Patna Court April 2010 Judgments
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State Bank of India Through the Deputy General Manager, State Bank of ...
Court: Patna
Decided on: Apr-07-2010
Ramesh Kumar Datta, J.1. Heard learned Counsel for the petitioner State Bank of India and learned Counsel for the State. No one appears for the respondent Nos. 1 and 2 although respondent No. 1 has entered appearance by filing Vakalatnama.2. The petitioner prays for quashing the order dated 1.2.2003 (Annexure-2) passed by the Presiding Officer, Labour Court, Purnea in Minimum Wages Case No. 28 of 2001 by which he has rejected the petition of the petitioner raising preliminary issue regarding maintainability of the case and the jurisdiction of the Labour Court holding that the Labour Court has got jurisdiction to dispose of the case.3. For decision of the present matter it is not necessary to deal with the facts in detail. Suffice it to say that the State Bank of India as a welfare measure at its own cost opened a medical dispensary at Zonal Office, Purnea to provide medical facilities to the employees of the Bank for which a Doctor has been engaged on contract basis for rendering medic...
Tata Finance Ltd. and ors. Vs. State of Bihar and Nand Kishore Singh
Court: Patna
Decided on: Apr-07-2010
Mandhata Singh, J.1. These revision applications are directed against the part of order dated 13.2.2002 passed by Judicial Magistrate, 1st Class, Patna in Complaint Case No. 2351(c) of 2001 whereby he has proceeded to take cognizance against these petitioners.2. Heard learned Counsel for the parties.3. While complainant's truck was on way to load stone chips that was intercepted on behalf of petitioners, re-possessed as the same was sold to the complainant, on hire purchase agreement and instalment of loan was found due. Instalment loan is said of Rs. 16,650.00 allegedly that was being paid regularly and a meagre amount was due only. Further it is said that chassis and engine only was purchased, its body was constructed by the complainant himself and he was sole owner of the vehicle. Re- possession of the truck is allegedly followed by taking away of Rs. 10,000/-.4. In the complaint filed on behalf of complainant, the complainant and his two witnesses are examined, thereafter cognizanc...
Bhudeo Choudhary, Vs. the State of Bihar and ors.
Court: Patna
Decided on: Apr-07-2010
Shiva Kirti Singh, J.1. All the five writ petitions relate to same subject matter of preemption under Section 16 (3) of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961 (hereinafter referred to as the Act.). They arise out of same facts and involve same questions of law. In fact if Ramdeo Choudhary, respondent No. 9 had sold the land in question in favour of the purchasers through single sale deed and not through five sale deeds dated 9-1-1987, there would have been only one preemption case and not five cases. The vendor Ramdeo Choudhary was one of the sons of Anandi Choudhary who had acquired the lands in question by a registered sale deed dated 20-6-1981. He claimed this property to be his self acquired and separate property and not a purchase on behalf of joint family consisting of his father and other brothers but his father Anandi Choudhary preferred preemption applications bearing Ceiling case Nos. 12/86-87 to 16/86-87 before the Land Re...
Bodha Lall, S/O Late Jamuna Lal Vs. the Union of India (Uoi), Through ...
Court: Patna
Decided on: Apr-07-2010
Sudhir Kumar Katriar, J.1. This writ petition is directed against the order dated 24.8.1999 (Annexure-11), passed by the Central Administrative Tribunal, Patna Bench, in O.A. No. 195 of 1995 (Bodha Lall and Anr. v. The Union of India and Ors.), whereby the original application preferred by the two original applicants has been rejected. The second applicant before the Tribunal has not joined the present writ petition and it is, therefore, confined to the present writ petitioner. The petitioner seeks the benefit of continuous officiation as Investigator from 30.4.1981 till 11.5.1985.2. A brief statement of facts essential for the disposal of the writ petition may be indicated. The petitioner was appointed as Statistical Assistant on 14.4.1971. He was appointed as Tabulation Officer on a purely temporary and ad hoc basis for a period of three months with effect from 30.1.1980, or till the date the post was filled in on a regular basis, whichever was earlier, vide order dated 30.1.1980 (An...
Ram Kumar Prasad Son of Late Moti Mahton, Laboratory Assistant, Govt. ...
Court: Patna
Decided on: Apr-06-2010
Navin Sinha, J.1. Heard learned Counsel for the petitioners and learned Counsel for the State of Bihar.2. An advertisement was published by the State Government on 15.10.1986 inviting applications for appointment on the post of Laboratory Assistants in the pay scale of 785-1210. The qualification prescribed was B.Sc (Physics) with Chemistry and Mathematics. The petitioners having applied came to be appointed on 7.6.1989 and 5.7.1989 posted at different Government Polytechnics. Having learnt of certain orders of this Court and the Apex Court granting UGC pay scales to Laboratory Assistants as granted to Demonstrators, the petitioners also represented for the same and ultimately filed C.W.J.C. No. 3954 of 2000. A Bench of this Court on 16.9.2005 granted liberty for filing of representation which was required to be disposed by reasoned order.3. The respondents then passed the impugned order dated 28.1.2006. It rejects the claim of the petitioners on the grounds (a) the State of Jharkhand ...
Punit Markandey, Vs. the State of Bihar
Court: Patna
Decided on: Apr-06-2010
Dharnidhar Jha and Akhilesh Chandra, JJ.1. The present Criminal Appeal has been preferred by the three appellants against the judgement dated 15.4.1988 passed by the learned 14th Additional District & Sessions Judge, Munger in Sessions Trial No. 147 of 1978/, 192 of 1978/, 24 of 1982. By the above judgement and order of conviction appellants Punit Markanday and Ganga Markanday were found guilty of committing offences under Sections 302/149 and 307 of the Penal Code and were directed to suffer rigorous imprisonment for life as also of ten years on each of the above counts. Appellant Bahadur Markanday was found guilty of committing offences under Sections 302 and 307 of the Penal Code and was awarded the same sentences as were awarded to the above named appellants Punit Markanday and Bahadur Markanday. The sentences were directed to run concurrently.2. Nirmal Mahto who is the son of the deceased Wakil Mahto gave his fardbeyan in which he stated that he along with his uncle Lucho Mahto we...
Kailash Ram Son of Late Manik Ram Posted as District Co-operative Offi ...
Court: Patna
Decided on: Apr-06-2010
Rakesh Kumar, J.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 the entire proceeding arising out of Complaint Case No. 734 of 1998/T.R. No. 616 of 1998 pending before Shri A.K.Bashishta, Judicial Magistrate, Rohtas at Sasaram. It has also been prayed for quashing of the order dated 9.10.1998 whereby the learned Magistrate had taken cognizance of the offence under Sections 323, 341, 504 and 379 of the Indian Penal Code.2. Learned Counsel for the petitioner, while challenging the criminal proceeding pursuant to the complaint case No. 734 of 1998/616 of 1998, has submitted that the complaint petition was filed by the complainant maliciously. He further submits that bare perusal of the complaint petition makes it clear that false allegation was levelled against the petitioner and others. He submits that the petitioner at the relevant time was the District Co-operative Officer, Sasara...
Prithvi Nath Singh, Vs. the State of Bihar and ors.
Court: Patna
Decided on: Apr-06-2010
V.N. Sinha, J.1. Heard learned Counsel for the petitioners and the State.2. Petitioners are the purchaser of 4 acre 77 decimals of land bearing Plot No. 463 appertaining to Khata No. 405 P.S. No. 156 in Village Bhojpur Kadim vide two sale deeds dated 12.7.1994 and 3rd sale deed dated 5.7.1995 executed by Kashi Nath Pathak and Sashi Nath Pathak who had purchased the lands in-question from a trust known as Chhoti Sangat vide sale deed dated 24.5.1967.3. This writ application has been filed questioning the correctness and legality of the notification published under Section 15(1) of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act (hereinafter referred to as the Act), whereunder the lands in-question have been acquired in the light of the orders of this Court dated 1st November, 1977 passed in C.W.J.C. No. 804 of 1977, Annexure-6.4. It is submitted on behalf of the petitioners that the aforesaid land was not included in the draft statement published un...
Devi Dayal Singh Son of Late Ambika Singh and ors. Vs. the State of Bi ...
Court: Patna
Decided on: Apr-06-2010
Rakesh Kumar, J.1. On repeated call, none appeared on behalf of the petitioners either to press this petition or to make a prayer for adjournment.2. Seven petitioners, while invoking inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, have prayed for quashing of order dated 12.11.1998 passed by Additional Sessions Judge-III, Patna in Sessions Trial No. 627 of 1997. By the said order, learned Additional Sessions Judge has rejected the petition filed under Section 227 of the Code of Criminal Procedure for discharge of petitioners. ON perusal of the petition, it appears that the petitioners had taken a stand that on an allegation of opening firing by one Raj Kumar Singh an F.I.R. vide Phulwarisharif P.S. Case No. 257 of 1993 was lodged. It has been asserted in the petition that in the said case, accused Raj Kumar Singh had fired which resulted in injury to one person and thereafter, he was chased by the mob and after chase, he was apprehended. After ap...
Smt. Gangotri Kuer Wife of Late Shri Pati Rai Deceased Vs. the State o ...
Court: Patna
Decided on: Apr-06-2010
V.N. Sinha, J.1. Heard learned Counsel for the petitioner, the State and the Intervenor.2. Petitioner is aggrieved by the order dated 22.12.1997/27.4.1998, passed by the District Magistrate- cum- Collector, Kaimur (Bhabhua) in Ceiling Appeal No. 1 of 1995-96, as contained in Annexure-6 to this application, whereunder he has remanded Ceiling Case No. 1 of 1988-89 initiated against the petitioner for fresh enquiry in regard to classification of lands on the appointed day i.e. 9.9.1970. Aforesaid order dated 22.12.1997/27.4.1998, Annexure-6 has also been affirmed under orders dated 5.1.1999, passed by the Additional Member, Board of Revenue, Bihar, Patna in Revision Case No. 13 of 1998, which is contained in Annexure-7 to this application.3. By filing the present writ application, petitioner has assailed the aforesaid orders dated 22.12.1997/27.4.1998 and 5.1.1999, Annexures-6 and 7 to this application on the ground that earlier the Revenue Authorities of the District, namely, the Circle ...
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