filed on December 10, 1998, by Sri Mahendra Prasad, his wife and three sons and Mahendra Prasad and Sons, Hindu undivided family through its karta, Sri Mahendra Prasad under the provisions of Section 433(e) and (f) read with Section 439(3) and (4) of the Companies Act, 1956 (hereinafter referred to as 'the Act' for the sake of brevity) praying that Shree Vishnu Roller Flour and Oil Mills P. Ltd. (hereinafter referred to as 'the company under liquidation') may be wound up under the provisions of the Act and that any other order found just and proper be passed. In the said company petition, the company under liquidation was made opposite party No. 1, whereas Sri Naresh Kumar, the full brother of Sri Mahendra Pras...

Jan Chowkidar (People's Watch) through Dr. Suman Lal, Vs. the State of ...

Court: Patna

Reported in: 2009(57)BLJR2213,(2009)IVLLJ890Pat

J.B. Koshy, C.J. and Ravi Ranjan, J.1. This writ petition has been filed as a public interest litigation raising two fold contentions. The first contention is that continuation of strike by the government servants in Bihar is illegal and for which an appropriate action is required to be taken against them and the second contention is that considering the global financial meltdown and economic condition of the country the salary of the government servants should not be increased.2. Concerted refusal under a common understanding by a group of employees constitute strike. Strike usually used as a weapon directly against the employer for redressal of the grievances of the employees. This right to strike without violating law and service conditions is not banned. In Morgan v. Fry 1968 3 WLR 506 Lord Denning MR observed as follows:The nature, of the right of strike is such as in my view, cannot be abridged or taken away, save in strict conformity with the provisions of the statute providing ...

Awahesh Mishra Alias Sri Awadhesh Mishra and anr. Vs. State of Bihar

Court: Patna

Reported in: 2009CriLJ3886

Sheema Ali Khan, J.1. The two appellants before this Court have challenged the judgment of conviction delivered on 16th January, 1998 by the 6th Additional Sessions Judge, East Champaran, Motihari convicting them to undergo simple imprisonment for five years for the offences under Section 3 of the Explosive Substances, Act (herein- after referred to as 'the Act') and simple imprisonment for five years for the offences under Section 4 of the Act and also to pay fine of Rs. 2,000/-, in default of which further to undergo simple imprisonment for two months.2. The prosecution case is that the informant was sleeping in the night in his AANGAN along with other family members and suddenly he heard sound of the bomb explosion and felt that he had received pellet type injury. The informant does not name any one in the First Information Report. The names of the appellants transpired subsequently in the further statement before the Investigating Officer under Section 161 of the Code of Criminal P...

Smt. Kanti Devi Srivastava Wife of Sri Raj Ballabh Prasad Vs. the Stat ...

Court: Patna

Ajay Kumar Tripathi, J.1. Petitioner wants quashing of the order contained in Memo No. 3167 dated 9.10.2003 (Annexure-4 to the writ application). By virtue of this order the claim of the petitioner to include her past service rendered by her under aided school, namely, Ganga Devi Arya Kanya Middle School, Sahebganj, Chapra between 2.4.1964 to 25.3.1973 has not been taken into consideration and in fact has been rejected by the respondents by the impugned order.2. Petitioner retired as Assistant Teacher on 31.1.2003 from the Primary School, Dahiyawan Tola, Mathia, in Chapra Town, Chapra. Post retirement, when the pension of the petitioner was not finalised she was compelled to file a writ, namely, C.W.J.C. No. 9061 of 2003. During the pendency of the writ application the petitioner's sanction for pension was forwarded to the Accountant General and pension and gratuity came to be sanctioned by the Accountant General, Bihar on 22.10.2003 treating the service of the petitioner with effect ...

Ramashray Singh S/O Late Bhaju Singh, Vs. the State of Bihar,

Court: Patna

Reported in: 2009(57)BLJR2498

Ajay Kumar Tripathi, J.1. Heard learned Counsel for the petitioners, learned Senior counsel representing the opposite parties as well as learned APP for the State.2. This application under Section 482 of the Code of Criminal Procedure has been filed seeking quashing of the order dated 7.7.2006 which has been passed by learned Sessions Judge, Patna in Criminal Revision No. 402 of 2006 rejecting the revision application which in turn has challenged the order dated 8.2.2006 passed by learned Sub-Divisional Magistrate, Masaurhi in case No. 187 of 2005 by virtue of which certain land belonging to the petitioners was ordered to be attached under Section 146(1) of the Code of Criminal Procedure.3. Some background to the present dispute is that opposite party Nos. 2 to 4 filed an application before the Sub-Divisional Magistrate, Masaurhi on 10.2.2005 for initiation of a proceeding under Section 144 of the Code of Criminal Procedure because they apprehended breach of peace in respect of the lan...

Magadh University Post Graduate Teachers Association Vs. the Bihar Sta ...

Court: Patna

J.B. Kosy, C.J.1. Petitioners in these two writ petitions, pray for restraining the respondents from posting the petitioners or University teachers on election duties for the ensuing Lok Sabha election. CWJC No. 4168 of 2009 is filed by Magadh University Post Graduate Teachers Association, Bodh Gaya. CWJC No. 4374 of 2009 is filed by the teachers of the College affilitated to Magadh University. A supplementary affidavit is also filed today in Court adding further grounds in the writ petitions. Since the election is nearing, the matter was heard and the learned Counsel for the Election Commission submitted that he is ready to argue the matter even though supplementary affidavit is filed and served today in the morning.Heard both sides.2. Section 159 of the Representation of the Peoplect, 1951 (in short 'the Act), directed the District Election Officer to make available for election work staff of certain establishments. Section 159 of the Act is as follows:159. Staff of certain authoriti...

Smt. Kanti Devi Srivastava Wife of Sri Raj Ballabh Prasad Vs. the Stat ...

Court: Patna

Reported in: 2009(57)BLJR1629

Ajay Kumar Tripathi, J.1. Petitioner wants quashing of the order contained in Memo No. 3167 dated 9.10.2003 (Annexure-4 to the writ application). By virtue of this order the claim of the petitioner to include her past service rendered by her under aided school, namely, Ganga Devi Arya Kanya Middle School, Sahebganj, Chapra between 2.4.1964 to 25.3.1973 has not been taken into consideration and in fact has been rejected by the respondents by the impugned order.2. Petitioner retired as Assistant Teacher on 31.1.2003 from the Primary School, Dahiyawan Tola, Mathia, in Chapra Town, Chapra. Post retirement, when the pension of the petitioner was not finalised she was compelled to file a writ, namely, C.W.J.C. No. 9061 of 2003. During the pendency of the writ application the petitioner's sanction for pension was forwarded to the Accountant General and pension and gratuity came to be sanctioned by the Accountant General, Bihar on 22.10.2003 treating the service of the petitioner with effect f...