Court : Patna
d.p. wadhwa, c.j. and m.y. eqbal, j.1. in this writ application, the petitioner seeks indulgence of this court under articles 226 and 227 of the constitution of india for issuance of appropriate writ commanding upon the respondents to release in favour of petitioner 15% of the contract value together with interest against the schematic lay out and general arrangement drawings and the plan which was approved by the respondents vide memo no. 1410 dated 24th july 1990.2. the facts of the case lie in a narrow compass. respondent no. bihar state mineral development corporation limited being an instrumentally of the state government engaged in the mining and development of the mineral resources in the state of bihar, on or about 24th july 1987 advertised for taking up two projects, namely, graphite benefication and magnetite grinding benefication. a copy of the tender notice is annexure-1 to the writ application. pursuant to that tender notice, the respondent no. 3 bihar state small industries corporation ltd., besides others, submitted a tender to the respondent nos. 1 and 2 and after pre-qualification selection and due negotiations, held on 7th december 1988, order was passed by the respondent no. 1 in favour of respondent no. 2 for setting up graphite projects at the work value of rs. 1.77 crores on truth key basis as per the setting of the magnetite grinding and benefication projects at rs. 2.49 crores on turn key basis vide letter dated 23rd december 1988. after issue of work .....
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sudhir kumar katriar, j.1. heard mr. awadhesh kumar mishra for the petitioner, and mr. rajesh kumar singh, learned junior counsel to aag ii. this writ petition has been preferred for issuance of a writ of certiorari to quash order no. 257, dated 16.3.2002 (annexure 15), of the government of bihar in the department of personnel & administrative reforms, issued under the signature of deputy secretary of the department, whereby the petitioner's pension to the extent of 100% has been withheld.2. according to the writ petition, the petitioner was at the relevant time posted as registrar in the department of excise, and subsequently as under secretary in the department of minor irrigation, govt. of bihar. he was the drawing & disbursing officer at both the places. on account of huge withdrawals in unauthorised manner during his two postings, the appropriate authority had directed the petitioner to lodge a report prepared by it with the cabinet (vigilance) department, prepared by the appropriate authority and submitted under the petitioners's signature, wherein he was named as an accused. he was thereafter placed under suspension by order dated 2.9.96, in view of initiation of departmental proceedings. he was served with two charge-sheets. the first one was for alleged acts of omission and commission in the excise department, a photocopy of which is part of annexure-5. the second charge-sheet was issued with respect to the affairs of the department of minor irrigation, a photocopy .....
Tag this Judgment!Court : Patna
m.y. eqbal, j.1. this appeal under clause 10 of the letters patent of the patna high court arises out of the judgment dated 13.2.1990 passed by the learned single judge of this court in f.a. no. 42 of 1984 (r) by which the learned single judge allowed the appeal in part and modified the judgment and decree passed by the special subordinate judge, ranchi, in t.s. no. 220 or 1982 decreeing the suit for specific performance of the agreement to sell.2. the plain tiff-appellant filed the aforesaid suit for a decree for specific performance of agreement to sell dated 8.5.1979, executed by the defendant agreeing to transfer 854. sq. feet of land comprised within municipal survey plot no. 206 bearing holding no. 583 within ward no. 5 of ranchi municipality.3. the plaintiff's case, inter alia, was that out of the total consideration amount of rs. 21,500/- a sum of rs. 13,500/- was paid in advance and further a sum of rs. 600/- was also paid on 16.51979. the balance amount was agreed to be paid at the time of execution and registration of the sale deed. as per the agreement, the defendant was required to execute and register the sale deed in favour of the plaintiff within six months from the date of receipt of permission of the competent authority as required under section 27 of the urban land (ceiling and regulation) act, 1976 (hereinafter to be referred to as 'the act' for short).4. the defendant appeared and contested the suit by filing written' statement. the defendant denied .....
Tag this Judgment!Court : Patna
sudhir kumar katriar, j.1. the six appellants have preferred the six appeals arising out of a common judgment dated 22.2.1988, passed by the learned 2nd additional sessions judge, nalanda at biharsharif, in sessions trial no. 258 of 1986/10 of 1987 (the state of bihar v. shailendra mahton and five ors.), whereby arun mahto alias arun kumar has been convicted under section 302 of the indian penal code. the remaining appellants, namely, krishna murari mahton alias krishna murari prasad, shailendra mahton alias shailendra prasad, bahadur mahto alias interjit alias inderjit singh, kaushlendra prasad alias kaushal mahton, and surendra prasad alias suli mahton have been convicted under section 302 read with section 34 of the ipc. all the six appellants have been sentenced to undergo rigorous imprisonment for life.2. the prosecution case is that on 7.3.1986, at 10.45 a.m., the informant budhram prasad (p.w.6), along with deceased vijay yadav got into a rajya transport bus bearing no. bhy 1355, at village nakatpura to go to village poj. when the bus reached village muhammadpur, the accused persons came on two motor-cycles from the west and stopped their motorcycles in front of the bus. they threatened the driver that he would be done to death if he drove the bus ahead. accused arun mahton, shailendra mahton, and bahadur mahton had arrived on one motor-cycle, and kaushal mahton, surendra prasad alias suli, and one more accused whose name he did not remember at that time had .....
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mridula mishra, j.1. appellants madan gopal rai and akshay lal have been convicted by the 2nd additional sessions judge, gaya in sessions case no. 127/84/48 of 1984 for the offences under section 307/34 of the indian penal code by the judgment and order dated 21.12.1987 and have been sentenced to undergo rigorous imprisonment for life. appellant no. 2 akshay lal has further been convicted under section 27 of the arms act, and sentenced to rigorous imprisonment for five years.2. the prosecution case in brief is that one suresh kumar tirthani (pw 6) lodged fardbeyan (ext. 3) on 31.7.1983 at 11 a.m. at pilgrim hospital, gaya alleging therein that he is the brother-in-law of sadhu ram tirthani (pw 4) and also worked as his employee. on 31.7.1983 at 7.45 a.m. he was playing with his nephew in front of his house when rama shankar rai (since dead) and his munshi akshay lal passed through that side on a scooter and after ten minutes akshay lal along with rama shankar rai and madan gopal rai arrived there and asked him as to why he laughed on seeing him. suresh kumar tirthani responded that he was laughing with the child and that is no offence. his reply annoyed the accused persons and on apprehending trouble, he raised alarm on which sadhu ram tirthani and basdeo tirthani arrived there. suresh kumar tirthani handed over his nephew to binod. sadhu ram tirthani asked the accused rama shankar rai as to why he was scuffling without any rhyme or reason on which madan gopal rai caught the .....
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b. p. singh j. - these two writ petitions raise common questions and have been heard together. they are being disposed of by this common judgment. civil writ jurisdiction case no. 6734 of 1994 has been filed by the vendee, whereas civil writ jurisdiction case no. 4283 of 1994 has been filed by the vendor. the representative facts are taken from civil writ jurisdiction case no. 6734 of 1994. the petitioner has challenged the notice dated april 12, 1994 (annexure "8"), issued by the deputy commissioner of income-tax (appropriate authority), and the order passed by him dated july 26, 1994 (annexure "11"), whereby the competent authority has ordered the pre-emptive purchase of the property in question. the petitioner has also prayed for a writ of mandamus commanding the appropriate authority to issue a "no objection" certificate and directing the sub-registrar, patna, to compulsorily register the sale deed in favour of the petitioner. the petitioners grievance is that the order for pre-emptive purchase has been passed in utter violation of law and causing much harassment to the petitioner who has been compelled to approach this court thrice against the arbitrary and illegal actions of the respondents. the purchase order impugned in this writ petition is the third purchase order passed by the appropriate authority. apart from other objections, the petitioner mainly challenges the issuance of the pre-emptive order on the ground that the appropriate authority was not authorised to .....
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m.y. eqbal, j.1. a division bench of this court, while hearing the instant appeal, doubted the correctness of the full bench judgment of this court in the case of krishna bhagwan v. state of bihar (1991) 1 bljr 321, referred the matter to a larger bench to consider the correctness of the judgment of the full bench in view of the law laid down by the supreme court in the case of gopinath ghosh v. state of west bengal : 1984crilj168 . the division bench of this court is of the view that although in krishna bhagwan case (supra), the full bench relied upon the decision of the supreme court in gopinath ghosh case but it has omitted to consider paragraph 11 of the judgment of the supreme court. this is how the matter has been placed before us for answering the reference.2. in the instant case, two appellants have been convicted under sections 302/34, i.p.c. and sentenced to imprisonment for life. appellant no. 1, gopal nag is the son of appellant no. 2, lai mohan nag. it was argued before the division bench that there is clinching evidence of fact that appellant no. 1 was minor at the time of occurrence which took place on 26.12.1991. it was contended that according to assessment made by the trial judge, the age of the appellant gopal nag was about 18 years on 14.12.1992 when his statement was recorded under section 313, cr.p.c. accordingly, appellant no. 1 was below 16 years at the time of occurrence of the offence. it was, therefore, contended before the division bench that the .....
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ravi s. dhavan, c.j. 1. this issue raises an important point on what actually should be the content of local self government with civic functions. what is urbanisation about? is it not a civic function with local self government? it is local government by the people, for the people and of the people. the attack in the present petition is on the bihar regional development authority act, 1981.2. as long as 73rd and 74th amendments to the constitution had not arrived, the encouragement to even debate such issues was not available. not a single argument has been advanced to resist the proposition that the content of the development authority within the area of a municipality has to with elected representatives. if the government is local government in its content then why should peoples representatives be eliminated in participating in municipal government.3. circumstances of the set up which has been structured in bihar (and uttar pradesh) will be better understood in its back ground. the supersession of local self government in uttar pradesh began at the end of the decade of 1960s. in bihar it happened by an ordinance. in bihar the process started in 1971. in the context of bihar the process started in 1971. in the context of bihar this is best noticed in the judgment of the supreme court in re. d.c. wadhwa v. state of bihar, air 1987 sc 579.4. within a municipality the improvement, development and expansion of towns in the state of bihar so as to secure to their present and .....
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choudhary s.n. mishra, j.1. the petitioner is the widow of late jannal: ansari, who has been killed while he was under police handcuffs in the court premises, has filed this writ application under article 226 of the constitution of india for issuance of a writ of mandamus commanding the state and its officials to pay a sum of rs. 10,000,00/- (ten lacs) by way of compensation and/or damages for failure to protect the life of her husband while her husband was in the court premises under the police handcuffs. further prayer of the petitioner in this case is for a direction to the respondents to pay monthly compensation at the rate of rs. 2,000/- for maintenance of the petitioner and for education and maintanance of her minor daughter.2. admitted fact of this case is that the deceased jannat ansari was in judicial custody as an under-trial prisoner in an offence punishable under section 302/34 of the indian penal code. on 14.10.96 late janna't ansari was brought by the police under handcuffs from the sasaram jail to sasaram court for his production in the court of 1st additional sessions judge, rohtas when the petitioner under handcuffs alongwith police personnel reached near the civil court premises, he was shot by unidentified person which hit on his head, as a result he died immediately in the hospital. f.i.r. was lodged by the brother of the deceased, which was registered as sasaram town p.s. case no. 558/96 under section 302/307/324/34 of the indian penal code including 27 .....
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shiva kirti singh, j.1. this writ application under article 226 of the constitution of india has been filed by a student who took the combined engineeringcompetitive examination, 1999 (hereinafter referred to as the examination 1999) conducted by respondent no. 2 on 4-7-99. results have been published on 14-8-99 and the petitioner by virtue of her position on merit has been admitted to one of the engineering courses in the bihar college of engineering, patna. the grievance of the petitioner is that respondents have not prepared the result and offered admission to the students of patna university on a preferential basis as per institutional preference provided by clause-14.4 of the prospectus published by the respondent for the examination of 1999, a copy whereof is annexure-1 to the writ application. according to petitioner clause-14.4. of the prospectus if implemented by the respondents may enable her to get admission into a course or branch of engineering of her choice. accordingly, prayer has been made in the writ petition to direct the respondents to republish results and grant admission afresh by giving institutional preference to the students of patna university against fifty percent seats in the bihar college of engineering, patna.2. although processes of counselling for admission into bihar college of engineering was not stayed by this court but by order dated 29-10-1999, this court observed that the counselling was going on but the same will be subject to result of .....
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