Patna Court August 2009 Judgments
Bharat Prasad, Vs. the State of Bihar and ors.
Court: Patna
Decided on: Aug-27-2009
Ravi Ranjan, J.1. . IA. No. 1497/2006 has been filed on behalf of the petitioners for expunging the name of the petitioner No. 1, Dhaneshwar Rai, who died on 21.9.2005, leaving behind him the heirs and legal representatives, as described in paragraph 1 of this interlocutory application.2. Heard learned Counsel for the petitioners, learned for the State and learned Counsel appearing on behalf of the respondents No. 5 and 6.3. The respondents have not raised any objection to the aforesaid interlocutory application. I.A No. 1497/2006 is, thus, allowed. Let the name of the deceased petitioner No. 1, Dhaneshwar Rai be expunged from the array of parties and in his place the names of his heirs and legal representatives, as described in paragraph 1 of the interlocutory application be substituted.4. The legal representatives of deceased petitioner No. 1 have already entered appearance by filing Vakalatnama. Let the Vakalatnama filed on their behalf be accepted.5. Now I proceed to consider this ...
Tag this Judgment!Dr. M. Azimullah S/O Shri Md. Izhar HussaIn Vs. the Vice Chancellor, P ...
Court: Patna
Decided on: Aug-26-2009
Mridula Mishra, J.1. Heard the counsels for the petitioner, the State, Patna University and counsel representing the private respondent 6, 7 and 8.2. Question for consideration in the present writ application relates to inter se seniority of petitioner vis-a-vis respondents 6, 7 and 8. The petitioner has assailed the recommendation made by the Bihar State University (Constituent Colleges) Service Commission (hereinafter referred to as, 'the Commission') vide it's order, dated 04.01.2002, whereby names of four persons, including the petitioner were recommended for merit promotion against three posts of Reader available for promotion. Petitioner has alleged that the recommendation has been made on fortuitous ground of seniority, on the basis of date of joining on the post of Lecturer.3. The names of petitioner, along with respondents 6, 7 and 8, were recommended by the Commission for appointment on the post of Lecturer in Urdu, vide Notification No. G/14470-502, dated 07.05.1987. The nam...
Tag this Judgment!Dina Mahabir Re-rollers Private Ltd., a Company Incorporated Under the ...
Court: Patna
Decided on: Aug-25-2009
1. Heard learned Counsel appearing for the parties.2. In this writ petition the petitioner has prayed for the following reliefs:(i) For quashing of the letter dated 29.04.2009 issued by the respondent No. 4, the Assistant Director whereby and whereunder the respondent has virtually denied the issuance of Xerox copies of the documents seized in course of inspection dated 25.03.2009.(ii) For quashing of summons all dated 09.04.2009 and 29.04.2009 illegally and repeatedly issued by respondent No. 4 to the employees of the petitioner Company wholly without jurisdiction.(iii) For a direction to the respondent authorities to provide xerox copies of all the documents illegally seized along with the statement of persons which was taken under coercion and duress by the respondent authorities in course of illegal search and seizure dated 25.03.2009, so far as it relates to the petitioner company.(iv) For a declaration that the seizure of the documents/records of the petitioner Company is unautho...
Tag this Judgment!Prof. Vijay Kumar Singh, President, A.M. Colleged Teachers Association ...
Court: Patna
Decided on: Aug-25-2009
Samarendra Pratap Singh, J.1. Both C.W.J.C. No. 6637/09 & 8806/09 are taken up together.2. Petitioners of C.W.J.C. No. 6637/09 are president and secretary of Teachers Association as well as president and secretary of non teaching staff of A.M. College, Gaya, a constituent unit of Magadh University, Bodh Gaya, Bihar (in short the University) respectively. Petitioner No. 1 in C.W.J.C. No. 8806 of 2009 is the college through its principal and petitioner No. 2 is the principal of the same college by post.3. Petitioners pray for quashing notification dated 13.11.2008 and 14.11.2008 as well as the award dated 26.2.2009 prepared under Section 11 of the Land Acquisition Act (in short the Act) in land acquisition case No. 2 of 2008-09.4. The notification dated 13.11.2008 was issued under Section 17 of the Act for acquisition of land in question, which is an emergent provision. The notification dated 14.11.2008 has been issued under Section 6 of the Act.5. Facts of the case in short is as follow...
Tag this Judgment!Guja Paswan, Vs. State of Bihar
Court: Patna
Decided on: Aug-25-2009
Mandhata Singh, J.1. Cr. Appeal No. 252 of 2001 has been filed against the judgment and order of conviction dated 20.7.2001 passed by Shri Subhash Kumar Singh, 5th Additional Sessions Judge, Begusarai while Cr. Revision No. 794 of 2001 has been filed against the aforesaid order of the said case on the point of sentence that the sentence awarded to accused persons is not sufficient, so both the appeal as well as this revision have been heard together and are being disposed of by this common judgment.2. The prosecution case, in brief, initiated on the statement of Laxmi Prasad Sahu, injured is that he was working as a Helper in Barauni Oil Refinery, on the day of occurrence he was lying on a cot in his room after taking his meal at Mungeriganj. In the meantime, a jeep came, stopped in front of his house. One of the occupants came from the jeep and called him. He opened the door, came out from his room and identified the person calling him as Gujo Paswan. Two of the persons in jeep were a...
Tag this Judgment!Bara Bazar Hat Vyavasayik Vs. the State of Bihar and ors.
Court: Patna
Decided on: Aug-25-2009
Samarendra Pratap Singh, J.1. The petitioners are aggrieved by Letter No. 295 dated 26.9.2007 contained in Annexure-5 whereby they have been directed to make an agreement for payment of higher rate.2. The case of the petitioners is that the authority would charge only ground rent and not for the structure. It is further pointed out that the Hats and Bazar which were earlier settled by the Revenue Department, has now been transferred to the Marketing Board.3. Counsel for the petitioner has drawn the attention of this Court to Letter No. 247 dated 24.2.1981 to show that the Finance Department directed to collect the ground rent on old rate. It is further submitted that this Court in C.W.J.C. No. 5675 of 2007 observed that rent could be charged for land only.4. A counter affidavit has been filed on behalf of respondent No. 6.5. He has drawn the attention of this Court to decree in Eviction Suit No. 14 to 23 of 1992 in respect of the premises in question. It is submitted that the suit was ...
Tag this Judgment!Shanti Steels Through Its Proprietor, Amar Kumar Agrawal Son of Shri S ...
Court: Patna
Decided on: Aug-25-2009
ORDERSamarendra Pratap Singh, J.1. As the issues raised in these five writ petitions namely C.W.J.C. Nos. 16359 of 2008, 16378 of 2008, 16551 of 2008, 19081 of 2008, 4432 of 2009 and 593 of 2009 are common, they are taken up for disposal together.2. In these writ petitions, the petitioners pray refund of the entire amount deposited by them in bid with interest at market rate, as Railways failed to deliver the auctioned materials in time.3. The petitioners are proprietary concerns engaged in sale and purchase of Railways scraps and other materials. Railways from time to time have been holding auction of its scraps and other waste materials, which are held at different places. The sale and purchase is governed by auction notice as well as Standard Conditions of Auction Sales. The auction notice and Standard Conditions of Auction sales have been annexed as annexures both by petitioners as well as by the Railways.4. It is not in dispute that the petitioners were declared highest bidder in ...
Tag this Judgment!Ram Ratan Sharma Husband of deceased Phulpato @ Ful Pato and son of La ...
Court: Patna
Decided on: Aug-24-2009
Ravi Ranjan, J.1. I.A. No. 61/2009 has been filed for expunging the name of the sole petitioner, Phulpato Devi @ Ful Pato, who died on 11.12.2008 and for substituting her heirs and legal representatives, as described in paragraph 3 of the interlocutory application.2. Heard learned Counsel for the petitioner, learned Counsel for the State and learned Counsel appearing on behalf of respondents No. 5 to 7.3. The respondents did not raise any objection to the aforesaid prayer made on behalf of the petitioner.4. I.A. No. 61/2009 is, thus, allowed. Let the name of the deceased sole petitioner be expunged from the array of parties and, in her place, the names of her heirs and legal representatives, as described in paragraph 3 of the interlocutory application be substituted.5. The newly added heirs and legal representatives of the deceased sole petitioner have already put in their appearance by filing Vakalatnama.6. Now, I proceed to consider and dispose of this writ application.7. The petitio...
Tag this Judgment!Ranjeet Kumar Vs. the State of Bihar and ors.
Court: Patna
Decided on: Aug-24-2009
Samarendra Pratap Singh, J.1. Heard the learned Counsel for the parties.2. The petitioner was granted temporary license for Video Cinema Hall vide Licence No. 5/92 dated 3.2.93. This license had been renewed from time to time. The petitioner moved this Hon'ble Court vide C.W.J.C. No. 10378 /07. It is stated that the petitioner had got necessary no objection certificates, as contemplated under Rule 12 of the Bihar Cinema Regulation Rules as well as the approval of the State Government.3. In the aforesaid writ application this Court observed that once no objection certificate and approval of the State Government is received, non-renewal of license does not only mean that the petitioner has suffered but the State exchequer has suffered also. This Court in the aforesaid circumstances directed the Collector to renew the license within 15 days of production of a copy of this order. The Court also observed that if there is any specific reason for not renewing the same, a communication should ...
Tag this Judgment!Pratibha Prasad W/O Late Krishna Bihari Sharan Vs. the State of Bihar ...
Court: Patna
Decided on: Aug-24-2009
Ajay Kumar Tripathi, J.1. By virtue of the order passed on 17.2.2009 in CWJC No. 11763 of 2008 by the High Court the order contained in annexure-1 has come to be passed by the Municipal Commissioner of Patna Municipal Corporation. The dispute relates to construction of sump house by the municipal authority with cooperation of Bihar State Water Board in the portion of a park of Co-operative Society which is known as Aarakshi Karmcharigan Sahkari Grih Nirman Samittee Ltd. (hereinafter refereed to as the Society). The order passed by the Municipal Corporation has irked the petitioner to challenge the same in the present writ application which is annexed as annexure-1 to the writ application.2. From the pleadings and the materials brought on record it is long drawn battle initiated by the petitioner with the handful persons who do not want the sump house to be constructed in a portion of the land which has been earmarked as a park by the said Society. Submissions are many which will be sub...
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