Patna Court December 2010 Judgments
Union of IndiA. Vs. the Central Administrative Tribunal.
Court: Patna
Decided on: Dec-22-2010
1. The Union of India through the Ministry of Home Affairs, New Delhi has preferred this writ petition with twin prayers. The first prayer is to quash judgment and order of the Central Administrative Tribunal, Patna Bench (hereinafter referred to as the Tribunal) dated 25.2.2008 contained in Annexure-4 whereby O.A. No.279 of 2001 preferred by the respondent second set applicant was allowed, a communication dated 3.3.2001 rejecting the representation of the applicant for being given 1986 as the year of allotment in Indian Police Service (IPS) was set aside and the Secretary to the Government of India, Ministry of Home Affairs, New Delhi was directed to consider afresh the case of the applicant for being allotted the year 1986 in the IPS. The second prayer is for quashing of order dated 25.8.2009 passed by the Tribunal in exercise of contempt jurisdiction in CCPA No.02 of 2009, contained in Annexure- 7. By this order, the Tribunal has held that there has been a willful disobedience of th...
Tag this Judgment!Shiv Shankar Sao. Vs. State of Bihar.
Court: Patna
Decided on: Dec-22-2010
1. The sole petitioner, while invoking inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, has prayed for quashing of an order dated 14.10.1999 passed by Special Judge, Essential Commodities Act, Buxar in E.C. Case No.10 of 1998. By the said order, learned Special Judge has rejected the discharge petition of the petitioner.2. Short fact of the case is that on the basis of fardbyan of one Shiv Nath Paswan, driver of a Tractor, an F.I.R. vide Simri P.S. Case No.92 of 1998 was registered under Section 420 of the Indian Penal Code and Section 7 of the Essential Commodities Act. It was disclosed by the informant that his co-villager had asked him to carry out 19 bags of wheat and 8 bags of rice to Brahampur Mill, which he had purchased from one Shiv Shankar Sao @ Khatai Sao. Thereafter, while he was carrying the sand bags of wheat and rice, police party intercepted the Tractor and food grains kept in the bags, having label of B.S.F.C., were seized by the...
Tag this Judgment!Kaushal Kumar VermA. Vs. State of Bihar, and ors.
Court: Patna
Decided on: Dec-21-2010
1. The present writ application is for issuance of a writ in the nature of mandamus commanding the respondent-State to sanction and pay the full pension and gratuity admissible to the petitioner upon his superannuation while in deputation with the respondent- Bihar State Housing Board (hereinafter referred to as the Board).2. It is an admitted position between the parties that the respondent-State has paid the provident fund dues (G.P.F.) and the maturity value of the group insurance. The respondent-Board has paid the admissible amount on account of the leave encashment.3. The relevant facts are as follows:The petitioner was initially appointed as temporary employee on the post of Work Sarkar by the Department of Housing, Government of Bihar on 06.03.1968 (Annexure-1). Subsequently, the services of the petitioner along with others were sent on deputation to the Board on 7th September, 1972 vide Annexure-2 with stipulation that the Government order would be issued separately with regard...
Tag this Judgment!Kishleshwar Upadhyay, and ors. Vs. State of Bihar.
Court: Patna
Decided on: Dec-21-2010
1. This appeal is directed against the judgment of conviction dated 26th February 2005 and order of sentence dated 28th February 2005 of the Additional Sessions Judge cum-F.T.C.III, Rohtas at Sasaram passed in Sessions Trial No. 266 of 1996/451 of 2003, whereby the appellants have been convicted u/s 304(B) and 201 IPC and respectively sentenced to undergo R.I. for 10 years and R.I. for 2 years.2. Deceased Meera Devi was sister of informant Kanhaiya Pandey (P.W.3). The prosecution commenced with the fard-beyan of informant Kanhaiya Pandey which was recorded on 27th December 1994 at 4:00 P.M. at Sirhi Police out Post by S.I. B.P. Yadav (P.W.2), whose evidence has been subsequently recorded u/s 391 Cr.P.C. under the direction of this Court.3. The informant alleged in his fard-beyan (Ext-1 & 2) that he had married his sister (deceased) aged about 18 years, about 4 years ago to appellant Kishleshwar Upadhyay and that she had gone to her matrimonial home (Sasural) in the month of December 19...
Tag this Judgment!Kunj Bihari Pandey. Vs. State of Bihar.
Court: Patna
Decided on: Dec-16-2010
1. The two appeals arising out of judgment delivered on 06th March, 2003 in Sessions Trial No. 381 of 2001 passed by learned Sessions Judge, Rohtas at Sasaram, wherein the appellants were charged under Section 302/34 of the Indian Penal Code and appellant Kunj Bihari Pandey was also specifically charged under Section 302 of the Indian Penal Code and 27 of the Arms Act and accordingly, they have been convicted and sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs. 10,000/- each for the offences under Sections 302 and 302/34 of the Indian Penal Code and total amount are directed to be awarded as compensation to the wife of the deceased and in case of failure they are to suffer additional term of one year rigorous imprisonment besides appellant Kunj Bihari Pandey was further sentenced to undergo rigorous imprisonment for seven years under Section 27 of the Arms Act.2. Prosecution case in brief as reveal from Exhibit-2 i.e. fardbeyan of P.W. 10 Sheo Kumar Singh re...
Tag this Judgment!The State of Bihar. Vs. Surendra Yadav.
Court: Patna
Decided on: Dec-15-2010
1. Sessions Trial No. 328 of 2006 and Sessions Trial No. 16 of 2009, arising out of Sikandara (chandradeep) P.S. case No. 42 of 2006 were conducted analogous by Sessions Judge, Jamui, framining charge against all accused under Section 302/34 of the Indian Penal Code. The trial Court by judgment and order dated 17.4.2010 has convicted all accused- appellants under Section 302/34 of the Indian Penal Code. Appellants Surendra Yadav alias Shailendra Prasad and Preman Yadav were awarded sentence of death and directed to be hanged by their neck till they are dead. But other appellants have been sentenced R.I. for life and fine of Rs.50,000/- and in default of payment of fine S.I. for six months. The District and Sessions Judge, Jamui had made reference for confirmation of death sentence under Section 366 of the Code of Criminal Procedure, as such Death Reference and criminal appeals were heard analogous and being decided by a common judgment.2. Nepali Yadav is the informant of Sikandara (Cha...
Tag this Judgment!Preman Yadav. Vs. State of Bihar.
Court: Patna
Decided on: Dec-15-2010
1. Sessions Trial No. 328 of 2006 and Sessions Trial No. 16 of 2009, arising out of Sikandara (chandradeep) P.S. case No. 42 of 2006 were conducted analogous by Sessions Judge, Jamui, framining charge against all accused under Section 302/34 of the Indian Penal Code. The trial Court by judgment and order dated 17.4.2010 has convicted all accused- appellants under Section 302/34 of the Indian Penal Code. Appellants Surendra Yadav alias Shailendra Prasad and Preman Yadav were awarded sentence of death and directed to be hanged by their neck till they are dead. But other appellants have been sentenced R.I. for life and fine of Rs.50,000/- and in default of payment of fine S.I. for six months. The District and Sessions Judge, Jamui had made reference for confirmation of death sentence under Section 366 of the Code of Criminal Procedure, as such Death Reference and criminal appeals were heard analogous and being decided by a common judgment.2. Nepali Yadav is the informant of Sikandara (Cha...
Tag this Judgment!Bibi Ruquaiya Khatoon, and ors. Vs. Smt.Kailasho Devi, and ors.
Court: Patna
Decided on: Dec-13-2010
1. This first appeal has been filed by the interveners- appellants against the Order dated 13.01.1993 conforming the Pleader Commissioner's report and the final decree signed on 20.02.1993 by Sri B.K. Choudhary, the learned Sub Judge IIIrd, Muzaffarpur in partition Suit No.106 of 1960.2. It appears that the plaintiffs-respondents filed the aforesaid suit for partition. The said partition suit was decreed. During the pendency of the final decree proceeding, the parties to the suit sold many of the properties. Earlier in the final decree proceeding, Pleader Commissioner was appointed. The said Pleader Commissioner submitted his report which was confirmed and final decree was prepared on 19.09.1987. It further appears that subsequently by terms of Order dated 16.06.1989 passed in Misc. Case No.5 of 1987, the said final decree prepared on 19.09.1987 was set aside. Thereafter, on the application of defendant No.6 to 12, another Advocate Commissioner was appointed to curve out the share of d...
Tag this Judgment!State of Bihar. Vs. Janak Deo Singh.
Court: Patna
Decided on: Dec-13-2010
1. This First Appeal has been filed by the State of Bihar against the Judgment dated 04.12.96 and the Award following thereupon signed on 06.01.1997 by Sri H.N. Singh, the learned Special Acquisition-cum- Subordinate Judge, Ist Court, Siwan in Land Acquisition Reforms Case No.19 of 1989 enhancing the compensation amount and fixing the market value of the lands acquired at the rate of Rs.4,000/- Per Kattha.2. It appears that 3 acres of land of the respondent was acquired by the State of Bihar. The notification under Section 4 of the Land Acquisition Act was issued on 18.11.1987. Thereafter, the land was acquired on 02.02.1989. It may be mentioned here that the said lands were acquired for the purpose of establishing a power house of the electricity Board. The Land Acquisition Officer, Siwan fixed the compensation amount at Rs.1,34,572.33/- in addition to that Rs.10,500/- as cost of was also awarded. The land owner-respondent received the said compensation with objection. Thereafter, he ...
Tag this Judgment!Dr.Zakir HussaIn Primary Teachers Education College, and ors. Dr.Zakir ...
Court: Patna
Decided on: Dec-09-2010
1. THE HON'BLE MR. JUSTICE SHIVA KIRTI SINGH THE HON'BLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA Shiva Kirti Singh,J. The order dated 06.12.2006 whereby a learned single Judge of this Court dismissed writ petition preferred by the appellants bearing CWJC No. 11428 of 2006 in limine on the ground of delay, latches, negligence and acquiescence is under challenge in the Letters Patent Appeal which has been heard together with a connected writ petition.2. The writ petition has been preferred by the Principal of the Institution which is appellant no.1 in the appeal, challenging a letter bearing no. 90 dated 09.04.2009 issued by the Home Resources Development, Government of Bihar whereby an earlier departmental letter contained in Memo No. 254 dated 04.09.1997 (Annexure-3 to the writ petition and Annexure-4 to the L.P.A.) under which the Institution/College was granted recognition, has been cancelled on the ground that the recognition was granted contrary to bar created by Section 16 of the Nati...
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