Court : Patna
M.L. Visa, J. 1. This is an order on the application filed on behalf of respondent No. 1 raising preliminary objection regarding the maintainability of election petition and reply thereto filed by the election petitioner. 2. The case of respondent No. 1 is that the copy of election petition which has been served on him is not true copy of election petition and pages concerning verification and affidavit have not been served on him and, therefore, the election petition is fit to be dismissed under Section 86(1) of the Representation of the Peoples Act, 1951 (hereinafter referred to as the Act) for non-compliance of Section 81(3) of the Act. The another objection of respondent No. 1 is that the petitioner in his election petition has made reckless and imaginary allegations of commission of irregularities and illegalities in the counting of ballot papers but he has failed to furnish material facts and relevant particulars regarding these allegations and there is no contemporaneous docum...
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R.S. Garg, J.1. Heard Ms. Anupama Sharma, learned counsel for the petitioners, Mr. Indeshwari Prasad Mandal for the State, Shri Binod Kumar Kanth, Senior counsel for the then Registrar, Cooperative Societies Mr. Rajesh Agrawal, and Mr. Basant Kumar Choudhary, learned counsel for respondent No. 10 and some of the intervenors. None for the other parties.2. The petitioners being aggrieved by the order dated 18.4.2001, passed in Revision case No. 184 of 2000, by the Registrar, Co-operative Societies, Bihar, Patna, and before this court. The revision came to be filed before the Registrar, Co-operative Societies as the present petitioners were aggrieved by the orders passed by the District Co-operative Officer, Patna in Misc. Case No. 3 of 2000 on 23.6.2000 under which the District Co-operative Officer, Patna superseded the managing committee of Alaknanda Co-operative Housing Construction Society Ltd., under Section 41(1) of the Bihar Co-operative Societies Act, 1935.3. A detailed order run...
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Bisheshwar Prasad Singh, J.1.Petitioner NO. 1 herein was appointed as a Public Prosecutor of Vaishali district in the year 1990 for a term of three years under Section 24 of the Code of Criminal Procedure. Other petitioners were similarly appointed as Additional Public Prosecutor of different districts of the State. Respondent Nos. 4 to 15 were appointed as Assistant Public Prosecutor. The move of the Government to appoint Public Prosecutors/Additional Public Prosecutors from amongst the Assistant Public Prosecutors in the State of Bihar under Section 24(6) of the Code of Criminal Procedure (as amended by Bihar Act 16 of 1984) has led to the filing of this writ petition. The petitioners contend that in terms' of Section 24(6) of the Code of Criminal Procedure, as amended, there does not exist a regular cadre of prosecuting Officers in the State of Bihar, and consequently the State Government cannot appoint a Public Prosecutor or Additional Public Prosecutor from amongst the Assistant ...
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Aftab Alam, J. 1. By a registered deed of saldated 26-9-1994 the petitioner purchased a piece of land measuring Seven and a half decimals in area, forming part of Survey Plot No. 1323 under Khata No. 757 in Tauzi No. 5806 and situate at Mauza Mainpura presently under Patliputra Police Station in the town and district of Patna.2. According to the petitioner she had purchased the aforesaid piece of land for constructing a residential house but she is unable to construct the house on account of two electricity poles fixed and installed there from before by the Bihar State Electricity Board. She requested the officials of the Board to remove the two poles on the plea that they were coming in the way of construction of her house. The Board's officials, however, took the stand that they would remove the poles only on her making payment of the expenses (provisionally estimated at Rs. 21046.00) of the removal and reinstallation of those poles at some other place. 3. This writ petition has b...
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Barin Ghosh, J.1. Whereas in CWJC No. 12348/1996, the principal challenge was adjustment of persons, working with the Adult Education Department, in the Bihar Education Service, who secured a permanent job in the Government, after being recommended by the Bihar Public Service Commission on conclusion of the 30th Combined Competitive Examination; the principal challenge in CWJC No. 3397/1998 was granting of seniority to them above the persons who joined the Bihar Education Service on being recommended by the Bihar Public Service Commission after the 31st Combined Competitive Examination.2. Both the Writ Petitions are by persons who joined the Bihar Education Service on being recommended by the Bihar Public Service Commission after conclusion of the 31st Combined Competitive Examination.3. On the basis of success in the 30th Combined Competitive Examination, whereas six posts in the Bihar Education Service were to be filled in; 203 posts of Block Employment Officers, amongst other posts...
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S.N. Jha, J. 1. As a common dispute is involved in these three cases they have been heard together and are disposed of by this common judgment. 2. The petitioners, who are 87 in number, are students of Dr. B.R. Ambedkar Institute of Dental Sciences & Hospital, Patna (hereinafter referred to as 'the Institute'). (Many similarly placed students of the Institute have joined hands with the petitioners as intervenors). They have approached this Court seeking direction upon the Institute to deliver their mark-sheet, certificates for the first/second/third/fourth year of the BDS Course sent to the Institute by the Magadh University and the original certificates deposited by them at the time of admission, permit them to complete their internship and on completion thereof issue necessary certificate, and other incidental reliefs. The refusal to issue the mark-sheets etc. is on the ground that the petitioners have not paid their outstanding dues. 3. There appears to be a minor dispute about o...
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Manohar Lal Visa, J.1. As all these three appeals are directed against the judgment and order dated 28-2-1987 passed by Additional Sessions Judge II Gaya in Sessions Trial No. 393 of 1994/24 of 1994 convicting and septencing appellants Rajesh Kumar Singh and Madan Singh, both appellants of criminal No, 93 of 1997 and appellant Lallu Singh, appellant of criminal appeal No. 126 of 1997 and appellant Sanjay Kumar Singh, appellant of criminal appeal No. 165 of 1997 to undergo rigorous imprisonment for ten years for the offence committed under Section 364 of Indian Penal Code (In short 'IPC'), rigor-cue- imprisonment for five years for the offence committed under Section 387 of IPC, rigorous imprisonment for life for the offence committed under Section 120B of IPC, rigorous imprisonment for five years for the offence committed under Section 365 of IPC, rigorous imprisonment for life for the offence committed under Sections 302/34 of IPC and rigorous imprisonment for five years for the offe...
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R.N. Prasad, J.1. Death reference and the criminal appeal arise out of the judgment and order dated 3-3-2000/9-3-2000 passed by 4th Additional Sessions Judge, Motihari in Sessions Trial No. 319/33 of 1997. They have been heard together and are being disposed of by this judgment.2. The appellants Babban Singh and Lallan Singh have been convicted for the offence under Section 302 of the Indian Penal Code and sentenced to death. Appellant Ram Anup Singh has been convicted for the offence under Sections 302/34 and 302/109 of the Indian Penal Code and has been sentenced to death. The appellants have further been convicted for the offence under Section 27 of the Arms Act but no separate sentence has been awarded. The appellants have preferred the appeal for setting aside the judgment under appeal whereas reference has been made for confirmation of death sentence awarded by the trial Court.3. Babu Nand Dubey, the informant, of village Jamunia Jasauli gave his fardbeyan on 27-3-1997 at about ...
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Rekha Kumari, J.1. Both these appeals arise out of a common judgment and hence, they are being disposed of by this common judgment.2. These appeals are directed against the judgment dated 15.4.2002 passed by the 6th Additional Sessions Judge, Chapra (Saran) in Sessions Trial No. 475 of 1996 by which he has convicted both the appellants under Section 302/34 of the Indian Penal Code and has sentenced them each to undergo imprisonment for life and also to pay a fine of Rs. 5000/- each and in default to undergo further R.I. for a period of six months.3. The prosecution case, in brief, is that on 4.10.1994 at about 1.15 p.m. the informant Dilip Singh along with his cousins Ajay Singh and Sunil Singh and his brother Amerika Singh started from his shop at Municipality Chowk for his residence at Dahiyawan Tola by a Maruti Van bearing registration No. BR-04-9991. The vehicle was being driven by Amerika Singh and the informant, Ajay Singh and Sunil Singh were sitting on the rear seat of the sai...
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Sheema Ali Khan, J.1. This application has been filed for quashing the entire criminal proceeding arising out of Begusarai Town P.S. case No. 274 of 2000 dated 16.9.2000 registered under Sections 406/490/467/468/471/34 of the Indian Penal Code.2. Before giving the facts of the case it may be mentioned that petitioner filed Cr. Misc. No. 32733 of 2001 which was dismissed for non-prosecution on 24.5.2002. The petitioner has filed a fresh application for quashing on 14.10.2003 vide Cr. Misc. No. 28734 of 2003. This application was also dismissed for non-prosecution by order of this Court dated 6.5.2003. The petitioner filed a restoration application vide Cr. Misc. No. 18504 of 2004 which was restored on 12.7.2004. Accordingly, this matter is now being finally disposed of.3. The petitioner is an advocate of the High Court and he is seeking for quashing of the aforesaid criminal proceeding on the ground that after investigation by the Central Bureau of Investigation for the said offence fi...
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