Court : Patna
ORDERAbhijit Sinha, J.1. Both these applications have been taken up together as the complainant in both the cases happen to be the same Bihar Industrial Area Development Authority (hereinafter referred to as 'the BIADA') and the petitioners are offices of News daily, 'Times of India' and the issues involved relates to publication of certain news items in the said News Daily in respect of the inaction of the Authority and having been heard together are being disposed of by this common order.2. The petitioners of Cr. Misc. No. 49987 of 2007 are Resident Editor, Assistant Resident Editor and Reporter of the news paper, Times of India, along with others have been impleaded as accused in Complaint Case No. 1968(M) of 2007 and have prayed for the quashing of the entire prosecution arising out of the same case including the order dated 26.6.2007 passed therein by the learned Chief Judicial Magistrate, Patna, whereby he has taken cognizance of offences under Sections 500, 501, 502, 109 and 120...
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Choudhary S.N. Mishra, J. 1. In this writ application under Articles 226 and 227 of the Constitution of India the petitioner has prayed for quashing the award of the Industrial Tribunal, Patna, dated May 8, 1986, copy of the said award is made Annexure 1 to this writ application.2. The petitioner claims to be the member of the registered union of the working journalists in the State of Bihar and working in Urdu daily newspapers published from Patna. The Union of India in the Ministry of Labour by notification, dated February 9, 1979, constituted a Tribunal under Section 13A(1) of the Working Journalists and Other Newspaper Employees (Conditions of Service) and Miscellaneous Provisions Act, 1955 (hereinafter referred to as the Act), for the purpose of fixing and revising the rates of wages. Similarly another Tribunal was constituted for non-journalist newspaper employees by notification, dated February 9, 1979 in terms of Section 13DD of the Act under the Chairmanship of Justice Sri P...
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S.K. Katriar, J.1. This matter comes up before us on a reference made by a learned single Judge of this Court by his order dated 3.4.2006.2. The brief facts essential for adjudication of the matter are not in dispute. One Sanat Kumar Ghosh entered into an agreement with the present petitioner on 25.7.1987, for sale of the land in question for a total sum of Rs. 1,10,000/-, and received a sum of Rs. 30,000/- by way of earnest money by cheque. The petitioner thereafter tendered the balance sum of Rs. 80,000/- to Sanat Kumar Ghosh with the request to execute the registered sale deed; he refused to receive the amount, and did not execute the registered document. The petitioner, therefore, instituted Title Suit No. 168/88 in the court of learned Sub Judge, Gaya, for specific performance of the contract. Sanat Kumar Ghosh died during the pendency of the suit and was substituted by his heirs, being his two daughters. The learned Sub Judge VI, Gaya, allowed the suit by his judgment and decree...
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S.K. Homchaudhuri, J.1. It is regrettable that this second appeal has been pending disposal in this Court for about 13 years. This case reveals the long legal battle between the land-lord and the tenant. While the Respondent-land-lord, an old person, after retirement from service, with the desire to occupy his residential house in the city, instituted the suit 18 years back, the tenant a local Advocate, successfully resisted the landlord, although he had built his own residential house in the city before institution of the suit.2. The plaintiff-respondent instituted Title Suit No. 103 of 1977 in the court of the learned Munsif for a decree for recovery of Khas possession of the suit premises fully described to the schedule of the plaint, after evicting the defendant-appellant therfrom. The case of the plaintiff was that the defendant was the tenant in respect of the suit premises for a specified period of eleven months commencing from 1.4.1976 at a monthly rental of Rs. 25/-. But afte...
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Aftab Alam, J.1. Petitioner No. 1 before this Court is a Charitable Trust registered under the Indian Registration Act, 1888. Petitioner No. 2 is a citizen of India and one of the Trustees of the Trust. He states that he is duly authorised to file this writ petition on behalf of the trust.2. The trust was registered on 23-12-1993, it was originally established by a gentleman called Mr. Lama Thubten Zopa Sherpa who is foreign national. Later on, amendments were made in its constitution and under the amended constitution, no foreign national can be its trustee. Presently, all its four trustees are Indian citizens.3. The Trust has acquired through purchase certain immovable properties in the District of Gaya. But, it is facing difficulties in getting the sale-deeds duly registered under the Indian Registration Act. It is stated that initially the District Registrar declined to accept the transfer-deeds for registration and the petitioners were forced to move before the Districts Magistra...
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M.L. Visa, J.1. This an order on an application filed by sole respondent under Section 86(1) of the Representation of People Act, 1951 (in short, '1951 Act') read with Order VII, Rule 11 of the Code of Civil Procedure challenging the maintainability of election petition for non-compliance of mandatory provisions of Sections 81 and 83 of '1951 Act' and reply to this petition filed by petitioner.2. The brief facts of the matter are that respondent was one of the contesting candidates in the election held in the year 2000 for Govindganj Assembly constituency, in the State of Bihar (in short,' the election in question) and he was declared elected. The petitioner has challenged the election of respondent on the grounds that respondent was not qualified to be chosen to fill the seat of Bihar Legislative Assembly under the law and in fact, his nomination papers were improperly accepted. The case of petitioner is that the respondent is in reality a resident of Uttar Pradesh and he is also an ...
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Nagendra Rai, J. 1. The petitioner,, a clearing and sales agent of products of Nestle India Limited (hereinafter referred to as the Company) has filed the present writ application for quashing the notification dated 10th April, 2001 whereby amendment has been made in the Schedule of the Bihar Agricultural Produce Markets Act (hereinafter referred to as the Act) in exercise of power under Section 39 of the Act in so far as the products made by the Company included under Item No. VIII of the schedule captioned as Animal Husbandry Products and notices issued by the agricultural Produce Markets Committee, Mussalahpur (hereinafter referred to as the Committee) asking the petitioner to take licence and to pay market fee with regard to the said products. At the time of argument, learned Senior counsel appearing for the petitioner confined the challenge to the notification only with regard to two products, namely, lactogen and milkmaid being sub-items No. 22 and 25 under heading VIII, Animal...
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S.K. Katriar, J.1. Mr. Sanjay Singh, learned Standing Counsel No. IX is present along with the Chief Secretary, Government of Bihar, Secretary, Department of Revenue and Land Reforms, Government of Bihar Patna, the District Magistrate, Chapra (Saran), D.D.C. Purnia on behalf of District Magistrate, Purnia, Additional District Magistrate, Kishanganj, on behalf of District Magistrate, Kishanganj, Block Development Officer-cum-Circle Officer, Kishanganj and Circle Officer, Marhowrah, Saran.2. A large number of writ petitions have been coming up before this Court wherein the basic issues are common. In fact, a large number of such writ petitions are today listed before me along with the present writ petition. In view of the general nature of such issues affecting administration of justice in this state in general and this Court in particular, I am dealing with those issues collectively in one of them. My observations hereinbelow are based on the cases that have been placed before me for a...
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Shiva Kirti Singh, J. 1. All the six petitioners in this writ application have obtained G.A.M.S. degrees from State Faculty of Ayurvedic and Unani Medicines (hereinafter referred to as the 'State Faculty') established under Section 17 of the BiharDevelopment of Ayurvedic and Unani System Act of 1951 (hereinafter referred to as the Act of 1951). They have prayed, in this writ application filed under Article 226 of the Constitution of India, to quash the letters dated 11-8-1998 (Annexure 5 series) issued by respondent No. 2 Head of the Department-cum-Convenor, Post-graduate Admission Committee, Post-graduate Department, Govt. Ayurved College, Patna by which the admission committee has rejected the applications of the petitioners for appearing in an examination for admission in Post-graduate course in Ayurved leading to award of Doctor of Medicine degree in Ayurved. The petitioners have further sought a declaration that the respondents may be directed to treat the petitioners eligible f...
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Abhijit Sinha, J.1. This application under Section 482 of Cr.P.C. is directed against the order dated 10.09.2003 passed by Sri K. Lal, learned Judicial Magistrate, Ist Class, sherghati (Gaya) in complaint Case No. 95/03 whereby he has taken cognizance of the offences under Sections 379, 323 and 504 of the I.P.C. and directed for issuance of summons.2. Complainant Mahendra Mishra filed the aforesaid complaint stating, inter alia, that he had purchased a truck bearing Registration No. BR-l6G-5l5l from M/S Tewari Bechar which was financed by M/S Paragon Finance Ltd., Kokar, Ranchi, in pursuance of an agreement prepared between the parties. It has been stated that the complainant had paid a total sum of Rs. 5,33,636/- through instalments to M/s Paragon Finance Ltd. and a further sum of Rs. 1,66, 642/-to M/s Tewari Bechar. It is alleged that at about 4 P.M. on 12.03.2003, while the said truck was enroute to Bihta from Jamshedpur, carrying scraps and had reached near Dobhi, Alok Kumar Gupta...
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