Patna Court June 2011 Judgments
General Manager, National thermal Power Corporation Vs. Sachchida Nand ...
Court: Patna
Decided on: Jun-28-2011
1. All these 4 First Appeals, i.e., First Appeal No.170 of 2007, 171 of 2007, 172 of 2007 and 174 of 2007 have been filed by the National Thermal Power Corporation against common Judgment and Award dated 12 th April, 2007 passed by Sri Ganga Sharan Ram Tripathi, the learned Land Acquisition Judge, Bhagalpur in Land Acquisition reference Case No.363 of 1989, 364 of 1989, 367 of 1989 and 368 of 1989. All the land reference cases arises out of land acquisition case No.10 of 1984-85. 2. Out of all these First Appeals, in the First Appeal No.170 of 2007 land measuring 1.91 acres, in First Appeal No.171 of 2007, land measuring 1.48 acres, in First Appeal No.172 land measuring 2.20 acres and in First Appeal No.173 of 2007, land measuring 2.40 acres total measuring 7.99 acres were acquired by the State of Bihar for the purpose of construction of thermal power station by the National Thermal Power Corporation-appellant. The project for acquisition of land was announced in the year 1984 and cons...
Tag this Judgment!Bal Krishan Sahay and ors. Vs. State of Bihar and ors.
Court: Patna
Decided on: Jun-27-2011
1. Petitioners in all these writ applications were appointed in the year 1997, 1998 and lastly in the year 2007 as Assistant Engineers in the Joint Cadre of Road/Building Construction Department, Government of Bihar. They were applicants for appointment against Advertisement No. 93 of 1985. Petitioners are claiming their notional seniority, and placement in the gradation list of Assistants Engineers of Road/Building Construction Department, just below the last person appointed on 13.2.1989, against the vacancy in the General Category, in pursuant to Cabinet decision dated 2.2.1988. Petitioners, thus claim to be senior to respondents, who were appointed in reserved category pursuant to advertisement No. 93 of 1985, as well as against subsequent vacancies, pursuant to advertisements published subsequently. 2. Advertisement No. 93 of 1985 was published by the Bihar Public Service commission on 13.10. 1985 for appointment of 245 regular Assistant Engineers in the joint Cadre of Road/Buildi...
Tag this Judgment!Mintu Mahaton Vs. State of Bihar
Court: Patna
Decided on: Jun-24-2011
1. The sole appellant named above has preferred this appeal against the judgment of conviction and order of sentence dated 4.2.2009 and 9.2.2009 respectively passed in Trial No. 01 of 2003 by the learned Additional Sessions Judge, F.T.C. No. III, West Champaran, Betiah whereby he has been convicted for the offence punishable under Sections 20 and 23 of the Narcotic Drugs and Psychotropic Substance Act and has been sentenced to undergo rigorous imprisonment of 15 years and fine of rupees one lac on each counts and in default of payment of fine to further undergo rigorous imprisonment for three years on each counts. However, it was ordered that the sentences shall run concurrently. 2. On the basis of self statement of Sub-Inspector of Police –cum-Officer Incharge of Sahodra Police Station dated 2.10.2002 a case vide Sahodra P.S. Case No. 49 of 2002 was registered against Mantu Mahto and Surendra Mahto with regard to an occurrence of 3.45 AM on 2.10.2002. The information was receive...
Tag this Judgment!Nikhil Kumar Singh Vs. the State of Bihar Through Home Secretary, Govt ...
Court: Patna
Decided on: Jun-23-2011
1. The writ application under Articles 226 and 227 of the Constitution of India is for a direction to release the petitioner a convict and serving a sentence of life imprisonment for an offence under Section 302 on account of committing the murder of one Anil Kumar Gupta on 19th of October 1988 at Treasury Chowk in Gopalganj Town within the district of Gopalganj. 2. The only grounds for release is that on the date of the commission of the offence, the petitioner was a juvenile for being aged about 14 years, as per the date of his birth i.e. 05.03.1974 . The further prayer of the petitioner is for issuance of appropriate writ quashing the order dated 06.10.2010, passed by the Justice Juvenile Board , Gopalganj in JJB Cr. Misc. 1 of 2010 as contained in Annexure- 6, whereby the claim for re-determination of his age in order to claim the benefit of juvenility was rejected. 3. The relevant brief facts are given below :- On 19th of October 1988, at about 9.30. p.m. a first information was l...
Tag this Judgment!Dharmendra Brahmchari, S/O Sri Anoop Singh and ors. Vs. State of Bihar ...
Court: Patna
Decided on: Jun-22-2011
1. This petition under Article 226 of the Constitution is filed by the Assistant Teachers employed in Non Government High Schools taken over by the State of Bihar under the provisions contained in the Bihar Non-Government Secondary School (Taking Over of Control and Management) Act, 1981 (hereinafter referred to as `the 1981 Act’). 2. The petitioners (5 in number) have challenged the constitutional validity of Rules 4 (Ka) (1) and 7 (1) (Ka) (2) of the Bihar Nationalised Secondary Schools (Service Conditions) Rules, 1983 (hereinafter referred to as `the 1983 Rules’) as amended by the Bihar Nationalised Secondary School (Service Conditions) Amendment Rules, 2005 (hereinafter referred to as “the 2005 Rules” or as “the 2005 amendment”). 3. At the outset we may note that the petitioners have averred that they have filed this petition in representative capacity. Nevertheless, neither the petitioners have sought permission of the Court to file petition in ...
Tag this Judgment!Laldhar Pandey Vs. State of Bihar and ors.
Court: Patna
Decided on: Jun-22-2011
1. Heard learned counsel for the petitioner and the State. 2. Petitioner’s prayer is for quashing the dismissal order, dated 20.05.1996, passed by the Inspector General of Police, Tirhut Range, Muzaffarpur, while disposing of appeal, preferred by the petitioner against the punishment, awarded in a Disciplinary Proceeding. The impugned order has been challenged by the petitioner on the ground that without observing the direction of the High Court, dated 12.01.1996, in C.W.J.C. No. 7425 of 1989, the Respondent, Appellate Authority, has affirmed the dismissal order. 3. Further prayer of the petitioner is for a direction to Respondents to treat him in service, giving all consequential benefits in accordance with law. Petitioner was posted at Chapra as Constable in the year 1978, when in course of investigation of Bhagwan Bazar P. S. Case No. 19 (11) of 1978, he was made an accused for the offence punishable under section 395 and 364(A) of the Indian Penal Code. F.I.R. was against unk...
Tag this Judgment!Harihar Prasad and ors. Vs. State of Bihar and ors.
Court: Patna
Decided on: Jun-21-2011
1. The three appeals are directed against the judgment of conviction and order of sentence dated 18.12.2008 and 20.12.2008, respectively, passed by the learned Ist Additional Sessions Judge-cum-Special Judge, Motihari, East Champaran in N.D.P.S. Case No. 92 of 206. The three appellants, one each in the three appeals, were charged of committing the offences under Sections 20,23,27A and 29 of the Narcotic Drugs and Psychotropic Substances Act (‘the Act’ for short) and by the impugned judgment were found guilty of committing the offences. After hearing the appellants under Section 235 Cr. P.C., the learned Judge directed each of the three appellants to suffer rigorous imprisonment for ten years on each of the four counts as also to pay a fine of rupees one lac each. In default of payment of fine, each of the appellants was directed to suffer rigorous imprisonment for further period of two years on each of the four counts. However, the sentences were directed to run concurrentl...
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